HOUSE BILL 352
56th legislature - STATE OF NEW MEXICO - first session, 2023
Joanne J. Ferrary and Kathleen Cates and Susan K. Herrera and Cynthia Borrego and Tara L. Lujan
RELATING TO WATER; PROHIBITING THE INSTALLATION OF NONFUNCTIONAL TURF BY 2025; PROHIBITING THE USE OF POTABLE WATER TO IRRIGATE NONFUNCTIONAL TURF BEGINNING IN 2030; REQUIRING NONFUNCTIONAL TURF THAT IS REMOVED TO BE REPLACED WITH DROUGHT- AND CLIMATE-RESILIENT LANDSCAPING; PROVIDING FOR A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] NONFUNCTIONAL TURF--PROHIBITIONS ON INSTALLATION AND USING POTABLE WATER--PROVIDING PENALTIES.--
A. As used in this section:
(1) "drought- and climate-resilient landscaping" includes efficient irrigation systems, organic mulches, water harvesting, reuse systems, xeriscaping and trees and other plants that can rely solely on rainfall or withstand extended periods of dry weather once established;
(2) "large public water system" means a public water system that regularly serves at least five thousand individuals daily;
(3) "nonfunctional turf" means irrigated turf grass that has no recreational purpose or is primarily decorative, including turf in or around medians, roundabouts, parking lots, landscape strips between the sidewalk and the street, commercial properties and industrial properties;
(4) "public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year; and
(5) "residential property" means a property zoned for a single-family or multifamily dwelling, but does not include a common area of a homeowner association.
B. Nonfunctional turf shall not be installed on nonresidential properties on or after January 1, 2025.
C. On or after January 1, 2030, and in an area serviced by a large public water system, potable water shall not be used to irrigate nonfunctional turf on nonresidential property, and nonfunctional turf that is removed shall be replaced with drought- and climate-resilient landscaping.
D. Counties and municipalities, including home rule municipalities, shall enact ordinances to carry out the provisions of this section, including to expand upon the definition of "nonfunctional turf", and shall by ordinance prescribe a penalty for a violation of the provisions of this section.
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