A1652

An Act concerning lead in drinking water at institutions of higher education and supplementing Title 18A of the New Jersey Statutes.

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

1. a. Each institution of higher education shall undertake periodic testing of each drinking water outlet used at the institution for the presence of lead. Each test for lead shall be conducted by a laboratory certified for this purpose by the Department of Environmental Protection, and in accordance with the sampling and testing methods established and provided by the department. The initial tests for lead shall be conducted no later than 90 days after the effective date of this act and subsequent testing shall be conducted at least annually thereafter.

b. Within 30 days after completion of the testing required pursuant to subsection a. of this section, each institution of higher education shall:

(1) provide a copy of the test results to the Secretary of Higher Education and the Commissioner of Environmental Protection;

(2) post the test results on its Internet website; and

(3) notify students, faculty, and staff, electronically or in writing, of the test results, and the actions being taken to remediate drinking water outlets found to be contributing to an elevated lead level in drinking water.

c. (1) If testing conducted pursuant to subsection a. of this section reveals an elevated lead level at a drinking water outlet, the institution of higher education shall immediately close off access to that outlet and provide an alternate drinking water supply until such time as the lead level in the drinking water is tested to be below the standard therefore established by the United States Environmental Protection Agency, or the department, whichever is more stringent.

(2) Each institution of higher education shall identify each building at the institution that contains lead pipes, lead solder, or fixtures containing lead, and provide a list of the identified buildings to the Secretary of Higher Education. Each institution shall install a water filter or water treatment device certified to remove lead on each drinking water outlet in the identified buildings. The water filters or water treatment devices shall be maintained and replaced in accordance with the manufacturer’s recommendations for the filter or device to ensure they remain functional.

d. As used in this section:

“Department” means the Department of Environmental Protection.

“Drinking water outlet” means any water fountain, faucet, or tap regularly used for drinking or food preparation, including ice-making and hot drink machines.

“Elevated lead level” means a lead concentration in drinking water that exceeds the standard therefor established by the United States Environmental Protection Agency, or the department, whichever is more stringent.

2. This act shall take effect immediately.

STATEMENT

This bill would require institutions of higher education to test for lead in drinking water annually, report the test results, and install lead filters or treatment devices.

Specifically, under the bill, each institution of higher education in the State would be required to test each drinking water outlet used at the institution for the presence of lead no later than 90 days after the effective date of the act, and repeat the testing at least once annually. The testing would have to be conducted by a laboratory certified for this purpose by the Department of Environmental Protection (DEP) and in accordance with the sampling and testing methods provided by the DEP. Within 30 days after completion of the testing, each institution of higher education would be required to: 1) provide a copy of the test results to the Secretary of Higher Education and the Commissioner of Environmental Protection; 2) post the test results on its Internet website; and 3) notify students, faculty, and staff, electronically or in writing, of the test results and the actions being taken to remediate any lead issues.

Under the bill, if testing reveals an elevated lead level at a drinking water outlet, the institution of higher education must immediately close off access to the outlet and provide an alternate source of drinking water until such time as the lead level in the drinking water is tested to be below the federal or State standard for lead in drinking water, whichever is more stringent. In addition, each institution would be required to identify each building at the institution that contains lead pipes, lead solder, or fixtures containing lead, and provide a list of the identified buildings to the Secretary of Higher Education. Each institution would be required to install a water filter or water treatment device on each drinking water outlet in the identified buildings, and maintain those devices appropriately.