River Network’s State Policy Hub

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The State Policy Hub currently highlights policies, resolutions, and plans related to Drinking Water, Environmental Justice, Bolstering Clean Water Act (CWA) Protections and Open Water Data. These topics are just the beginning! We plan to continue expanding the scope of the state policy hub to include other topics such as soil health, climate adaptation, flooding, and more.

In the Hub you’ll find:

  • Overviews of each major topic: check out the buttons above and to the right
  • Searchable, detailed Policy Databases for each major topic with links to policy language, descriptions, and more: find these at the bottom of each topic page
  • Snapshots of exemplary policies by state: click the state names in the Policy Database at the bottom of this page
  • Deep dives highlighting advocacy strategies, victories, and specific policy language: look for the state icons below and throughout the Hub
  • Relevant lessons from network leaders: see the buttons below

We invite you to search the Hub by policy category, state, year, and/or relevant keywords.

Deep Dives

Select a state icon below to go deeper into specific advocacy strategies, victories, and specific policy language.

Additional State Policy Compendiums & Resources

In addition to River Network’s State Policy Hub, explore these syntheses of state water policy that we’ve found informative and useful: 

Policy Database

Name State Action Agency Policy Focus Description
Illinois Constitution, Article 11, Section 2 Illinois Legislative responsibility Access, environmental rights, quality

"Each person has the right to a healthful environment. Each person may enforce this right against any party, governmental or private, through appropriate legal proceedings subject to reasonable limitation and regulation as the General Assembly may provide by law."

Article 1 Section 27 of the Pennsylvania Constitution (Green Amendment) Pennsylvania The commonwealth Access, quality

The constitutional amendment states that, "people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment."

Massachusetts Constitution, Part the First, Art. XCVII. Massachusetts The general court Access, Safety, environmental rights

Environmental rights section of constitution states that people have the right to clean air and water, among other environmental protections.

Constitution of the State of Montana, Article 2, Part 2, Section 3 and Article 9, Part 9, Section 1 Montana The legislature Access, quality

“The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.
(2) The legislature shall provide for the administration and enforcement of this duty.
(3) The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.”

Hawaii Constitution Article 11 Section 9 Environmental Rights Hawaii The state Access, quality

"Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party..."

Internal Environmental Equity Policy at DEEP Connecticut Connecticut Department of Energy and Environmental Protection (DEEP)

The Department's internal policy developed in 1993 is the foundation of EJ action of the state. They have an EJ Complaint Investigator who investigates complaints related to EJ, and enforcement officers.

Executive Order 97-16, Oregon Environmental Justice Citizen Advisory Board Oregon Natural resource and environmental state agencies, Governor's Natural Resource Office

Established a 12-member Environmental Justice Advisory Board from Aug 1997-July 1999, composed of "minority and low income communities, environmental interests, and the geographically diverse areas of Oregon." Natural resource and environmental agencies were to report to the Board and Governor on their efforts to implement recommendation of a prior Environmental Equity Task Force Report on an annual basis.

SB 115 California California Environmental Protection Agency (CalEPA) and Governor's Office of Planning and Research (ORP)

Established CalEPA as coordinating agency in state government for EJ programs. The bill defines "environmental justice", required CalEPA to develop a model environmental justice mission statement for boards, departments, and offices within the agency.

SB 409 Kentucky Kentucky Infrastructure Authority (KIA) Infrastructure consolidation, Regionalization & Consolidation, Safety, consolidation, quality

Created county 2020 water management planning councils, who made long term water supply plans. Funding required to assist in making potable water available to all Kentuckians by 2020. KIA established an incentive program that allocates funds from the 2020 water service account to encourage the regionalization, merger, and
consolidation of water systems and elimination of structural and administrative duplication.

AB 1553 California Office of Planning and Research, CalEPA

Outlined requirement for Office of Planning and Research to provide guidelines to address EJ matters in city and county general plans.

Senate Bill 6416 Washington public utility districts affordability

Permits utility service rates to be reduced for low-income senior citizens and other low income citizens, and gives the authority of defining those groups by the governing body of the county, city, town, public utility district or other municipal corporation.

AB 2312 California CalEPA

Established an Environmental Justice Small Grant Program at CalEPA. Original max amount $20,000. In 2021, max amount $50,000/grant.

Executive Order No. 96 New Jersey executive branch departments, agencies, boards, and commissions related to environmental quality and public health

Created an advisory multi-agency Environmental Justice Task Force spearheaded by DEP and DHSS. Allowed communities to file petitions related to environmental health risks, develop Action Plans with selected communities to reduce environmental burdens.

