Bill Text: NJ S4237 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires certain residential developers to replace lead service lines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-11-18 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S4237 Detail]
Download: New_Jersey-2018-S4237-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Requires certain residential developers to replace lead service lines.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the replacement of lead service lines and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Whenever a municipality provides a benefit to a developer of residential property, the grant of the benefit shall be conditioned upon the developer's agreement:
(1) to retain an independent professional to determine whether the water service line connecting the distribution main to the property is a lead service line; and
(2) if an independent professional determines a water service line to be a lead service line, to replace the lead service line.
b. As used in this section:
"Benefit" means a financial incentive, which may include but not limited to, a tax abatement, tax exemption, special assessment, or bond issuance.
"Developer" means the legal or beneficial owner or owners of property proposed to be developed or redeveloped in whole or in part for residential purposes, including the holder of an option or contract to purchase the property, a person having an enforceable proprietary interest in the property, and a lender or investor in the development or redevelopment of the property.
"Service line" means the pipe, tubing, and fittings connecting a water main to an individual water meter or service connection.
c. The Commissioner of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this section, which shall include a determination of the financial incentives to be included in the term "benefit," as defined in this section, and the qualifications that a professional shall possess in order to determine the presence of a lead service line.
d. An enforcing agency shall not issue a certificate of occupancy for property that is subject to this section unless the developer submits to the enforcing agency proof that either an independent professional has determined that the water service line is not a lead service line, or that a lead service line has been replaced.
2. This act shall take effect immediately and be applicable to the issuance of certificates of occupancy after the adoption of rules and regulations effectuating the purposes of this act.
STATEMENT
This bill would require developers of residential property that are provided financial incentives or other benefits from a municipality to determine whether water service lines to the property contain lead and to replace lead service lines as a condition of receiving the benefit. If a property is subject to the bill's provisions, the developer of the property would be required to submit to the construction code enforcing agency proof that either an independent professional has determined that the water service line is not a lead service line, or that a lead service line has been replaced. If the developer fails to do so, the bill would prohibit a construction code enforcing agency from issuing a certificate of occupancy for the property.
