Bill Text: NJ S2695 | 2022-2023 | Regular Session | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-03-02 - Referred to Senate Budget and Appropriations Committee [S2695 Detail]
Download: New_Jersey-2022-S2695-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires disclosure of lead drinking water hazards to tenants of residential units; prohibits landlords from obstructing replacement of lead service lines; requires inspection of residential rental units for lead drinking water hazards.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the presence of lead in drinking water in certain residential properties, supplementing various parts of the statutory law, and amending P.L.2021, c.183 and P.L.2021, c.182.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. (1) Except as otherwise provided in subsection b. of this section, when a landlord offers for rent a residential rental unit, the landlord shall provide a Lead In Drinking Water Disclosure to each prospective or current tenant before entering into a lease or renewal agreement with the tenant. The disclosure shall be provided on a written form prescribed by the Commissioner of Community Affairs. At a minimum, the disclosure shall include the following information:
(a) 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;
(b) an acknowledgment that there is a significant possibility that the residential rental property is serviced by a lead service line or interior lead plumbing if the residential rental property was constructed before 1986;
(c) a copy of any citation or formal notice received by the landlord within the previous three years for the failure to comply with any requirement of law or regulation concerning the presence of lead in drinking water;
(d) a copy of the results of any tests conducted within the previous three years concerning the presence of lead in the drinking water supplied to any unit within the residential rental property;
(e) 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;
(f) a copy of, or instructions for accessing, the educational materials developed by the Department of Health, in consultation with the Department of Environmental Protection, 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; and
(g) any other information that the Commissioner of Community Affairs, in consultation with the Commissioner of Environmental Protection and Commissioner of Health, may deem necessary.
(2) Upon entering into a lease or renewal agreement, the landlord and tenant shall jointly sign an addendum to the lease or renewal agreement attesting that the tenant received the Lead In Drinking Water Disclosure before entering into the agreement.
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. A landlord who violates the provisions of this section, or who knowingly misrepresents any information contained in the Lead In Drinking Water Disclosure, shall be subject to a fine of not more than $5,000 for each offense. Any penalty imposed pursuant to this subsection may be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in connection with this section.
d. As used in this section:
"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).
"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, shall develop educational materials concerning the health risks associated with lead in drinking water, including protective measures for minimizing the potential exposure to lead in drinking water. The educational materials shall be updated from time to time as deemed necessary by the Commissioner of Health.
b. Within five days of developing the educational materials, the Department of Health shall:
(1) make the information available to the public on the official Internet website of the Department of Health; and
(2) transmit the information to the Commissioner of Community Affairs, who shall also make the educational materials available to the public on the official Internet website of the Department of Community Affairs.
3. (New section) a. In addition to any other information required by law or regulation, the Department of Community Affairs shall include information in the housing registry, established pursuant to section 7 of the "Lead Hazard Control Assistance Act," P.L.2003, c.311 (C.52:27D-437.7), concerning the address of every residential rental property in the State that is serviced by a lead-safe service line, lead service line, and service line of unknown composition, respectively, as reported to the department pursuant to P.L.2021, c.183 (C.58:12A-40 et seq.), as amended by P.L. , c. (C. ) (pending before the Legislature as this bill). The department shall update this information at least once every six months.
b. As used in this section:
"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).
"Service line" means the same as the term is defined in section 2 of P.L.2021, c.183 (C.58:12A-41).
4. Section 3 of P.L.2021, c.183 (C.58:12A-42) is amended to read as follows:
3. a. Each public community water system in the State shall develop a service line inventory, in accordance with the requirements of this section, in order to determine the existence or absence of a lead service line at each service connection in its service area. The service line inventory shall include information about service line locations and the composition of service lines at each location. The department may prescribe data management means and methods to provide for the receipt of uniform submissions of the service line inventory by public community water systems.
b. No later than 60 days after the effective date of [this act] P.L.2021, c.183 (C.58:12A-40 et seq.), a public community water system shall compile and submit, to the department, an initial count showing the number of lead service lines and the number of service lines of unknown composition that are known to be present in the system's service area, as well as the number of lead service lines that are to be replaced annually, based on the replacement rate established pursuant to paragraph (1) of subsection b. of section 5 of [this act] P.L.2021, c.183 (C.58:12A-44).