Clean Water Legacy Act Minnesota Pollution Control Agency, Clean Water Council funding, quality

Created the Clean Water Fund, which comes from the sales tax revenue of the Legacy amendment. The fund will help maintain water quality, improve waters that are impaired, and restore degraded groundwater. Distribution of funds include grants, loans, and technical assistance. Project priorities will be identified by a Clean Water Council

Senate Bill 420 (ORS 182.535, 182.538, 182.542, 182.545, 182.550) Oregon Department of Environmental Quality, Department of Agriculture, Water Resources Department, State Department of Fish and Wildlife, State Forestry Department, Department of State Lands, Department of Education, Department of Education, Department of Geology and Mineral Industries, Department of Land Conservation and Development, State Marine Board, Public Utility Commission, Department of Transportation, State Fire Marshal, Department of Human Services

Established an Environmental Justice Task Force of 12 members appointed by the Governor, to submit annual reports on achieving goals set forth in the Act. Tasked with identifying environmental justice communities in cooperation with natural resource agencies, defining "environmental justice." Natural resource agencies must increase public participation and create citizen advocate positions. Natural resource agencies report annually to the EJ Task Force and Governor detailing how they address EJ issues, increase public participation, and determine the effect of their decisions on traditionally underrepresented communities.

CT Substitute House Bill 5145 An Act Concerning Environmental Justice Communities and the Storage of Asbestos-Containing Material Connecticut Department of Energy and Environmental Protection (DEEP), Connecticut Siting Council

Defines "Environmental Justice Community", "Affecting facility", "Meaningful public participation", "Community environmental benefit agreement", provides overview of mitigation actions in a community environmental benefit agreement, limits the size of disposal or storage of asbestos-containing material.

Executive Order No. 131 New Jersey executive branch departments, agencies, boards, and commissions

Extended the Environmental Justice Advisory Council, directed executive branch departments, agencies, boards, commissions, and any and all other bodies of the State’s Executive branch to provide “appropriate opportunities for all persons, regardless of race, ethnicity, color, religion, income, or education level to participate in decision-making." Programs should be reviewed to "(a) meet the needs of persons living in low-income communities and communities of color; and (b) address disproportionate exposure to environmental hazards.”

Human Right to Water, Water Code Section 106.3 (Assembly Bill 685) California All relevant state agencies, including Department of Water Resources, State Water Resources Control Board, and the State Department of Public Health Access, Safety, affordability

Updated the Water Code of California, asserting that every human has a right to clean, safe, affordable, and accessible water.

SB 535, Greenhouse Gas Reduction Fund California CalEPA, Department of Finance

CalEPA was given the responsibility to identify disadvantaged communities to target California Climate Investments program funding to those communities (25%).

General Statute 159G-70 North Carolina State Water Infrastructure Authority (within the Department of Environment and Natural Resources) infrastructure funding, planning

Created the State Water Infrastructure Authority to develop a state water infrastructure master plan and award funding for water and wastewater infrastructure projects.

Current Operations and Capital Improvements Appropriations Act of 2015 (HB 97) North Carolina Department of Environment and Natural Resources Division of Water Infrastructure for the Clean Water State Revolving Fund Wastewater Reserve and Drinking Water Reserve Regionalization & Consolidation, affordability, consolidation, funding, regionalization

Defined "affordability" in statute to prioritize communities based on factors such as poverty rate, population change. Established merger/regionalization feasibility grants for consolidation of water or wastewater systems.

Senate Bill 88 California State Water Resources Control Board Regionalization & Consolidation, Safety, access (consolidation), consolidation, infrastructure

Authorized the State Water Resources Control Board to incentivize and mandate consolidation of failing water systems.

Low-Income Water Rate Assistance Act (Assembly Bill 401) California Water Quality Control Board affordability, funding

Required the Water Quality Control Board to develop a Low-Income Water Rate Assistance Program plan by 2018.

Water Improvements Program (AZ SB 1459) Arizona County Board of Supervisors Access, affordability

Authorized the County Board of Supervisors to establish water improvement programs that may be funded through private gifts or grants to help low-income and fixed income residents deepen existing drinking water wells or improve plumbing.

HB 512 Ohio Ohio EPA Safety, lead, quality

"Establishes sampling, corrosion control, and individual tap action levels, more stringent public notification deadlines, higher administrative enforcement penalties, requirements for identifying
and mapping lead infrastructure in public water systems, and financial assistance for communities and schools with lead in drinking water concerns."

AK H 209 Water and Sewer Advisory Committee Alaska Legislative committee (Bush Caucus) Access, Safety

Created the Alaska Water and Sewer Advisory Committee in the legislative branch to develop a report related to safe and sustainable water and sewer systems to all rural areas of the state.

Senate Bill S8158 New York Department of Health, State Department of Education Safety, quality

Requires school districts and boards of cooperative educational services to conduct periodic testing to monitor for lead contamination in certain school buildings; provides additional aid to such districts and boards for the costs incurred due to the testing of potable water sources and systems containing an unacceptable amount of lead.

The Open and Transparent Data Act (AB No. 1755) California The California Department of Water Resources, the California Water Quality Monitoring Council, the State Water Resources Control Board, the California Department of Fish and Wildlife

The Open and Transparent Water Data Act, or Assembly Bill 1755, requires that the Department of Water Resources (DWR) “in consultation with the California Water Quality Monitoring Council, the state board, and the Department of Fish and Wildlife, in accordance with a specified schedule, to create, operate, and maintain a statewide integrated water data platform that, among other things, would integrate existing water and ecological data information from multiple databases and provide data on completed water transfers and exchanges.”

