S3179

An Act concerning certain notifications for elevated perfluoroalkyl or polyfluoroalkyl substances levels in drinking water 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. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

"Landlord" means the same as that term is defined in section 2 of P.L.1975, c.310 (C.46:8-44).

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"PFAS maximum contaminant level" means the applicable maximum contaminant level for PFAS, or a category or type of PFAS, in drinking water established by the department pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.).

2. a. A public water system that exceeds a PFAS maximum contaminant level shall provide a written notice, in a letter addressed to “resident” or “property owner/tenant,” by regular mail, to both the service address and the mailing address of all customers served by the public water system, including all 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 shall be sent as soon as practicable, but no later than 10 calendar days after the public water system confirms that there has been an exceedance of the PFAS maximum contaminant level and the written notice has been approved by the department. The written notice shall:

(1) clearly state that the public water system is in exceedance of the PFAS maximum contaminant level;

(2) explain what the PFAS maximum contaminant level is and the measurement process that the public water system is required to perform to monitor drinking water for PFAS;

(3) provide additional information on the possible sources of PFAS in drinking water, the health effects of drinking water with elevated levels of PFAS, and measures a consumer can take to reduce or eliminate PFAS in drinking water;

(4) provide information to direct the consumer to the educational program developed by the department pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), including a link to the department’s Internet website where the educational resources are located; and

(5) state, in easily legible type, the responsibility of a landlord to distribute the written notice to every tenant pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The notice required pursuant to this section shall be in addition to any notice requirements under federal or State law.

c. A public water system shall provide monthly written notifications to all customers served by the public water system where an exceedance of a PFAS maximum contaminant level has been found. The monthly written notifications shall continue until there is no longer an exceedance of the PFAS maximum contaminant level. The monthly written notifications shall include, at a minimum:

(1) an update on the current status of the remediation process along with an estimate of the time until the remediation process will be completed; and

(2) any information on what work, if any, has been done to remediate or treat the contaminated drinking water supply.

3. a. When a landlord receives any notice or health and safety information from a public water system concerning the presence of PFAS in drinking water, including, but not limited to, the written notice submitted pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and any follow-up monthly written notifications pursuant to subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the landlord shall:

(1) distribute, by any means including by electronic mail, the notice or information, as soon as practicable, but no later than threebusiness days after receipt, to every tenant who has entered into a lease agreement with the landlord and whose dwelling unit is served by the public water system; and

(2) post the notice or information, as soon as practicable, but no later than three business days after receipt, in a prominent location at the entrance of each rental premises that is owned by the landlord and served by the public water system, except that this requirement shall not apply in the case of single-family dwellings that do not have a common area.

b. The requirements of subsection a. of this section shall not apply to a landlord when a tenant is a direct customer of the public water system and is billed directly by the public water system.

c. When a public water system provides any notice or information to its customers concerning the presence of PFAS in drinking water, the public water system shall include a statement, printed in easily legible type, explaining the requirements set forth in subsection a. of this section.

4. a. No later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall establish and implement an educational program concerning PFAS in drinking water. The program shall, at a minimum:

(1) educate the general public on the subject of PFAS and its environmental and health impacts;

(2) provide informational resources specific to PFAS in drinking water, including:

(a) an explanation of how PFAS can contaminate drinking water;

(b) the potential risks associated with PFAS in drinking water,

(d) preventative measures that can be taken to prevent an exceedance of PFAS in drinking water; and

(3) provide any other information and efforts that are determined by the department to be beneficial in educating the public on the presence of PFAS in drinking water.

b. The educational program established pursuant to this section shall be published on the department’s Internet website and updated annually.

5. This act shall take effect immediately.

STATEMENT

This bill would require public water systems to provide notice of elevated perfluoroalkyl and polyfluoroalkyl substances (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 (DEP) to establish an educational program concerning the presence of PFAS in drinking water.

