TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Jeff Provenzano
SUBJECT: See Below DATE: October 5, 2026
Approved Date:
10/15/26
COUNCIL DISTRICT: Citywide
SUBJECT: Amendment to Chapter 15.10 of Title 15 of the San José Municipal Code to Implement California Water Code Section 10608.14 Regarding the Use of Potable Water to Irrigate Nonfunctional Turf
RECOMMENDATION
Approve an ordinance amending Part 1 of Chapter 15.10 and adding a new Part 5 to Chapter 15.10 of Title 15 of the San José Municipal Code to implement Assembly Bill 1572, including a phased prohibition on the use of potable water to irrigate nonfunctional turf on specified properties.
SUMMARY AND OUTCOME
The proposed ordinance would amend Chapter 15.10 of the San José Municipal Code in accordance with California’s Assembly Bill 1572 (AB 1572), which establishes a statewide prohibition on the use of potable water to irrigate nonfunctional turf on specified properties, including commercial, industrial, institutional, common areas of homeowners’ associations, common interest developments, and community service organizations, as well as local government, public agency, and public water system properties, with implementation phased by property type beginning January 1, 2027.
State legislation requires governing boards of public water systems to revise their regulations, ordinances, or policies governing water service to include the requirements of the bill.
COUNCIL AGENDA: 10/27/26
FILE: 26-1116
ITEM: 6.2
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendment to Chapter 15.10 of Title 15 of the San José Municipal Code to Implement California Water Code Section 10608.14 Regarding the Use of Potable Water to Irrigate Nonfunctional Turf
BACKGROUND
AB 1572, signed in 2023 and effective January 1, 2024, added California Water Code Section 110 and Chapter 2.5 (commencing with Section 10608.14) to establish a permanent statewide framework for eliminating the use of potable water to irrigate nonfunctional turf on specified properties. The Legislature found that using potable water for nonfunctional turf is wasteful and inconsistent with state policies addressing climate change, water conservation, and long-term water supply reliability. During recent droughts, the State Water Resources Control Board (State Water Board) has temporarily enacted a prohibition on the use of potable water for irrigation of nonfunctional turf at commercial, industrial, and institutional sites. AB 1572 establishes similar permanent requirements with phased compliance dates.
AB 1572 requires public water systems, by January 1, 2027, to revise their regulations, ordinances, or policies governing water service to incorporate the statutory requirements and to communicate those requirements to customers.
The implementation deadline requirements of AB 1572 are phased by property type:
• January 1, 2027: All properties owned by local governments, local or regional public agencies, and public water systems, except qualifying properties in disadvantaged communities described below.
• January 1, 2028: All other institutional properties and all commercial and industrial properties.
• January 1, 2029: All common areas of properties of homeowners’ associations, common interest developments, community service organizations, or similar entities.
• January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf to climate-appropriate landscapes, whichever is later: properties owned by local governments, local public agencies, and public water systems in a disadvantaged community.
ANALYSIS
Chapter 15.10 of the San José Municipal Code establishes the City’s water waste prevention and water shortage measures. Because AB 1572 expressly requires public water systems to revise their water-service regulations, ordinances, or policies by January 1, 2027, the proposed ordinance would amend Part 1 of Chapter 15.10 to add definitions needed to administer the state requirements and would add a new Part 5,
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendment to Chapter 15.10 of Title 15 of the San José Municipal Code to Implement California Water Code Section 10608.14 Regarding the Use of Potable Water to Irrigate Nonfunctional Turf
“Prohibition on Potable Water Use for Nonfunctional Turf,” consisting of Sections
15.10.500 through 15.10.540.
The proposed code amendments implement a state-mandated change rather than create a new discretionary City prohibition.
The proposed ordinance would prohibit the use of potable water to irrigate nonfunctional turf on covered properties according to the phased schedule established by state law.
The restriction does not itself require removal of turf or any specific landscape conversion, nor does it prohibit the use of recycled water to irrigate nonfunctional turf.
This distinction is particularly relevant for properties at which recycled water is used or available for use, where conversion from potable to recycled water can provide a compliance pathway for property owners who wish to continue irrigation of their turf.
The AB 1572 framework is incorporated into Chapter 15.10 and identifies what turf is subject to the prohibition, when the requirements apply, what exemptions apply, and how the City may administer and enforce the requirements. The principal ordinance changes are summarized below.
Table - Summary of Proposed Municipal Code Changes
Category Proposed Municipal Code
Provision
Effect
Definitions New Sections 15.10.100
through 15.10.190
Adds definitions needed to administer the
requirements, including common areas,
community space, disadvantaged community,
functional turf, nonfunctional turf, and
recreational use area.
Prohibition New Section 15.10.510 Prohibits potable water irrigation of nonfunctional turf on covered properties
according to the statutory schedule.
Exemptions Sections 15.10.510 and
15.10.520
Excludes cemeteries from covered commercial,
industrial, and institutional properties and
allows potable water use as necessary for tree
and perennial non-turf plant health or an
immediate health and safety need.
Implementation Section 15.10.510 In accordance with AB 1572, phases the prohibition from January 1, 2027, through
January 1, 2031, based on property type and
disadvantaged-community status, with
extensions as authorized by state law.
