A4772 1R

An Act concerning information on lead in drinking water and supplementing ¹[P.L.1977, c.224 (C.58:12A-1 et seq.)] Title 58 of the Revised Statutes¹ .

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “Lead Education, Accountability, and Disclosure Act.”

2. As used in this act:

“Department” means the Department of Environmental Protection.

“New customer” means any residential, commercial, or institutional customer who connects, reconnects, or establishes new water service with, the public water system after the effective date of this act.

“Public water system” means the same as that term is defined in section 3 of P.L.1977, c.224 (C.58:12A-3).

“Service line” means the pipe, tubing, and fittings connecting a water main to an individual water meter or service connection.

3. a. The owner or operator of each public water system required to prepare a Consumer Confidence Report pursuant to the “Safe Drinking Water Act Amendments of 1996,” 42 U.S.C. s.300f et al., shall include in the report additional information on the possible sources of lead in drinking water, including, but not limited to ¹[,] :¹ lead service lines, pipes, and fixtures; the health effects of lead in drinking water; and measures a customer can take to reduce or eliminate lead in ¹[tap] drinking¹ water.

b. No later than 90 days after the effective date of this act, the department shall publish in the New Jersey Register the additional information required to be included in the Consumer Confidence Report pursuant to this section.

c. The provisions of this section shall apply to the first Consumer Confidence Report required to be prepared after the department publishes the information required pursuant to subsection b. of this section, and to each report ¹prepared¹ thereafter.

4. a. No later than 90 days after beginning water service to a new customer, the owner or operator of a public water system shall send the ¹new¹ customer a notice, in writing, containing information on the possible sources of lead in drinking water, including, but not limited to ¹[,] :¹ lead service lines, pipes, and fixtures; the health effects of lead in drinking water; and measures ¹[the] a¹ customer can take to reduce or eliminate lead in ¹[tap] drinking¹ water. If the public water system provides for, and the ¹new¹ customer has requested, the ability to receive or access water bills in electronic format, the public water system shall also send the notice required pursuant to this subsection in electronic format.

b. No later than 90 days after the effective date of this act, the department shall publish in the New Jersey Register the form and manner of the notice required pursuant to subsection a. of this section, and the specific information to be included in the notice.

c. If a public water system serves a municipality in which the primary language of 10 percent or more of the residents is a language other than English, the owner or operator of the public water system shall provide the notice required pursuant to subsection a. of this section in both English and the other language to the new customer.

d. The owner or operator of a public water system shall not be required to ¹[comply with the provisions] provide the notice required pursuant to subsection a.¹ of this section until the department has published the information required pursuant to subsection b. of this section.

5. a. At least 48 hours prior to commencing any construction, maintenance, repair, or replacement of any lead service line or lead water main, the owner or operator of a public water system shall provide a written notice, in a form and manner as determined by the department pursuant to subsection b. of this section, to ¹all residential, commercial, and institutional customers and¹ residents served by the lead service line or lead water main. ¹In the case of emergency maintenance, repair, or replacement of a lead service line or lead water main, the notice required pursuant to this section shall be provided as soon as may be practicable, and the emergency work may be commenced notwithstanding the provision of this subsection to the contrary concerning prior notice.¹

The notice shall include, but need not be limited to:

(1) notification that the planned construction, maintenance, repair, or replacement may loosen lead-containing particles in the water distribution system and temporarily increase lead levels in the water supply;

(2) the estimated length of time that lead levels may remain elevated, as determined by the department;

(3) general information on the possible sources of lead in drinking water, and the health effects of consuming lead-contaminated water;

(4) measures residents can take to reduce or eliminate their exposure to lead in drinking water, including, but not limited to, flushing water lines during and after completion of the work, removing and cleaning faucet aerator screens, and installing a water filter or water treatment device certified to remove lead in drinking water; and

(5) a recommendation that any lead service line serving the property be fully replaced, if it is not already being fully replaced, and a list of available resources to assist the property owner in conducting a full lead service line replacement.

6. This act shall take effect immediately.