ASSEMBLY, No. 1348
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Co-Sponsored by:
Assemblywomen Pinkin, Jimenez and Assemblyman Wimberly
SYNOPSIS
Requires boil water notices to be provided by certain public water systems via telephone, email or text message.
CURRENT VERSION OF TEXT
As amended by the General Assembly on June 16, 2014.
An Act concerning boil water notices and supplementing the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Whenever any public water system experiences an emergency or other condition that requires the issuance of a boil water notice, the owner or operator shall provide notice to 1[the public] its affected customers1 that a boil water notice is in effect. The owner or operator of the public water system shall notify 1[the public] its affected customers1 of the boil water notice as soon as possible, but in no case later than 24 hours after the public water system learns of the emergency or other condition.
b. (1) Commencing on the 90th day after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the owner or operator of the public water system shall notify its customers of a boil water notice via the preferred means of contact of each customer of the public water system 1made available to customers by the owner or operator1 , in addition to any other notice required by State or federal law. If a customer does not return the solicitation provided for in paragraph (2) of this subsection or otherwise specify a preferred means of contact, and the public water system has a telephone number on file for the account, the owner or operator of the public water system shall 1attempt to1 notify the customer of a boil water notice via telephone 1or other means of direct contact, at the discretion of the owner or operator1 . The public water system shall also post notice of the boil water notice on any website that the public water system maintains for the public or its customers.
(2) Within 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the owner or operator of the public water system shall include in the water bills issued by the system for each customer a solicitation for the customer's preferred means of contact 1, from those options made available to customers by the owner or operator1 . 1[The solicitation shall request a customer to (a) identify the preference for a telephone call, electronic mail, or text message, and (b) specify one telephone number or one electronic mail address as the customer’s preferred means of contact.]1 If the system issues its water bills less frequently than every two months, the solicitation shall be included in the bill next issued following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). It shall be the responsibility of the customer to notify the owner or operator of the public water system of a change in the preferred method of contact provided pursuant to this paragraph. A public water system shall have or acquire the capability to notify its customers of a boil water notice by 1direct contact, which may include1 telephone, electronic mail, 1[and] or1 text message.
c. The notice provided pursuant to this section shall contain the name of the public water system affected, the geographical area affected, the date of the occurrence giving rise to the boil water notice, the consumer corrective measures to be taken, and a telephone number where customers may reach an appropriate party to address questions or other concerns about the boil water notice or the situation necessitating issuance of the notice.
d. The owner or operator of the public water system shall be responsible for rescission of the boil water notice. Notice of the rescission of a boil water notice shall be provided in the manner prescribed for notice in paragraph (1) of subsection b. of this section.
e. As used in this section:
"Boil water notice" means a Tier 1 Public Notice required pursuant to the United States Environmental Protection Agency’s National Primary Drinking Water Regulations at Section 141, subpart Q of title 40, Code of Federal Regulations.
"Public transient noncommunity water system" means a public water system that is not a public community water system or a public nontransient noncommunity water system and that serves at least 25 transient individuals for at least 60 days in any given calendar year.
"Public water system" means the same as the term is defined in section 3 of P.L.1977, c.224 (C.58:12A-3), except that it shall not include a public transient noncommunity water system.
2. This act shall take effect immediately.