The California Legislature has set its sights on using potable water for the irrigation of “non-functional turf.” Beginning January 1, 2029, community/homeowner associations will be prohibited from using potable water (water suitable for human consumption) for the irrigation of nonfunctional turf located in the common areas, excluding exclusive use common areas.
For commercial properties, the ban will begin January 1, 2028. Apartment buildings are generally considered residential and not subject to the potable water ban; however, mixed use properties with commercial operations, in addition to residential units, could have landscape areas that are subject to the ban.
“Non-functional turf” is a ground cover surface of grass that is not located in a recreational use area or community space; it is commonly known as decorative or ornamental. A “recreational use area” is an area designated to accommodate human foot traffic for recreation (e.g., sports fields, golf courses, playgrounds, picnic grounds, and pet exercise areas). “Community space” is an area designated to accommodate human foot traffic for community events or social gatherings.
Notwithstanding the prohibition, potable water can be used to the extent necessary to ensure the health of trees and other perennial non-turf plantings, or to the extent necessary to address an immediate health and safety need. Another exemption may be available for species of grass that require a low amount of water if the user (1) certifies that the grass species needs certain low levels of water and (2) demonstrates that the grass is watered in a way that uses certain low levels of water.
Commencing June 30, 2031, and every three years thereafter through 2040, associations with more than 5,000 square feet of irrigated common area (excluding exclusive use common area) must certify that their property is in compliance. Commencing June 30, 2030, and every three years thereafter through 2039, commercial properties with more than 5,000 square feet of irrigated area must certify that their property is in compliance.
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