REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF BOARD GOVERNED COUNTY SERVICE AREAS
AND RECORD OF ACTION
November 17, 2026
FROM
NOEL CASTILLO, Director, Department of Public Works - Special District
SUBJECT
Title
Introduction of Proposed Ordinance Relating to the Construction and Use of Public Water Systems for Various Board Governed County Service Areas and Zones
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of Board Governed County Service Areas and Zones:
1. Consider proposed ordinance relating to the Construction and Use of Public Water Systems.
2. Make alterations, if necessary, to proposed ordinance.
3. Approve introduction of proposed ordinance:
• An ordinance of San Bernardino County, State of California, acting as the governing body of all board-governed County Service Areas and their Zones to repeal Ordinance No. SD 82-1 and to add an uncodified ordinance relating to the construction and use of public water systems.
4. SCHEDULE ORDINANCE FOR FINAL ADOPTION ON TUESDAY, DECEMBER 15, 2026, on the Consent Calendar.
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Improve County Government Operations.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). Water districts in Board Governed County Service Areas (BGCSA) and their Zones are funded by water fees charged to customers based on usage. All costs associated with proposed ordinance requirements, including administration, compliance monitoring and investigation, and communications to water service customers, will be funded by fee revenue in each respective water district.
BACKGROUND INFORMATION
On February 15, 1982 (Item No. 33), the Board of Supervisors adopted Ordinance No. SD 82-1 to regulate the construction and use of public water system facilities within the BGCSA. Ordinance No. SD 82-1 established general water-service requirements, authorized rules and regulations governing public water system use, and provided administrative and enforcement procedures.
Assembly Bill (AB) 1572 became law on January 1, 2024, and amended the Water Code to impose a phased prohibition on the use of potable water to irrigate nonfunctional turf on specified commercial, industrial, institutional, public, and common-area properties. AB 1572 does not apply to residential properties or cemeteries. Nonfunctional turf is defined by AB 1572 as any turf that is not functional and includes turf located within street rights-of-way and parking lots. Functional turf is defined by AB 1572 as a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf. AB 1572 requires public water systems, such as the BGCSA, to revise their regulations, ordinances, or policies governing water service to incorporate the prohibition and communicate these requirements to their customers by January 1, 2027.
The proposed ordinance repeals Ordinance No. SD 82-1 and complies with AB 1572 to prohibit, by various statutory deadlines dependent on customer class as outlined below, the use of potable water furnished by the BGCSA to irrigate nonfunctional turf, except as expressly permitted by state law. The proposed ordinance also makes clerical updates to Ordinance 82-1, which was originally adopted in 1982, to reflect current County practices and clean-up minor drafting errors in the 1982 original ordinance.
AB 1572 provides the following statutory compliance schedule for various customer classes to stop using potable water to irrigate nonfunctional turf:
• January 1, 2027: For property owned by the California Department of General Services and for property owned by local governments, local or regional public agencies, and public water systems, except qualifying property in a disadvantaged community.
• January 1, 2028: For other institutional properties and commercial and industrial properties.
• January 1, 2029: For common areas of homeowners' associations, common interest developments, community service organizations, and similar entities.
• January 1, 2031 or the date state funding for conversion of nonfunctional turf becomes available, whichever is later, for qualifying public properties in disadvantaged communities.
These dates are subject to statutory revisions and any valid postponement granted by the State Water Resources Control Board.
The prohibition does not restrict the use of potable water to the extent necessary to maintain the health of trees and other perennial non turf plantings or to address an immediate health and safety need. It also does not prohibit potable water irrigation of functional turf used for recreation, athletics, school physical education, or civic or community activities. The proposed ordinance restricts irrigation with potable water; it does not require the physical removal of turf.
The proposed ordinance requires the BGCSA to communicate the requirements to its water service customers on or before January 1, 2027, and authorizes investigation and enforcement only to the extent permitted by applicable law. No new monetary penalty is established, and the amendment does not expand the penalties currently set forth in Ordinance No. SD 82-1 solely because of a violation of the nonfunctional turf provision. Any enforcement action affecting water service must comply with applicable notice, opportunity-to-contest, due-process, and service-protection requirements.
Adoption of the proposed ordinance will comply with AB 1572, provide customers with clear compliance requirements before the phased effective dates, and support the County's long-term water sustainability and water supply reliability goals by reducing the use of potable water for nonfunctional turf.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A. Curtis, Deputy County Counsel, 387-5455) on October 27, 2026; County Finance and Administration (Scott Bruckner, Administrative Analyst, 387-4020) on October 28, 2026.