Bill > S3398

Introduced Session

This bill would require each public water system (PWS) in the State to develop a service line inventory and a replacement plan for lead service lines that provides for the replacement of all lead service lines within 20 years, and would authorize an investor-owned PWS to recoup the costs of lead service line replacements by increasing the rates it charges to its customers. Specifically, the bill would require each PWS to submit an initial count of its lead service lines, and service lines of unknown composition to the Department of Environmental Protection (DEP) no later than 30 days after the bill's enactment. The bill would then require each PWS to submit an initial service line inventory to the DEP no later than six months after the bill's enactment. One year after the date of enactment, the bill would require PWSs to submit a more detailed service line inventory. Beginning two years after the bill's enactment, the bill would require PWSs to develop and submit to the DEP an updated service line inventory and a certification that the PWS is in compliance with the provisions of the bill. The bill would authorize the DEP to direct PWSs to excavate service lines, when necessary, to determine whether or not they contain lead. The bill would require a PWS, no later than 30 days after submitting its initial service line inventory to the DEP, to send written notice to each property owner and customer served by a lead service line or service line of unknown composition. The bill would also require landlords of multi-family dwellings that receive this notice to post it in the dwelling and to inform new tenants of the composition of the service line. No later than 12 months after the bill's enactment, the bill would require each PWS to submit to the DEP an initial plan for replacing all lead service lines within its service area. The plan would be required to provide for the annual replacement of at least seven percent of all lead service lines known to the PWS on the date it submits its initial plan to the DEP, and the replacement of all lead service lines within the PWS's service area no later than 20 years after the bill's enactment. The bill would require each PWS to update its replacement plan annually and make it consistent with the PWS's updated service line inventory. The bill would authorize investor-owned PWSs to recoup the costs of lead service line replacements by including a proposal for recoupment to the Board of Public Utilities (BPU) in a general rate case proceeding. The BPU would be required to consider the costs to customers before approving the proposal. The investor-owned PWS would be required to submit a petition to the BPU at its next general rate case proceeding, which contains certain specific information about the PWS's methods and costs, as enumerated in section 6 of the bill. The bill would require each PWS to submit a report to the DEP detailing the PWS's progress in replacing lead service lines in accordance with the provisions of the bill. A PWS that serves more than 3,300 customers would be required to make its report available on its Internet website. Finally, the bill would authorize the DEP and the BPU to adopt rules and regulations to implement the bill's provisions.

AI Summary

Committee Categories

Vin Gopal (D)*,  Linda Greenstein (D)*,  Troy Singleton (D)*,  Joe Lagana (D),  Nellie Pou (D),  Teresa Ruiz (D),  Shirley Turner (D), 

Substituted by A5343 (2R) (on 06/21/2021)

Official Document