SB-31 (McNerney) Water quality: recycled water.

Would require associations to use recycled water to irrigate common area landscape if recycled water is available.

Current Status: Pending

FindHOALaw Quick Summary:

Existing law regulating the use of recycled water prohibits the use of prescribed potable water by state and local agencies for any nonpotable uses, including cemeteries, golf courses, parks, and highway landscaped areas if prescribed recycled water is available, and deems use of the recycled water in lieu of the potable water to constitute a reasonable beneficial use of that water.

This bill would amend Water Code Section 13551 to add common areas of a residential community irrigated by a homeowners’ association as prohibited uses of potable water. The bill would provide that incidental amounts of spray, mist, or runoff to be permitted to enter outdoor eating areas of parks and open spaces when irrigated with disinfected tertiary treated recycled water that complies with a specified regulation regarding irrigation.

Existing law authorizes any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, to require the use of recycled water for irrigation of residential landscaping, as specified.

The bill would amend Water Code Section 13552.4 to provide that outdoor landscape irrigation of common areas operated by a homeowners association that does not enter the boundaries of a residence is not to be considered a part of the same premises as an individual residence and shall not be considered a dual plumbed system.

**SB-31 was amended April 21, 2025 to remove common areas of homeowners associations.

(a) A person or public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, shall not use water from any source of quality suitable for potable domestic use for nonpotable uses, including cemeteries, golf courses, parks, highway landscaped areas, common areas of a residential community irrigated by a homeowners’ association, and industrial and irrigation uses if suitable recycled water is available as provided in Section 13550.