New Jersey Requires Testing and Disclosure of Lead in Water Systems

New Jersey has enacted new requirements around testing and disclosure of lead in public water systems.

The new law (A2929/S1034) requires landlords to report information about the known or potential presence of lead in drinking water to tenants of residential units and deters landlords from obstructing the replacement of lead pipes. It also requires public water systems to conduct lead water tests at the request of occupants at no charge.

The law allows tenants to terminate their lease at no charge or penalty if the landlord denies access to a lead service line for replacement at the property.

The state health, community affairs, and environmental protection departments are required to inform consumers about health risks associated with lead in drinking water and ways to minimize exposure. The state will also prepare a model disclosure statement.

The measure builds upon existing legislation requiring public community water systems to replace all lead service lines in their distribution systems by 2031. Over the past four years, New Jersey has replaced 22,007 lead service lines. The state has a total of 135,547 lead service lines and 872,942 service lines of unknown materials.

While the federal government banned the use of lead in service lines and other plumbing in 1986, removing the material is an ongoing challenge. In many circumstances, the ownership of service lines is split between property owners and water systems, creating difficulties with cost sharing and coordination that can slow progress, according to officials.

The law requires a public water system to perform up to one test per year for lead upon request by a customer or nonpaying consumer at no charge. If a test exceeds the lead action level, a customer or consumer may request a test every 60 days for the presence of lead until two consecutive tests fall at or below the lead action level.

“There is no safe level of lead, and we know that lead exposure disproportionately affects communities living in older housing. That makes this law’s tenant protections essential for advancing health equity in our state,” said Acting Health Commissioner Jeff Brown. “By ensuring renters have access to critical information about lead risks in their homes and creating meaningful recourse when landlords fall short, this law empowers New Jerseyans to protect their family’s health.”

Topics New Jersey