Draft Water Law (Jersey) Amendment Regulations 202-

STATES OF JERSEY

DRAFT WATER LAW (JERSEY) AMENDMENT REGULATIONS 202-

Lodged au Greffe on 5th February 2026 by the Minister for the Environment Earliest date for debate: 24th March 2026

STATES GREFFE

2026  P.26/2026

REPORT

The Water (Jersey) Law 1972 sets the standards for the quality of water supplied to the public by Jersey Water and allows for amendments to the Schedules, which set out those standards, to be made  by  Regulation.  The  Independent  PFAS  Scientific  Advisory  Panel  (the  Panel)  has recommended a limit of 4 ng/l for the sum of four PFAS in water supplied to the public by Jersey Water, with the new standard to be achieved within five years.

Background

Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that have been used widely in industrial processes and consumer products. They have been manufactured and used globally for several decades and are now present in the environment worldwide.

PFAS have been used in products designed to resist heat, oil, stains and water. Common applications  include  clothing,  furniture,  adhesives,  food  packaging,  heat-resistant  non-stick cooking surfaces and the insulation of electrical wiring.

PFAS do not occur naturally in the environment. Due to their chemical structure, they are highly resistant to degradation processes and persist in water, soil and other environmental media over long periods of time. For this reason, they are often described as "forever chemicals". Many individual PFAS have since been restricted or banned from use in various jurisdictions.

Human exposure to PFAS may occur through a number of pathways, including food and drinking water. The potential health effects associated with PFAS exposure are an evolving area of scientific research, and different PFAS are understood to have different properties and effects.

In Jersey, PFAS have been detected in groundwater and surface water. Firefighting foams containing PFAS were historically used at Jersey Airport, and elevated levels of PFAS have been identified in groundwater in parts of St. Ouen 's Bay. Subsequent Island-wide testing has also identified the presence of PFAS in groundwater and surface water streams elsewhere across the Island. The detection of PFAS in wider Island groundwater and surface waters is understood to reflect a range of historical and diffuse sources and should not be interpreted as arising solely from activities at Jersey Airport.

Jersey Water abstracts water from the natural water environment, including groundwater, streams and reservoirs, for treatment before supplying water to the public network. As a result, the presence of PFAS in the environment has prompted consideration of PFAS levels in the public water supply.

In response to these issues, the Government of Jersey established the Panel to review the available scientific, medical and public health evidence relating to PFAS. The Panel has engaged with international research, reviewed the scientific literature and met with Islanders living in affected areas.

The Panel has published a series of reports examining different aspects of PFAS. These have included consideration of health effects, environmental impacts and implications for drinking water. In 2024, the World Health Organisation determined that perfluorooctanoic acid (PFOA) is carcinogenic and that perfluorooctane sulfonate (PFOS) is possibly carcinogenic.

The Panel has identified a range of health outcomes that are most likely to be associated with significant PFAS exposure, including increased cholesterol, reduced vaccination efficiency in children  and  reduced  duration  of  breastfeeding  in  exposed  mothers.  It  has  also  identified conditions that are probably associated with significant PFAS exposure, including kidney cancer, testicular cancer and impacts on liver function.

The Panel has published three finalised reports to date. Report 4, which considers environmental impacts including drinking water, is scheduled for publication in final draft form in March 2026. On 7 August 2025, the Panel published a first interim draft of Report 4, focusing specifically on PFAS in the public water supply. That report recommends that the Government of Jersey introduce a new regulatory limit for PFAS in mains drinking water.

For the purposes of drinking water regulation, the Panel has focused on a combined standard for four PFAS: perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA) and perfluorohexane sulfonate (PFHxS). The Panel recommends that a limit of 4 ng/l should apply to the sum of these four substances in water supplied to the public by Jersey Water.

Jersey Water's public water supply currently meets existing United Kingdom and European Union regulatory standards for PFAS. The Panel's report examines potential treatment options and recommends that the proposed new standard should be achieved within a period of five years.

Purpose of the Draft Law

The regulatory framework for the quality of water supplied to the public is set out in the Water (Jersey) Law 1972. For the purposes of the Law, the Minister for the Environment is the regulator, and water quality standards intended to protect human health are described as requirements for "wholesome" water.

