S4856

An Act establishing the Water Conservation and Reuse Study Commission.

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

1. This act shall be known and may be cited as the “Water Conservation and Reuse Study Commission Act.”

2. a. The Legislature finds and declares that:

(1) the State of New Jersey faces ongoing challenges related to water scarcity due to drought conditions and increasing demands on its water resources;

(2) the reliance on new or enhanced surface and groundwater supplies to meet increasing demand should be supplemented by water conservation and the use and reuse of water that is otherwise wasted; and

(3) promoting water conservation and reuse technologies, such as greywater recycling, rainwater catchment systems, and atmospheric water generators, is essential for ensuring a sustainable and secure water future for the State.

b. The Legislature therefore determines that it is in the public interest to establish a commission to study the use of water conservation systems and methods, such as greywater recycling, rainwater catchment systems and atmospheric water generators in the State.

3. As used in this act:

"Atmospheric water generator" means a device that extracts water from ambient air humidity.

"Certified greywater recycling system " means an NSF/ANSI 350-certified greywater recycling system, the effluent from which is used only for subsurface disposal or subsurface irrigation in compliance with State rules and guidelines concerning water recycling and reuse.

"Commission" means the Water Conservation and Reuse Study Commission established pursuant to section 4 of this act.

"Department" means the Department of Community Affairs.

"Greywater" means wastewater which normally does not receive human body wastes or industrial waste and is approved for use by a local health department.

“Greywater recycling system” means a system designed to collect and recycle greywater.

"NSF/ANSI 350-certified" means certified to meet the NSF/American National Standards Institute 350 Water Reuse Systems Certification for onsite residential and commercial greywater recycling systems.

"Rainwater catchment system" means a system designed to collect, store, and distribute rainwater for appropriate use in a residential building, commercial building, or development constructed pursuant to specifications set forth in the National Standard Plumbing Code, Appendix G, G.5.1 et seq and G.7.1 et seq of 2024 or any updates thereto.

"Water conservation and reuse" means the utilization of a rainwater catchment system, a certified greywater recycling system, an atmospheric water generator or another similar system.

4. a. There is established the Water Conservation and Reuse Study Commission. For the purpose of complying with Article V, Section IV, paragraph 1 of the Constitution of the State of New Jersey, the Water Conservation and Reuse Study Commission is allocated to the Department of Community Affairs but shall be independent of the direct control or supervision of the department.

b. The Water Conservation and Reuse Study Commission shall consist of 19 members as follows:

(1) the Commissioner of Community Affairs or a designee, who shall serve ex officio;

(2) the Commissioner of Environmental Protection or a designee, who shall serve ex officio;

(3) the Commissioner of Health or a designee, who shall serve ex officio; and

(4) 16 public members to be appointed by the Governor as follows:

(a) one member representing the Plumbing Subcode Committee of the Uniform Construction Code Advisory Board;

(b) one member representing the Mechanical Contractors Association of New Jersey, appointed by the governor;

(d) one member representing the New Jersey Plumbing Inspectors Association;

(e) one member representing the New Jersey State League of Master Plumbers;

(f) one member representing the South Jersey Mechanical Contractors Association;

(g) one member representing New Jersey plumbing and heating, ventilation, and cooling contractors;

(h) one member representing the International Association of Plumbing and Mechanical Officials;

(i) three members representing organized labor associated with the New Jersey plumbing industry from United Association Local 9, Local 24 and Local 322;

(j) one member representing the New Jersey Builders Association;

(k) one member representing New Jersey realtors;

(l) one member representing the New Jersey chapter of the Commercial Real Estate Development Association; and

(m) two persons with a background or expertise in water conservation or reuse.

c. In appointing members to the commission, the governor shall solicit and consider recommendations from the organizations enumerated in subsection a. of this section.

d. Any vacancy in the membership shall be filled in the same manner as the original appointment was made. Any member may be removed for cause by the Governor. Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties subject to the availability of funds therefor.

e. The commission shall organize as soon as practicable following the appointment of its members to elect a chairperson and to select a secretary, who need not be a member of the commission. The presence of 11 members of the commission shall constitute a quorum. The commission may conduct business without a quorum, but may vote on recommendations only when a quorum is present. The commission may adopt rules of procedure and operation in furtherance of its responsibilities. The commission may meet at the call of its chairperson at the times and in the places it may deem appropriate and necessary to fulfill its duties, and may conduct public hearings at such place or places as it may designate.

f. The commission may divide itself into such subcommittees and task forces as may be appropriate. The subcommittees and task forces may include persons other than members of the commission, such as plumbers or plumbing contractors, engineers, academicians, government officers, environmental groups, representatives of business, or other professionals, and may enter into such cooperative agreements as it deems necessary to accomplish its purposes. Persons serving on task forces who are not members of the commission shall serve at the appointment of the chairperson and shall be non-voting participants in the task forces. The commission may solicit and receive reports and testimony from independent experts, other qualified individuals, and members of the general public.

g. (1) The department shall provide such staff services as may be required by the commission to fulfill its responsibilities.

