Bill > A1075

Introduced Session

This bill would require the Departments of Environmental Protection, Health, and Community Affairs, owners or operators of public water systems, and the owners or operators of certain types of buildings to take specified actions to help inform citizens of the State about, and prevent and control cases of, Legionnaires' disease. This bill would require the owner or operator of a public water system to maintain a detectable disinfectant residual of free chlorine, combined chlorine, or chlorine dioxide of at least 0.5 milligrams per liter in all active parts of the public water system at all times and conduct disinfectant residual testing at frequent and regular intervals to determine the amount and type of detectable disinfectant residual existing at different points in the public water system. The Department of Environmental Protection (DEP) may adopt rules and regulations to require additional, if determined to be appropriate, disinfectant requirements or testing requirements of public water systems in order to minimize the growth and transmission of Legionella bacteria. The bill would require the owner or operator of a public water system to provide written notice to its residential, commercial, and institutional customers and residents located in an affected area of disruptions in the water distribution system that could result in increased levels of Legionella bacteria being present in the public water system. The bill requires the DEP to publish a public notice in the New Jersey Register and on its Internet website specifying the form and manner of this notice and the specific information that it is to include. The bill requires the DOH to immediately notify the DEP of reported diagnoses of Legionnaires' disease, including addresses where the individual diagnosed with Legionnaires' disease resided, frequently visited, or was employed in the month immediately prior to the individual's diagnosis. Upon receiving this notification from the DOH, the bill would require the DEP to sample the water for the presence of Legionella bacteria, at all locations identified by the Department of Health. The DEP would conduct, or require the owner or operator of the applicable public water system to conduct, further testing to confirm the presence of Legionella bacteria in any source in which the bacteria is detected, as it determines to be necessary. The bill would also require owners or operators of certain types of buildings to implement a water management program to minimize the growth and transmission of Legionella bacteria in the building water system. This requirement would apply to: (1) certain health care facilities where patient stays exceed 24 hours; (2) buildings containing one or more areas for the purpose of housing or treating occupants receiving treatment for burns, chemotherapy, solid organ transplantation, or bone marrow transplantation; (3) buildings containing one or more areas for the purpose of housing or treating occupants that are immunocompromised, at-risk, on medications that weaken the immune system, or have renal disease, diabetes, or chronic lung disease; (4) buildings containing a whirlpool, spa, pool, open- or closed-circuit cooling tower or evaporative cleanser that provides cooling or refrigeration for a heating, venting, air conditioning, or refrigeration system, ornamental fountain, mister, atomizer, air wash, humidifier, or other non-potable water system or device that releases water aerosols in the building or on the property upon which the building is located; and (5) buildings that are more than 10 stories high, including any level that is below grade, with a centralized potable water-heater system. The bill provides for penalties for owners or operators of facilities or buildings who fail to implement a water management program or fail to demonstrate compliance with a water management program. A violator would be subject to a penalty of not more than $2,000 for a first violation, and not more than $5,000 for a second or subsequent violation, except that an owner or operator would be subject to a penalty of not more than $10,000 for any violation which causes serious injury or death to any person. The bill would require the DCA Commissioner, in consultation with the DEP and the DOH, and a public stakeholder group comprised of no more than five public members, including one representative of a public health organization dedicated to eradicating Legionnaires' disease and one representative of an organization representing water purveyors, to adopt rules and regulations as necessary to implement the provisions of the bill. The rules and regulations would include requirements for the monitoring and testing for Legionella bacteria in the water system of those facilities and buildings specified in the bill, and may include increased monitoring and testing of the water system in those facilities and buildings during construction activities or other events that may impact the water supply distribution system and could result in the loss of water pressure or foster the release of Legionella bacteria into the water system of the facility or building. Lastly, the bill would require the DCA Commissioner, in conjunction with the DEP and the DOH, to prepare an annual report including information on reported cases of Legionnaire's disease reported in each of the previous 10 years, test results indicating the presence of Legionella bacteria at levels that present a serious health threat, and recommendations for such legislative action as may be necessary to further control Legionella bacteria in the public water supply and affected buildings. Legionnaires' disease is type of pneumonia caused by the bacterium Legionella. This bacterium is commonly found in the country's natural waters and public water supply systems. Legionella bacteria can enter human lungs and result in Legionnaires' disease, causing substantial illness and potentially death. More than ninety percent of Legionnaires' cases, as reported by the United States Centers for Disease Control and Prevention, are individual and sporadic cases unassociated with outbreaks and indicative of likely exposure to Legionella bacteria through daily activities. Certain populations are more susceptible to contracting Legionnaires' disease, such as the immune compromised and the elderly. Proactive management of water supplies and certain building systems can control waterborne pathogens such as Legionella bacteria. Water quality can vary suddenly and substantially due to excessive rains, flooding, utility directed water sourcing changes, water main breaks, water supply system disruptions, construction activities, geological changes, water treatment system failures, and other conditions depleting residual disinfectants in our water supply. Legionnaires' disease was identified within the last 50 years, and a growing body of knowledge has resulted in best practices for managing waterborne pathogens from "source-to-human exposure." It is the intent of this bill to help the citizens of New Jersey better protect themselves from the Legionella bacteria.

AI Summary

Committee Categories

Wayne DeAngelo (D)*,  Shanique Speight (D)*,  Valerie Vainieri Huttle (D)*,  Daniel Benson (D),  Annette Chaparro (D),  Robert Karabinchak (D),  Yvonne Lopez (D),  Kevin Rooney (R), 

Reported out of Assembly Committee, 2nd Reading (on 11/15/2021)

Official Document