Bill Text: NJ A419 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires water purveyors to develop and implement leak detection programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A419 Detail]
Download: New_Jersey-2010-A419-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Requires water purveyors to develop and implement leak detection programs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning water supplies, amending and supplementing P.L.1981, c.262, and amending R.S.48:2-23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in this act:
"Commissioner" means the Commissioner of the Department of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Local government unit" means a State authority, district water supply commission, county, municipality, municipal, county or regional utilities authority, municipal water district, joint meeting or any other political subdivision of the State authorized pursuant to law to operate or maintain a public water supply system or to construct, rehabilitate, operate or maintain water supply facilities or otherwise provide water for human consumption.
"Public water utility" means any investor-owned water company or small water company.
"Small water company" means any company, purveyor or entity, other than a governmental agency, that provides water for human consumption and which regularly serves less than 1,000 customer connections, including nonprofit, noncommunity water systems owned or operated by a nonprofit group or organization.
"Trust" means the New Jersey Environmental Infrastructure Trust established pursuant to the "New Jersey Environmental Infrastructure Trust Act," P.L.1985, c.334 (C.58:11B-1 et seq.).
"Unaccounted-for water" means the difference between the amount of water that leaves a water purveyor's public water supply system and the amount of water delivered through service meters for which the water purveyor bills, expressed as a total amount and as a percentage of the water purveyor's total water output.
"Water purveyor" means any local government unit or public water utility.
"Water supply facilities" means and refers to the real property and the plants, structures, interconnections between existing water supply facilities, machinery and equipment and other property, real, personal and mixed, acquired, constructed or operated, or to be acquired, constructed or operated, in whole or in part, by or on behalf of a public water utility, or by or on behalf of the State or a local government unit, for the purpose of augmenting the natural water resources of the State and making available an increased supply of water for all uses, or of conserving existing water resources, and any and all appurtenances necessary, useful or convenient for the collecting, impounding, storing, improving, treating, filtering, conserving or transmitting of water, and for the preservation and protection of these resources and facilities, whether in public or private ownership, and providing for the conservation and development of future water supply resources, and facilitating incidental recreational uses thereof.
"Water supply project" means any work relating to the acquisition, construction, improvement, repair or reconstruction of all or part of any structure, facility or equipment, or real or personal property necessary for or ancillary to water supply facilities that meets the requirements set forth in sections 24, 25 and 26 of P.L.1997, c.224 (C.58:11B-20.1, C.58:11B-21.1 and C.58:11B-22.1); or any work relating to any other project eligible for funding pursuant to the federal "Safe Drinking Water Act Amendments of 1996" Pub.L.104-182, and any amendatory and supplementary acts thereto.
2. (New section) a. Every water purveyor shall provide the commissioner with the following information:
(1) The amount of unaccounted-for water leaving its public water supply system during the current calendar year;
(2) A discussion of short term measures that are underway or could be initiated to reduce the amount of unaccounted-for-water; and
(3) A plan of action containing long term measures to reduce the amount of unaccounted-for-water.
b. It shall remain the continuing responsibility and obligation of every water purveyor that owns or operates a public water supply facility, all or any portion of which has been financed by public funds, including, but not limited to, a State loan from the Trust, to provide the department with all necessary information as may be prescribed herein.
c. Any water supply project approvals granted by the department for a water supply project, which has been financed, directly or indirectly, out of public funds, in whole or in part, or any renewal of a water supply project approval shall be subject to the satisfactory compliance with the provisions of this section.
3. (New section) a. Every water purveyor that distributes water supplies in excess of an average of 100,000 gallons per day during any 30-day period shall develop and undertake a systematic program to monitor and control leakage within its public water supply system.
b. The leak detection program shall, at a minimum, include:
(1) Periodic surveys to monitor leakage, enumerate unaccounted-for water, and determine the current status of system infrastructure;
(2) Recommendations to monitor and control leakage; and
(3) A schedule for the implementation of these recommendations.
c. Each leak detection program developed by a water purveyor shall be subject to review and approval by the department.
d. Each water purveyor that distributes in excess of one million gallons per day shall submit its initial program to monitor and control leakage to the department within six months, and each water purveyor that distributes between 100,000 gallons per days and one million gallons per day shall submit its initial program to monitor and control leakage to the department within nine months of the effective date of P.L. , c. (C.58:1A-27 et seq.)(pending in the Legislature as this bill), or at such earlier dates as shall be fixed by the department.
e. Each water purveyor shall prepare and submit a revised and updated program to monitor and control leakage every three years thereafter or at such earlier dates as shall be required by the department. The department may require more frequent leak detection program submissions from water purveyors with unaccounted-for water that is in excess of 15 percent.
4. (New section) The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to effectuate the provisions of P.L. , c. (C.58: et seq.)(pending in the Legislature as this bill).
5. Section 9 of P.L.1981, c.262 (C.58:1A-9) is amended to read as follows:
9. The Board of [Regulatory Commissioners] Public Utilities shall fix just and reasonable rates for any public water supply system subject to its jurisdiction, as may be necessary for that system to comply with an order issued by the department or the terms and conditions of a permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.).
