Establishes two-year pilot program to address antibiotic-resistant bacteria and genes in State water systems; appropriates $3 million.

S3745

SENATE, No. 3745

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 5, 2026

Sponsored by:

Senator� ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Co-Sponsored by:

Senator Diegnan

SYNOPSIS

���� Establishes two-year pilot program to address
antibiotic-resistant bacteria and genes in State water systems; appropriates $3
million.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning antibiotic-resistant bacteria and genes in
State water systems, supplementing Title 58 of the Revised Statutes, and making
an appropriation.

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

���� 1.��� As used in sections 1
through 6 of this act:

����
�Antibiotic-resistant
bacteria� or �ARB� means single-celled organisms that develop the ability to
defeat the drugs designed to eradicate them.

���� �Antibiotic-resistant genes�
or �ARG� means genetic material that develops the ability to defeat the drugs
designed to eradicate it.

���� �Biosensor systems� means a
system that detects and transforms responses, changes, or interactions in
biological specimen for use as measurable data.

���� �Department� means the
Department of Environmental Protection.

���� �Metagenomic sampling� means a
culture-independent sampling method that allows the identification and
characterization of the microbial composition and interactions of a substance.

���� �Microfluidic devices� means
systems that manipulate fluids at minimal scales to detect the physical and
chemical properties of fluids or viscous substances.

���� �Polymerase chain reaction� or
�PCR� means the technique used to amplify or copy small segments of DNA.

���� "Public community water
system" means the same as the term is defined in section 2 of P.L.2021,
c.183 (C.58:12A-41).

�����������

����
2.��� a.� The Department of Environmental Protection,
Department of Health, and New Jersey Infrastructure Bank, shall collaboratively
implement a two-year pilot program to detect, monitor, and eradicate
antibiotic-resistant bacteria and antibiotic-resistant genes at the following
sites:

���� (1) wastewater treatment
plants, treatment works, or

public community water
systems
treating more than 10 million gallons of water
per day
;

���� (2) hospitals with more than
100 beds or with high patient volume and turnover;

���� (3) surface waters, such as
rivers, lakes, ponds, and wetlands;

���� (4) agricultural areas;

���� (5) sediments near effluent
discharge points; and

���� (6) groundwater aquifers in
vulnerable areas identified by historical contamination data or environmental
risk.

���� b.� The pilot program may
utilize biosensors, microfluidic devices, or automated metagenomic sampling
units in order to detect and monitor ARBs and ARGs.�

���� c.� The pilot program may
include water, sediment, and biofilm testing, measuring in each sample both
ARBs and ARGs.

���� d.� The department shall
establish a water system testing and sampling schedule, to provide that:

���� (1)
wastewater
treatment plants, treatment works, public community water systems, waterway
sites, or other water systems
with no more than one detection instance of
ARB or ARG within the previous 90 days are tested with a monthly sampling
frequency; and

���� (2) wastewater treatment
plants, treatment works, public community water systems, waterway sites, or
other water systems with more than one detection of ARB or ARG within the
previous 90 days are tested with a weekly sampling frequency.� The department
shall continue the established sampling frequency until the tested site has
achieved no presence of ARB or ARG for at least the previous 90 consecutive
days.

���� e.� The department shall
require all sites tested through the pilot program to report ARB and ARG
testing results quarterly.� The department shall conduct annual water system
audits and inspections to ensure adherence to sampling and testing standards.

���� f.� Unless otherwise
authorized by the Governor and the Legislature pursuant to section 6 of this
act, the pilot program shall end at the conclusion of two years.�

���� 3.��� a.� Through the pilot
program established pursuant to section 2 of this act:

���� (1) The Department of
Environmental Protection shall:

���� (a) upload results from the
ARG and ARB pilot program to a centralized Internet site and database, to be
known as �The New Jersey ARB and ARG in Water Systems Database;�

���� (b)� issue alerts to all
residents of a municipality in the event a wastewater treatment plant,
treatment works, public community water systems, waterway site, or other public
community water system receives testing results indicating the presence of ARBs
or ARGs;

(c)�� require all
individuals conducting ARB and ARG testing to complete an operator training
course, to be developed and administered by the department, on an annual basis;
and

���� (d)� verify compliance of all
persons licensed to conduct ARB and ARG testing with the training requirements
through an annual audit and renewal process;

(2) The Department
of Health shall:

(a) cross-reference
data with hospital and pharmaceutical facility information in order to ensure
comprehensive coverage following standardized sampling protocols.

���� (b)� develop and publish research
on the association between environmental ARB and ARG exposure and
neurodegenerative diseases.�

���� b.��� Through the pilot
program established pursuant to section 2 of this act, the department and the
Department of Health shall require all hospitals exceeding 100 beds or
discharging more than 0.5 million gallons of water per day to
install advanced water and wastewater treatment
technologies
, including, but not limited to, membrane bioreactors, UV
disinfection systems, ozone systems, or other department approved systems.� The
department may authorize these hospital sites to conduct ARB and ARG testing
through a third party, non-State contractor, provided that the hospital site
has attained non-detection of ARB and ARG for at least 90 consecutive days
prior to testing, and provided that all other sampling and testing compliance
and monitoring requirements established by the department are met.� The
department shall regulate hospital systems� compliance with all ARB and ARG
testing conducted pursuant to this section.

