S4468 1R

An Act concerning the presences of perfluoroalkyl and polyfluoroalkyl substances in drinking water and supplementing P.L.1977, c.224 (C.58:12A-1).

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

1. As used in this act:

“EPA” means the United States Environmental Protection Agency.

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means the same as that term is defined in section 3 of P.L.2025, c.202 ¹(C.56:3-55)¹ .

2. a. No later than ¹[12 months after the effective date of this act,] April 26, 2029,¹ the department shall adopt drinking water standards for PFAS that are ¹[consistent with] no less stringent than¹ the EPA’s National Primary Drinking Water Regulations promulgated under the federal “Safe Drinking Water Act,” (42 U.S.C. s.300f et seq.), as in effect on January 1, 2026. The maximum contaminant levels adopted shall be as follows:

(1) 4.0 parts per trillion for ¹[maximumperfluorooctanoic] perfluorooctanoic¹ acid (PFOA);

(2) 4.0 parts per trillion for ¹[perfluorooctane sulfonic] perfluorooctanesulfonic¹ acid (PFOS);

(3) 10 parts per trillion for perfluorohexanesulfonic acid (PFHxS);

(4) 10 parts per trillion for perfluorononanoic acid (PFNA); and

(5) 10 parts per trillion for hexafluoropropylene oxide dimer acid (HFPO-DA).

b. In adopting the drinking water standards pursuant to subsection a. of this section, the department shall also establish ¹a¹ hazard index ¹[requirements] of one for the PFAS listed in subsection a. of this section and¹ for ¹any¹ other regulated PFAS compounds that are identified in EPA’s National Primary Drinking Water Regulations promulgated under the federal “Safe Drinking Water Act,” (42 U.S.C. s.300f et seq.) ¹, as in effect on January 1, 2026.

c. In addition to the requirements of subsection a. of this section, the department may adopt a maximum contaminant level for a PFAS not listed in subsection a. of this section, a class of PFAS, or a total PFAS limit.

d. The department shall establish provisions concerning case-by-case variances, and monitoring and public notice requirements for public community water systems, concerning the maximum contaminant levels established pursuant to this section, consistent with the provisions of the “Safe Drinking Water Act,” P.L.1977, c.224 (C.58:12A-1 et seq.) and the rules and regulations adopted pursuant thereto.

e. The maximum contaminant levels established pursuant to this section shall be enforced even if the United States Environmental Protection Agency establishes less stringent maximum contaminant levels, or abolishes the federal maximum contaminant levels. In the event that the United States Environmental Protection Agency establishes more stringent maximum contaminant levels, the federal levels shall take precedence over those established pursuant to this section.

f. Any existing maximum contaminant levels for the PFAS listed in subsection a. of this section, which are in effect on the effective date of this act, shall remain in effect until the department adopts the maximum contaminant levels enumerated in subsection a. of this section.

g. The provisions of this act shall not be construed to abrogate or modify the duties or authority of the Drinking Water Quality Institute pursuant to section 10 of P.L.1983, c.443 (C.58:12A-20) or any other law¹ .

3. a. No later than 12 months after the effective date of this act, the department shall establish and implement a “Private Well Testing Program” for the purpose of improving access to, and providing financial assistance for, the testing of private wells for PFAS in the State. ¹In implementing the program, the department may collaborate with municipalities, local health departments, nonprofit community-based organizations, and other appropriate entities to provide outreach, education, testing coordination, and assistance to private well owners.¹ In implementing the program, the department shall, at a minimum:

(1) identify households or other buildings within the State that have private wells that require testing for PFAS and offer testing for PFAS of those private wells;

(2) provide financial assistance for the testing of private wells for PFAS;

(3) develop educational materials concerning PFAS contamination in drinking water, including effective methods to remediate PFAS contamination from private wells;

(4) publish information related to the private well testing program on the department’s Internet website; ¹[and]¹

(5) establish and maintain a database ¹, including a publicly accessible interactive map,¹ that contains information on the locations of private wells that were tested for PFAS and found to be contaminated for PFAS ¹, private wells that were tested and found to be uncontaminated, and private wells that have not been tested for PFAS. The database may include data provided by nonprofit organizations that conduct PFAS testing, provided that any water tests were conducted by a laboratory certified by the Department of Environmental Protection pursuant to subsection c. of section 4 of P.L.1977, c.224 (C.58:12A-4) to test for drinking water contaminants. The department shall aggregate results in the publicly available database and map to preserve the privacy of individual property owners and residents, but shall make address-level data available to academic institutions or other entities deemed appropriate by the department; and