c. No later than six months after the effective date of [this act] P.L.2021, c.183 (C.58:12A-40 et seq.), a public community water system shall submit to the department an initial service line inventory. The inventory shall include:
(1) the locations of all identified lead service lines;
(2) an indication as to whether each identified lead service line is completely composed of lead or otherwise meets the definition of a lead service line;
(3) the location of each service line that is suspected to be lead;
(4) for each identified and suspected lead service line, an indication as to whether the line is owned by the public community water system, the property owner, or both;
(5) the locations and compositions of all non-lead service lines; and
(6) a separate list identifying all service lines of unknown composition.
d. The public community water system shall use historical building records and other available information, including data from the American Water Works Association or other industry research groups, to determine the likelihood of the presence of lead service lines in all portions of its service area, as provided by this section.
e. Following the submission of the initial service line inventory pursuant to subsection c. of this section, each public community water system in the State shall continue the inventory process and utilize every reasonable method available to locate all lead service lines within its service area. This process shall include, but shall not be limited to:
(1) visual inspection during planned maintenance, meter replacement, and main replacement projects; and
(2) the solicitation and receipt of comments, complaints, and other input from customers and non-paying consumers in the service area.
f. (1) No later than one year after the effective date of [this act] P.L.2021, c.183 (C.58:12A-40 et seq.), a public community water system shall submit, to the department, an updated inventory of service lines in its service area. The updated inventory shall contain the information required by subsection c. of this section, and shall additionally include:
(a) for each service line suspected of containing lead, supporting information detailing the reasons why each such service line is believed to contain lead; and
(b) for each service line identified as being of unknown composition, a description detailing the steps undertaken to determine whether the line contains lead.
(2) The public community water system shall keep the department informed of its progress pursuant to this subsection, through the annual reports submitted pursuant to the provisions of section 7 of [this act] P.L.2021, c.183 (C.58:12A-46). If a public community water system exhausts all other methods of identifying a service line, including the use of new technologies that become available, the department may require excavation, as necessary, to identify the service line.
g. Beginning two years after the effective date of [this act] P.L.2021, c.183 (C.58:12A-40 et seq.), and until such time as all lead service lines have been replaced in accordance with [this act] P.L.2021, c.183 (C.58:12A-40 et seq.), a public community water system shall annually submit to the department:
(1) an updated service line inventory that meets the requirements of subsection f. of this section; and
(2) a statement certifying that the public community water system is in compliance with the provisions of this act.
h. (1) A public community water system shall provide its most recent service line inventory, at no cost, to the Commissioner of Community Affairs and, upon request and at no cost, to appropriate State officials [or] and to the local government officials of a municipality served by the public community water system. A public community water system shall make its most recent service line inventory available on its Internet website. For public community water systems serving fewer than 3,300 customers, whenever an Internet website is not available, the public community water system shall make its most recent service line inventory available in another publicly accessible location.
(2) If the owner or operator of a residential rental property, including an apartment building, group home, or other multi-family or multi-unit dwelling, obstructs the efforts of a public community water system to replace a lead service line, then the public community water system shall report the actions to the chief executive officer of the municipality in which the property is located, as well as each customer and non-paying consumer served by the lead service line.
(cf: P.L.2021, c.183, s.3)
5. Section 4 of P.L.2021, c.183 (C.58:12A-43) is amended to read as follows:
4. a. No later than 30 days after submitting an initial service line inventory to the department pursuant to subsection c. of section 3 of [this act] P.L.2021, c.183 (C.58:12A-42), and periodically thereafter as the department may require, a public community water system shall send, to each customer and non-paying consumer served by a lead service line in the service area, and to any off-site owner of property served by a lead service line in the service area, written notice of the composition of the service line.
b. A notice provided pursuant to this section shall:
(1) be sent, by certified mail, to each residential, commercial, or institutional address affected by the known lead service line and addressed to the primary resident or commercial or institutional occupant thereof, as appropriate. Notice shall be sent to all affected addresses, as provided in this paragraph, regardless of whether the resident or occupant is a system customer or is a non-paying consumer;
(2) be sent, by certified mail, to each off-site owner of property affected by the known lead service line and addressed to the property owner's last known address, as determined through the review of local property tax and other available records;
(3) be included in a mailing that is separate and distinct from the water bill that is issued for the property. The notice shall contain large, easily readable text and be presented on distinctly colored paper or other paper that is easily distinguishable from the water billing statement; and
(4) include, at a minimum: (a) a list of the lead service lines that are being used to serve the customer or non-paying consumer; (b) information describing the sources of lead in drinking water, including lead service lines and household plumbing; (c) a description of the health effects of lead exposure; and (d) the steps that system customers and non-paying consumers in the service area can take to reduce their exposure to lead in drinking water.
