ASSEMBLY, No. 1340

STATE OF NEW JERSEY

219th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

Co-Sponsored by:

Assemblywoman Murphy

SYNOPSIS

     Requires certain water suppliers to reimburse residential customers for drinking water testing and filters under certain circumstances.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act concerning reimbursement of costs of water testing and filters to residential customers, and supplementing 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.  (1)  The owner or operator of a public water system shall reimburse a residential customer at the request of the municipality in which the customer resides, for the cost of water testing at the residence by a laboratory certified by the Department of Environmental Protection, when the testing is necessitated by the exceedance of a maximum contaminant level, or action level, as appropriate, of a federal or State drinking water standard by the public water system.  The costs of the water testing shall not be borne by the public water system’s regulated rate customers.

     (2)   The owner or operator of a public water system shall reimburse a residential customer for the cost of a filter certified for lead removal, including installation costs, for the residence should the replacement of a lead service line result in the exceedance at the residence of a maximum contaminant level, or action level, as appropriate, of a federal or State drinking water standard.  The costs of the filter shall not be borne by the public water system’ s regulated rate customers.

     (3)   The provisions of this section shall not apply to a “public utility,” as defined in R.S.48:2-13, that is regulated by the Board of Public Utilities.

     b.    Notwithstanding the provisions of the “ Administrative Procedure Act,”  P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, within 180 days of the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the Department of Environmental Protection shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing, interim rules and regulations as the department determines to be necessary to effectuate the provisions of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).  The interim rules and regulations shall be effective as rules and regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months and may thereafter be amended, adopted, or readopted by the department pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).

     2.    This act shall take effect immediately.

STATEMENT

     This bill requires the owner or operator of a public water system to reimburse a residential customer for the cost of water testing at the residence when the testing is necessitated by the exceedance of a maximum contaminant level, or action level, as appropriate, of a federal or State drinking water standard by the public water system.  The testing is to be conducted by a laboratory certified by the Department of Environmental Protection (department).  The bill prohibits the costs of the water testing from being passed to the public water system’s regulated rate customers.

     The bill requires the department, within 180 days of the effective date of the bill, to adopt interim rules and regulations to effectuate the purposes of the bill.  The interim rules and regulations are to be effective immediately upon filing with the Office of Administrative Law and effective for a period not to exceed 18 months and may thereafter be amended, adopted, or readopted by the department pursuant to the “Administrative Procedure Act.”

     The bill would require the owner or operator of a public water system to reimburse a residential customer for the cost of a filter certified for lead removal, including installation costs, for a residence should the replacement of a lead service line result in the exceedance of a maximum contaminant level, or action level, as appropriate, of a federal or State drinking water standard at the residence. The bill also provides that the costs of the filter would not be borne by the public water system’s regulated rate customers.

     Further, an investor-owned utility is exempt from the requirements of the bill to reimburse residential customers for drinking water testing and filters under certain circumstances.