SB 1000 California Office of Planning and Research, cities and counties

Made EJ a mandatory element or topic that must be addressed in jurisdictions with disadvantaged communities in their General Plans.

Senate Bill 552 California State Water Resources Control Board Regionalization & Consolidation, Safety, access (consolidation), consolidation

Gave authority to the state board to extend water service to areas that lack safe drinking water as an interim extension of service prior to consolidation.

North Carolina’s Statewide Water and Wastewater Infrastructure Master Plan: The Road to Viability North Carolina State Water Infrastructure Authority funding, infrastructure, planning

SWIA created the plan for owners and operators of water and wastewater utilities and systems that serve the public, focused on organizational, infrastructure, and financial management.  

Senate Bill 550 Illinois Illinois Environmental Protection Agency, school districts, community water systems Safety, lead testing in schools, quality

Amended the Illinois Municipal Code to establish a lead hazard cost recovery fee to water customers that utilities are allowed to impose to cover costs for lead remediation. Also requires testing for lead in schools and notification sent to parents if over 5 ppb. Requires the owners
and operators of community water systems to create a comprehensive lead service line inventory.

Small Drinking Water Systems Fund Act No. 213 (HB 2049) Arizona Water Infrastructure Funding Authority (WIFA) Safety, infrastructure

Expanded grant eligibility to help small public water systems in need of water quality upgrades and infrastructure repairs.

Safe Water in Schools Act (House Bill 1306) Colorado Department of Public Health and Environment Safety, lead

Established a grant program to test for lead in drinking water in public schools, with primary focus on elementary schools.

Water Quality Accountability Act (N.J.S.A. 58:31-1) New Jersey New Jersey Department of Environmental Protection (NJDEP) central role in its implementation, along with New Jersey Board of Public Utilities, New Jersey Office of Homeland Security and Preparedness, and the New Jersey Department of Community Affairs; water purveyors are those who are affected by the act. Safety, quality

Established requirements to improve safety, reliability, and administrative oversight of water infrastructure, such as routine maintenance of pumps, motors, and pipes by public water system managers.

Senate Bill 48 Wisconsin Public Service Commission Safety, infrastructure, lead service lines

Clarifies the ability to financially assist and replace consumer-owned portions of lead service line replacement by water utilities.

Executive Order No. 23 New Jersey DEP, Department of Law and Public Safety and "other relevant departments"

Directed DEP to develop guidances for all Executive branch departments and agencies to consider EJ.

Lead and Copper Rule (revised) Michigan EGLE Safety, quality

Lead action level will change from 15 to 12 parts per billion in 2025. Improved the sampling protocol for lead and copper tap sampling, and created a timeline for comprehensive, updated inventories of service lines and distribution system components. Prohibits partial lead service line replacements and requires all LSLs to be replaced within 20 years.

Senate Bill 6413 Washington Department of Ecology PFAS, Safety

This legislation does not apply directly to drinking water, but instead focuses on sources of PFAS, including firefighting foam and firefighting personal protection equipment. Starting in 2020, the manufacturing or sale of PFAS-based firefighting foams is prohibited in the state.

Executive Order 66 Connecticut Water Planning Council (Public Utilities Regulatory Authority, Office of Policy and Management, and Department of Energy and Environmental Protection, and the Department of Public Health) Access, infrastructure, quality

Outlines the Water Planning Council’s ability to implement the State Water Plan to manage water resources, identifies water as a public trust.

Water Pollution Control Authorities (Substitute House Bill No. 5509/Act No. 18-174)  Connecticut Public Utilities Regulatory Authority Access, water shutoffs

Protects against foreclosures by private water companies of certain populations due to past due sewer fees and lowers the interest rate charged on delinquent assessments.

Senate Bill 309 New Hampshire Department of Environmental Services PFAS, Safety, quality

Regulates groundwater pollution caused by polluting emissions in the air and relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water. Authorizes the Department to set maximum contaminant limits for perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS).

Water Shutoff Protection Act (SB 998) California Urban and Community Water Systems implements. Access, affordability, water shutoffs

Improved transparency in the process and timeline of informing customers of delinquent water bills and possibility of shutoffs, and blocks shutoffs from occurring if customers demonstrate that they are financially unable to pay or have a health condition that would be worsened by lack of water.

Control of lead and copper - lead service line requirements (Ohio Administrative Code, Rule 3745-81-84) Ohio Ohio EPA Safety, lead

Updated state Lead and Copper Rule.

Executive Order 2019-3 Department of Environmental Quality Michigan PFAS Action Response Team Michigan Department of Environmental Quality Safety, quality

Established the MPART as a permanent body to address the threat of PFAS contamination in Michigan, protect public health, and facilitate inter-agency coordination, and clear standards to ensure accountability.

