Non-Functional Turf Ban – Compliance Deadlines and Action Steps for Public Water Systems, Public Agencies and Certain Property Owners

Beginning on January 1, 2027, California law will prohibit irrigating certain “non-functional turf” with potable water. The law, Assembly Bill 1572 (AB 1572) requires public water systems to adopt or revise their water service rules (e.g., an ordinance, policy, or regulations) to implement the ban and to communicate the requirements to customers on or before January 2027. 

AB 1572 was enacted in 2023 and prohibits the use of potable water to irrigate non-functional turf, with phased compliance dates depending on property type. “Non-functional turf” is defined as any turf that is not functional turf, which is limited to recreational use areas or community spaces.

The statute also provides that non-functional turf includes turf in street rights-of-way and parking lots, as well as turf that is permanently fenced or otherwise permanently inaccessible for recreation or community gathering. AB 1572 includes limited exceptions, such as where potable irrigation is necessary to protect trees and other perennial non-turf plantings or to address an immediate health and safety need.

Key Deadlines

AB 1572 phases in the potable-water prohibition by property type:

• January 1, 2027 – Properties owned by local governments, local or regional public agencies and public water systems, except those located in disadvantaged communities.
• January 1, 2028 – Commercial, industrial and institutional properties.
• January 1, 2029 – Common areas in Homeowners Associations (HOA), common interest developments and certain community service organizations.

Local governments, local or regional public agencies and other property owners subject to the non-functional turn ban should take note of their respective compliance deadlines. In addition, to ensure compliance with AB 1572, property owners should begin planning efforts for turf conversion or the use of non-potable water for irrigation. However, for properties owned by local governments, local public agencies or public water systems located in a disadvantaged community, the compliance deadline is January 1, 2031, or when state funding is available for conversion — whichever is later.

Residential customers may continue to use potable water for turf irrigation.

AB 1572 requires public water systems to take two concrete steps by January 1, 2027: (1) adopt or revise their ordinances, policies or regulations to incorporate AB 1572’s requirements; and (2) communicate those requirements to customers on or before that date. If the agency is an urban retail water supplier, it must submit its AB 1572-compliant ordinance, policy or regulations to the State Water Resources Control Board. This submission is required as part of the reporting requirements under the “Making Conservation a California Way of Life” regulation.

Enforcement

AB 1572 authorizes public water systems, as well as cities and counties to enforce the new restrictions. The law includes a coordination mechanism intended to avoid duplicative enforcement. Before a city or county initiates an enforcement action against a customer served by a retail public water system, it must provide notice to that system.

Recommendations for Public Water Systems

• Adopt and publish a compliant ordinance, regulation, or policy ahead of the January 1, 2027, deadline.
• Develop a customer communication plan that clearly explains (1) what turf is covered and (2) the phased deadlines by property type. California Water Efficiency Partnership (CalWEP) has developed a customer-facing website to assist with compliance at NonFunctionalTurfCA.org.
• Coordinate with city and county partners regarding enforcement roles and a process that avoids duplicative actions.
• Develop internal documentation to support consistent field decisions.

Recommendations for Local Governments, Other Local or Regional Agencies, and Other Property Owners

• Note the applicable compliance deadline for non-functional turf located on your properties and begin planning for turf conversion or other alternative compliance measures.

Contact your BBK attorney or the authors of this alert for assistance with AB 1572 compliance.

Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation, or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.