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10608.12.
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WATER CODE - WAT
DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )
CHAPTER 2. Definitions [10608.12- 10608.12.] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) Unless the context otherwise requires, the following definitions govern the construction of this part:
(a) “Affordable housing” has the same meaning as defined in Section 34191.30 of the Health and Safety Code. (b) “Agricultural water supplier” means a water supplier, either publicly or privately owned, providing water to 10,000 or more irrigated acres, ex
cluding recycled water. “Agricultural water supplier” includes a supplier or contractor for water, regardless of the basis of right, that distributes or sells water for ultimate resale to customers. “Agricultural water supplier” does not include the department. (c) “Base daily per capita water use” means any of the following:
(1) The urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per da
y and calculated over a continuous 10-year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(2) For an urban retail water supplier that meets at least 10 percent of its 2008 measured retail water demand through
recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier, the urban retail water supplier may extend the calculation described in paragraph (1) up to an additional five years to a maximum of a continuous 15-year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(3) For the purposes of Section 10608.22, the urban retail water supplier’s estimate of its average gross water use, reported in
gallons per capita per day and calculated over a continuous five-year period ending no earlier than December 31, 2007, and no later than December 31, 2010. (d) “Baseline commercial, industrial, and institutional water use” means an urban retail water supplier’s base daily per capita w
ater use for commercial, industrial, and institutional users. (e) “CII water use” means water used by commercial water users, industrial water users, institutional water users, and large landscape w
ater users.
(f) “Commercial water user” means a water user that provides or distributes a product or service. (g) “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’
association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property. (h) “Common interest development” has the same meaning as in Section 4100 of the Civil Code. (i) “Community service organization or similar entity” has the same meaning as in Section 4110 of the Civil Code. (j) “Community space” means an area designated by a property owner or a governmental agency to accommodate hum
an foot traffic for civic, ceremonial, or other community events or social gatherings. (k) “Compliance daily per capita water use” means the gross water use during the final year of the reporting period, reported in
gallons per capita per day.
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(l) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annua
l median household income.
(m) “Functional turf” means a ground cover surface of turf located in a recreational use area or community space.
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urf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.
(n) “Gross water use” means the total volume of water, whether treated or untreated, entering the distribution system of an
urban retail water supplier, excluding all of the following:
(1) Recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale w
ater supplier.
(2) The net volume of water that the urban retail water supplier places into long-term storage. (3) The volume of water the urban retail water supplier conveys for use by another urban water supplier. (4) The volume of water delivered for agricultural use, except as otherwise provided in subdivision (f) of Section 10608.24.
(o) “Homeowners’ association” means an “association” as defined in Section 4080 of the Civil Code. (p) “Industrial water user” means a water user that is primarily a manufacturer or processor of materials as defined b
y the North American Industry Classification System code sectors 31 to 33, inclusive, or an entity that is a water user primarily engaged in research and development.
(q) “Institutional water user” means a water user dedicated to public service. This type of user includes, among other users, higher education
institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.
(r) “Interim urban water use target” means the midpoint between the urban retail water supplier’s base daily per capita w
ater use and the urban retail water supplier’s urban water use target for 2020. (s) “Large landscape” means a nonresidential landscape as described in the performance measures for CII water use adopted pursua
nt to Section 10609.10.
(t) “Locally cost effective” means that the present value of the local benefits of implementing an agricultural efficiency w
ater management practice is greater than or equal to the present value of the local cost of implementing that measure.
(u) “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of- w
ay and parking lots.
(v) “Performance measures” means actions to be taken by urban retail water suppliers that will result in increased w
ater use efficiency by CII water users. Performance measures may include, but are not limited to, educating CII water users on best management practices, conducting water use audits, and preparing water management plans.
Performance measures do not include process water.
(w) “Potable reuse” means direct potable reuse, indirect potable reuse for groundwater recharge, and reservoir w
ater augmentation as those terms are defined in Section 13561. (x) “Potable water” means water that is suitable for human consumption. (y) “Process water” means water used by industrial water users for producing a product or product content or water used for research
and development. Process water includes, but is not limited to, continuous manufacturing processes, and water used for testing, cleaning, and maintaining equipment. Water used to cool machinery or buildings used in the manufacturing process or necessary to maintain product quality or chemical characteristics for product manufacturing or control rooms, data centers, laboratories, clean rooms, and other industrial facility units that are integral to the manufacturing or research and development process is process water. Water used in the manufacturing process that is necessary for complying with local, state, and federal health and safety laws, and is not incidental water, is process water. Process water does not mean incidental water uses. (z) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (aa) “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal. (ab) “Recycled water” means recycled water, as defined in subdivision (n) of Section 13050. (ac) “Regional water resources management” means sources of supply resulting from watershed-based planning for sustainable local water reliability or any of the following alternative sources of water:
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(1) The capture and reuse of stormwater or rainwater.