Specifically, a public water system that exceeds a PFAS maximum contaminant level (MCL) would be required to provide a written notice to all customers served by the public water system, including all 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 as soon as practicable, but no later than 10 calendar days after the public water system confirms that there has been an exceedance of the PFAS MCL.

As defined in the bill, “PFAS” means any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom and “PFAS maximum contaminant level” means the applicable maximum contaminant level for PFAS, or a category or type of PFAS, in drinking water established by the DEP pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.).

The written notice to be sent by a public water system would be required to: (1) clearly state that the public water system is in exceedance of the PFAS MCL; (2) explain what the PFAS MCL is and the measurement process that the public water system is required to perform to monitor drinking water for PFAS; (3) provide additional information on the possible sources of PFAS in drinking water, the health effects of drinking water with elevated levels of PFAS, and measures a consumer can take to reduce or eliminate PFAS in drinking water; (4) provide information to direct the consumer to the educational program developed by the DEP pursuant to section 4 of the bill including a link to the DEP’s Internet website where the educational resources are located; and (5) state, in easily legible type, the responsibility of a landlord to distribute the written notice to every tenant pursuant to section 3 the bill.

The bill would also require public water systems to provide monthly written notifications to all customers served by the public water system where an exceedance of the PFAS MCL has been found. The monthly written notifications would be required to continue until there is no longer an exceedance of the PFAS MCL. The monthly written notifications would be required to include, at a minimum: (1) an update on the current status of the remediation process along with an estimate of the time until the remediation process will be completed; and (2) any information on what work, if any, has been done to remediate or treat the contaminated drinking water supply.

Under the bill, when a landlord receives any notice or health and safety information from a public water system concerning the presence of PFAS in drinking water, the landlord would be required to: (1) distribute, by any means including by electronic mail, the notice or information, as soon as practicable, but no later than threebusiness days after receipt, to every tenant who has entered into a lease agreement with the landlord and whose dwelling unit is served by the public water system; and (2) post the notice or information, as soon as practicable, but no later than three business days after receipt, in a prominent location at the entrance of each rental premises that is owned by the landlord and served by the public water system, except in single-family dwellings that do not have a common area.

The bill would also require the DEP, no later than one year after the bill’s effective date, to establish and implement an educational program concerning PFAS in drinking water. The program would be required to: (1) educate the general public on the subject of PFAS and its environmental and health impacts; (2) provide informational resources specific to PFAS in drinking water; and (3) provide any other information and efforts that are determined by the DEP to be beneficial in educating the public on the presence of PFAS in drinking water. The DEP would be required to publish the educational program to their Internet website and update it annually. PFAS are man-made chemical compounds that have multiple fluorine atoms bonded to a chain of carbon atoms. Since the 1930s, PFAS have been widely used in countless consumer products because they repel oil, water, and grease. The carbon-fluorine bond that forms PFAS is one of the strongest chemical bonds found in nature and does not break down under typical environmental conditions. As a result, the presence of PFAS in the environment is widespread. There are over 12,000 different types of PFAS, and new types are continually being developed and used in commerce.

PFAS can enter drinking water through industrial release to water, air, or soil; discharges from sewage treatment plants; land application of contaminated sludge; leaching from landfills; and use of certain fire-fighting foams. Exposure to PFAS in drinking water is primarily through ingestion of the contaminated water and ingestion of food prepared with the contaminated water. Exposure to PFAS in drinking water can lead to adverse health effects and can be especially harmful to infants and children.

Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) were first developed in the 1940’s and are the two most commonly found PFAS in the environment and are also the two most studied and regulated PFAS. In 2018, the DEP adopted amendments to its Safe Drinking Water Act regulations to establish drinking water standards for another common PFAS, perfluorononanoic acid (PFNA), at a MCL of 13 parts per trillion. In 2020, the DEP adopted additional drinking water standards for PFOA at a MCL of 14 parts per trillion and for PFOS at a MCL of 13 parts per trillion.