c. (1) If the recipient of notice provided pursuant to this section is the owner or operator of an apartment building, group home, or other multi-family or multi-unit dwelling, such owner or operator shall provide a hard copy of the notice to each existing resident of the multi-family or multi-unit dwelling and shall additionally post a copy of the notice in a conspicuous location in a common area of the dwelling. The owner or operator shall also inform each new resident of the multi-family or multi-unit dwelling, prior to their residence, about the existence of the lead service line, and shall provide each new resident with a hard copy of the notice received pursuant to this section, upon the commencement of their residence. A notice posted in a common area of a multi-family or multi-unit dwelling, pursuant to this subsection, may be removed only after all of the lead service lines identified in the notice have been replaced and determined to be non-lead service lines.
(2) If the owner or operator of a residential rental property, including an apartment building, group home, or other multi-family or multi-unit dwelling, receives notice pursuant to this section, and the owner or operator offers a dwelling unit within the residential property for rent to a prospective or current tenant, then the lease or renewal agreement shall be conditioned on the owner's or operator's commitment not to obstruct a public community water system from replacing a lead service line. If the owner or operator obstructs the replacement of a lead service line, such as denying access to the property owner-side of the lead service line, then the lease or renewal agreement shall remain in effect, but the tenant may terminate the agreement any time thereafter without incurring any charge or penalty otherwise imposed under the agreement for such termination.
d. If a public community water system serves a municipality in which the primary language of 10 percent or more of the residents is a language other than English, the public community water system shall provide the notice required pursuant to subsection a. of this section in both English and the other language spoken by residents.
(cf: P.L.2021, c.183, s.4)
6. Section 7 of P.L.2021, c.183 (C.58:12A-46) is amended to read as follows:
7. No later than December 31 of each year, a public community water system shall submit to the [department] Department of Environmental Protection and the Department of Community Affairs, in a form and manner to be determined by the [department] Department of Environmental Protection, a report detailing the public community water system's progress in replacing lead service lines pursuant to [this act] P.L.2021, c.183 (C.58:12A-40 et seq.). A public community water system shall make its report available on its Internet website. If an Internet website is not available, the public community water system shall make its report available in another publicly accessible location. If the [department] Department of Environmental Protection determines, based on the information provided by the public community water system pursuant to this section, that the system has completed the replacement of all lead service lines within the system's service area, the system shall no longer be required to submit a report pursuant to this section.
(cf: P.L.2021, c.183, s.7)
7. Section 1 of P.L.2021, c.182 (C.52:27D-437.16) is amended to read as follows:
1. a. As used in this section:
"Drinking water outlet" means any faucet or tap that supplies water regularly used for drinking or food preparation, including ice-making.
"Dust wipe sampling" means a sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
"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.).
"Tenant turnover" means the time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
"Visual assessment" means a visual examination for deteriorated paint or visible surface dust, debris, or residue.
b. (1) Subject to subsection c. of this section, in a municipality that maintains a permanent local agency for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures within the municipality, the permanent local agency shall inspect every single-family, two-family, and multiple rental dwelling located within the municipality [at tenant turnover] for lead-based paint hazards and lead drinking water hazards at tenant turnover, or within two years of the effective date of P.L.2021, c.182 (C.52:27D-437.16 et al.) for lead-based paint hazards and within two years of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) for lead drinking water hazards, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards and lead drinking water hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover for lead-based paint hazards shall not be required if the owner has a valid lead-safe certification pursuant to this section. The municipality shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the inspection.
(2) Subject to subsection c. of this section, a municipality that does not maintain a permanent local agency for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures within the municipality, the municipality shall hire a lead evaluation contractor, certified to provide lead paint inspection services by the Department of Community Affairs, to inspect every single-family, two-family, and multiple rental dwelling located within the municipality [at tenant turnover] for lead-based paint hazards and lead drinking water hazards at tenant turnover, or within two years of the effective date of P.L.2021, c.182 (C.52:27D-437.16 et al.) for lead-based paint hazards and within two years of the effective date P.L. , c. (C. ) (pending before the Legislature as this bill) for lead drinking water hazards, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards and lead drinking water hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover for lead-based paint hazards shall not be required if the owner has a valid lead-safe certification pursuant to this section. The municipality shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the inspection, including the cost of hiring the lead evaluation contractor.
(3) A municipality shall permit the dwelling owner or landlord to directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of paragraph (1) or (2) of this subsection.
