Holding Drinking Water Systems Accountable: 2025 Updates to the Water Quality Accountability Act
Holding Drinking Water Systems Accountable: 2025 Updates to the Water Quality Accountability Act
Until the establishment of the 2017 Water Quality Accountability Act (WQAA), New Jersey’s public community drinking water systems with over 500 service connections were entirely responsible for setting their own infrastructure standards. Due to a lack of transparency in how systems were managed, there was growing concern about aging infrastructure and the quality of drinking water. The WQAA was a major step in requiring water purveyors to improve safety, reliability, and administrative oversight of water infrastructure, thereby serving as a way to hold drinking water systems accountable. In 2021, amendments made to the law provided the New Jersey Department of Environmental Protection (NJDEP) with the tools to enforce it. The Jersey Water Works Asset Management and Finance Committee (JWW-AMF), along with its predecessor, the Best Practices Committee, played a key role in providing recommendations that informed the WQAA legislation and its subsequent amendments. These included legislative testimonies by multiple JWW members, collaborating with the American Water Works Association New Jersey section Infrastructure Management Committee to submit recommendations on Asset Management Key Performance Indicators, and public comments on WQAA rules and regulations, elevating important perspectives.
The Establishment of the Water Quality Accountability Act
New Jersey’s 2017 WQAA law instituted management standards for public community drinking water systems. New Jersey was one of the first states to take this comprehensive, statewide approach to drinking water system management and accountability. Public water systems are now required to:
- Develop and implement asset management plans.
- Maintain and inspect valve hydrants on a regular schedule.
- Prepare capital improvement plans.
- Certify annually that the system is in compliance with state and federal drinking water regulations.
In 2021, the legislature passed P.L. 2021, c.262, which strengthened WQAA through the following additions:
- Expanding cybersecurity requirements
- Requiring annual capital improvement reports with a 10-year outlook
- Directing NJDEP to adopt a schedule of civil administrative penalties for WQAA violations
- Requiring NJDEP to publish an annual report card for each water purveyor.
2024 Updates to the WQAA
WQAA included all the right components for proactive, responsible drinking water system management, but it lacked enforcement, enabling systems to continue operating without adhering to WQAA standards and without repercussions. On September 15, 2025, the NJDEP adopted major updates to the Safe Drinking Water Act rules and the Water Supply Allocation Rules, establishing a clearer framework for enforcement, asset management, and financial planning.
The following updates create an enforceable WQAA:
- Clear penalties for failing to comply: For the first time, WQAA obligations are tied directly to a civil administrative penalty schedule under the Safe Drinking Water Act rules. For the first time, NJDEP has a clear path to enforcement for WQAA-regulated systems that fail to comply with regulations.
- Stronger asset management and financial planning: The new rules outline the components an asset management plan must include:
- Assess the criticality of assets, considering risks like flooding and other hazards.
- Include major priorities such as lead service line replacement and treatment for contaminants, such as PFAS.
- Evaluate likely funding sources and ensure the strategy is supported by the system’s rate and fee structure. The asset management plan must be linked to a long-term funding strategy.
- Training Expectations
- The mayor, executive director, or chief executive officer of the drinking water system must submit annual certification statements.
- Responsible officials are required to complete training and certify completion on a regular basis, ensuring elected and appointed leaders understand their role in managing water systems.
- Adopting the AWWA Water Audit: Water systems must shift from older measures of unaccounted for water to the American Water Works Association (AWWA) water audit, which is the standard for tracking non-revenue water.
Looking Ahead
WQAA and its updates are transformative laws for New Jersey’s water infrastructure by focusing on incentivizing proactive improvements and investments in aging water infrastructure. For water advocates and professionals, data transparency from WQAA can help demonstrate the need for adequate funding for capital investment. The EPA estimates that addressing New Jersey’s drinking water infrastructure needs alone would cost $12.3 billion. With these new updates to the WQAA and through responsible enforcement, the NJDEP can enable proactive compliance from public water systems.
