BILL NUMBER: S8499
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the public health law and the state finance law, in
relation to enacting the Legionnaires' disease prevention act
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to prevent Legionnaires' Disease by taking a comprehen-
sive, universal "source to tap" approach, as opposed to the current
approach of periodic testing of building devices such as water cooling
systems.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill requires the Department of Environmental Conservation (DEC),
Department of Health (DOH) owners or operators of public water systems,
and the owners or operators of buildings to take actions to help inform
residents of the State about, and prevent and control cases of, Legion-
naires' disease and other waterborne disease.
The bill requires the owner or operator of a public water system to (1)
maintain a minimum detectable disinfectant residual of free chlorine of
at least 0.5 milligrams per liter in all active parts of the public
water system at all times for systems utilizing chlorine as a disinfec-
tant, or maintain a minimum detectable disinfectant residual of at least
1.0 milligrams per liter of monochloramine in all active parts of the
public water system at all times for systems utilizing chloramine as a
disinfectant, and (2) 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. Under the bill, the DEC is authorized to adopt rules and regu-
lations to require additional disinfectant requirements or testing
requirements of public water systems, or to increase the minimum detect-
able disinfectant residual, to minimize the growth and transmission of
legionella bacteria as deemed necessary, and to require nitrification
action plans. The bill includes authority for DEC to impose penalties on
public water systems for violations.
The bill requires the owner or operator of a public water system to
provide written notice to its residential, commercial, and institutional
customers and to 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
also requires the owner or operator of a public water system to provide
a written record of a reported disruption in the water distribution
system to DEC within 24 hours of the occurrence of the disruption. The
bill requires DEC to establish on its Internet website a publicly acces-
sible database of the records of a disruption in the water distribution
system submitted to DEC pursuant to the bill. The bill requires DEC to
publish a public notice in the State Register and on its Internet,
website specifying the form and manner of the notice, and records
required by the bill and the specific information to be included in the
notice and records.
The bill requires DOH to conduct a comprehensive investigation into
every reported diagnosis of Legionnaires' disease and require DOH to
advise an individual diagnosed with Legionnaires' disease about the
availability of testing by DOH of the fixtures and water-using equipment
in the, individual's residence, locations frequently visited, and places
of emploYment in the 14 days immediately prior to the individual's diag-
nosis. The bill requires DOH to develop procedures and guidelines
regarding investigations of reported cases of Legionnaires' disease. The
bill authorizes DOH to delegate certain responsibilities and duties for
administering the testing and investigatory provisions of the bill to a
local health officer having jurisdiction over the locality in which a
patient diagnosed with Legionnaires' disease lives, frequently visits,
or is employed. The bill also requires DOH to establish on its Internet
website a registry accessible to the public of de-identified data
related to each case of Legionnaires' disease reported to DOH. "De-iden-
tified data" is defined in the bill as information that does not identi-
fy an individual and for which there is no reasonable basis to believe
that the information can be used to identify an indiv idual, and which
meets the requirements for de-identification of protected health infor-
mation under the federal "Health Insurance Portability and Accountabil-
ity Act of 1996," Pub.L.104-191.
The bill requires the owner or operator of buildings to implement a
water management program to minimize the growth and transmission of
legionella bacteria in the building water system consistent with ASHRAE
Standard 188-2021 and Guideline 12-2023. This requirement applies to:
(1) 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 condenser that provides cooling or refrig-
eration for a heating, ventilation, 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 establishes penalties for the owner or operator of a facility
or building who fails to implement a water management program or fails
to demonstrate compliance with a water management program consistent
with existing fine structures.
The bill requires DOH, in conjunction with DEC and the Division of
Consumer Protection at the Department of State to prepare an annual
report including information on reported cases of Legionnaires' disease,
test results indicating the presence of legionella bacteria, and recom-
mendations for such legislative action as may be necessary to further
control legionella bacteria in the public water supply and affected
buildings.
The bill requires the DOH to develop a public awareness campaign and
targeted consumer education program to educate consumers, especially
vulnerable populations, on the environmental sources of legionella
bacteria, the movement of legionella bacteria through water distribution
systems, the notification requirements required by the bill and how the
requirements impact consumers, and on methods to control legionella
bacteria in a person's home, signs and symptoms and available treatment.
Funds received through violations of this act would be put into a dedi-
cated fund to help financially support the public awareness campaign.
 
JUSTIFICATION:
Every year, often in the warmer summer months, there is a spread and
outbreak of Legionnaires' Disease throughout the country. Numbers are
somewhat elusive because not everyone that has the disease reports it,
or even seeks medical care (for example, they may just presume they have
rhinovirus, influenza, COVID or a mild pneumonia or related respiratory
affliction). However, Legionnaires' can be deadly and in Central Harlem
in 2025 it was responsible for at least 5 deaths and dozens of serious
hospitalizations. Our current approach is far too focused on building
systems such as cooling towers. Legionella bacteria exist and always
have existed outside of such systems, as they naturally occur in all
types of water both saltwater and fresh/spring water. That is why the
most effective place to target expunging and filtering the bacteria is a
source to tap method. Once Legionella is in the building system, it can
be spread anytime someone takes a shower, uses the dishwasher or other-
wise undertakes any activity that distributes water particulate into the
air. Filtering the bacteria out at the source is the finest and most
efficacious way to end Legionella spread.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
Immediately.