Bill > A2032

Introduced Session

This bill requires the registration, inspection, testing, cleaning, and disinfection of cooling towers. Cooling towers, which use a recirculated water system, are associated with outbreaks of Legionnaire's Disease, a respiratory condition characterized by pneumonia-like symptoms which can, in severe cases, result in death. Legionnaire's Disease is caused by contamination with Legionella bacteria, which grow in water and are spread through inhalation of contaminated mist or vapor. It is the sponsor's belief that establishing requirements for the inspection, testing, cleaning, and disinfection of cooling towers will help prevent future outbreaks of Legionnaire's Disease. Under the bill, the owner of a building at which a cooling tower is located will be required to register the cooling tower with the Department of Health (DOH) prior to initial operation of the cooling tower or, in the case of a currently-existing cooling tower, within 30 days of the effective date of the bill. The registration will include the owner's contact information and details concerning the cooling tower's specifications. The owner will additionally be required to meet certain requirements for inspecting, testing, cleaning, and disinfecting the cooling tower, and will be required to develop and implement a maintenance program and plan for the cooling tower consistent with the manufacturer's instructions and with the current standards and guidelines published by the American Society of Heating, Refrigeration, and Air-Conditioning Engineers. Specifically, the owner will be required to ensure that a cooling tower that has been shut down for more than five days is cleaned and disinfected no more than 15 days before the tower is put into use, and that each cooling tower is inspected and tested for evidence of organic material, biofilm, algae, and other visible contaminants, as well as microbial contamination, at least once every three months during any period of the year during which the cooling tower is in use. The owner will be required to certify to DOH that the inspection, testing, cleaning, and disinfection requirements have been met no later than November 1 of each year. The owner will be required to maintain records of inspections, tests, cleanings, and disinfections for three years, and will be required to maintain a copy of the maintenance program and plan on the premises at all times. The records and maintenance documents will be made available for DOH inspection at any time. An owner who fails to meet the registration, inspection, testing, cleaning, disinfection, certification, or recordkeeping requirements of the bill will be liable to a civil 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 the owner will be liable to a civil penalty of not more than $10,000 for any violation which leads to the serious injury or death of any person. Penalties will be recovered by and in the name of the Commissioner of Health and will be paid by the commissioner into the treasury of the State. In addition, when testing detects levels of microbes that indicate a maintenance deficiency requiring mitigation, the owner will be required to clean and disinfect the cooling tower within 48 hours; when test results indicate levels of microbes that present a serious health threat, the owner will be required to notify DOH and clean and disinfect the cooling tower within 24 hours. If an owner does not clean and disinfect the cooling tower within these time limits, the department may serve an order on the owner requiring compliance within a specified time. If the owner does not comply with the order, the department may complete the required cleaning and disinfection and may recover the costs of cleaning and disinfection from the owner. In addition, an owner who knowingly fails to comply with an order would be guilty of a crime of the fourth degree, which is punishable by imprisonment for up to 18 months, up to a $10,000 fine, or both. The bill requires that the inspection, testing, cleaning, and disinfection of a cooling tower, and the development of a maintenance program and plan for the cooling tower, be conducted by or under the supervision of a qualified person. The owner of a building would be permitted to designate a qualified operator to carry out the inspection, testing, cleaning, and disinfecting requirements; however, the owner would be solely liable for any civil or criminal penalties for a violation. If the owner of a building where a cooling tower is located removes or permanently discontinues use of a cooling tower, the owner will be required to notify DOH within 30 days, and include with the notice a statement that the cooling tower has been drained and sanitized. The owner will thereafter not be required to meet the requirements of the bill with respect to that cooling tower. The department will be permitted to establish reasonable fees for the registration, discontinuation of use, and annual certification of cooling towers. The commissioner will be required to annually report to the Governor and to the Legislature concerning compliance with the requirements of the bill, including the number of reported tests that found microbes at levels that present a serious health threat, the number of cases of Legionnaire's disease reported in each of the previous 10 years, and the commissioner's recommendations for further legislative action.

Committee Categories

Eliana Pintor Marin (D)*,  Annette Quijano (D)*, 

Assembly Health Hearing (10:00:00 10/17/2024 Committee Room 16, 4th Floor, State House Annex, Trenton, NJ) (on 10/17/2024)

Official Document