���� 4.��� Through the pilot
program established pursuant to section 2 of this act, the department shall
enforce phased performance standards for ARB and ARG reduction at public water
utilities, wastewater treatment plants, and other public community water
systems, requiring a minimum standard of 90 percent reduction in incidence of
ARB and ARG across all State water systems.� The performance standards shall be
enforced in phases over two years of the pilot program, with each phase eight
months in duration:

���� a.� Phase one shall certify
the attainment of ARB and ARG performance standards at public water utilities,
wastewater treatment plants, and water systems servicing a population of
greater than 10,000;

���� b. Phase two shall certify the
attainment of ARB and ARG performance standards at public water utilities, wastewater
treatment plants, and water systems servicing a population between 3,300 and 10,000;
and

����
c. Phase
three shall certify the attainment of ARB and ARG performance standards at public
water utilities, wastewater treatment plants, and public community water
systems servicing a population of fewer than 3,300.

���� 5.��� The department shall
establish and disseminate protocols and standards specifying the approved
sampling technologies, testing systems, and monitoring protocols necessary to
implement this act.

���� 6.��� The department, in
consultation with the Department of Health and the New Jersey Infrastructure
Bank, shall annually report to the Governor, and to the Legislature, pursuant
to section 2 of P.L.1991, c.164 (C.52:14-19.1), such information as is necessary
to assess the success of the pilot ARG and ARB detection program.� The report
shall also provide the opinions of the Commissioners of Environmental
Protection and Health as to whether the pilot program should be continued and,
if so, recommendations for further improvement and implementation.�

���� 7.��� There is appropriated
from the General Fund to the Department of Environmental Protection the sum of
$1,000,000 to implement sections 2 through 6 of this act.� There is
appropriated from the General Fund to the Department of Health the sum of
$500,000 to implement sections 2,3, and 6 of this act.� There is appropriated
from the General Fund to the New Jersey Infrastructure Bank the sum of
$1,500,000 to administer grants and loans to meet the objectives of sections 2
and 6 of this act.

���� 8.��� The Commissioner of
Environmental Protection, in consultation with the Commissioner of Health and
the Executive Director of the New Jersey Infrastructure Bank, shall, in
accordance with the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement
this act.

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

STATEMENT

���� This bill would require the Department
of Environmental Protection (DEP), Department of Health (DOH), and New Jersey
Infrastructure Bank, to collaboratively implement a two-year pilot program to
detect, monitor, and eradicate antibiotic-resistant bacteria (ARB) and
antibiotic resistant genes (ARG) at (1) wastewater treatment plants, public
water utilities, and other water treatment systems treating more than 10
million gallons of water per day; (2) certain hospitals; (3) surface waters;
(4) agricultural areas; (5) sediments near effluent discharge points; and (6)
groundwater aquifers in vulnerable areas identified by historical contamination
data or environmental risk.� The pilot program may utilize biosensors,
microfludic devices, or automated metagenomic sampling units in order to detect
and monitor ARBs and ARGs.� Under the bill, the department would establish a water
system testing and sampling schedule, with low-risk wastewater treatment
plants, treatment works, water�� utilities, waterway sites, or other water
systems tested with a monthly sampling frequency and high-risk wastewater
treatment plants, treatment works, public water�� utilities, waterway sites, or
other water systems tested with a weekly sampling frequency.� Under the bill,
the DEP would require that all tested sites report ARB and ARG on a quarterly
basis.� All individuals conducting ARB and ARG testing would be required to
complete an operator training course, to be developed and administered by the
DEP, on an annual basis.� Through an annual audit and renewal process, the DEP
would verify fidelity, adherence, and compliance of all persons licensed to
administer ARB and ARG tests to established training standards. The DEP would
also conduct annual water system audits and inspections to ensure sampling and
testing adherence, and issue alerts to all residents of a municipality in which
a public community water systems, water system, or waterway site receives
testing results that indicate the presence of ARB or ARG.

���� Through the pilot program, the
DEP would be directed to upload results from the ARB and ARG detection pilot
program to a centralized Internet site and database, to be known as the �New
Jersey ARB and ARG in Water Systems Database�.�

���� The DOH would cross-reference
all data with hospital and pharmaceutical data in order to ensure comprehensive
coverage following standardized sampling protocols.� The DOH would also be
required to develop and publish research on the association between environmental
ARB and ARG exposure and neurodegenerative diseases.� �

���� Through the pilot program
established pursuant to section 2 of the bill, the DEP and the DOH would
require hospitals exceeding 100 beds or discharging more than 0.5 million
gallons of water per day to install advanced wastewater treatment technologies
to test for the presence of ARB and ARG, authorizing these hospitals to
contract with a third-party, provided that the hospital site has attained
non-detection of ARB and ARG for at least ninety consecutive days prior to
testing, and provided that all compliance and monitoring requirements are met.�
The DEP would also regulate hospital compliance with all ARB and ARG testing
standards.

���� Under the bill, the DEP would
enforce phased performance standards for ARB and ARG reduction at public water utilities,
wastewater treatment plants, and other water systems, requiring a minimum
standard of 90 percent reduction in the incidence of ARB and ARG across all
State water systems.� The performance standards would be enforced in phases
over two years of the pilot program, with each phase eight months in duration.�
Phase one would certify attainment of ARB and ARG performance standards at
public water utilities, wastewater treatment plants, and water systems
servicing a population of greater than 10,000; phase two would certify the
attainment of performance standards at public water utilities, wastewater
treatment plants, and water systems servicing a population between 3,300 and
10,000; and phase three would certify the attainment of ARB and ARG performance
standards at water utilities, wastewater treatment plants, and water systems
servicing a population of fewer than 3,300.�

���� The DEP would be authorized,
in collaboration with the State Infrastructure Bank�s Water Bank, to distribute
grants, loans, and cost sharing programs for the pilot program.� The DEP, DOH,
and Infrastructure Bank would receive a collective appropriation of $3 million
to implement the provisions of this bill.� In addition to submitting annual
reports on the pilot program, the DEP, DOH, and the Infrastructure Bank would
advise the Governor and the Legislature on the continuation of the pilot
program, and recommendations for improvement.