Requires DEP to establish maximum contaminant level for certain perfluoroalkyl and polyfluoroalkyl substances in drinking water and establish private well testing program.

S4468

SENATE, No. 4468

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 15, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Requires DEP to establish maximum contaminant level
for certain perfluoroalkyl and polyfluoroalkyl substances in drinking water and
establish private well testing program.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the presences of perfluoroalkyl and
polyfluoroalkyl substances in drinking water and supplementing P.L.1977, c.224
(C.58:12A-1).

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

���� 1.� As used in this act:

���� �EPA� means the United States
Environmental Protection Agency.

���� �Perfluoroalkyl and
polyfluoroalkyl substances� or �PFAS� means the same as that term is defined in
section 3 of P.L.2025, c.202.

���� 2.� a.� No later than 12
months after the effective date of this act, the department shall adopt
drinking water standards for PFAS that are consistent with the EPA�s National
Primary Drinking Water Regulations promulgated under the federal �Safe Drinking
Water Act,� (42 U.S.C. s.300f et seq.), as in effect on January 1, 2026. �The
maximum contaminant levels adopted shall be as follows:

���� (1) 4.0 parts per trillion for
maximumperfluorooctanoic acid (PFOA);

���� (2) 4.0 parts per trillion for
perfluorooctane sulfonic acid (PFOS);

���� (3) 10 parts per trillion for
perfluorohexanesulfonic acid (PFHxS);

���� (4)
10
parts per trillion
for
perfluorononanoic acid (PFNA); and

���� (5) 10 parts per trillion
for
hexafluoropropylene oxide dimer acid (HFPO-DA).

���� b.� In adopting the drinking
water standards pursuant to subsection a. of this section, the department shall
also establish hazard index requirements for other regulated PFAS compounds
that are identified in EPA�s National Primary Drinking Water Regulations promulgated
under the federal �Safe Drinking Water Act,� (42 U.S.C. s.300f et seq.).

���� 3.� a.� No later than 12
months after the effective date of this act, the department shall establish and
implement a �Private Well Testing Program� for the purpose of improving access
to, and providing financial assistance for, the testing of private wells for PFAS
in the State.� In implementing the program, the department shall, at a minimum:

���� (1) identify households or
other buildings within the State that have private wells that require testing
for PFAS and offer testing for PFAS of those private wells;

���� (2) provide financial
assistance for the testing of private wells for PFAS;

���� (3) develop educational
materials concerning PFAS contamination in drinking water, including effective
methods to remediate PFAS contamination from private wells;

���� (4) publish information
related to the private well testing program on the department�s Internet
website; and

���� (5) establish and maintain a
database that contains information on the locations of private wells that were
tested for PFAS and found to be contaminated for PFAS.

���� b.� No later than one year
after the implementation of the private well testing program pursuant to
subsection a. of this section, and annually thereafter, the department shall
prepare and submit a report to the Governor and to the Legislature, pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1), evaluating the effectiveness of
the program.� The report shall contain, at a minimum:

���� (1) the number private wells
tested for PFAS during the preceding year;

���� (2) the locations of the
private wells tested for PFAS during the preceding year;

���� (3) information related to any
geographic locations where PFAS contamination was found to be significantly
higher than in other regions of the State;

���� (4) the total amount of funds
from the �Private Well Testing Assistance Fund,� established pursuant to
section 4 of this act, used to conduct testing of private wells for PFAS during
the preceding year;

���� (5) the total amount of funds
from the �Private Well Testing Assistance Fund,� established pursuant to
section 4 of this act, used to provide remediation assistance, including the
installation of drinking water filtration systems, to individuals whose private
wells were found to be contaminated with PFAS; and

���� (6) any recommendations to
modify the program to make the program more effective.

���� 4.� a.� The �Private Well
Testing Assistance Fund,� hereinafter referred to as the �fund,� is hereby
established as a nonlapsing, revolving fund in the department.� Monies in the
fund shall be invested in permitted investments or shall be held in
interest-bearing accounts in those depositories as the State Treasurer may
select, and may be invested and reinvested in permitted investments or as other
trust funds in the custody of the State Treasurer in the manner provided by
law.

���� b.� Monies in the fund shall
be used only to implement the �Private Well Testing Program,� established
pursuant to section 3 of this act, including the following purposes:

���� (1) to improve access to, and
provide financial assistance for, testing of private wells for PFAS in the
State; and

���� (2) subject to the
availability of funding, to provide remediation assistance to individuals whose
private wells were found to be contaminated with PFAS, including the
installation of drinking water filtration systems.

���� c.� The fund shall be
administered by the department and may be credited with monies received by the
State from any settlement or judgment between the department and the 3M
Company, or any other company, concerning PFAS contamination.

���� d.� The Legislature shall
annually appropriate monies to the fund in the annual appropriations act to
ensure that the department has the funding necessary to effectuate the purposes
of subsection b. of this section.

���� 5.� The department shall
adopt, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), rules and regulations as necessary to effectuate the
purposes of this act.

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

STATEMENT

���� This bill would require the
Department of Environmental Protection (department), within 12 months of the
bill�s effective date, to adopt drinking water standards for perfluoroalkyl and
polyfluoroalkyl substances (PFAS) that are consistent with the United States
Environmental Protection Agency�s (EPA) National Primary Drinking Water
Regulations promulgated under the federal �Safe Drinking Water Act,� (42 U.S.C.
s.300f et seq.), as those regulations stood as of January 1, 2026.

���� Specifically, the department
would be required to adopt the following maximum contaminant levels: (1) 4.0
parts per trillion for maximumperfluorooctanoic acid (PFOA); (2) 4.0 parts per
trillion for perfluorooctane sulfonic acid (PFOS); (3) 10 parts per trillion
for perfluorohexanesulfonic acid (PFHxS); (4) 10 parts per trillion for
perfluorononanoic acid (PFNA); and (5) 10 parts per trillion for
hexafluoropropylene oxide dimer acid (HFPO-DA).

���� In adopting the drinking water
standards, the department would also be required to establish hazard index
requirements for other regulated PFAS compounds that are identified in EPA�s
National Primary Drinking Water Regulations.

���� The bill would also require
the department, no later than 12 months after the bill�s effective date, to
establish and implement a �Private Well Testing Program� for the purpose of
improving access to, and providing financial assistance for, the testing of
private wells for PFAS in the State.� In implementing the program, the
department would be required to, at a minimum:(1) identify households or other
buildings within the State that have private wells that require testing for
PFAS and offer testing for PFAS of those private wells; (2) provide financial
assistance for the testing of private wells for PFAS; (3) develop educational
materials concerning PFAS contamination in drinking water, including effective
methods to remediate PFAS contamination from private wells; (4) publish
information related to the private well testing program on the department�s
Internet website; and (5) establish and maintain a database that contains
information on the locations of private wells that were tested for PFAS and
found to be contaminated for PFAS.

���� Finally, the bill would
establish the �Private Well Testing Assistance Fund� within the department,
which would be authorized to be credited with monies received by the State from
any settlement or judgment between the department and the 3M Company, or any
other company, concerning PFAS contamination.� Monies in the fund would be
required to be used to implement the Private Well Testing Program, including
improving access to, and providing financial assistance for, testing of private
wells for PFAS in the State and subject to the availability of funding, providing
�remediation assistance to individuals whose private wells were found to be
contaminated with PFAS, including the installation of drinking water filtration
systems.� The Legislature would be required to annually appropriate monies to
the fund in the annual appropriations act to ensure the department has the
funding necessary to effectuate the bill�s purposes.