Assembly Bill 72 California State Water Resources Control Board Safety, funding, lead testing in schools

Provided 5 million dollars to test for and remediate lead exposure in childcare centers.

Executive Order N-10-19 California The California Natural Resources Agency, the California EnvironmentalProtection Agency, the California Department of Food and Agriculture, inconsultation with the Department of Finance Access, Safety, affordability, infrastructure, quality

Directed applicable agencies to develop a Water Resilience Portfolio for the 21st century.

Water Taxpayer Protection Act of 2019 Maryland City of Baltimore Access, affordability

Limits the collector of the city of Baltimore from putting a lien on a place of worship or residential property if the only debt owed is from water and sewer charges,

SB 49 (Act 21, An act relating to the regulation of polyfluoroalkyl substances in drinkingand surface waters Vermont Agency of Natural Resources PFAS, Safety, quality

Sets maximum contaminant levels for PFAS in water to 20 ppb and requires landfills to treat leachate for PFAS.

New Mexico Water Data Act (NMSA 1978, § 72-4B) New Mexico New Mexico Interstate Stream Commission (NM ISC), New Mexico Office of the State Engineer (NM OSE), New Mexico Environment Department (NMED), and the Energy, Minerals, and Natural Resources Department (EMNRD), the New Mexico Bureau of Geology and Mineral Resources (NMBGMR)

The Water Data Act (NMSA 1978, § 72-4B) marks the first time in New Mexico’s history that a law has been enacted to identify and integrate key water data. Several agencies convened by the New Mexico Bureau of Geology and Mineral Resources (NMBGMR) are working toward developing an integrated Water Data Service for New Mexico. Multiple working groups have been convened, working to ensure that the data and useful information about the data is findable, accessible, interoperable, and usable for those seeking water information for decision making related to water management and planning. The initial data platform can be found at newmexicowaterdata.org as a first data inventory step for this multi-year project."

New York Climate Leadership and Community Protection Act (SB 6599) New York Department of Environmental Conservation

The Climate Leadership & Community Protection Act outlines New York state's goal to reduce greenhouse gas emissions from all anthropogenic sources 100% over 1990 levels by 2050, with 40% reduction by 2030. Among many other actions, it created a Climate Action Council which is responsible for convening advisory panels to create a scoping plan for the state to follow in order to reach GHG reduction goals, integrate just transition and workforce development and training planning, and make regulatory recommendations.

H2Ohio Plan Ohio The Governor, Ohio Department of Agriculture, Ohio Department of Natural Resources, Ohio Environmental Protection Agency, the Lake Erie Commission Safety, infrastructure, quality

H2Ohio: A data-driven water quality plan to reduce harmful algal blooms, improve wastewater infrastructure, and prevent lead contamination.

House Bill 166 (Creates FY 2020-2021 operating budget) Ohio Department of Agriculture, OH EPA Safety, infrastructure, quality

H2Ohio was first funded by the Ohio General Assembly with an investment of $172 million in the 2020-2021 biennium.

Safe and Affordable Drinking Water (SADW) Fund: Safe and Affordable Funding for Equity and Resilience (SAFER) Program (SB 200) California State Water Resources Control Board, State Treasury Funding for small systems

Established the Safe and Affordable Drinking Water Fund. Provides up to $130 million for the next 10 years to help water systems provide safe and affordable drinking water.

Pollution Prevention for Healthy People and Puget Sound Act (Senate Bill 5135) Washington Department of EcologyDepartment of Health PFAS, Safety

This legislation does not apply directly to drinking water, but instead creates a process for the Department of Ecology to identify chemicals of concern, as well as consumer products that contain chemicals of concern, to determine regulatory actions. The initial list includes PFAS.

Clean Water Workforce Pipeline Program (SB 2146, Act No. 576) Illinois Department of Commerce and Economic Opportunity, with coordination from Illinois Environmental Protection Agency, Illinois Finance Authority, and "other State agencies that provide financial support for water infrastructure projects." infrastructure, quality, workforce training

This Act created a program with funding specifically focused on training marginalized/disadvantaged residents to enable them to contribute to clean water infrastructure projects in the state.

AB 1628 California Office of Planning and Research (coordinating agency), CalEPA, Natural Resources Agency, Department of Transportation, Department of Business, Consumer Services, and Housing

Amended definition of "environmental justice" as "the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, with respect to the location of public facilities and the provision of public services, to ensure a healthy environment for all people such that the effects of pollution are not disproportionately borne by any particular populations or communities."

Assembly Bill 508 California State Water Resources Control Board Regionalization & Consolidation, Safety, access (consolidation), consolidation, quality

Requires the State Water Resources Control Board to inform the public of consolidation processes (physical or operational). Disadvantaged communities who rely on failing domestic wells can petition for consolidation to the state board. The bill provides clear timelines for the consolidation process.

Oregon's 100 Year Water Vision Oregon Oregon Watershed Enhancement Board Access, Safety, affordability, infrastructure, quality

Oregon's 100 year water vision "goals reflect the needs we have for water, our principles guide how people can work together to achieve a secure, safe and resilient water future for all who live here."

