N.J.S.A. 58:30-9 — Requirements for contractor, subcontractor.

58:30-9 Requirements for contractor, subcontractor. 9. Any contractor or subcontractor hired by the designated respondent, in the performance of a contract entered into pursuant to section 8 of P.L.2015, c.18 (C.58:30-8), shall: a. (1) be paid, or pay any worker employed by the contractor or subcontractor, not less than the wage rate for their craft or trade as determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.) and shall comply with the requirements of section 2 of P.L.2007, c.343 (C.34:13B-2.1); b. only employ a worker from an apprenticeable trade who is either an apprentice participating in a registered apprenticeship program or who has completed a registered apprenticeship program, unless the contractor or subcontractor certifies that each such worker shall be paid no less than the journeyman rate established for the apprenticeable trade performed pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.); and c. all contractors and subcontractors shall comply with the provisions of "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.). L.2015, c.18, s.9. 58:31-1 Short title. 1. This act shall be known and may be cited as the "Water Quality Accountability Act." L.2017, c.133, s.1. 58:31-2 Definitions relative to operation, management of public water systems. 2. As used in P.L.2017, c.133 (C.58:31-1 et seq.): "Board" means the Board of Public Utilities. "Cybersecurity incident" means an event occurring on or conducted through a computer network that jeopardizes the integrity, confidentiality, or availability of computers, information systems, communications systems, networks, physical or virtual infrastructure controlled by computers or information systems, or information residing thereon. "Cybersecurity insurance policy" means an insurance policy designed to mitigate losses from cybersecurity incidents, including, but not limited to, data breaches, business interruption, and network damage. "Department" means the Department of Environmental Protection. "Industrial control system" means an information system used to control industrial processes such as manufacturing, product handling, production, or distribution. "Industrial control system" includes supervisory control and data acquisition systems used to control geographically dispersed assets, and distributed control systems and smaller control systems using programmable logic controllers to control localized processes. "Information resource" means information and related resources, such as personnel, equipment, funds, and information technology. "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. "New Jersey Cybersecurity and Communications Integration Cell" means the New Jersey Cybersecurity and Communications Integration Cell established pursuant to Executive Order No. 178 (2015) in the New Jersey Office of Homeland Security and Preparedness, or any successor entity. "Public community water system" means the same as that term is defined in subsection l. of section 3 of P.L.1977, c.224 (C.58:12A-3). "Public water system" means the same as the term is defined in section 3 of P.L.1977, c.224 (C.58:12A-3). "Water purveyor" means any person that owns a public community water system with more than 500 service connections. L.2017, c.133, s.2; amended, 2021, c.262, s.1. 58:31-3 Inspections, testing by water purveyor. 3. a. Each water purveyor shall inspect each valve in its public community water system in accordance with the provisions of subsection b. of this section in order to determine (1) accessibility of the valve for operational purposes, and (2) the valve's operating condition. A water purveyor shall repair or replace any valve found to be broken or otherwise not operational. b. Each water purveyor shall inspect each valve that is 12 or more inches in diameter at least once every four years, and shall inspect all other valves at least once every eight years, except that the requirements of this subsection shall not apply to any service connection valve or customer shut-off valve. At a minimum, each valve inspection conducted pursuant to this subsection shall include: (1) clearing of the area around the valve to ensure full access to the valve for operating purposes; (2) cleaning out of the valve box; (3) dynamic testing of the valve, by opening and then closing the valve for either of the following number of turns: (a) the number of turns recommended by the valve manufacturer to constitute a credible test; or (b) the number of turns which constitutes 15 percent of the total number of turns necessary to completely open or completely close the valve ; and (4) complying with any other criteria as may be required by the department pursuant to rules and regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). c. (1) Each water purveyor shall, once a year, test every fire hydrant in its system in order to determine the hydrant's working condition. (2) Each water purveyor shall formulate and implement a plan for flushing every fire hydrant in the public community water system, and every dead end of a main in the public community water system. This plan for flushing may be combined with the periodic testing of fire hydrants required pursuant to paragraph (1) of this subsection. d. Each water purveyor shall keep a record of all inspections, tests, and flushings conducted pursuant to this section for a period of at least 12 years. e. Each water purveyor that owns, solely or jointly, a fire hydrant shall mark each hydrant with the initials of its name, abbreviation of its name, corporate symbol, or other distinguishing mark or code by which ownership may be readily and definitely ascertained. Each fire hydrant shall be marked with a number or symbol, or both, by which the location of the hydrant may be determined on the water purveyor's office records. The markings may be made with a soft metal plate, plastic, or another durable material, and shall be of such size and so spaced and maintained as to be easily read. f. Each water purveyor shall identify, to the extent possible, the geographic location of each valve and fire hydrant in its public community water system using a global positioning system based on satellite or other location technology. L.2017, c.133, s.3; amended 2021, c.262, s.12. 58:31-4 Development of cybersecurity system; exemptions. 4. a. Within 120 days after the effective date of P.L.2017, c.133 (C.58:31-1 et seq.), each water purveyor shall develop a cybersecurity program, in accordance with requirements established by the New Jersey Cybersecurity and Communications Integration Cell , as rules and regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that defines and implements organization accountabilities and responsibilities for cyber risk management activities, and establishes policies, plans, processes, and procedures for identifying and mitigating cyber risk to its public community water system. As part of the cybersecurity program, a water purveyor shall: identify the individual chiefly responsible for ensuring that the policies, plans processes, and procedures established pursuant to this section are executed in a timely manner; conduct risk assessments and implement appropriate controls to mitigate identified risks to the public community water system; maintain situational awareness of cyber threats and vulnerabilities to the public community water system; and create and exercise incident response and recovery plans. No later than 180 days after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), a water purveyor shall update its cybersecurity program to conform to the requirements of section 3 of P.L.2021, c.262 (C.58:31-4.1). A water purveyor shall submit a copy of the cybersecurity program developed pursuant to this subsection to the New Jersey Cybersecurity and Communications Integration Cell, in a form and manner as determined by the New Jersey Cybersecurity and Communications Integration Cell. A cybersecurity program submitted pursuant to this subsection shall not be considered a government record under P.L.1963, c.73 (C.47:1A-1 et seq.), and shall not be made available for public inspection. b. Within 60 days after developing the cybersecurity program required pursuant to subsection a. of this section, each water purveyor shall join the New Jersey Cybersecurity and Communications Integration Cell and create a cybersecurity incident reporting process. c. (Deleted by amendment, P.L.2021, c.262). d. No later than 180 days after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), each water purveyor shall obtain a cybersecurity insurance policy that meets any applicable standards adopted by the board. L.2017, c.133, s.4; amended 2021, c.262, s.2.

This is the verbatim text of N.J.S.A. 58:30-9, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.