New Jersey-2024-A516-Amended

An Act concerning certain notifications by public water systems regarding boil water notices ¹[and violations of drinking water quality standards]¹, amending P.L.2019, c.279, 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. Section 1 of P.L.2019, c.279 (C.58:12A-8.2) is amended to read as follows:

1. a. Whenever any public water system experiences an emergency or other condition that requires the issuance of a boil water notice, the owner or operator of the public water system shall provide notice that a boil water notice is in effect to:

(1) the mayor ¹, or other governing body, as applicable,¹ and municipal clerk, or an authorized designee, of each affected municipality that receives water from the public water system [that a boil water notice is in effect] ; ¹[and]¹

(2) ¹[commencing on the 90th day after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), to]¹ the affected customers ¹, provided that such notice shall not be required until 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(3) the chief administrator of every school district, charter school, and nonpublic school located within each municipality served by the public water system¹.

b. The notice required pursuant to paragraph (1) of subsection a. of this section shall be:

(1) provided as soon as possible, but in no case later than one hour after the public water system learns of the emergency or other condition;

(2) given via both telephone and electronic mail; and

(3) issued in addition to any other notice required by State or federal law.

The ¹[notice] notices¹ required to be given to affected customers ¹and chief administrators of school districts, charger schools, and nonpublic schools¹ pursuant to ¹[paragraph] paragraphs¹ (2) ¹and (3)¹ of subsection a. of this section shall be given as soon as possible, but in no case later than 24 hours after the public water system learns of the emergency or other condition that required the issuance of the boil water notice. The owner or operator of the public water system shall notify its customers via the preferred means of direct contact for each customer as provided pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The ¹[notice] notices¹ provided pursuant to subsection a. of this section shall contain:

(1) the name of the public water system affected;

(2) the geographical area affected;

(3) the date of the occurrence giving rise to the boil water notice;

(4) the consumer corrective measures to be taken by consumers of the ¹public¹ water ¹system¹; and

(5) a telephone number where the mayor, the municipal clerk, or an authorized designee, and customers may reach an appropriate party to whom questions or other concerns about the boil water notice or the situation necessitating issuance of the notice may be addressed.

d. Upon rescission of the boil water notice, the owner or operator of the public water system shall provide ¹[notice] notices¹ to the mayor, ¹or other governing body, as applicable, and¹ municipal clerk, or an authorized designee ¹,¹ of each affected municipality that receives water from the public water system ¹, and the chief administrator of every school district, charter school, and nonpublic school located within each municipality served by the public water system,¹ via both telephone and electronic mail, and to the affected customers via the preferred means of direct contact for each customer as provided pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), that the boil water notice has been rescinded. [This notice shall be provided via both telephone and electronic mail.]

e. The public water system shall post notice of a boil water notice, and the rescission of a boil water notice, on any website and social media accounts that the public water system maintains for the public or its customers.

f. For the purposes of this section:

"Boil water notice" means a Tier 1 Public Notice required pursuant to the United States Environmental Protection Agency's National Primary Drinking Water Regulations at Part 141, subpart Q of title 40, Code of Federal Regulations.

"Public transient noncommunity water system" means a public water system that is not a public community water system or a public nontransient noncommunity water system and that serves at least 25 transient individuals for at least 60 days in any given calendar year.

"Public water system" means the same as the term is defined in section 3 of P.L.1977, c.224 (C.58:12A-3), except that it shall not include a public transient noncommunity water system.

(cf: P.L.2019, c.279, s.1)

2. (New section) a. Within 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the owner or operator of the public water system shall include in the water bills issued by the system for each customer a solicitation for the customer's preferred means of direct contact¹[,]¹ from the options made available to each customer by the owner or operator. If the system issues its water bills less frequently than every two months, the solicitation shall be included in the bill next issued following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). It shall be the responsibility of the customer to notify the owner or operator of the public water system of a change in the preferred method of direct contact provided pursuant to this subsection.

b. If a customer does not return the solicitation provided for in subsection a. of this section or otherwise specify a preferred means of direct contact, and the public water system has a telephone number on file for the account, the owner or operator of the public water system shall attempt to notify the customer via telephone or other means of direct contact, at the discretion of the owner or operator.

c. A public water system shall have or acquire the capability to notify its customers by direct contact, which may include telephone, electronic mail, or text message.

d. A customer of record receiving a solicitation provided for in subsection a. of this section on behalf of two or more units within a multiple dwelling, condominium, or cooperative¹[,]¹ shall provide a copy of the solicitation to every unit within the multiple dwelling, condominium, or cooperative for which the customer is the customer of record. As used in this subsection, "multiple dwelling," "condominium," and "cooperative" shall have the same meaning as provided in section 3 of P.L.1967, c.76 (C.55:13A-3).

¹[3. (New section) a. In addition to any other notice required by State or federal law, the owner or operator of a public water system shall immediately notify, by telephone and electronic mail, the governing body and municipal clerk of a municipality and the chief administrator of every school district, charter school, and nonpublic school located within each municipality served by the public water system whenever the public water system violates any drinking water quality standard or exceeds an action level for drinking water supplied by the public water system within the municipality.

b. The notification required pursuant to this section shall provide:

(1) the name of any contaminant that exceeds a drinking water action level or quality standard;

(2) the maximum contaminant level or the action level, as appropriate, for the contaminant;

(3) the dates when the tests were performed;

(4) the level of the contaminant found on each date;

(5) the location of each sample tested; and

(6) information on suggested remedies that a customer may take to address the exceedance or violation.]¹

¹[4.] 3.¹ This act shall take effect immediately.