Replacing all Lead Service Lines in New Jersey by 2031
In July 2021, Governor Phil Murphy signed into law P.L.2021, Ch.183, which requires community water systems in NJ to identify all lead service lines, provide public notification regarding the presence of all lead service lines, and replace all lead service lines by 2031. Lead service line inventories must be posted on the websites of water systems by January 2022. The law includes a requirement for community water systems to notify residents who have lead service lines.
Jersey Water Works Lead in Drinking Water Task Force
The Jersey Water Works (JWW) Lead in Drinking Water Taskforce is a diverse group of 30 members from government entities, water utilities, academics, and environmental and public health organizations aligned to achieve practical, cost-effective, equitable, and permanent solutions to removing lead in drinking water. The group works to identify practical and politically feasible policy solutions around the key recommendations and functions in part with Lead-Free NJ (LFNJ), where it provides policy recommendations to aid in efforts to advocate for holistic solutions for a lead-safe environment The cross-collaboration and flow of information provide key insights to strength.
- The 2019 report: Lead in Drinking Water: A Permanent Solution for New Jersey. This report focused on lead in drinking water for New Jersey homes, schools, and childcare facilities.
- The 2021 report: Lead in Drinking Water in Child Care Facilities: Ensuring the Future for New Jersey’s Children. This report detailed key strategies and targeted solutions for state-regulated childcare facilitates
Tackling Lead Service Line Replacements
Utilities across the state of New Jersey prioritize the health and safety of their communities each day. In line with that priority, several steps have been taken to identify solutions and expedite lead service line replacements (LSLR).
Lead Service Line Implementation Workgroup
Jersey Water Works supports Water Systems in getting the lead out through the Lead Service Line Implementation Workgroup. The group comprises water utility officials, consultants, and public policy advocates working to identify and share practical ways to implement LSL replacement programs in New Jersey for all utilities, from large to small. The workgroup offers workshops and resources to maximize the number of water utilities in New Jersey that meet the statutory requirement (P.L.2021, c.183) for replacing LSLs, and do so in a cost-effective, efficient, and equitable manner.
Examples of What Communities Are Doing to Address Lead Service Lines
In New Jersey “Lead service line” means a water supply connection that is made of, or lined with, a material consisting of lead, and which connects a water main to a building inlet. A lead pigtail, lead gooseneck, or other lead fitting shall be considered to be a lead service line, regardless of the composition of the service line or other portions of piping to which such piece is attached. A galvanized service line shall be considered to be a lead service line. A lead service line may be owned by the public community water system, a property owner, or both.
Wondering how to know what your pipes are made of? Philadelphia Water shares how to check your water service line’s materials.
There are various Technical Assistance programs available to access funding for LSL replacement. Water systems and municipalities should incorporate efficiency measures to ensure affordable and equitable access to clean drinking water.
10 Lead Service Line Replacement efficiency measures:
- Improve Customer Communication and Community Outreach: instills trust, cooperation, and participation from and within communities.
- Utilize Community Surveys to Improve Lead Service Line Inventories: a low-cost way to gain knowledge about customer-side material.
- Pass Municipal Ordinances Authorizing Access to Private Property and Mandating Participation: authorize public water utilities to replace the privately-owned portion of the service line, permit tenants to provide access to rental properties, and enable localities to make replacement mandatory.
- Fully Fund Replacement of Customer-Owned Lead Service Lines: adopt a “no customer cost-share” policy, which ensures affordable and equitable access to clean drinking water and increases consumer participation.
- Coordinate with Road-Related Construction: maximizes cost effectiveness and is less disruptive.
- Contract Performance Targets for Field Crews: set and monitor targets, such as LSLs replaced per work crew per week, to help quicken the pace of the program.
- Stream-line Road Opening Moratoriums and Pavement Restoration Policies: create an LSL exception to existing road opening moratoriums, which otherwise restrict a road from being disturbed for a period of time; limit the instances when "curb-to-curb" pavement restoration is employed; and allow for block-by-block opening permits.
- Verify LSL Locations Without Invasive Excavation: examples include predictive modeling, hydrovacing, and integrating inspections into other work, such as meter replacements.
- Streamline or Reduce Plumbing Permit Fees and Code Official Inspections: examples include batch processing and virtual inspections.
- Right-Scale Traffic Enforcement: reduce the use of traffic police (this varies by municipality) to accomplish more LSL replacements with a given budget.
The City of Newark, New Jersey, removed all its lead service lines in just over two years. This is an unprecedented pace. Newark’s accomplishment reflects recommendations made by JWW’s Lead in Drinking Water Task Force.
Some municipalities have passed ordinances making LSLRs mandatory. These communities include:
- The City of Newark mandated participation in LSLRs and authorized officials’ access to private property to ensure replacement.
