Section 996 - Urban Drought Response Actions(a) As used in this section:(1) "Commercial, industrial and institutional" refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests.(2) "Common interest development" has the same meaning as in section 4100 of the Civil Code.(3) "Community service organization or similar entity" has the same meaning as in section 4110 of the Civil Code.(4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.(5) "Non-functional turf" means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.(6) "Plant factor" has the same meaning as in section 491.(7) "Separate interest" has the same meaning as in section 4185 of the Civil Code.(8) "Turf" has the same meaning as in section 491.(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.(2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.(3) Notwithstanding subdivision (b)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.(c) The taking of any action prohibited in subdivision (b) 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.(d) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.Cal. Code Regs. Tit. 23, § 996
1. New section filed 6-10-2022 as an emergency; operative 6-10-2022 (Register 2022, 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 6-9-2023 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-5-2023 as an emergency, including amendment of section and NOTE; operative 6-5-2023 (Register 2023, 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 6-4-2024 or emergency language will be repealed by operation of law on the following day. Note: Authority cited: Section 1058.5, Water Code. Reference: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110 and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122 and 10608.12, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; and Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
1. New section filed 6-10-2022 as an emergency; operative 6/10/2022 (Register 2022, 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 6-9-2023 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-5-2023 as an emergency, including amendment of section and NOTE; operative 6/5/2023 (Register 2023, 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 6-4-2024 or emergency language will be repealed by operation of law on the following day.