Bill > S3392

Introduced Session

This bill would require public water systems (PWSs) to develop lead service line inventories and schedules for the replacement of lead service lines in their distribution systems. Specifically, within 18 months after the effective date of the bill, each PWS in the State would be required to compile, and submit to the Department of Environmental Protection (DEP), an inventory of known lead service lines in use in its distribution system. In compiling the lead service line inventory, the PWS would be required to make a reasonable effort to determine the existence or absence of a lead service line at each service connection in the distribution system. The DEP would publish guidance on its Internet website to assist PWSs in compiling lead service line inventories. PWSs would be required to make their inventories available, upon request, and at no cost, to State and local government officials and residents served by the PWS. Within 90 days after submission of its lead service line inventory to the DEP, a PWS would be required to send to each customer that is served by a lead service line a notice of the existence of the lead service line serving the customer's property. The notice would include, but not be limited to, information about the sources of lead in drinking water, including lead service lines, the health effects of lead, and steps customers can take to reduce their exposure to lead in drinking water. Under the bill, if a PWS determines that a customer in its distribution system is served by a lead service line, the PWS would be required to: (1) in the case of a lead service line that is owned by the PWS, replace the entire lead service line at the PWS's expense; (2) in the case of a lead service line that is owned by the customer, offer to replace the entire lead service line, at the customer's expense; or (3) in the case of a lead service line that is owned by both the PWS and the customer, replace the entire lead service line, provided the customer agrees to pay the customer's proportionate share of the cost of replacement. A PWS would not be required to pay the cost of replacing the customer's portion of a lead service line, or to replace a lead service line where the customer chooses not to pay the customer's proportionate share of the cost of replacement. A PWS would be prohibited from conducting a partial lead service line replacement. A PWS would also be required to make a reasonable effort to obtain any State or federal financial assistance that may be available for lead service line replacements, and prioritize low-income households in the disbursement of any State funds. Under the bill, within one year after submission of its lead service line inventory, each PWS would be required to submit to the DEP a schedule for the replacement of known lead service lines in use in its distribution system for the DEP's approval. The DEP would have the authority to establish requirements for the number or percentage of lead service lines that must be replaced annually. Finally, no later than December 31 of each year, a PWS would be required to submit to the DEP, and publish on its Internet website, a report on the PWS's progress in replacing lead service lines under this bill.

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Nilsa Cruz-Perez (D)*,  Linda Greenstein (D)*, 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/24/2019)