The Fullerton City Council voted 5-0 on October 20 to approve Ordinance No. 3360, which amends the city’s municipal code to put in place a state ban on using drinking water to irrigate nonfunctional turf. The ordinance brings the city into compliance with California Water Code section 10608.14, created by Assembly Bill 1572. City staff told the council the state law is meant to support long-term water resiliency and help California use its limited water supply more efficiently in the face of future droughts and climate change.

The law prohibits using potable water to irrigate nonfunctional turf on commercial, industrial and institutional properties, and it is being phased in over several years. Staff noted that the law does not currently apply to single-family or multifamily homes.

What counts as nonfunctional turf?

Under the regulation, functional turf is grass in recreational or community areas that people actually use for activities such as sports, play or picnics. Nonfunctional turf is grass that is not used for recreation, such as grass in rights-of-way or parking lots. Staff summed up the difference this way: nonfunctional turf is grass that, in practice, only a landscaper walks on to mow. Exemptions include grass around trees that must be watered to keep the trees healthy, cemeteries, and areas needed for public health and safety.

According to staff, the requirements take effect in three stages:

• – Jan. 1, 2027: Properties owned by local government agencies
• – Jan. 1, 2028: Commercial, industrial and institutional customers
• – Jan. 1, 2029: Common areas in homeowners association communities

Staff noted that the rules apply to potable water, and that the situation would be different if the city had recycled water available.

Why a local ordinance?

State law requires the city to incorporate the regulation into its ordinances or policies. It also requires the city to notify affected customers before each phase begins and to include enforcement provisions. Staff said adding the rules to the municipal code gives Fullerton control over how the law is enforced locally. Staff said the city intends to work with customers to address their concerns, help them comply as soon as possible, and point them to resources for replacing nonfunctional turf with drought-tolerant or other landscaping. The ordinance amends Section 12.06.060 of the municipal code, which contains the city’s permanent water conservation requirements and existing enforcement language. It also amends Section 12.06.020 to update definitions.

Council member Dr. Shana Charles asked staff to clarify how the law would affect homeowners. Staff said the 2029 phase applies only to HOA common areas, such as a grassy corner not part of any home’s lot, not to the lawns in front of individual homes. Staff confirmed that single-family homes without an HOA would not be affected.

Item passed unanimously.