Section 864 - End-User Requirements in Promotion of Water Conservation(a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;(2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;(3) The application of potable water to driveways and sidewalks;(4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;(5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall;(6) The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased;(7) The irrigation with potable water of ornamental turf on public street medians; and(8) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.(b) To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.(c) Upon this subdivision taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to section 864.5 or 865 of this article, shall either: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or(2) Target potable water use reductions commensurate with those required of the nearest urban water supplier under section 864.5 or, if applicable, section 865. Where this option is chosen, these properties shall implement the reductions on or before July 1, 2016.(d) The taking of any action prohibited in subdivision (a) or (e), or the failure to take any action required in subdivision (b) or (c) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.(e)(1) To prevent the waste and unreasonable use of water and to promote water conservation, any homeowners' association or community service organization or similar entity is prohibited from: (A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivision (a) of the Civil Code; or(B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code.(2) As used in this subdivision:(A) "Architectural or landscaping guidelines or policies" includes any formal or informal rules other than the governing documents of a common interest development.(B) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.(C) "Common interest development" has the same meaning as in section 4100 of the Civil Code.(D) "Community service organization or similar entity" has the same meaning as in section 4110 of the Civil Code.(E) "Governing documents" has the same meaning as in section 4150 of the Civil Code.(F) "Separate interest" has the same meaning as in section 4185 of the Civil Code.(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (e)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.Cal. Code Regs. Tit. 23, § 864
Note: Authority cited: Section 1058.5, Water Code. Reference: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185 and 4735, Civil Code; Sections 102, 104, 105, 275, 350 and 10617, Water Code; and Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
1. New section filed 7-28-2014 as an emergency; operative 7/28/2014 (Register 2014, No. 31). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 4-24-2015 or emergency language will be repealed by operation of law on the following day.
3. New section refiled (with further amendments to section and Note) 5-18-2015 as an emergency; operative 5/18/2015 (Register 2015, No. 21). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 2-12-2016 or emergency language will be repealed by operation of law on the following day.
4. New section refiled (with further amendments to section and Note) 2-11-2016 as an emergency; operative 2-11-2016 (Register 2016, No. 7). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 11-7-2016 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-31-2016 as an emergency, including amendment of subsection (c) and repealer and new subsection (c)(2); operative 5/31/2016 (Register 2016, No. 23). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 2-27-2017 or emergency language will be repealed by operation of law on the following day.