The Law provides for the standards that define wholesome water to be set out in Schedules and allows for those standards to be amended by Regulation. This enables additional parameters or revised limits to be introduced where appropriate without the need for primary legislation.

At present, there are no statutory standards in the Law for PFAS in Jersey. In the absence of local regulatory limits, Jersey Water monitors PFAS in the public water supply by reference to standards in other jurisdictions in order to ensure the quality of water supplied to consumers.

Jersey Water's Annual Report for 2024 and its 2025 Water Quality Report set out compliance with PFAS standards that are in force, or subject to future implementation dates, in England and Wales, the European Union and the United States.

The purpose of the Draft Regulations is to introduce a statutory standard for PFAS in water supplied to the public by Jersey Water by amending the Schedule to the Law. The Schedule currently includes a  table of chemical parameters, together with their permitted maximum concentration or value and units of measurement. The proposed PFAS standard would be added to the Schedule, either within an existing table or as a new table, as appropriate.

For the purposes of drinking water regulation, the proposed standard applies to the sum of four PFAS: perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA) and perfluorohexane sulfonate (PFHxS). The Draft Regulations would set a maximum concentration of 4 ng/L for the combined total of these substances in water supplied to the public.

The Panel has recommended that the proposed standard should be achieved within a period of five years. To give effect to this recommendation, the Draft Regulations specify a commencement date for the PFAS standard reflecting the recommended implementation period.

Financial and staffing implications

There are no additional financial or staffing implications for Government as a result of this proposition.

Children's Rights Impact Assessment

A Children's Rights Impact Assessment (CRIA) screener has been prepared in relation to this proposition and is available to read on the States Assembly website.

Conclusion

The Draft Regulations will introduce a statutory standard for PFAS in water supplied to the public by Jersey Water by amending the Schedule to the Water (Jersey) Law 1972. This will provide a local regulatory framework for PFAS within the definition of wholesome water for the purposes of the Law.

The proposed standard reflects the recommendations of the Panel and applies a maximum concentration of 4 ng/L for the combined total of four PFAS – perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA) and perfluorohexane sulfonate (PFHxS). While Jersey Water's public water supply currently meets existing United Kingdom and European Union standards for PFAS, the introduction of a local statutory limit will place these requirements on a formal legislative footing.

The Draft Regulations will specify a commencement date for the new standard, reflecting the implementation period recommended by the Panel. No additional financial or staffing implications for Government arise from the proposal.

Draft Water Law (Jersey) Amendment Regulations 202-  Explanatory Note

EXPLANATORY NOTE

These Regulations, if approved, will amend Table B in the Annex to the Schedule to the Water (Jersey) Law 1972 to add per and polyfluoroalkyl substances ("PFAS") to the list of chemical parameters that are measured to determine if water is to be regarded as wholesome. The specific compounds are set out in note i to Table B. The Regulations come into force 7 days after they are made, but the amendment to Table B provides that the parameters apply from 1 January 2031.

Draft Water Law (Jersey) Amendment Regulations 202-  Regulation 1

DRAFT WATER LAW (JERSEY) AMENDMENT REGULATIONS 202-

Made  [date to be inserted] Coming into force  [date to be inserted]

THE  STATES  make  these  Regulations  under  Article 1(3)  of  the  Water  (Jersey) Law 1972 –

1  Water (Jersey) Law 1972 amended

These Regulations amend the Water (Jersey) Law 1972.

2  Schedule (meaning of "wholesome water") amended

In the Annex to the Schedule –

1. in Table B, after item 36 there is inserted –

2. in the notes to Table B, after note h there is inserted – i  The specified compounds are –

-perfluorooctane sulfonate (PFOS); -perfluorooctanoic acid (PFOA);

-perfluorononanoic acid (PFNA); and -perfluorohexane sulfonate (PFHxS).

The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

3  Citation and commencement

These Regulations may be cited as the Water Law (Jersey) Amendment Regulations 202- and come into force 7 days after they are made.