Enforcement Section 15.10.530 City can administer and enforce Part 5; makes San José Municipal Code and other applicable
enforcement authorities available.
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendment to Chapter 15.10 of Title 15 of the San José Municipal Code to Implement California Water Code Section 10608.14 Regarding the Use of Potable Water to Irrigate Nonfunctional Turf
Definitions of Functional and Nonfunctional Turf
The distinction between functional and nonfunctional turf is based on use, rather than appearance alone. Under the proposed ordinance at Section 15.10.150, “Functional Turf” means a ground cover surface of turf located in a recreational use area or community space. Definitions added within the proposed ordinance amendments provide further clarity on the type of turf that would not be subject to the prohibition.
Examples of functional turf which would not be subject to watering restrictions include areas designated by a property owner or governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings; cemeteries; and areas designated to accommodate formal or informal recreation including sports fields, golf courses, playgrounds, picnic grounds, and pet exercise areas.
Proposed Section 15.10.170 defines “Nonfunctional Turf” as turf that is not functional turf, and expressly includes turf located within street rights-of-way and parking lots. In practical terms, ornamental grass surrounding an office building or in a parking-area landscape would generally be considered nonfunctional. Similarly, turf enclosed by fencing or other barriers that permanently preclude human access for recreation or assembly is considered nonfunctional turf.
In accordance with AB 1572, the proposed ordinance amendments allow for the continued use of potable water to the extent necessary to ensure the health of trees and other perennial non-turf plantings. They also allow potable water to be used to the extent necessary to address an immediate health and safety need.
AB 1572 Self-Certification Requirement
AB 1572 requires self-submittal of certification of compliance to the state, placing the obligation on affected property owners rather than requiring the City and other municipalities and/or water retailers to monitor or determine the compliance status of every turf area. The self-submitted certification will affirm whether the property complies with the statutory requirements and is to be submitted in a form and manner that has not yet been established by the State Water Board. Accordingly, these state selfcertification requirements are not included in the proposed ordinance; the ordinance instead authorizes the City to administer and enforce the local potable water prohibition consistent with state law.
Owners of commercial, industrial, or institutional properties with more than 5,000 square feet of irrigated landscape area, excluding cemeteries, must certify compliance to the State Water Board beginning June 30, 2030, and every three years thereafter through 2039.
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendment to Chapter 15.10 of Title 15 of the San José Municipal Code to Implement California Water Code Section 10608.14 Regarding the Use of Potable Water to Irrigate Nonfunctional Turf
Owners of homeowners’ associations, common interest developments, community service organizations, or similar properties with more than 5,000 square feet of irrigated common area must certify compliance beginning June 30, 2031, and every three years thereafter, through 2040.
Based on the limited information available to date on the state’s plan for compliance monitoring and enforcement, it is anticipated that the City would take an education-first approach to enforcement where necessary, which may be secondary to enforcement actions as may be implemented by the state.
The City is served by three public water systems: San Jose Water Company, Great Oaks Water Company, and the Municipal Water System. Each public water system is required to perform outreach and work with its respective customers to be in compliance with state law for its respective service area.
Climate Smart San José Analysis
The proposed ordinance supports Climate Smart San José water-efficiency goals by reducing potable water use for ornamental turf that does not provide a recreational or community function. It also supports greater use of alternative water supplies because the prohibition applies to potable water and does not prohibit irrigation with recycled water.
EVALUATION AND FOLLOW-UP
No additional follow-up action with the City Council is expected at this time.
COORDINATION
This memorandum was coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
PUBLIC OUTREACH
This memorandum will be posted on the City Council Agenda website for the October 27, 2026 City Council meeting.
HONORABLE MAYOR AND CITY COUNCIL
October 5, 2026
Subject: Amendment to Chapter 15.10 of Title 15 of the San José Municipal Code to Implement California Water Code Section 10608.14 Regarding the Use of Potable Water to Irrigate Nonfunctional Turf
San José Municipal Water System conducted and will continue to conduct customer outreach and provide information on AB 1572 and its forthcoming compliance deadlines. A dedicated page was added to the City website1 to provide information and guidance on state regulations and outline the steps customers should take to ensure compliance. Additionally, an informational postcard was mailed to all San José Municipal Water System commercial, industrial, and institutional customers in May 2024 and October 2025 to help raise early awareness of the upcoming regulation. In July 2026, staff from San José Municipal Water System and Valley Water attended a homeowners’ association meeting to discuss the upcoming regulation and answer questions. Staff will continue to conduct outreach ahead of the varying compliance dates, anticipated to include outreach methods such as fact sheets, webpage updates, email outreach to specific groups (i.e., property management companies), and informational webinars.
BOARD, COMMISSION, COMMITTEE RECOMMENDATION AND INPUT
No board, commission, or committee recommendation or input is associated with this action.
CEQA
Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution. /s/
Jeff Provenzano, P.E.
Director, Environmental Services
Department
For questions, please contact John Tang, Deputy Director, Environmental Services Department, at [email protected] or (408) 277-3288. 1 https://www.sanjoseca.gov/your-government/departments-offices/environmental-services/waterutilities/drinking-water/water-efficiency/outdoor-water-use-rules-for-businesses/nonfunctional-turf-ban