SB 2385/A 1564 New York Department of Environmental Conservation, Department of Economic Development, Department of Transportation, Environmental Facilities Corporation, New York State Energy Research and Development Authority, Public Service Commission, Power Authority of the State of New York, New York State Office of Science, Technology and Academic Research,

Amended the environmental conservation law to establish a permanent environmental justice advisory group and an environmental justice interagency coordinating council. Requires all state agencies that have a significant effect on the environment to adopt an environmental justice policy based on a model policy developed by advisory group. Each state agency must appoint a staff member as an environmental justice coordinator to serve as a liaison to the EJ advisory council and to communicate with the public.

HB 1257 (§ 32.1-169 of the Code of Virginia) Virginia Virginia Department of Health PFAS, Safety, quality

Directs the State Board of Health to adopt regulations establishing maximum contaminant levels (MCLs) in public drinking water systems for (i) perfluorooctanoic acid, perfluorooctane sulfonate, and for such other perfluoroalkyl and polyfluoroalkyl substances as the Board deems necessary... requires such MCLs to be protective of public health, including the health of vulnerable subpopulations, and to be no higher than any MCL or health advisory adopted by the U.S. Environmental Protection Agency for the same contaminant. 

Safe Drinking Water Act Rules, N.J.A.C. 7:10, Private Well Testing Act Rules, N.J.A.C. 7:9E, Ground Water Quality Standards, N.J.A.C 7:9C,... N.J.A.C. 7:1E, MCLs, GWQS, and Related Requirements for PFOA and PFOS New Jersey New Jersey Department of Environmental Protection, Water Resources Management Division of Water Supply and Geoscience PFAS, Safety, quality

Set an MCL of 14 ppt for PFOA and 13 ppt for PFOS in drinking water. The MCLs apply to public community and public noncommunity water systems. Sections 1 and 2 took effect 9/8/2018.
Remainder took effect 7/10/2018. Rules implemented 6/1/2020

House Bill 955 (Act 139) Vermont Agency of Natural Resources PFAS, funding

$500,000.00 in FY 2021 for engineering and construction grants to improve public water systems to reimburse schools that operate public water systems with confirmed concentrations of PFAS exceeding 20 nanograms per liter and on a do-not-drink notice for their costs for providing bottled or bulk water

State of Ohio Isolated Wetland and Ephemeral Stream General Permit Ohio Ohio EPA

Created a general permit for wetlands and ephemeral streams no longer covered by the federal Navigable Waters Protection Rule (NWPR).

Senate Bill 20-218 Colorado Department of Public Health and Environment PFAS, Safety, quality

Created a funding mechanism through charging per truckload of fuel products within the state to address PFAS contamination through a grant program, takeback program, and providing technical assistance.

House Bill 20-1119 Colorado Solid and Hazardous Waste Commission, Department of Public Health and Environment PFAS, Safety

Bans the use of class B firefighting foams that contain PFAS in come aircraft hangars, requires the Solid and Hazardous Waste Commission to promulgate rules to register facilities that use and store PFAS.

California's Water Resilience Portfolio 2020 California The California Natural Resources Agency, the California Environmental Protection Agency, the California Department of Food and Agriculture, in consultation with the Department of Finance Access, Safety, affordability, infrastructure, quality

Developed in response to Executive Order N-10-19. Goals and actions are organized in four categories:
1. Maintain and diversify water supplies,
2. Protect and enhance natural ecosystems,
3. Build connections by improving physical infrastructure to store, move, and share water,
4. Regional preparation for new threats, including flashier floods, deeper droughts, and hotter temperatures.

House Bill 1087 Water/Wastewater Public Enterprise Reform North Carolina State Water Infrastructure Authority Access, Safety, infrastructure funding

Established "Viable Utility Reserve" to provide grants to struggling local governments to improve water system infrastructure. Created a process for merger and dissolution of water and wastewater systems.

PFAS Drinking Water Standards Ruleset Michigan EGLE Safety, quality

Adopted a ruleset limiting seven PFAS chemicals in drinking water and are more stringent than current US EPA guidance on the chemicals.

HB 1264 New Hampshire Department of Environmental Services PFAS, Safety, quality

Sets the maximum contaminant levels for certain perfluorochemicals in drinking water, establishes a PFAS fund and programs and makes an appropriation requiring insurance coverage for PFAS and PFC blood tests, and expands the statute governing ambient groundwater quality standards. Sections 12 and 14 took effect January 1, 2021, Sections 9, 10, 11 and 13 took effect September 21, 2020. Remainder took effect July 23, 2020)

Volume A (Title 10) Part 5 Subpart 5-1 Public Water Systems; Maximum Contaminant Levels' Monitoring requirements' notification requirements New York Department of Health PFAS, Safety

In 2020, the state adopted new drinking water standards addressing PFOA, PFOS, and 1,4 Dioxane, implementing maximum contamination levels of 10 ppb (1 ppb for Dioxane) and public water systems must monitor, report, and address contamination to reduce exposure.

S232 (20R)/N.J.S.A. 13:1D-157 Environmental Justice Law New Jersey New Jersey Department of Environmental Protection (DEP)

Defines overburdened community, requires an environmental justice impact statement for permit applicants in overburdened communities, requiring public hearings, and considers cumulative impacts when approving/denying a permit.

MI Clean Water Plan Michigan EGLE Safety, funding, infrastructure, quality

The plan includes $500 million investment in the state's water infrastructure, including different types of grants.

Emergency Rulemaking: Critical Area General Rules, D.C. Mun. Regs tit.21, § 2500-2505, 2599 Washington DC DOEE (Department of Energy and the Environment)

Clarified that wetlands which had been removed from Waters of the United States (WOTUS) protection were still subject to 401 permitting under DOEE regulations.

HF 1 (water infrastructure bond bill) Minnesota Minnesota Public Facilities Authority (a multi-agency authority providing financing and technical assistance to local governments for infrastructure projects) Safety, funding, infrastructure, quality

Increased the lending capacity of the Clean Water and Drinking Water revolving funds, providing funding for safe drinking water infrastructure upgrades and repairs as well as flood control and pollution protection.

CT HB 7008 An Act Concerning Enhancements to the State's Environmental Justice Law Connecticut Department of Energy and Environmental Protection (DEEP), Connecticut Siting Council

Updates section 22a-20a of the Connecticut General Statutes. "Environmental justice community," "affecting facility," "meaningful public participation" defined the same as prior law, expands definition of "Community environmental benefit agreement" (including mitigating impacts to watercourses), details how to engage with neighborhood and environmental groups. Facilities seeking new or expanded permits must enter into community environmental benefit agreement in locations that have 5 or more affecting facilities.

Memorandum to Environmental Quality Commission (Interpretive ruling) Oregon Department of Environmental Quality

Clarified that Oregon still intended to enforce its waters of the state jurisdiction, notwithstanding changes to WOTUS.

Water is a Human Right Resolution HJ 538 Virginia "The Commonwealth" Access, affordability (focus on equity)

Establishes that access to clean, potable water in amounts that will ensure an acceptable standard of living is a necessary human right.

Senate Bill 968/A2863 New Jersey public water systems, landlords implement, NJ Department of Community Affairs Safety, quality

Requires public water systems to provide notice of elevated lead levels in drinking water to customers and local officials; requires landlords to notify tenants of elevated lead levels.

SB 5141 Healthy Environment for All (HEAL) Act Washington Departments of ecology, health, natural resources, commerce, agriculture, and transportation, Puget Sound partnership, and any agency that opts to assume all of the obligations of this act

Implements the recommendations of the Environmental Justice Task Force established in 2019. Defines cumulative environmental health impact, environmental benefits, environmental harm, environmental justice. Implementation timeline varies.

An act relating to Vermont standards for issuing a Clean WaterAct section 401 certification, VT HB 108 (2021); 10 V.S.A. § 1253 Vermont Agency of Natural Resources

Not strictly jurisdictional, but expanded protections under the state's 401 program by ensuring that 401 certification could only be issued in circumstances where there is "no practicable alternative that would have a less adverse impact on wetlands and waters of the state." The bill requires that the State conduct a cumulative impacts analysis of the water quality impacts on waters and wetlands of an activity subject to the CWA section 401 certification.

HB 3293 Oregon Water Resources Department oversees, other participating agencies include: Department of Environmental Quality, Oregon Business Development Department, State Department of Fish and Wildlife, Oregon Health Authority, and Oregon Watershed Enhancement Board

Outlines agencies' obligations to provide funding to create community engagement opportunities related to water projects to include disproportionately impacted communities in decisions related to identification, scoping, design, and implementation of water projects.

Senate Concurrent Resolution 17 Oregon All state agencies

This Resolution extended the reach of SB 420 to ALL state agencies to consider EJ when implementing their statutory and regulatory responsibilities and to consult with the EJ Task Force. It also outlines the "right of all people to clean air, safe and affordable drinking water and protection from climate hazards..."

To Protect Consumers of Public Drinking Water by Establishing Maximum Contaminant Levels for Certain Substances and Contaminants (S.P. 64-L.D. 129) Maine Department of Health and Human Services PFAS, Safety

Requires water systems to monitor for PFAS contaminants, if found at 20 nanograms per liter, quarterly monitoring is required until mitigated. The DHHS will require water systems to inform the public and develop mitigation measures. On or before June 1, 2024, the department shall file a final rule with the Secretary of State regarding the regulation of regulated PFAS contaminants, establishing Maximum Contaminant Levels. Interim MCL of 20 parts per trillion went into effect.

Ordinary High Water Mark legislation (Miss. H.B. 594 (2021)) Mississippi Department of Marine Resources

Provided a definition for "Ordinary High Water Mark," a previously undefined term that set the boundaries for coastal wetlands. Not an "expansion" of jurisdiction per se, but admirable step to ensure jurisdictional determinations have a scientific basis.

Senate Bill 837 (Public Act No. 21-191) Connecticut Commissioner of Energy and Environmental Protection PFAS, Safety

Prohibits the use of class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance.

An Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution (HP 113-LD 1503) Maine Department of Environmental Protection PFAS, Safety

Established the first state-wide ban on the sale of products containing intentionally added PFAS, which goes into effect in 2030. An earlier deadline of 2023 will curb the use of PFAS in textiles.

Clean Water for Delaware Act (HB 200) Delaware Clean Water Trust Oversight Committee, Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the affected Cabinet agencies Safety, infrastructure, infrastructure funding, quality

Amends the Delaware code to designate a Delaware Clean Water Trust account to ensure the greatest environmental return on investment through the management and coordination of financial resources available to the State for drinking water, wastewater, drainage, stormwater, and other eligible clean water projects.

SB 5126 Climate Commitment Act Washington Department of Ecology, Department of Health

Established a greenhouse gas emissions cap-and-invest program, targets overburdened communities to reduce pollution, reiterates the goals and EJ framework of SB 5141. Increased air quality monitoring. Dedicated 35-40% of funds to "direct and meaningful benefits to vulnerable populations." Program begins 1/1/2023

Water and Sewer Financial Assistance Act (HB 0414) Illinois Department of Commerce and Economic Opportunity Access, affordability

Established a low-income water and sewer assistance payment program, prioritizing low-income households with the highest water burden, as well as those over 60, with additional priority to households with children and people with disabilities. The Act created the Water and Sewer Low-income Assistance Fund in the State Treasury, primarily funded through a charge imposed on customers by participating water and sewer providers.

Lead Service Line Replacement and Notification Act (HB 3739) Illinois Illinois Environmental Protection Agency, Department of Commerce and Economic Opportunity, Illinois Commerce Commission Safety, affordability, infrastructure, lead service lines

The Act bans partial lead service line replacement, creates a timeline for when all lead service lines will be replaced by, develops a progressive fund to allocate money for infrastructure projects. Funding will come from billed water usage based on census tract median household income, prioritizing the removal of LSLs in low-income communities where LSLs are most prevalent.

SB 403 California California State Water Resources Control Board Infrastructure consolidation, Regionalization & Consolidation, consolidation

This act details how consolidation of water services may be required for communities to ensure that disadvantaged communities have access to an adequate supply of safe drinking water after voluntary measures have been attempted. Public participation and engagement is also detailed in the bill language.

Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act, 250 R.I. Code R. 150-15-3 Rhode Island Rhode Island Department of Environmental Management, RI Coastal ResourcesManagement Council (CRMC)

Required establishment of wetland buffers and setbacks, phased out local rules which would conflict with new state regulations. The rulemaking was influenced by the findings and recommendations of a Legislative Task Force (LTF) previously established by the Regulatory Reform Act.

Wetland Rule Change: 15A NCAC 02H 0.1400 et seq.; 15A NCAC 02H 0.1301 North Carolina Environmental Management Commission

Like the Ohio rule, this rule filled a gap in permitting. NWPR left a category of wetlands in NC under the state's jurisdiction, but without state or federal permitting requirements. This rulemaking established permits for these wetlands.

HB 4077 Oregon Oregon Department of Environmental Quality, with assistance from Oregon Health Authority, the office of Enterprise Information Services, the Institute for Natural Resources, Portland State University Population Research Center, the Environmental Justice Council, and other natural resource agencies.

Changed the name of the Oregon Environmental Justice Task Force to the Environmental Justice Council, defined key terms, including "environmental justice," "environmental burden," "equity analysis," and "environmental justice community." Allocated funding and resources to create a statewide EJ Mapping Tool by 2025.

Environment- Permit Applications- Environmental Justice Screening (Senate Bill 0818/House Bill 1200) Maryland Maryland Department of the Environment

Passed Senate and House in April 2022, goes into effect on 10/1/2022. Requires applicants for certain permits from the Department of the Environment to include an EJ Score as part of the application using the Maryland EJ tool and may require notices regarding permit applications. The score is calculated with indicators of pollution burden exposure, pollution burden environmental effects, sensitive populations, and socioeconomic factors.

Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act (HB 22-1345) Colorado PFAS, Safety

This bill restricts the sale of PFAS in a long list of consumer products, requires labeling of products containing PFAS, and restricts the sale of fluids used in the extraction of oil and gas products starting in 2024.

SB 994/AB 3329 New Jersey Board of Public Utilities, Department of Community Affairs affordability, water shutoffs

This legislation requires the Board of Public Utilities (BPU) to collect data on consumers' ability to afford utility bills, including water and sewer bills, and the extent of water shutoffs due to non-payment. Utilities (both private and publicly owned) must share monthly data on rates, the number of customer disconnection notes sent due to bill non-payment, service disconnections due to bill non-payment, service reconnections of customers disconnected for bill non-payment, average time between service disconnection due to non-payment and service reconnection, and a number of other reporting requirements.

