New Jersey § 58:12a-24

§ 58:12a-24.

a. Within 30 days after the effective date of this act, 1 the Department of Environmental Protection, in consultation with the Plastics Advisory

Council established pursuant to section 7 of P.L.2020, c. 117 ( C.13:1E-99.132 ) where appropriate, shall commence a comprehensive, collaborative study to evaluate

the current feasibility and benefits of the use of microplastics removal technologies

by system owners or operators to remove microplastics from drinking water in the State. The study shall be completed no later than three years after the effective date of

this act and shall include the development of a definition of microplastics in drinking

water and an evaluation of: (1) the short-term and long-term impacts of microplastics on human health and the

environment, including, but not limited to, ocean and riparian ecosystems, aquatic

and marine organisms, drinking water quality, and the food chain; (2) the origin and migration of microplastics in the State's waters and methods for

avoiding the accumulation of microplastics in drinking water and other water resources; (3) the beneficial impacts to human health and the environment that are likely to

result from the increased use of microplastics removal technologies in the State; (4) the different types of microplastics removal technologies that are available,

on the market, for use in removing microplastics from drinking water, and the costs

thereof; (5) the performance capacity of each type of microplastics removal technology available

on the market, including, but not limited to, the capacity of each microplastics removal

technology to adequately remove microplastics from drinking water, and the efficiency

and efficacy of each such technology; (6) whether, and the extent to which, each available microplastics removal technology

is currently being used in New Jersey, other states, or in other countries; (7) appropriate methods for disposal of microplastics that have been removed from

drinking water; (8) the feasibility and desirability of establishing a grant or financing program

or financial incentive system, or of using other available means and methods, such

as public-private partnerships, financial investments, or university involvement,

to encourage and incentivize the development and successful deployment of new and

effective microplastics removal technologies in the State, with particular attention

to the financial needs of non-investor-owned public community water systems; and (9) the factors that should be considered, and determinations that should be made,

by the department when evaluating proposals for microplastics removal projects in

the State. b. The department may, if appropriate, authorize system owners or operators in the

State to engage in pilot microplastics removal projects, with associated pilot project

data to be included in the study conducted pursuant to subsection a. of this section

and in the report produced pursuant to subsection d. of this section. The department may solicit and approve applications for, and take other appropriate

action to facilitate, the implementation of pilot projects for these purposes. c. In conducting the study pursuant to subsection a. of this section, the department

and board shall cooperatively engage in a robust stakeholder engagement process, which

shall include consultation with, and the solicitation of testimony and information

from: (1) professionals, businesses, organizations, and agencies having particular experience

or expertise in one or more of the following areas: the operation of water supply

or water treatment; the operation of water filtering systems or removal technologies;

the proper handling or disposal of microplastics; or the study or remediation of

water pollution or contaminants; (2) water quality specialists, environmental scientists, toxicologists, public health

experts, and other members of appropriate scientific fields; (3) representatives of the plastics manufacturing industry; (4) members of the public; and (5) other relevant and interested parties. d. No later than three months after the study, pursuant to subsection a. of this section,

is concluded, the commissioner shall prepare and submit a written report to the Governor

and, pursuant to section 2 of P.L.1991, c. 164 ( C.52:14-19.1 ), to the Legislature, identifying the findings from the study, including any findings

and relevant data associated with pilot projects undertaken pursuant to subsection

b. of this section, and providing recommendations for legislative, executive, and

other actions that should be taken to facilitate, encourage, promote, support, or

require the removal of microplastics from drinking water in the State. e. Following the submission of the report, pursuant to subsection d. of this section,

the department shall: (1) consistent with the findings set forth in the report, and in coordination with

the Department of Health, engage in a public education and awareness campaign, and

take other appropriate action, in order to inform system owners or operators and members

of the public about: (a) the threats to human health and the environment that are posed by microplastics; (b) the importance of removing microplastics from drinking water; (c) the microplastics removal technologies that are available on the market and have

been deemed to be effective in removing microplastics from water and; (d) the State and federal incentives or other financial assistance that are available,

if any, to facilitate the development, deployment, and use of new or existing microplastics

removal technologies in the State; (2) establish a process to review and act upon applications for such permits or licenses

as may be necessary for the continuation of any pilot projects commenced pursuant

to subsection b. of this section and the commencement of new microplastics removal

projects by system owners or operators in the State; (3) if the study finds that consumption of microplastics via drinking water poses

a health risk, work with the Drinking Water Quality Institute to conduct the further

evaluations of human health effects, testing capabilities, and treatment capacity

for microplastics in drinking water necessary to inform future regulatory development

by the department; and (4) consistent with the recommendations contained in the report, and within the limits

of funds appropriated to the department, establish grant, financing, incentive, or

other programs as necessary to support, incentivize, promote, or facilitate the increased

use of effective and efficient new and existing microplastics removal technologies

by system owners or operators in the State, with a primary focus on the financial

needs of non-investor-owned public community water systems. f. Recovery in rates by any system owner or operator subject to the rate-setting jurisdiction

of the board of any costs associated with studying, piloting, or implementing technologies,

processes, or techniques required to meet the goals of the legislation shall be subject

to approval by the board. 1

L.2023, c. 318, eff. Jan. 16, 2024.