(4) A permanent local agency or lead evaluation contractor with the duty to inspect single-family, two-family, and multiple rental dwellings pursuant to this section may consult with the local health board, the Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
(5) Fees established pursuant to this subsection shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose.
(6) When inspecting a dwelling unit for the presence of lead drinking water hazards, a water sample shall be taken from each drinking water outlet in the unit. The water samples shall be tested in accordance with sampling and testing methods approved by the Department of Environmental Protection.
c. Notwithstanding subsection b. of this section to the contrary, a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(1) has been certified to be free of lead-based paint;
(2) was constructed during or after 1978;
(3) is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.);
(4) is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
(5) has a valid lead-safe certification issued in accordance with this section.
d. (1) If a lead evaluation contractor or permanent local agency finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the "Lead Hazard Control Assistance Act," P.L.2003, c.311 (C.52:27D-437.1 et al.). Upon the remediation of the lead-based paint hazard, the lead evaluation contractor or permanent local agency shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
(2) If a lead evaluation contractor or permanent local agency finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to this section or following remediation of a lead-based paint hazard pursuant to paragraph (1) of this subsection, then the lead evaluation contractor or permanent local agency shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to section 8 of P.L.2021, c.182 (C.52:27D-437.20). The lead-safe certification provided to the property owner by the lead evaluation contractor or permanent local agency pursuant to this paragraph shall be valid for two years.
e. Beginning on the effective date of P.L.2021, c.182 (C.52:27D-437.16 et al.), property owners shall:
(1) provide evidence of a valid lead-safe certification obtained pursuant to this section as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to paragraph (1), (2), or (3) of subsection c. of this section;
(2) provide evidence of a valid lead-safe certification obtained pursuant to this section to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to paragraphs (1), (2), (3), and (4) of subsection c. of this section, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
(3) maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants, if the inspection was conducted during a period of tenancy, unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to paragraphs (1), (2), (3), and (4) of subsection c. of this section.
f. If a lead evaluation contractor or permanent local agency finds that a lead-based paint hazard or lead drinking water hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the lead evaluation contractor or permanent local agency shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with section 8 of the "Lead Hazard Control Assistance Act," P.L.2003, c.311 (C.52:27D-437.8).
g. (1) If a dwelling is located in a municipality in which less than three percent of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the Department of Health pursuant to section 5 of P.L.1995, c.328 (C.26:2-137.6), or according to other data deemed appropriate by the commissioner, then a lead evaluation contractor or permanent local agency may inspect for lead-based paint hazards through visual assessment.
(2) If a dwelling is located in a municipality in which at least three percent of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the Department of Health pursuant to section 5 of P.L.1995, c.328 (C.26:2-137.6), or according to other data deemed appropriate by the commissioner, then a lead evaluation contractor or permanent local agency shall inspect for lead-based paint hazards through dust wipe sampling.
(3) If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two- or three- dwelling units, then the lead evaluation contractor or permanent local agency shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The lead evaluation contractor or permanent local agency may charge fees in accordance with this section for such additional inspections.
h. In addition to the fees permitted to be charged for inspection of rental housing pursuant to this section, each municipality shall assess an additional fee of $20 per unit inspected by a certified lead evaluation contractor or permanent local agency for the purposes of the "Lead Hazard Control Assistance Act," P.L.2003, c.311 (C.52:27D-437.1 et al.) concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20 pursuant to the provisions of section 10 of P.L. 2003, c. 311 (C.52:27D-437.10). In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this subsection shall be deposited into the "Lead Hazard Control Assistance Fund" established pursuant to section 4 of P.L.2003, c.311 (C.52:27D-437.4).
i. Notwithstanding subsection b. of this section to the contrary, a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead drinking water hazards if the unit is:
(1) located in a residential rental property that was constructed after 1986; or
(2) serviced by a lead-safe service line.
(cf: P.L.2021, c.182, s.1)
8. (New section) Notwithstanding
any provision of the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.) to the contrary, the Commissioner of Community Affairs, in
consultation with the Commissioner of Environmental Protection and the
Commissioner of Health, shall, on or before the first day of the fourth month
next following the date of enactment of P.L. , c. (C. )
(pending before the Legislature as this bill), and immediately upon filing with
the Office of Administrative Law, adopt rules and regulations necessary to
implement the provisions of P.L. ,
c. (C. )
(pending before the Legislature as this bill). The rules and regulations shall
be effective for a period not to exceed 18 months following the date of filing
and may thereafter be amended, adopted, or readopted by the director in
accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
9. This act shall take effect immediately, but shall remain inoperative until the first day of the fourth month next following the date of enactment.
