SENATE, No. 4110

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 10, 2019

 


 

Sponsored by:

Senator  M. TERESA RUIZ

District 29 (Essex)

Senator  NELLIE POU

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Allows municipalities to adopt ordinance to enter properties to perform lead service line replacements.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning entry onto property to perform lead service line replacements and supplementing Title 58 of the Revised Statutes.

 

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

 

      1.   a.  A municipality may adopt an ordinance that allows the municipality, or any agent thereof, to enter a residential property to perform a lead service line replacement, provided that the municipality provides the residents of the property with notice at least 24 hours before entering the property.  A municipality may not enter into a part of the property that is not directly related to performing a lead service line replacement. 

     b.    For the purposes of this section, notice to the residents of the property shall include an attempt to inform the residents in person of the date and time of the lead service line replacement, and if a resident is unable to be reached in person, the municipality shall post a written notice in a prominent location on the property which shall include:

     (1)   the scheduled date and time of the lead service line replacement;

     (2)   the likely extent of water service disruption; and

     (3)   nearby locations where the municipality or a public water system is distributing supplementary drinking water, if any.

      c.    In addition to the notice requirements of subsection b. of this section, a municipality shall send the owner a certified letter after the completion of the replacement stating the approximate time that the replacement occurred, and providing a brief summary of the work performed. 

      d.   As used in this section, “service line” means the pipe, tubing, and fittings connecting a water main to a residential building.

 

      2.   This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would allow a municipality to adopt an ordinance that allows the municipality, or an agent thereof, to enter a residential property to perform a lead service line replacement after providing notice to residents at least 24 hours in advance of the replacement.  A municipality would not be permitted to enter into a part of the property that is not directly related to performing a lead service line replacement. 

     The bill requires that the municipality provide notice to the residents of the property 24 hours before entering, which would include an attempt to inform the residents in person of the date and time of the lead service line replacement.  If a resident is unable to be reached in person, the municipality would be required to post a written notice in a prominent location on the property which includes:

     (a)   the scheduled date and time of the lead service line replacement;

     (b)   the likely extent of water service disruption; and

     (c)   nearby locations where the municipality or a public water system is distributing supplementary drinking water, if any.

     In addition to the notice requirements, a municipality would be required to send the owner a certified letter after the completion of the replacement stating the approximate time that the replacement occurred, and providing a brief summary of the work performed.