(2) The use of recycled water.
(3) The desalination of brackish groundwater.
(4) The conjunctive use of surface water and groundwater in a manner that is consistent with the safe yield of the groundwater basin.
(ad) “Reporting period” means the years for which an urban retail water supplier reports compliance with the urban water use targets.
(ae) “Turf” has the same meaning as defined in Section 491 of Title 23 of the California Code of Regulations. (af) “Urban retail water supplier” means a water supplier, either publicly or privately owned, that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes.
(ag) “Urban water supplier” has the same meaning as defined in Section 10617. (ah) “Urban water use objective” means an estimate of aggregate efficient water use for the previous year based on adopted water use efficiency standards and local service area characteristics for that year, as described in Section 10609.20.
(ai) “Urban water use target” means the urban retail water supplier’s targeted future daily per capita water use. (aj) “Urban wholesale water supplier” means a water supplier, either publicly or privately owned, that provides more than 3,000 acre-feet of water annually at wholesale for potable municipal purposes. (Amended by Stats. 2023, Ch. 849, Sec. 3. (AB 1572) Effective January 1, 2024.) ATTACHMENT 3
Code: Select Code Section: 1 or 2 or 1001 Search
10608.14.
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WATER CODE - WAT
DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )
CHAPTER 2.5. Nonfunctional Turf [10608.14- 10608.14.] ( Chapter 2.5 added by Stats. 2023, Ch. 849, Sec. 4. ) (a) The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:
(1) All properties owned by the Department of General Services, beginning January 1, 2027. (2) All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in
paragraph (5), beginning January 1, 2027.
(3) All other institutional properties and all commercial and industrial properties, beginning January 1, 2028. (4) All common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029.
(5) All properties owned by local governments, local public agencies, and public water systems in a disadv
antaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later.
(b) Notwithstanding subdivision (a), the use of potable water is not prohibited by this section to the extent necessary to ensure the health
of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.
(c) The board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to hum
an health or safety, postpone a compliance deadline in subdivision (a) by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the board by property owners.
(d) Public water systems shall, by no later than January 1, 2027, revise their regulations, ordinances, or policies go
verning water service to include the requirements of subdivisions (a) and (b), as revised by the board pursuant to subdivision (c), and shall communicate the requirements to their customers on or before that date. (e) (1) An owner of commercial, industrial, or institutional property with more than 5,000 square feet of irrigated area other tha
n a cemetery shall certify to the board, commencing June 30, 2030, and every three years thereafter through 2039, that their property is in compliance with the requirements of this chapter. (2) An owner of a property with more than 5,000 square feet of irrigated common area that is a homeowners’ association, common
interest development, or community service organization or similar entity shall certify to the board, commencing June 30, 2031, and every three years thereafter through 2040, that their property is in compliance with the requirements of this chapter.
(f) Noncompliance by a person or entity with this chapter or regulations adopted thereunder shall be subject to civil liabilit
y and penalties set forth in Section 1846, or to civil liability and penalties imposed by an urban retail water Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT 3
supplier pursuant to a locally adopted ordinance or policy. (g) (1) A public water system, city, county, or city and county may enforce the provisions of this chapter. (2) To avoid duplication of enforcement, any entity identified in paragraph (1) that is not a retail public water system sha
ll notify the retail public water system 30 days prior to enforcement of the provisions of this chapter against a property served by such system.
(3) Nothing in paragraph (2) shall preclude enforcement by any entity identified in paragraph (1) once adequate notice is giv
en.
(h) The department shall, when using funds appropriated for water conservation for turf replacement, prioritize fina
ncial assistance for nonfunctional turf replacement to public water systems serving disadvantaged communities and to owners of affordable housing.
(i) The department shall utilize the saveourwater.com internet website and outreach campaign to provide inf
ormation and resources on converting nonfunctional turf to native vegetation. (j) The Governor’s Office of Business and Economic Development shall support small and minority-owned businesses tha
t provide services that advance compliance with this chapter. (Added by Stats. 2023, Ch. 849, Sec. 4. (AB 1572) Effective January 1, 2024.) ATTACHMENT 3