STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblyman Conaway, Assemblywoman Lopez, Assemblyman Moen, Assemblywoman Park, Assemblyman Karabinchak, Assemblywomen Reynolds-Jackson, Haider, Donlon and Peterpaul
SYNOPSIS
Requires disclosure of lead drinking water hazards to tenants of residential units; prohibits landlords from obstructing replacement of lead service lines; concerns testing of residential rental units for lead drinking water hazards.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the presence of lead in drinking water in certain residential properties, supplementing Title 58 of the Revised Statutes, and amending P.L.2021, c.183.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Certified point-of-use water filter" means a filter that is installed at the point where water is dispensed from an outlet, and which is certified by a body accredited by the American National Standards Institute National Accreditation Board as satisfying the NSF/ANSI 53-2019 standard for lead reduction or any subsequently adopted standard that is equivalent to, or more stringent than, the NSF/ANSI 53-2019 standard for lead reduction.
"Customer" means a residential customer of record and any residential tenant where the landlord of that residence is the customer of record.
"Lead action level" means the standard for lead in drinking water established by the United States Environmental Protection Agency, or a more stringent standard adopted by the department pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.).
"Lead-safe service line" means a service line that does not contain lead, as determined by a public community water system pursuant to P.L.2021, c.183 (C.58:12A-40 et seq.).
"Lead service line" means the same as the term is defined in section 2 of P.L.2021, c.183 (C.58:12A-41).
"Public community water system" means the same as the term is defined in section 2 of P.L.2021, c.183 (C.58:12A-41).
"Seasonal rental unit" means a residential rental unit that is leased for a duration of fewer than six months each year.
"Service line" means the same as the term is defined in section 2 of P.L.2021, c.183 (C.58:12A-41).
2. (New section) a. Within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health, in consultation with the Department of Environmental Protection and the Department of Community Affairs, shall develop a notice that provides consumers information concerning the health risks associated with lead in drinking water, including protective measures for minimizing exposure to lead in drinking water. These measures may include, but not be limited to, instructions for flushing water before drinking, using only cold tap water for drinking water, installation and use of certified point-of-use water filters, and the availability of water testing. The notice shall be updated from time to time as deemed necessary by the Commissioner of Health.
b. Within five days of developing or updating the educational materials, the Department of Health shall:
(1) publish the notice in the New Jersey Register;
(2) make the notice available to the public on the official Internet website of the Department of Health; and
(3) transmit the notice to the Commissioner of Community Affairs, who shall also make the notice available to the public on the official Internet website of the Department of Community Affairs.
3. (New section) a. Except as otherwise provided in subsection b. of this section, within 90 days of the publication of the notice developed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the publication of the model disclosure statement established pursuant to subsection c. of this section, a landlord shall provide a "Lead In Drinking Water Disclosure" statement to each prospective or current tenant before entering into a lease or renewal agreement with the tenant. The disclosure shall include:
(1) an acknowledgment that the residential rental property is serviced by a lead service line or service line of unknown composition, if the landlord received such notification from a public community water system pursuant to section 4 of P.L.2021, c.183 (C.58:12A-43) or any other requirement of law or regulation;
(2) a statement containing the date that the residential rental property was constructed, and that housing built before 1986 may be serviced by a lead service line or contain interior lead plumbing;
(3) a copy of any formal notice received by the landlord within the previous three years indicating that a lead action level exceedance was detected within the service area in which the residential rental property is located, unless the notice of lead action level exceedance was received more than 12 months prior to lease signing or renewal and the exceedance was subsequently corrected by the public community water system;
(4) a copy of any citation for a violation of P.L. , c. (C. ) (pending before the Legislature as this bill) that resulted in the issuance of a penalty against the landlord that was issued in the 12 months prior to lease signing or renewal; and
(5) a copy of, or instructions for accessing, the notice established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), concerning the health risks associated with lead in drinking water.
b. A landlord shall not be required to comply with the requirements of subsection a. of this section related to a lease or renewal agreement for a residential rental unit that is:
(1) located in a residential rental property that was constructed after 1986;
(2) located in a residential rental property that is serviced by a lead-safe service line; or
(3) a seasonal rental unit.
c. Within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Community Affairs shall prepare a model "Lead In Drinking Water Disclosure" statement that may be used by landlords to satisfy the requirements of this section.
d. Within five days of developing or updating the model "Lead In Drinking Water Disclosure" statement, the Department of Community Affairs shall:
(1) publish the notice in the New Jersey Register;
(2) make the notice available to the public on the official Internet website of the Department of Community Affairs; and
(3) transmit the notice to the Department of Health, who shall also make the notice available to the public