Thursday, February 1, 2024
Recently the State scaled back water restrictions by allowing the emergency prohibition on wasteful water use to expire. However, this action did not erase the State Water Resource Control Board’s (“SWRCB”) water conservation efforts which remain in place. Accordingly, many of the restrictions on homeowners’ associations remain effective until June 5, 2024, unless the restrictions are readopted by SWRCB. Additionally, AB 1572 which was adopted by the legislature this year and scheduled to take effect in 2029, prohibits associations from using potable water to irrigate any non-functional turf.
Current SWRCB Restrictions
The current water conservation regulations distinguish between functional and non-functional turf. Non-functional turf is defined as “ground cover surface of mowed grass that is solely ornamental and not otherwise used for human recreation purposes.”
In accordance with these regulations, the Association is prohibited from watering any turf, which is not used for recreational purposes, with potable water. This regulation does not ban watering grass with recycled water, watering grass regularly used for recreation or community activities, or watering trees or other plants. For turf to be functional, it must be regularly used for human recreation purposes.
Future Restrictions
The State of California has announced their goal of reducing overall water usage at all times, not only during drought. In connection with this goal, the legislature passed AB 1572 which addresses the use of potable water for watering non-functional turf. AB 1572 prohibits associations from using potable water to irrigate any non-functional turf beginning January 1, 2029.
Additionally, associations with more than 5,000 square feet of irrigated common area must certify to the SWRCB every three years beginning June 30, 2031, through 2040 that their property is in compliance with the restrictions set forth in Chapter 2.5 of the Water Code.
It is likely that the legislature will adopt additional restrictions on water usage in years to come. Notably, if the SWRCB allows the current prohibition on watering non-functional turf, associations will still have to comply with AB 1572 in the future. Accordingly, it is important to begin adjusting to the water use restrictions and determining how best to implement them while also maintaining the aesthetics of the community.
Conclusion
If your association does not have the ability to water non-functional turf with recycled water, i.e., non-potable water, the association should cease watering the turf until further notice. Additionally, if the association has not implemented these restrictions, which have been in place since 2022, the board should take immediate action to assess the current water usage in the community and determine which area, if any, should not be watered. Failing to comply with the SWRCB restrictions exposes the association to liability including potential fines.
For now, boards are not expected to take immediate action regarding AB 1572; however, boards should be aware of the increasing restrictions in years to come. Accordingly, boards may want to be proactive and begin reducing water usage or implementing drought tolerant landscaping, in anticipation of future restrictions.