(2) The commission shall be entitled to call to its assistance and avail itself of the services or employees of any State, county, or municipal department, board, bureau, commission, agency, or authority as it may require and as may be available to it for its purposes; to employ counsel and contract for professional and consulting services; to employ stenographic and clerical assistants; and to incur traveling and other miscellaneous expenses as it may deem necessary, in order to perform its duties, and as may be within the limits of funds appropriated or otherwise made available for its purposes.

5. a. The commission shall:

(1) examine existing State and local policies and programs encouraging or posing impediments to water conservation and reuse;

(2) analyze the benefits of expanding certified greywater recycling systems and other water conservation and reuse technologies in residential and non-residential construction;

(3) measure the effects of implementing water conservation and reuse incentives or requirements on construction costs, consumer savings and public health;

(4) identify and make recommendations concerning opportunities for potential statutory changes or new statutes to be considered for adoption by the Legislature; and

(5) make such other recommendations as the commission deems necessary concerning water conservation and reuse.

b. The commission may:

(1) examine the functions, duties, operations, and programs of local governmental units and review statutes, regulations, ordinances, resolutions, opinions, orders, and agreements that govern water conservation and reuse. In formulating its recommendations, the commission may consider existing statutes and pending and proposed bills and resolutions that provide a means to improve or revise water conservation and reuse programs, and may evaluate current conservation and water reuse programs that have been proposed or implemented in other states and jurisdictions; and

(2) consider:

(a) certain types of structures where rainwater catchment systems may be appropriate. Such structures may include multi-family residential complexes with over 50 units, commercial structures over 10,000 gross square feet, data centers and warehouses over 100,000 gross square feet, hospitals and hotels. Such structures shall not include single family residences or multi-family residences with fewer than 20 units;

(b) the costs and benefits of state or local financial incentives such as tax credits or rebates for the installation of water conservation systems;

(c) the applicability of existing nationally recognized standards and certification programs governing reuse systems, including rainwater harvesting, greywater reuse, and alternate water source systems, and whether the adoption or incorporation of such standards into the New Jersey National Standard Plumbing Code would support safe and scalable implementation; and

(d) the availability and role of certification programs, installer qualifications, and inspection protocols necessary to ensure proper design, installation, and maintenance of water conservation and reuse systems.

c. The commission shall issue an interim report of its progress no later than 12 months following its organization. The commission shall issue a final report of its findings, conclusions, and recommendations no later than 24 months following its organization. Both the interim and final report shall be submitted to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature. The commission shall publish its reports and any documents or information it deems appropriate in a prominent location on the Internet website of the Department of Community Affairs.

6. This act shall take effect immediately and shall expire six months after the date of the final report issued pursuant to section 5 of this act.

STATEMENT

This bill establishes the Water Conservation and Reuse Study Commission (commission). The commission is allocated to the Department of Community Affairs but is to be independent of the direct control or supervision of the department.

Under the bill, the commission is required to:

(1) examine existing State and local policies and programs encouraging or posing impediments to water conservation and reuse;

(2) analyze the benefits of expanding water conservation and reuse technologies in residential and non-residential construction;

(3) measure the effects of implementing water conservation and reuse incentives or requirements on construction costs, consumer savings and public health;

(4) identify and make recommendations concerning opportunities for potential statutory changes or new statutes to be considered for adoption by the Legislature; and

(5) make such other recommendations as the commission deems necessary concerning water conservation and reuse.

The commission is to consist of 19 members, including the Commissioner of Community Affairs, the Commissioner of Environmental Protection, and the Commissioner of Health, as well as 16 public members appointed by the Governor.

The commission is required to issue a final report of its findings, conclusions, and recommendations no later than 24 months following its organization, and to publish its reports and any documents or information it deems appropriate in a prominent location on the Internet website of the Department of Community Affairs.