Article 10.9. Water Recycling In Landscaping Act of California Government Code >> Division 1. >> Title 7. >> Chapter 3. >> Article 10.9.

This article shall be known and may be cited as the Water Recycling in Landscaping Act.

The Legislature finds and declares all of the following:
  (a) The waters of the state are of limited supply and are subject to ever-increasing demands.
  (b) The continuation of California's economic prosperity is dependent on adequate supplies of water being available for future uses.
  (c) It is the policy of the state to promote the efficient use of water through the development of water recycling facilities.
  (d) Landscape design, installation, and maintenance can and should be water efficient.
  (e) The use of potable domestic water for landscaped areas is considered a waste or unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution if recycled water is available that meets the conditions described in Section 13550 of the Water Code.

Unless the context requires otherwise, the definitions used in this section govern the construction of this article:
  (a) "Designated recycled water use area" means areas within the boundaries of the local agency that can or may in the future be served with recycled water in lieu of potable water and are so designated by the local agency.
  (b) "Local agency" means any city, county, or city and county.
  (c) "Recycled water producer" means any local public or private entity that produces recycled water in accordance with the conditions described in Section 13550 of the Water Code.

If a recycled water producer determines that within 10 years the recycled water producer will provide recycled water within the boundaries of a local agency that meets all of the conditions described in Section 13550 of the Water Code, the recycled water producer shall notify the local agency of that fact and shall identify in the notice the area that is eligible to receive the recycled water, and the necessary infrastructure that the recycled water producer or retail water supplier will provide to support delivery of the recycled water.

(a) Within 180 days of receipt of notification from a recycled water producer pursuant to Section 65604, the local agency shall adopt and enforce a recycled water ordinance pursuant to this article.
  (b) The ordinance shall include, but not be limited to, provisions that do all of the following:
  (1) State that it is the policy of the local agency that recycled water determined to be available pursuant to Section 13550 of the Water Code shall be used for nonpotable uses within the designated recycled water use area set forth by the local agency when the local agency determines that there is not an alternative higher or better use for the recycled water, its use is economically justified, and its use is financially and technically feasible for projects under consideration by the local agency.
  (2) Designate the areas within the boundaries of the local agency that can or may in the future use recycled water, including, but not limited to, existing urban areas in lieu of potable water.
  (3) Establish general rules and regulations governing the use and distribution of recycled water in accordance with applicable laws and regulations.
  (4) Establish that the use of the recycled water is determined to be available pursuant to Section 13550 of the Water Code in new industrial, commercial, or residential subdivisions located within the designated recycled water use areas for which a tentative map or parcel map is required pursuant to Section 66426. These provisions shall require a separate plumbing system to serve nonpotable uses in the common areas of the subdivision, including, but not limited to, golf courses, parks, greenbelts, landscaped streets, and landscaped medians. The separate plumbing system to serve nonpotable uses shall be independent of the plumbing system provided to serve domestic, residential, and other potable water uses in the subdivision.
  (5) Require that recycled water service shall not commence within the designated recycled water use area in any service area of a private utility, as defined in Section 1502 of the Public Utilities Code, or to any service area of a public agency retail water supplier that is not a local agency, as defined in subdivision (b) of Section 65603, except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier that shall be made available in a timely manner by the recycled water producer to the local agency adopting the ordinance pursuant to this article.

The recycled water ordinance adopted by a local agency pursuant to Section 65605 shall not apply to either of the following:
  (a) A tentative map as defined in Section 66424.5, or a development, as defined in Section 65927, that was approved by the local agency prior to the receipt of notification from a recycled water producer pursuant to Section 65604.
  (b) A subdivision map application that is deemed complete pursuant to Section 65943 prior to the local agency's receipt of a notice from a recycled water producer pursuant to Section 65604.

(a) This article shall not apply to any local agency that adopted a recycled water ordinance or other regulation requiring the use of recycled water in its jurisdiction prior to January 1, 2001.
  (b) This article does not alter any rights, remedies, or obligations that may exist pursuant to Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code.
  (c) This article does not alter any rights, remedies, or obligations that may exist pursuant to Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code.