California AB 1572, (2023), prohibits HOAs from using
potable (drinking) water to irrigate nonfunctional turf starting January 1,
2029. Nonfunctional turf is defined as decorative grass that is not used for
recreation, sports, community gatherings, or similar purposes.
The bill does not apply to: (a) single-family residential
lawns and (b) any HOA lawn that is genuinely used for recreation, gatherings,
play areas, dog exercise, picnics, or community events, allows irrigation necessary
to protect trees and other perennial plants or to address immediate health and
safety needs.
The Legislature found that irrigating decorative, unused
turf with drinking water is wasteful and inconsistent with California's
long-term water conservation and climate resilience goals. The law is intended
to reduce outdoor water consumption and encourage conversion to
drought-tolerant landscaping.
Our options are: (a) convert the affected grass areas to
drought-tolerant landscaping or (b) bring in recycled water. Either option will
likely require special assessments. While we can reasonably estimate conversion
costs, the exact cost of bringing recycled water to Mendocino is hard to
estimate as it depends on the proximity to the nearest recycled water source
and availability of grants or other financing, and may be in the hundreds of
thousands of dollars to cover trenching, pipe laying, connectivity, and
re-piping throughout the community.
Minimizing the financial shock will require careful
planning. California guidance specifically states that for detached
single-family homes, front yards immediately adjacent to homes are not
considered HOA common areas, even when the HOA maintains and irrigates them. AB
1572 generally does not apply to those areas. But our parkway strips and any
grass area not directly associated with a specific home and not used for
recreation or gatherings are likely to be affected. Those areas could no longer
be watered with drinking water beginning January 1, 2029 if they are considered
"nonfunctional turf."
Some California HOAs are already budgeting for landscape
conversions before 2029 because turf removal projects can be expensive,
although water-district rebates are often available. Some associations are
starting planning several years in advance.
The board will explore available options to find the best
solution, including:
a)
identifying the nearest recycled water access points;
b)
estimating the cost of switching to the recycled water;
c) working
with OMWD and government agencies to identify any available financing;
d)
consider applying for turf conversion rebates.
