Ban on Drinking Water for Turf Irrigation Approaches

California is addressing water scarcity with Assembly Bill 1572, signed in October 2023. The legislation bans drinking water for irrigating non-functional turf (NFT) on various non-residential properties with compliance deadlines starting January 1, 2027.

The legislation aims to protect drinking water supplies amid ongoing drought and environmental change. It classifies potable water use for NFT as “wasteful and incompatible” with state policies on water conservation. This policy shift responds to drought challenges, particularly from 2020 to 2022, and follows similar actions in other states like Nevada.

Non-functional turf (NFT) is decorative grass without practical use, such as grass in street rights-of-way, medians, or unused patches around buildings. The Coachella Valley Water District suggests that if grass is only walked on to mow, it’s likely NFT.

Functional turf is ground cover in designated recreational or community spaces exempt from irrigation bans. This includes sports fields, parks, picnic areas, cemeteries and sites for community events.

Notably, turf that is permanently fenced or restricted from access is not considered functional. Property managers at HOAs and corporate campuses can reclassify underused lawns as functional by hosting community events to avoid conversion costs.

An underutilized lawn is typically non-functional unless proven to be regularly used as a community space.

Who & What is Affected?

AB 1572 prohibitions specifically target non-residential properties for potable water use in NFT irrigation, such as:

1. Commercial, Industrial, & Institutional (CII) properties: This includes corporate campuses, industrial parks, retail centers, hospitals, churches and private schools.

2. State & local government properties: Publicly owned facilities are a key focus.

3. Homeowner Association: Applies to common areas in HOAs, mobile home parks and senior communities.

Properties exempt from the ban include:

1. Residential landscapes: Lawns and yards at single-family and multi-family homes, even within an HOA.

2. Turf irrigated with recycled water: The law only restricts potable water use, allowing those using recycled or non-potable sources to irrigate.

3. Tree & Plant Health: Potable water use for tree and perennial plant health is permitted.

4. Health & Safety: Exemptions for public health or safety risks can be granted.

5. Hardship: A period of up to three years can be granted for properties demonstrating hardship in compliance.

Compliance Timeline

AB 1572 outlines a phased schedule for property owners to transition away from NFT irrigation with potable water:

1. January 1, 2027: State and local government properties.

2. January 1, 2028: Commercial, industrial and institutional (CII) properties, including business parks and hospitals.

3. January 1, 2029: Common areas of Homeowners Associations (HOAs) and similar developments.

4. January 1, 2031: Local government facilities in disadvantaged communities and dependent on state financial help.

Also, properties over 5,000 square feet must self-certify compliance every three years, with initial certifications due by June 30, 2030, for CII properties and June 30, 2031, for HOA areas.

Costs, Rebates, & ROI

Complying with AB 1572 requires capital investment in landscape transformation, from removal to cleanup and installation.

The first phase includes turf removal at $0.88 to $2.00 per square foot, plus $0.25 to $0.50 for debris disposal, and site preparation costing another $1.00 to $2.00 per square foot. While DIY removal may work for smaller residential projects, it isn’t feasible for larger CII and HOA areas.

The most variable cost is installing water-wise landscape alternatives, such as xeriscaping, which ranges from $5.00 to $20.00 per square foot for professional design and installation. Property managers can opt for a “minimal compliance” approach ($5-$8 per square foot) or a “premium aesthetic” approach ($15-$20+ per square foot).

Upgrading the irrigation system is often mandatory for rebate programs, with new systems costing $1,700 to $3,600 for typical residential yards. Protecting mature trees requires retrofitting irrigation at about $100 per tree.

While artificial turf saves water, it is ineligible for most Southern California turf replacement rebate programs, resulting in full installation costs of around $15 per square foot.

Southern California water agencies, led by the Metropolitan Water District (MWD), provide turf replacement rebate programs, with MWD offering up to $4 per square foot and a $100 bonus per new tree as of July 2024, alongside enhanced rebates from agencies like LADWP and additional support from SDCWA and MWDOC.

To qualify, property owners must secure a formal notice to proceed before starting any work, as projects already in progress or completed are ineligible for these rebates.

Conversion projects often pay back in less than 10 years, with properties reducing outdoor water use by 40% to 70%. For example, a project in Santa Monica achieved an 83% reduction in water use, which can result in savings of up to $15,000 annually for some commercial properties.

Xeriscapes also require less maintenance than traditional lawns, with case studies showing a 20-40% reduction in maintenance costs. Operational savings contribute to the project’s ROI, especially against rising water costs.

As deadlines approach, demand for landscape professionals is expected to rise. Early action can secure better pricing and service options.

Non-compliance can lead to civil liability, with fines of up to $500 per day, potentially matching a $25,000 conversion cost in just 50 days. The State Water Resources Control Board (SWRCB) is responsible for enforcement, but local urban water suppliers can also enforce the law within their areas.

The potential for water savings is substantial. The Los Angeles Times notes that 51,000 of the 218,000 acres served by the Metropolitan Water District of Southern California are non-functional turf. Replacing this grass could cut regional water use by about 10%. Individual properties can reduce outdoor water use by 40% to 60%, with some achieving an 83% reduction.

Strategy to Compliance

1. Assess & Audit: Property managers and HOAs should inventory turf areas, classify them, and identify mature trees needing special irrigation. Consulting landscape architects or certified water managers is advisable, and some water agencies offer free consultations.

2. Plan & Budget: Develop a landscape design featuring drought-tolerant plants, mulch, hardscape and a detailed irrigation retrofit plan, including dedicated tree drip systems (about $100 each).

3. Rebate Pre-Approval: Identify your water agency and submit a rebate application with the landscape plan, property details and a recent water bill. It’s crucial to wait for the “Notice to Proceed” before starting any work to avoid disqualification from the rebate.

4. Execution: Hire licensed landscape contractors experienced in water-wise conversions. Complete the project within the rebate program’s time frame (usually 180 days), and document photos and receipts.

5. Certify Compliance: Submit the final paperwork and documentation through the rebate portal. The water agency may verify compliance with a site visit. Properties over 5,000 square feet must be certified to the SWRCB every three years, starting in 2030 for CII properties and 2031 for HOAs.

For any inquiries or further information, please contact Jose Cervantes at JoseC.Press@pm.me