A574

An Act concerning funding for the remediation of perfluoroalkyl and polyfluoroalkyl substances contamination and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Department” means the Department of Environmental Protection.

“Fund” means the “PFAS Settlement Remediation Fund” established pursuant to subsection b. of this section.

“Local government unit” means a county, a municipality, or any board, commission, committee, authority, or agency thereof that is subject to the provisions of the “Local Public Contracts Law,” P.L.1971, c.198 (C.40A:11-1 et seq.), including a housing authority or redevelopment agency created or continued under the “Local Redevelopment and Housing Law,” P.L.1992, c.79 (C.40A:12A-1 et seq.).

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).

b. The Department of Environmental Protection shall establish an interest-bearing escrow account, to be known as the “PFAS Settlement Remediation Fund.” The fund shall be administered by the department and shall be credited with all monies received by the State from any settlement or judgement between the department and the 3M Company concerning PFAS contamination.

c. Monies in the fund shall be dedicated and used by the department only for the following uses:

(1) to purchase filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination in the State; and

(2) to reimburse local government units for the purchase of filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination.

d. The department shall establish a process for local government units to submit receipts for the purchase of filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination. The department shall establish a process for approving receipts submitted by local government units pursuant to this subsection and for providing reimbursements to the local government units, subject to the availability of monies in the fund.

e. The department shall prepare and submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the expenditure of the monies in the fund, including a detailed breakdown of amount of monies spent during the year by the department to:

(1) purchase filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination in the State; and

(2) reimburse local government units for the purchase of filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination.

f. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary for the implementation of the provisions of this section.

2. This act shall take effect immediately.

STATEMENT

This bill would direct the Department of Environmental Protection (department) to establish an interest-bearing escrow account, to be known as the “PFAS Settlement Remediation Fund” (fund). The fund would be required to be administered by the department and would be credited with all monies received by the State from any settlement or judgement between the department and the 3M Company concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) contamination.

Monies in the fund are required to be used by the department only: (1) to purchase filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination in the State; and (2) to reimburse local government units for the purchase of filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination.

The bill would also require the department to establish a process for local government units to submit receipts for the purchase of filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination. In addition, the department would be required to establish a process for approving receipts submitted by local government units and for providing reimbursements to the local government units, subject to the availability of monies in the fund.

Finally, the bill would require the department to prepare and submit an annual report to the Governor and Legislature on the expenditure of the monies in the fund, including a detailed breakdown of amount of monies spent during the year by the department to: (1) purchase filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination in the State; and (2) reimburse local government units for the purchase of filtration systems, filter replacements, or any other equipment necessary to remove PFAS in drinking water or to remediate other PFAS contamination.