Bill > S253

Introduced Session

This bill requires a public water system (PWS) to develop a lead service line inventory and schedule for the replacement of lead service lines in its distribution system. Current law defines a PWS as a system providing the public with potable water if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Specifically, within 18 months after the effective date of the bill, each PWS in the State is 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 is 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 is to publish guidance on its Internet website to assist a PWS in compiling its lead service line inventory. A PWS is required to make its inventory available upon request and at no cost to State and local government officials served by the PWS, and to publish its inventory on its Internet website. Within 90 days after submission of its lead service line inventory to the DEP, the bill requires a PWS to send to each customer and, if a landlord-tenant relationship is known, to both the landlord and each head of household tenant of a property 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 is to include information about the sources of lead in drinking water, including lead service lines and household plumbing, the health effects of lead exposure, 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 is to be required to replace the entire lead service line. A PWS is prohibited from conducting a partial lead service line replacement, except upon the DEP's approval for a situation in which there are emergent public health risks. A PWS that undertakes the replacement of a lead service line is to first provide notice of the planned replacement to the property owner served by a lead service line. The property owner and any head of household tenant is required to provide the PWS with reasonable access to the property to undertake that replacement. To assist a PWS finance or reduce its lead service line replacement costs and before recouping those costs from its customers, the bill requires a PWS to make a reasonable effort to obtain grants, low interest loans, or other financial assistance that may be available from the State or federal government, including, but not limited to, the New Jersey Infrastructure Bank. The bill allows a PWS to assess to all of its customers 25 percent of the costs of replacing lead service lines and establishes a process by which a PWS is to submit a cost reimbursement plan to either the Board of Public Utilities for a private utility, or the Director of Local Government Services in the Department of Community Affairs for a government utility, prior to plan approval. The remaining 75 percent of the costs are to come from existing resources of the PWS. The PWS's plan is to address: 1) the availability of grants or low interest loans and how the PWS plans to use that financing to help the PWS finance or reduce the lead service line replacement costs; 2) a description of how the replacement of lead service lines will be accomplished in conjunction with other PWS distribution system replacement projects; 3) the estimated savings in costs per lead service line that would be realized by the PWS replacing a customer-owned portion of a lead service line versus the anticipated replacement costs if a customer was required to replace the customer-owned portion of a lead service line; 4) the PWS's proposal for addressing the costs of site restoration work necessitated by structures or improvements located within the PWS's distribution system used to connect with the customer-owned portion of lead service lines; 5) the PWS's proposal for communicating with a customer the PWS's plan to replace the lead service line and documenting the customer's consent or lack of consent to have the PWS replace the customer-owned portion of a lead service line; and 6) the estimated total cost to replace all customer-owned portions of lead service lines within or connected to the PWS's distribution system and an estimated range for the annual cost to be incurred by the PWS under their lead service line replacement plan. Under the bill, within one year after submission of its lead service line inventory, each PWS is 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, provided that at least 10 percent of all known lead service lines are to be replaced by the PWS annually and that all known lead service lines are to be replaced by the PWS within 10 years from the date of that submission, except that a PWS may apply to the DEP for a reasonable extension of these deadlines if the PWS adequately demonstrates that it is warranted due to the need to prioritize a non-lead public health risk within the system. Further, no later than December 31 of each year, a PWS is required to submit to the DEP and publish on its Internet website a report detailing the PWS's progress in replacing lead service lines as required under the bill. Once the DEP determines that a PWS has completed the replacement of all lead service lines within the PWS's service area, the PWS is no longer required to submit the report.

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Linda Greenstein (D)*,  Troy Singleton (D)*, 

Referred to Senate Budget and Appropriations Committee (on 01/27/2020)

Official Document