(6) establish and utilize a priority system for wells to be tested, using factors such as the proximity to known PFAS contamination, aquifer vulnerability, and gaps in existing data¹.

b. No later than one year after the implementation of the private well testing program pursuant to subsection a. of this section, and annually thereafter, the department shall prepare and submit a report to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), evaluating the effectiveness of the program. ¹The report may include data provided by nonprofit organizations that conduct PFAS testing, provided that any water tests were conducted by a laboratory certified by the Department of Environmental Protection pursuant to subsection c. of section 4 of P.L.1977, c.224 (C.58:12A-4) to test for drinking water contaminants. The department shall post and maintain each report on its Internet website.¹ The report shall contain, at a minimum:

(1) the number private wells tested for PFAS during the preceding year;

(2) the locations of the private wells tested for PFAS during the preceding year;

(3) information related to any geographic locations where PFAS contamination was found to be significantly higher than in other regions of the State;

(4) the total amount of funds from the “Private Well Testing Assistance Fund,” established pursuant to section 4 of this act, used to conduct testing of private wells for PFAS during the preceding year;

(5) the total amount of funds from the “Private Well Testing Assistance Fund,” established pursuant to section 4 of this act, used to provide remediation assistance, including the installation of drinking water filtration systems, to individuals whose private wells were found to be contaminated with PFAS;

¹(6) information on the likely time between receiving a positive PFAS test and successful treatment of the water;¹ and

¹[(6)] (7)¹ any recommendations to modify the program to make the program more effective.

¹c. As part of the Private Well Testing Program, the department shall establish, and regularly meet with, a stakeholder advisory group. The group may include representatives of the New Jersey Private Well Consortium, watershed organizations, and community organizations. The group shall advise the department on testing priorities, educational materials, annual reports, and other aspects of the Private Well Testing Program.

d. Copies of any water test result conducted pursuant to this section, which indicates the presence of PFAS in excess of a maximum contaminant level shall be provided at the closing of title on the sale of the property served by the well, in the same manner as water test results are provided pursuant to the “Private Well Testing Act,” P.L.2001, c.40 (C.58:12A-26 et seq.). Copies of any water test result conducted pursuant to this section shall also be provided to any lessor of a property served by the well, in the same manner as provided for in section 7 of P.L.2001, c.40 (C.58:12A-32).

e. Each water test conducted pursuant to this section shall be conducted by a laboratory certified by the Department of Environmental Protection pursuant to subsection c. of section 4 of P.L.1977, c.224 (C.58:12A-4) to test for drinking water contaminants.¹

4. a. The “Private Well Testing Assistance Fund,” hereinafter referred to as the “fund,” is hereby established as a nonlapsing, revolving fund in the department. Monies in the fund shall be invested in permitted investments or shall be held in interest-bearing accounts in those depositories as the State Treasurer may select, and may be invested and reinvested in permitted investments or as other trust funds in the custody of the State Treasurer in the manner provided by law.

b. Monies in the fund shall be used only to implement the “Private Well Testing Program,” established pursuant to section 3 of this act, including the following purposes:

(1) to improve access to, and provide financial assistance for, testing of private wells for PFAS in the State; ¹[and]¹

(2) subject to the availability of funding, to provide remediation assistance to individuals whose private wells were found to ¹[be contaminated with] have¹ PFAS ¹concentrations in excess of a maximum contaminant level¹ , including the installation ¹and maintenance¹ of drinking water filtration systems ¹, filter replacements, and follow-up testing. The department shall give priority to individuals in low-income households; and

(3) to provide grants to nonprofit organizations, watershed associations, and county and local health agencies to fund private well testing activities¹.

c. The fund shall be administered by the department and ¹[may] shall¹ be credited with ¹at least three percent of all¹ monies received by the State from any settlement or judgment between the department and ¹[the 3M Company, or any other company,] any party¹ concerning PFAS contamination ¹in 2026 and thereafter¹ .

d. The Legislature shall annually appropriate monies to the fund in the annual appropriations act to ensure that the department has the funding necessary to effectuate the purposes of subsection b. of this section.

5. The department shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as necessary to effectuate the purposes of this act.

6. This act shall take effect immediately.