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Council Agenda: 10-27-2026
Item No.: 6.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
PART 1 OF CHAPTER 15.10 AND ADDING A NEW PART
TO CHAPTER 15.10 OF TITLE 15 OF THE SAN JOSE
MUNICIPAL CODE RELATED TO POTABLE WATER
WASTE PREVENTION
WHEREAS, the State of California has determined that the use of potable water for the irrigation of nonfunctional turf contributes to inefficient water use and conflicts with longterm water sustainability goals; and WHEREAS, Assembly Bill 1572 (AB 1572) and California Water Code Section 10608.14 establish a timeline for banning potable water irrigation of nonfunctional turf across commercial, industrial, institutional, and residential common areas; and WHEREAS, public water suppliers are required to revise their ordinances, regulations, or policies by January 1, 2027, and communicate these changes to their customers to comply with the AB 1572 regulations; and
WHEREAS, under California Water Code Section 375, the City of San Jose has the authority to establish water conservation programs and prohibit wasteful uses of water; and
WHEREAS, the City of San Jose seeks to align its water use policies with state conservation mandates, reduce dependence on potable water, and promote sustainable landscaping practices;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
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Council Agenda: 10-27-2026
Item No.: 6.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SECTION 1. Part 1 of Chapter 15.10 of Title 15 of the San José Municipal Code is amended to read as follows:
Part 1
General Provisions
15.10.010 Purpose
The City of San José is dedicated to long-term water conservation to address the chronic water shortage, to protect the aquifers of the city, and to prevent land surface subsidence. Moreover, the city is subject to periodic droughts, a circumstance which requires the city council to take steps to protect the health, safety and general welfare of the public.
15.10.020 Definitions
The definitions set forth in this part shall govern the application and interpretation of this chapter.
15.10.030 Potable water
A. "Potable Water" means water of a quality which meets California State Water Resources Control Board requirements for water suitable for human consumption.
B. "Potable Water" does not include bottled drinking water; Reclaimed Water; recycled or so-called "graywater;" water brought into the County of Santa Clara by truck; Water from Dewatering Operations; Water Pollution Control Plant effluent; or water pumped for remediation purposes pursuant to a permit from the Santa Clara Valley Water District or the San Francisco Bay Regional Water Quality Control Board.
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Council Agenda: 10-27-2026
Item No.: 6.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
15.10.040 Graywater
"Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
15.10.045 Food service establishment
"Food service establishment" means a user that prepares and/or sells food for consumption either on or off the premises or washes utensils or dishes on premises, including, but not limited to, restaurants, sandwich shops, delicatessens, bakeries, cafeterias, markets, bed and breakfast inns, motels, hotels, meeting halls, caterers, retirement and nursing homes or pizzerias.
15.10.050 Reclaimed water
"Reclaimed water" means water which, as a result of treatment of domestic wastewater, or groundwater cleanup discharge, is suitable for direct beneficial use or a controlled use that would not otherwise occur.
15.10.060 Water from dewatering operations
"Water from dewatering operations" means water which is extracted from the ground or a sump to prevent the flooding of a building, structure, or excavation.
15.10.070 Syringing
"Syringing" means the watering of golf course greens, golf course tees, lawn bowling greens, or tennis greens, for a period not to exceed ten minutes per hour.
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Council Agenda: 10-27-2026
Item No.: 6.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
15.10.080 Landscape irrigation audit
"Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules.
15.10.090 Automatic positive self-closing valve
"Automatic positive self-closing valve" is a valve that requires a person using a hose to apply and maintain pressure at the outlet end of the hose to activate the flow of water.
15.10.095 Director
Except as otherwise explicitly stated, "director" means the director of the environmental services department.
15.10.100 Common Area
“Common Area” means that portion of a property that is not assigned or allocated to the exclusive use of the occupants of an individual unit within the property.
15.10.110 Common Interest Development
“Common Interest Development” has the same meaning as is set forth in California Civil Code Section 4100.
15.10.120 Community Service Organization
“Community Service Organization” means a tax-exempt nonprofit entity under Section 501(c)(3) of the Internal Revenue Code, other than an association, that is organized to provide services to residents of the Common Interest Development or to the public in addition to the residents, to the extent community Common Area or facilities are available to the public.
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Council Agenda: 10-27-2026
Item No.: 6.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
15.10.130 Community Space
“Community Space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.
15.10.140 Disadvantaged Community
“Disadvantaged Community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
15.10.150 Functional Turf
“Functional Turf” means a ground cover surface of turf located in a Recreational Use Area or Community Space.
15.10.160 Homeowner’s Association
“Homeowner’s Association” means a tax-exempt nonprofit entity under Section 501(c)(3) of the Internal Revenue Code or unincorporated association created for the purpose of managing a Common Interest Development.
15.10.170 Nonfunctional Turf
“Nonfunctional Turf” means any turf that is not Functional Turf such as turf located within street rights-of-way and parking lots, or turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly.
15.10.180 Recreational Use Area
“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.
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Council Agenda: 10-27-2026
Item No.: 6.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
15.10.190 State Water Board
“State Water Board” means the California State Water Resources Control Board.
SECTION 2. A new Part is added to Chapter 15.10 of Title 15 of the San José Municipal Code, to be numbered, entitled and to read as follows:
Part 5
PROHIBITION ON POTABLE WATER USE FOR NONFUNCTIONAL TURF
15.10.500 Purpose
The purpose of this Chapter is to implement California Water Code Section 10608.14, promote efficient water use, eliminate the irrigation of nonfunctional turf with potable water where required by state law, and provide for local administration and enforcement.
15.10.510 Water Use Regulations
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.
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Council Agenda: 10-27-2026
Item No.: 6.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 Disadvantaged 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 climateappropriate landscapes, whichever is later.
B. Compliance deadlines may be postponed or extended to the extent authorized by the California Water Code and applicable action by the State Water Board.
C. This Section shall be construed and implemented consistent with California Water Code section 10608.14, as it may be amended from time to time.
15.10.520 Exemptions
The prohibition on the use of Potable Water for irrigation of Nonfunctional Turf does not apply to the extent necessary to ensure the health of trees and other perennial non-turf plantings, or to address an immediate health and safety need.
15.10. 530 Administration
The City may issue administrative rules, guidelines, forms, and procedures consistent with California Water Code section 10608.14 and regulations adopted by the State Water Board to administer and enforce this Chapter.
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Council Agenda: 10-27-2026
Item No.: 6.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
15.10.540 Severability
If any section, subsection, or provision of this Chapter is held to be invalid, the remainder shall remain in full force and effect.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk