REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Chris Davis, Senior Management Analyst
Subject:
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Approve for introduction Ordinance No. 4352 amending the Huntington Beach Municipal Code Chapter 14.18 relating to Water Shortage Contingency Response
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Statement of Issue:
Ordinance No. 4352 amends Chapter 14.18 of the Municipal Code relating to Water Shortage Contingency Response. Recent state regulations establish phased requirements for the prohibition on irrigation of non‑functional turf with potable water across various land‑use categories. These requirements support long‑term water conservation and ensure compliance with State Water Resources Control Board (SWRCB) standards.
Financial Impact:
No known financial impacts associated with the adoption of the Ordinance. Failure to adopt the Ordinance could result in fines of up to $1,000 per day beginning January 1, 2027.
Recommended Action:
recommendation
Approve for introduction Ordinance No. 4352, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 14.18 of the Huntington Beach Municipal Code Relating to Water Shortage Contingency Response.”
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Alternative Action(s):
Do not approve introduction of Ordinance No. 4352 and direct staff accordingly.
Analysis:
Submitted for City Council approval is Ordinance No. 4352, an Ordinance of the City Council of the City of Huntington Beach amending Chapter 14.18 of the Huntington Beach Municipal Code relating to Water Shortage Contingency Response.
Assembly Bill 1572 (AB 1572) requires that public water systems prohibit the use of potable (drinking) water for irrigating nonfunctional turf (NFT) on commercial, industrial, and institutional (CII) properties, homeowners' associations (HOAs), common interest developments (CIDs), and community service organizations.
AB 1572 defines, “nonfunctional turf” as any turf does not provide regular and beneficial human use. This includes turf located within street rights‑of‑way and parking lots. Functional turf is limited to areas that support active recreation, community gatherings, or organized play. Turf areas that are fenced, inaccessible, or maintained solely for appearance, decoration, or ease of maintenance are not functional.
To comply with California Water Code § 10608.14, public water suppliers must revise their ordinances, regulations, or policies by January 1, 2027, and notify customers of these changes. This ordinance provides the required policy updates to meet state law while offering optional provisions to enhance water conservation efforts. The continued irrigation of these areas with potable water is no longer considered a sustainable practice, particularly given the state’s ongoing efforts to reduce urban water demand, preserve critical water supplies, and save California’s water resources.
The legislation phases in a statewide prohibition on potable water use for NFT irrigation according to the following schedule:
• January 1, 2027: Applies to all properties owned by local governments, local or regional public agencies, and public water systems.
• January 1, 2028: Extends to all other institutional, commercial, and industrial properties, including those in disadvantaged communities.
• January 1, 2029: Applies to common areas of homeowners’ associations, common interest developments (CIDs), and community service organizations.
• January 1, 2031: Extends to public properties in disadvantaged communities, contingent on the availability of state funding for turf conversion programs.
In addition to the irrigation prohibition, AB 1572 requires public water systems to update their local ordinances, regulations, or policies by January 1, 2027, and communicate these requirements to their customers. Larger property owners, those with more than 5,000 square feet of irrigated area, will be required to certify their compliance with the State Water Resources Control Board beginning in 2030 and 2031, depending on their property type.
Given these requirements, the proposed ordinance is necessary to ensure compliance with state law, avoid potential enforcement penalties, and align with broader state and regional conservation goals.
Failure to comply could result in regulatory penalties and missed opportunities for state funding for turf replacement.
Non‑functional turf requirements do not apply to single‑family residential properties.
Commercial, industrial, and institutional properties, owners are prohibited from irrigating non function turf with potable water beginning January 1, 2028. Cemeteries are exempt from this requirement. Homeowners associations (HOAs) and other multifamily residential developments, are prohibited from irrigating non‑functional turf with potable water beginning January 1, 2029.
Beginning in 2030, all property owners with more than 5,000 square feet of irrigated landscape are required to certify compliance to the State Water Resources Control Board every three years.
This Ordinance includes the prohibition on Non Functional Turf to match the State Code. It also updates the definition of Non Functional Turf in the Huntington Beach Municipal Code. AB 1572 does not contain language requiring local agencies to enforce the prohibition.
The City will continue to provide public education on turf removal requirements and will coordinate with the Municipal Water District of Orange County (MWDOC) to promote available turf‑removal rebates. MWDOC currently has a Turf Removal Rebate program, providing a rebate of $2 per square foot of turf removed, pending funding availability. The program does require the inclusion of a sustainability feature to mitigate rainwater runoff. This partnership will support property owners in meeting regulatory deadlines and advancing citywide water‑use efficiency.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Ordinance No. 4352
2. Assembly Bill No. 1572
3. Power Point Presentation