LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
ASSEMBLY, No. 4759
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: JUNE 29, 2023
SUMMARY
Synopsis: Requires public water systems and landlords to provide certain notice
of elevated perfluoroalkyl or polyfluoroalkyl substances levels in
drinking water; requires DEP to establish educational program.
Type of Impact: Annual expenditure and revenue increases to the State and
expenditure increase to local governments.
Agencies Affected: Department of Environmental Protection, Department of Health, local
government units.
Office of Legislative Services Estimate
Fiscal Impact
One-Time State Cost Increase Indeterminate
Annual Local Cost Increase Indeterminate
Annual State Revenue Increase Indeterminate
 The Office of Legislative Services (OLS) determines that there will be an indeterminate one-
time cost for the Department of Environmental Protection and the Department of Health to
establish an educational program concerning the presence of perfluoroalkyl or polyfluoroalkyl
substances (PFAS) in drinking water. The OLS assumes that the costs to establish and update
the educational program and to create and annually update the website could be subsumed
within existing staff duties.
 The OLS notes that local governments operating public water systems could incur some annual
costs to provide the required notifications to customers when maximum PFAS levels are
exceeded. This estimate could vary significantly year to year as new violations are reported.
 An indeterminate amount of annual revenue could accrue from violations of the bill’s
provisions.
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
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BILL DESCRIPTION
This bill would require public water systems to provide certain notifications about elevated
PFAS levels in drinking water to customers and local officials, require landlords to notify tenants
of elevated PFAS levels in drinking water, and require the Department of Environmental
Protection, in conjunction with the Department of Health, to establish an educational program
concerning the presence of PFAS in drinking water.
Beginning 18 months after the bill's enactment, a public water system whose drinking water
exceeds a PFAS maximum contaminant level would be required to provide a written notice to all
customers served by the public water system, including all residences, schools, daycare centers,
and facilities serving young children, all public and private hospitals, medical clinics, and doctor’s
offices serving pregnant women and young children, all local health and welfare agencies in the
public water system's service area, and the chief executive of each municipality in the public water
system’s service area. The written notice would be required to be sent no later than 30 calendar
days after the public water system confirms that there has been an exceedance of a PFAS maximum
contaminant level.
Those public water systems where an exceedance has been found would be required to
establish a website and to provide options allowing customers to sign up to receive those
notifications by email, text message, or mail under the bill. The bill would also require a public
water system to provide a written notification informing customers when a PFAS exceedance has
ended. A public water system that violates any of the notification requirements of the bill would
be considered to be in violation of the Safe Drinking Water Act, which could result in civil
administrative penalties of up to $25,000.
Whenever a landlord receives any notice or health and safety information from a public water
system concerning the presence of PFAS in drinking water they are required to distribute, by any
means, including by electronic mail, the notice or information and post the notice or information in a
prominent location at the entrance of each rental premises. A landlord that violates any of the
requirements of the bill may be subject to civil administrative penalties.
Finally, the bill would require the Department of Environmental Protection and the Department
of Health, no later than one year after the bill’s enactment, to establish and implement an
educational program concerning PFAS in drinking water. The Department of Environmental
Protection would be required to publish the educational program on its website and update it
annually.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS determines that there will be an indeterminate one-time cost for the Department of
Environmental Protection and the Department of Health to establish an educational program
concerning the presence of PFAS in drinking water. The OLS assumes that the costs to establish
and update the educational program and to create and annually update the website could be
subsumed within existing staff duties.
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The OLS notes that local governments operating public water systems could incur some annual
costs to provide the required notifications to customers when maximum PFAS levels are exceeded.
This cost could vary significantly year to year as new violations are reported.
An indeterminate amount of annual revenue could accrue from violations of the bill’s
provisions, but widespread noncompliance is not anticipated.
For background, there are approximately 3,700 water systems in the State, which consist of:
(1) 582 public water systems such as those that serve municipalities; (2) 720 non-transient non-
community systems that serve businesses, hotels, and schools; and (3) 2,372 transient non-
community systems that serve businesses, camps, churches, hotels, and restaurants.. According to
a recent DEP publication, 74 public water systems’ drinking water exceeds a PFAS MCL.
Section: Environment, Agriculture, Energy, and Natural Resources
Analyst: Neha Patel
Senior Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).