- Patterson, Passaic, Clifton, Prospect Park
- Atlantic City:
- The City of Trenton
Successful LSLRs are best accomplished when all parties (e.g., occupant, building/property owner, plumber, and water utility) understand how replacement is being accomplished, and how regulatory agencies, local government, and local public health experts support the community’s approach. The LSLR Collaborative helps ensure this happens.
Related Lead Metrics
Federal and State Guidance for LSL Replacement
It’s important to be aware of federal and state guidance concerning LSLRs. Keeping each of these in mind will ensure your system follows all guidelines and is able to effectively serve its community.
Federal Rule: EPA's final Lead and Copper Rule Improvements (LCRI)
The US EPA's final federal Lead and Copper Rule Improvements (LCRI) cite New Jersey and New Jersey law; P.L. 2021, c. 183 (A5343) an impressive 33 times, demonstrating the state's leadership in protecting public health.
Notable Aspects of the EPA's Rule Improvements:
- Requiring water systems to replace lead service lines within 10 years
- Enhancing public education and transparency
- Page 13: New Jersey's inventory requirements for lead service lines
- Page 25: New Jersey's approach to prioritizing lead service line replacement
- Page 41: New Jersey's public education and outreach efforts
- Page 63: New Jersey's lead service line replacement funding mechanisms
Federal Guidance: USEPA on Developing and Maintaining Service Line Inventories
Click the link below to view EPA’s recommendations for developing and maintaining service line inventories. Utilities can use this guidance to comply with the requirements under the Lead and Copper Rule Revisions.
State Guidance: New Jersey Lead and Copper Legislation
The State of New Jersey has several requirements concerning lead service line replacements that utilities should be aware of. Significant legislation includes:
- Under A-5343/S-3398, the State of New Jersey requires that all lead service lines be replaced by 2031. There is potential for a five-year extension after 2031.
- Water utilities must replace 10% of their identified lead service lines annually, according to P.L. 2021, c.183, which was enacted in July 2021.
Keeping up with important dates and deadlines is essential for navigating this legislation effectively. Click here for more information about key dates pertaining to the LSLR laws:
- In most cases, predictive models can improve the accuracy of locating lead service lines and reduce replacement costs by preventing unnecessary excavation of service lines. Use the Division of Science and Research’s rationale to determine whether predictive modeling is right for your utility:
- If your system chooses to use predictive modeling to create your lead service line inventory, it should follow this guidance.
- Updated state lead service line data can be found at the New Jersey Department of Environmental Protection’s website.
Lead Service Line Resources and Tools for Municipal Leaders
2024 Report: Lessons Learned After Two Years of Accelerating Lead Service Line Replacement in New Jersey Communities
The information presented is informed by New Jersey's proactive approach to addressing lead contamination in drinking water, including the legislation enacted in July 2021, which mandates the replacement of lead service lines (LSLs) by 2031. Our understanding of LSLs, including New Jersey's expanded definition that considers galvanized service lines as LSLs, shapes our analysis. We recognize the complexities and challenges faced by drinking water systems, governments, and stakeholders in complying with the legislation, and our recommendations reflect the need for clear standards, sustainable financing models, property owner education, and comprehensive statewide policies. The report's findings and conclusions are grounded in the collective expertise of the workgroup and should be considered as guidance rather than definitive solutions
Are You Getting the Lead Out: Eight Steps to protect the public from Lead Service Lines
This resource outlines 8 steps that simplify the replacement process for water system operators and New Jersey local officials.
Lead Service Line Primers for Mayors
These primers outline key information about lead service line efficiency measures that New Jersey local officials should understand.
- Watch the 2023 Primer on Key Efficiency Measures for NJ Mayors & Local Officials video on YouTube here.
- 2023 Primer Let’s Get the Lead Out of Our Drinking Water: Key Information that NJ Local Officials Need and Want to Know; Lead Service Line Efficiency Measures.
- 2022 Primer Let’s Get the Lead Out of Our Drinking Water: Key Information that NJ Local Officials Need and Want to Know
Procurement Toolkit Draft for Request for Qualifications
This draft scope for an RFQ will set you up to identify consultants who have the necessary experience to administer either individual aspects or the entirety of the federal and state Lead and Copper Rule Revisions, including a lead service line replacement program.
Alternative Procurement Options for Lead Service Line Replacement
Use this publication to explore what alternative contracting techniques could make your work cost-effective and timely.
Model Ordinance: Access to Private Property
Interested in making LSLRs mandatory? This model ordinance authorizing public access to private property for LSLR was drafted from several sources, including the existing law enacted by the City of Newark, NJ.
Fifth Liter Sampling
This report explains the differences between the most common methods of water sampling and clarifies some of the questions clean water advocates may have about the implementation of the fifth liter sampling method.