Requires public water systems to provide certain notice of boil water notices.

A1038

ASSEMBLY, No. 1038

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

SYNOPSIS

���� Requires public water systems to provide certain
notice of boil water notices.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning certain notifications by public water systems regarding boil water
notices, amending P.L.2019, c.279, 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.��� Section 1 of P.L.2019,
c.279 (C.58:12A-8.2) is amended to read as follows:

���� 1.��� a.� Whenever any public
water system experiences an emergency or other condition that requires the
issuance of a boil water notice, the owner or operator of the public water
system shall provide notice
that a boil water notice is in effect
to
:

����
(1)
the mayor
, or
other governing body, as applicable,
and municipal clerk, or an authorized
designee, of each affected municipality that receives water from the public
water system
[
that
a boil water notice is in effect
]
;

����
(2) the affected customers
, provided that such notice shall not be required
until 90 days after the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill); and

����
(3)
the chief administrator of every school district, charter school, and nonpublic
school located within each municipality served by the public water system
.

���� b.��� The notice required
pursuant to
paragraph (1) of
subsection a. of this section shall be:

���� (1)� provided as soon as
possible, but in no case later than one hour after the public water system
learns of the emergency or other condition;

���� (2)� given via both telephone
and electronic mail; and

���� (3)� issued in addition to any
other notice required by State or federal law.

����
The notices required to be
given to affected customers
and chief
administrators of school districts, charger schools, and nonpublic schools
pursuant
to paragraphs (2) and (3) of subsection a. of this section shall be given as
soon as possible, but in no case later than 24 hours after the public water
system learns of the emergency or other condition that required the issuance of
the boil water notice.� The owner or operator of the public water system shall
notify its customers via the preferred means of direct contact for each
customer as provided pursuant to section 2 of P.L.��� , c.��� (C.������ )
(pending before the Legislature as this bill).

���� c.��� The
[
notice
]

notices

provided pursuant to subsection a. of this section shall contain:

���� (1)� the name of the public
water system affected;

���� (2)� the geographical area
affected;

���� (3)� the date of the
occurrence giving rise to the boil water notice;

���� (4)� the consumer corrective
measures to be taken by consumers of the
public

water
system
; and

���� (5)� a telephone number where
the mayor, the municipal clerk, or an authorized designee, and customers may
reach an appropriate party to whom questions or other concerns about the boil
water notice or the situation necessitating issuance of the notice may be addressed.

���� d.��� Upon rescission of the
boil water notice, the owner or operator of the public water system shall
provide
[
notice
]

notices

to the mayor,
or other governing body, as applicable, and
municipal
clerk, or an authorized designee
,
of each affected municipality that
receives water from the public water system
,
and the chief administrator of every school district, charter school, and
nonpublic school located within each municipality served by the public water
system,
via both telephone and electronic mail, and to the affected
customers via the preferred means of direct contact for each customer as
provided pursuant to section 2 of P.L. , c. (C. )
(pending before the Legislature as this bill),
that the boil water notice
has been rescinded.�
[
This
notice shall be provided via both telephone and electronic mail.
]

���� e.���
The public water
system shall post notice of a boil water notice, and the rescission of a boil
water notice, on any website and social media accounts that the public water
system maintains for the public or its customers.

����
f.
� For the purposes of
this section:

���� �Boil water notice� means a
Tier 1 Public Notice required pursuant to the United States Environmental
Protection Agency�s National Primary Drinking Water Regulations at Part 141,
subpart Q of title 40, Code of Federal Regulations.

���� �Public transient noncommunity
water system� means a public water system that is not a public community water
system or a public nontransient noncommunity water system and that serves at
least 25 transient individuals for at least 60 days in any given calendar year.

���� �Public water system� means
the same as the term is defined in section 3 of P.L.1977, c.224 (C.58:12A-3),
except that it shall not include a public transient noncommunity water system.

(cf: P.L.2019, c.279, s.1)

�����
2.�� (New
section)� a.� Within 60 days after the effective date of P.L.��� , c.���
(C.������ ) (pending before the Legislature as this bill), the owner or
operator of the public water system shall include in the water bills issued by
the system for each customer a solicitation for the customer's preferred means
of direct contact from the options made available to each customer by the owner
or operator.� If the system issues its water bills less frequently than every
two months, the solicitation shall be included in the bill next issued
following the effective date of P.L.��� , c.��� (C.������ ) (pending before the
Legislature as this bill).� It shall be the responsibility of the customer to
notify the owner or operator of the public water system of a change in the
preferred method of direct contact provided pursuant to this subsection.

���� b.��� If a customer does not
return the solicitation provided for in subsection a. of this section or
otherwise specify a preferred means of direct contact, and the public water
system has a telephone number on file for the account, the owner or operator of
the public water system shall attempt to notify the customer via telephone or
other means of direct contact, at the discretion of the owner or operator.

���� c.��� A public water system
shall have or acquire the capability to notify its customers by direct contact,
which may include telephone, electronic mail, or text message.

���� d.��� A customer of record
receiving a solicitation provided for in subsection a. of this section on
behalf of two or more units within a multiple dwelling, condominium, or
cooperative shall provide a copy of the solicitation to every unit within the
multiple dwelling, condominium, or cooperative for which the customer is the
customer of record.� As used in this subsection, �multiple dwelling,�
�condominium,� and �cooperative� shall have the same meaning as provided in
section 3 of P.L.1967, c.76 (C.55:13A-3).

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill would require public
water systems to provide certain notices concerning boil water notices.

���� Current law requires a public
water system to provide notice to the mayor and municipal clerk, or authorized
designee, of each affected municipality that receives water from the public
water system when a boil water notice is in effect or rescinded.� Under the
bill, this requirement includes notice to the mayor, or other governing body,
as applicable, and municipal clerk or authorized designee.� This bill also
requires the public water system to notify affected customers, as well as the
chief administrator of every school district, charter school, and nonpublic
school located within each municipality served by the public water system, that
a boil water notice is in effect.� The bill further requires that the public
water system post notice of a boil water notice, as well as the rescission of a
boil water notice, on any website and social media accounts that the public
water system maintains for the public or its customers.

���� The bill requires a public
water system to provide notice that a boil water notice is in effect to
affected customers and chief administrators of school districts, charter
schools, and nonpublic schools as soon as possible, but no later than 24 hours
after the public water system learns of the emergency or other condition that
requires the issuance of the notice.

���� In addition, beginning 60 days
after the bill�s enactment, a public water system is required to include in the
water bills for each customer a solicitation for the customer's preferred means
of direct contact from the options made available to each customer by the owner
or operator.� A public water system is required to acquire the capability to
notify its customers by direct contact, which may include telephone, electronic
mail, or text message.� A customer of record receiving a solicitation on behalf
of two or more units within a multiple dwelling, condominium, or cooperative is
required to provide a copy of the solicitation to every unit within the
multiple dwelling, condominium, or cooperative for which the customer is the
customer of record.