Water policy: environmental justice & disadvantaged and tribal communities (AB 2108) California State Water Resources Control Board civic engagement in planning processes, planning, quality

This act amends California's Water Code, directing the State Water Resources Control Board and each regional board to conduct outreach to identify issues of environmental justice as early as possible in planning, policy, and permitting processes. The boards must "engage in equitable, culturally relevant community outreach to promote meaningful civic engagement from potentially impacted communities of proposed discharges of waste that may have disproportionate impacts on water quality in disadvantaged communities or tribal communities and ensure that outreach and engagement shall continue throughout the waste discharge planning, policy, and permitting processes." Pending funding, coordinators from environmental justice and tribal communities will be hired to support this work, and the State Board will establish a community capacity-building stipend program to increase meaningful civic engagement by disadvantaged communities and tribal communities.

Cumulative Impacts Law (SB 8830/AB 2103D) New York Department of Environmental Conservation, other relevant agencies

This law became the second in the nation (along with New Jersey) to require state agencies that issue permits for polluting facilities to consider the cumulative impacts on "disadvantaged communities" and to prepare an existing burden report. "No permit shall be approved or renewed by the department if it may cause or contribute to, either directly or indirectly, a disproportionate or inequitable pollution burden on a disadvantaged community." The state had previously defined "disadvantaged communities" in the environmental conservation law as "communities that bear burdens of negative public health effects, environmental pollution, impacts of climate change, and possess certain socioeconomic criteria, or comprise high-concentrations of low- and moderate- income households."

House Bill 1138 Indiana Indiana Finance Authority and Indiana Department of Environmental Management lead, lead testing in schools

Requires preschools and child care facilities to test for the presence of lead in drinking water and remediate the contamination if it equals or exceeds the action level of 15ppb.

Constitution of the State of New York, Article 1, Section 19 New York State of New York Access, environmental rights

The New York state constitution has what is known as a “Green Amendment.” In Article 1, Section 19, it states “Each person shall have a right to clean air and water, and a healthful environment.” It was added by vote of the people in November, 2022.

House Bill 22-1358 Colorado Colorado Department of Public Health and Environment lead, lead testing in schools

Created a requirement for child care centers, family child care homes, and PK-5th grade public schools to test for lead in their drinking water sources. Results and any remediation plans must have been made publicly available online.

House File 24 Minnesota Public Facilities Authority lead, workforce training

Creates a funded grant program to replace lead service lines in Minnesota, with the goal of replacing all lead service lines in the state.

House Bill 4341 Michigan Michigan Department of Environment, Great Lakes, and Energy Safety, lead, lead testing in schools

Directs schools to create drinking water management plans with filtered water stations, along with annual testing for lead contamination in those drinking water outlets. Creates a clean drinking water fund to support schools with the implementation of the program.

House Bill 4342 Michigan Michigan Department of Licensing and Regulatory Affairs & Department of Environment, Great Lakes, and Energy Safety, lead, lead testing in schools

Provides additional standards for child care centers to mitigate exposure to lead contamination in drinking water. The act includes what assistance and trainings will be available from the MI Department of Licensing and Regulatory Affairs and the Department of Environment, Great Lakes, and Energy.

Senate Bill 88 Michigan Michigan Department of Licensing and Regulatory Affairs & Department of Environment, Great Lakes, and Energy Safety, lead, lead testing in schools

Requires child care centers to create and maintain drinking water management plans that include filtered water outlets to mitigate exposure to lead in drinking water. Testing of filtered water must occur at least every 2 years.

Senate Bill 0724, Section 1 Rhode Island Rhode Island Department of Health PFAS

Amends the law to require public water systems in exceedance of interim drinking water standards for PFAS to enter into a consent agreement with the Rhode Island Department of Environmental Management.

Senate Bill 2298 Rhode Island Rhode Island Department of Health PFAS, quality

Authorizes the establishment of maximum contaminate levels of per- and polyfluoroalkyl substances (PFAS) in drinking water systems, as well as interim standards and testing requirements, new groundwater and surface water standards, investigation of PFAS sources, and landfill monitoring.

House File 2310 Minnesota Minnesota Pollution Control Agency PFAS, funding

Creates and progresses a variety of methods to mitigate per- and polyfluoroalkyl substances (PFAS) in Minnesota, including appropriating funds for grant programs and other initiatives.

Senate Bill 1 New Mexico New Mexico State Engineer & Secretary of State Regionalization & Consolidation, regionalization

Streamlines the process of regionalizing water and wastewater public utilities in New Mexico. Intended to allow for smaller utilities to regionalize and benefit from economies of scale.

Senate Bill 5512 New York New York State Department of Health lead, lead service lines

Outlines a plan and requirements for covered water systems throughout New York state to inventory for lead service lines and make that information publicly available. The Department of Health will illustrate this data for large systems in interactive maps online.