(cf: P.L.1993, c.202, s.8)
6. Section 15 of P.L.1981, c.262 (C.58:1A-15) is amended to read as follows:
15. The department may:
a. Perform any and all acts and issue such orders as are necessary to carry out the purposes and requirements of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
b. Administer and enforce the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) and rules, regulations and orders adopted, issued or effective thereunder;
c. Present proper identification and then enter upon any land or water for the purpose of making any investigation, examination or survey contemplated by P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
d. [Subpena] Subpoena and require the attendance of witnesses and the production by them of books and papers pertinent to the investigations and inquiries the department is authorized to make under P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.), and examine them and those public records as shall be required in relation thereto;
e. Order the interconnection of public water supply systems, whether in public or private ownership, whenever the department determines that the public interest requires that this interconnection be made, and require the furnishing of water by means of that system to another system, but no order shall be issued before comments have been solicited at a public hearing, notice of which has been published at least 30 days before the hearing, in one newspaper circulating generally in the [area] drought region served by each involved public water supply system, called for the purpose of soliciting comments on the proposed action. Nothing in this subsection shall be construed to alter or restrict the authority of the commissioner to order any person to make emergency interconnections between systems during a state of water emergency as provided in section 4 of P.L.1981, c.262 (C.58:1A-4).
f. Order any person diverting water to improve or repair its water supply facilities so that water loss is eliminated so far as practicable, safe yield is maintained and the drinking water quality standards adopted pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et al.) are met;
g. Enter into agreements, contracts, or cooperative arrangements under such terms and conditions as the department deems appropriate with other states, other State agencies, federal agencies, municipalities, counties, educational institutions, investor-owned water companies, municipal utilities authorities, or other organizations or persons;
h. Receive financial and technical assistance from the federal government and other public or private agencies;
i. Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
j. Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
k. Delegate those responsibilities and duties to personnel of the department as deemed appropriate for the purpose of administering the requirements of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
l. Combine permits issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) with permits issued pursuant to any other act whatsoever whenever that action would improve the administration of those acts;
m. Evaluate and determine the adequacy of ground and surface water supplies and develop methods to protect aquifer recharge areas.
(cf: P.L.1993, c.202, s.9)
7. R.S.48:2-23 is amended to read as follows:
48:2-23. a. The board may, after public hearing, upon notice, by order in writing, require any public utility to furnish safe, adequate and proper service, including furnishing and performance of service in a manner that tends to conserve and preserve the quality of the environment and prevent the pollution of the waters, land and air of this State, and including furnishing and performance of service in a manner which preserves and protects the water quality of a public water supply system, and to maintain its property and equipment in such condition as to enable it to do so.
The board may, pending any such proceeding, require any public utility to continue to furnish service and to maintain its property and equipment in such condition as to enable it to do so.
The board, in requiring any public water utility to furnish safe, adequate and proper service, may require the public water utility to retain in its rate base any property which the board determines is necessary to protect the water quality of a public water supply system.
b. Every public water utility shall provide the board with the following information:
(1) The amount of unaccounted-for water leaving its public water supply system during the current calendar year;
(2) A discussion of short term measures that are underway or could be initiated to reduce the amount of unaccounted-for-water; and
(3) A plan of action containing long term measures to reduce the amount of unaccounted-for-water.
For the purposes of this subsection, "unaccounted-for water" means the difference between the amount of water that leaves a public water utility's public water supply system and the amount of water delivered through service meters for which the public water utility bills, as provided in section 1 of P.L.1973, c.230 (C.48:19-18.1), expressed as a total amount and as a percentage of the water purveyor's total water output.
(cf: P.L.1988, c.163, s.5)
8. This act shall take effect immediately.
STATEMENT
This bill would require the State's public and private water providers to develop and implement water leakage prevention and reduction plans. Specifically, every water purveyor must provide the Commissioner of Environmental Protection with the following information: (1) the amount of unaccounted-for water leaving its public water supply system during the current calendar year; (2) a discussion of short term measures that are underway or could be initiated to reduce the amount of unaccounted-for-water; and (3) a plan of action containing long term measures to reduce the amount of unaccounted-for-water.
Public water utilities would be required to provide the same information to the Board of Public Utilities.
Every water purveyor that owns or operates a public water supply facility, all or any portion of which has been financed by public funds, including, but not limited to, a State loan from the New Jersey Environmental Infrastructure Trust, would be required to provide the Department of Environmental Protection with all necessary information as may be prescribed in the bill. Any water supply project approvals granted by the Department for a water supply project, which has been financed, directly or indirectly, out of public funds, in whole or in part, or any renewal of a water supply project approval would be subject to the satisfactory compliance with the provisions of this bill.
The bill would also require every water purveyor that distributes water supplies in excess of an average of 100,000 gallons per day during any 30-day period to develop and undertake a systematic program to monitor and control leakage within its public water supply system. The leak detection program must include, at a minimum: (1) periodic surveys to monitor leakage, enumerate unaccounted-for water, and determine the current status of system infrastructure; (2) recommendations to monitor and control leakage; and (3) a schedule for the implementation of these recommendations.
Each leak detection program developed by a water purveyor would be subject to the review and approval of the Department of Environmental Protection.
Each water purveyor that distributes in excess of one million gallons per day must submit its initial program to monitor and control leakage to the Department within six months, and each water purveyor that distributes between 100,000 gallons per days and one million gallons per day must submit its initial program to monitor and control leakage to the Department within nine months of the bill's effective date, or at such earlier dates as the Department may determine. Each water purveyor must prepare and submit a revised and updated program to monitor and control leakage every three years thereafter or at such earlier dates as may be required by the Department. The Department may require more frequent leak detection program submissions from water purveyors with unaccounted-for water that is in excess of 15 percent.
