A 5171

ASSEMBLY, No. 5171
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 1, 2026
Sponsored by:
Assemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
���� Establishes certain water and wastewater utility
shutoff protections for tenants.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act establishing certain utility shutoff protections
and supplementing Title 40A of the New Jersey Statutes and Title 48 of the
Revised Statutes.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� As used in this
section:�
���� �Department� means the
Department of Community Affairs.
���� �End user� means a person who
receives, uses, or consumes water or wastewater service from a water utility
but is not a customer of record with the water utility.
���� �Single service connection�
means the provision of water or wastewater service by a water utility to a
multi-unit dwelling where multiple units within the multi-unit dwelling are
registered with the water utility under a single customer of record other than
the end user.
���� �Tenant� means any end user of
a water utility who is an occupant of a residential rental property pursuant to
a residential lease agreement, whether written or oral, where the owner of the
residence, or any agent or other representative of the owner, is a customer of
record of a water utility.
���� �Water utility� means any of
the following entities that provide water or wastewater service in New Jersey:�
a municipal public utility, as defined in N.J.S.40A:1-1; a sewerage authority
authorized pursuant to section 4 of P.L.1946, c.138 (C.40:14A-4); a municipal
utilities authority authorized pursuant to section 4 of P.L.1957, c.183
(C.40:14B-4); a water commission appointed pursuant to R.S.40:62-109; a water
district authorized pursuant to R.S.40:62-96; or any other public water system,
as that term is defined in section 3 of P.L.1977, c.224 (C.58:12A-3), that is
not subject to the jurisdiction of the Board of Public Utilities.
���� b.��� A water utility shall
provide written notice to a tenant 30 days prior to discontinuing service to
the tenant.
���� c.���� A water utility shall
not discontinue service to a tenant if:�
���� (1)�� upon receiving a shutoff
notice pursuant to subsection b. of this section, a tenant informs the water
utility that the tenant is not the customer of record of the water utility; or
���� (2)�� the tenant resides in a
multi-unit dwelling that is served by a single service connection.
���� d.��� If a tenant qualifies
for shutoff protections pursuant to subsection c. of this section, a water
utility shall seek any outstanding payment from the customer of record and not
from the tenant, and the customer of record shall not recover the cost of any
outstanding payment owed to the water utility from the tenant.
���� e.���� The department shall
notify any water utility that does business in this State of the requirements
of this section and shall publish information on the department�s Internet
website to notify water utility customers of the shutoff protections
established by this section.
���� f.���� The department, in
consultation with the Board of Public Utilities, shall adopt rules and
regulations, in accordance with the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this
section.� However, any rules and regulations adopted by the department pursuant
to this subsection shall be consistent with any rules and regulations adopted
by the Board of Public Utilities pursuant to subsection f. of section 2 of
P.L.    , c.
(C.        ) (pending before the
Legislature as this bill).
���� 2.��� a.� As used in this
section:�
���� �Board� means the New Jersey
Board of Public Utilities or a successor agency.
���� �End user� means a person who
receives, uses, or consumes water or wastewater service from a water public
utility but is not a customer of record with the water public utility.
���� �Single service connection�
means the provision of water or wastewater service by a water public utility to
a multi-unit dwelling where multiple units within the multi-unit dwelling are
registered with the water public utility under a single customer of record
other than the end user.
���� �Tenant� means any end user of
a water public utility who is an occupant of a residential rental property
pursuant to a residential lease agreement, whether written or oral, where the
owner of the residence, or any agent or other representative of the owner, is a
customer of record of a water public utility.
���� �Water public utility� means a
public utility, as defined pursuant to R.S.48:2-13, that provides water or
wastewater service.
���� b.��� A water public utility
shall provide written notice to a tenant 30 days prior to discontinuing service
to the tenant.
���� c.���� A water public utility
shall not discontinue service to a tenant if:�
���� (1)�� upon receiving a shutoff
notice pursuant to subsection b. of this section, a tenant informs the water
public utility that the tenant is not the customer of record of the water
public utility; or
���� (2)�� the tenant resides in a
multi-unit dwelling that is served by a single service connection.
���� d.��� If a tenant qualifies
for shutoff protections pursuant to subsection c. of this section, a water
public utility shall seek any outstanding payment from the customer of record
and not from the tenant, and the customer of record shall not recover the cost of
any outstanding payment owed to the water public utility from the tenant.
���� e.���� The board shall notify
any water public utility that does business in this State of the requirements
of this section and shall update the board�s Utility Customer Bill of Rights to
include the shutoff protections established by this section.
���� f.���� The board, in
consultation with the Department of Community Affairs, shall adopt rules and
regulations, in accordance with the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this
section.� However, any rules and regulations adopted by the board pursuant to
this subsection shall be consistent with any rules and regulations adopted by
the Department of Community Affairs pursuant to subsection f. of section 1 of
P.L.    , c.
(C.        ) (pending before the
Legislature as this bill).
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes water
utility shutoff protections for tenants who are end users of water or
wastewater service through a municipal public utility, a sewerage authority, a
municipal utilities authority, a water commission, a water district, certain public
water systems, or a water public utility (collectively, �water utilities�) but
who are not the customer of record with the water utilities.� Specifically, the
bill requires water utilities to notify tenants 30 days prior to discontinuing
service.� The bill also prohibits water utilities from discontinuing service to
a tenant who is not the customer of record of the water utility or to a tenant
who resides in a multi-unit dwelling that is served by a single service
connection.� The bill also requires water utilities to collect outstanding
payments for service from the customer of record and not from the tenant.� In
addition, the customer of record is prohibited from recovering the cost of
outstanding payments for service owed to a water utility from a tenant.
���� Finally, the bill establishes
certain notice and public information requirements for the Department of
Community Affairs and the Board of Public Utilities (BPU) to inform water
utilities and their customers of the shutoff protections established by the
bill.� The bill also requires the BPU to update its Utility Consumer Bill of
Rights to include certain shutoff protections established by the bill.