STATEMENT
This bill provides various protections for residential tenants concerning the presence of lead service lines and lead drinking water hazards.
Specifically, the bill requires the disclosure of lead service lines and lead drinking water hazards to the tenants of residential rental units; prohibits landlords from obstructing replacement of lead service lines; requires the inspection of residential rental units for lead drinking water hazards; and requires the dissemination of additional information concerning the presence of lead service lines and the risks associated with lead in drinking water.
Under the bill, a landlord would be required to provide each tenant with a Lead In Drinking Water Disclosure before entering into a lease or renewal agreement. At a minimum, this disclosure would be required to include the following information:
(1) an acknowledgment that the property is serviced by a lead service line or service line of unknown composition if known by the landlord;
(2) an acknowledgment that the property may be serviced by a lead service line or interior lead plumbing if the property was constructed before 1986;
(3) a copy of any citation or formal notice received by the landlord within the previous three years for the failure to comply with any requirement of law or regulation concerning the presence of lead in drinking water;
(4) a copy of the results of any tests conducted within the previous three years concerning the presence of lead in the drinking water supplied to any unit within the property;
(5) 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 property is located;
(6) a copy of, or instructions for accessing, the educational materials developed by the Department of Health concerning the health risks associated with lead in drinking water; and
(7) any other information that the Commissioner of Community Affairs may deem necessary.
However, a landlord would not be required to provide the Lead In Drinking Water Disclosure if the rental unit is: (1) located in a residential rental property that was constructed after 1986; (2) located in a property that is serviced by a lead-safe service line, as certified by the public water system pursuant this bill; or (3) a seasonal rental unit.
A landlord who violates these requirements, or who knowingly misrepresents any information contained in the disclosure, would be subject to a fine of not more than $5,000 for each offense.
Under the bill, the Department of Health, in consultation with the Department of Environmental Protection, would be required to develop educational materials concerning the health risks associated with lead in drinking water, including protective measures for minimizing the potential exposure to lead in drinking water. This information would be posted on the Internet websites of the Department of Health and Department of Community Affairs and would be included in the Lead In Drinking Water Disclosure required under the bill.
The Department of Community Affairs is currently required to maintain a lead-safe housing registry. This housing registry includes information concerning the lead-safe status of certain multifamily housing, single-family housing, and two-family housing units within the State.
Under the bill, the housing registry would also be required to include information concerning the address of every residential rental property in the State that is serviced by a lead-safe service line, lead service line, and service line of unknown composition, respectively. To assist the department in gathering this information, the bill requires each public community water system to provide the Commissioner of Community Affairs with its most recent service line inventory, which inventory is required to be conducted under P.L.2021, c.183 (C.58:12A-40 et seq.).
The law currently requires that public community water systems conduct service line inventories to determine the existence or absence of lead service lines, and, thereafter, replace existing lead service lines.
This bill would prohibit an owner or operator of a residential rental property from obstructing the efforts of a public community water system to replace a lead service line by denying access to the property owner-side of the lead service line or other means. Notably, the bill conditions residential lease agreements on the landlord's commitment not to obstruct these efforts. Specifically, the bill provides that if a landlord obstructs the replacement of a lead service line, a tenant's lease agreement would remain in effect; however, the tenant would be allowed to terminate the agreement any time thereafter without incurring any charge or penalty otherwise imposed under the agreement for such termination.
If a landlord obstructs the replacement of a lead service line, the bill also requires the public community water system to notify the chief executive officer of the host municipality, as well as each customer and non-paying consumer serviced by the lead service line.
In addition, the law currently provides that , every single-family, two-family, and multiple rental dwelling be regularly inspected for lead-based paint hazards. In general, these inspections are required to be conducted at tenant turnover or after every three years, whichever is earlier.
This bill would expand these inspections to include inspections for lead drinking water hazards. When conducting these inspections, a water sample would be taken from each drinking water outlet in the unit. Thereafter, the water samples would be tested in accordance with sampling and testing methods approved by the Department of Environmental Protection.
However, the bill provides that a residential rental property may be exempt from these inspection requirements if the property is: (1) located in a residential rental property that was constructed after 1986; or (2) serviced by a lead-safe service line, as determined by the public community water system pursuant to P.L.2021, c.183 (C.58:12A-40 et seq.).
