EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0248*
HOUSE BILL 248
M3, J1 2lr0977
By: Delegate Stewart
Introduced and read first time: January 13, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Legionnaires’ Disease Prevention Act 2
FOR the purpose of requiring the Department of the Environment to adopt regulations 3
requiring an owner or operator of a public building to establish and implement a 4
water management program to prevent the growth and spread of Legionella 5
pneumophila in a building water system to reduce the risk for Legionnaires’ disease; 6
and generally relating to preventing the growth and spread of Legionella 7
pneumophila to reduce the risk of Legionnaires’ disease. 8
BY adding to 9
Article – Environment 10
Section 9–405.1 11
Annotated Code of Maryland 12
(2014 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Environment 16
9–405.1. 17
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) “BUILDING WATER SYSTEM ” INCLUDES A POTABLE OR 20
NONPOTABLE WATER SYS TEM IN A BUILDING. 21
(3) “LEGIONELLA CULTURE ” MEANS QUANTIFICATION OF 22
CULTURABLE LEGIONELLA PNEUMOPHIL A BACTERIA IN A WATE R SAMPLE. 23 2 HOUSE BILL 248
(4) “LEGIONNAIRES’ DISEASE” MEANS A PULMONARY DISEASE 1
CAUSED BY THE LEGIONELLA PNEUMOPHIL A BACTERIUM. 2
(B) THE DEPARTMENT SHALL ADOPT REGULATIONS REQUIRING AN OWNER 3
OR OPERATOR OF A PUBLIC BUILDING TO ESTABLISH AND IMPLEMENT A WATER 4
MANAGEMENT PROGRAM TO PREVENT THE GROWTH AN D SPREAD OF LEGIONELLA 5
PNEUMOPHILA IN A BUILDING WATER SYSTEM TO REDUCE THE RISK OF 6
LEGIONNAIRES’ DISEASE. 7
(C) THE REGULATIONS ADOPTED UNDER SUBSECTION (B) OF THIS SECTION 8
SHALL: 9
(1) BE CONSISTENT WITH THE AMERICAN SOCIETY OF HEATING, 10
REFRIGERATING , AND AIR–CONDITIONING ENGINEERS (ASHRAE) STANDARD 11
188 (LEGIONELLOSIS : RISK MANAGEMENT FOR BUILDING WATER SYSTEMS); 12
(2) REQUIRE VALIDATION TESTING O F WATER TO MINIMIZE THE 13
GROWTH AND TRANSMISS ION OF LEGIONELLA PNEUMOPHILA IN A BUILDING WATER 14
SYSTEM; 15
(3) REQUIRE AN OWNER OR OPERATOR OF A PUBLIC BUILDING TO: 16
(I) RETAIN A COPY OF ANY SAMPLING AND MANAGEM ENT PLAN 17
AND SAMPLING RESULTS FOR AT LEAST 3 YEARS; 18
(II) ON REQUEST OF THE DEPARTMENT , PROVIDE A COPY OF 19
ANY SAMPLING AND MAN AGEMENT PLAN AND SAM PLING RESULTS THAT THE OWNER 20
OR OPERATOR HAS RETA INED; AND 21
(III) ON REQUEST OF ANY DEP ARTMENT OR AGENCY WI TH 22
LICENSING OR INSPECT ION AUTHORITY OVER T HE PUBLIC BUILDING, MAKE 23
AVAILABLE FOR INSPEC TION THE WATER MANAGEMENT PROGRAM ESTABLISHED IN 24
ACCORDANCE WITH THIS SECTION; AND 25
(4) IN ADDITION TO ANY SAMPLING REQUIRE D UNDER ITEMS (1) AND 26
(2) OF THIS SUBSECTION , REQUIRE AN OWNER OR OPERATOR OF A PUBLIC BUILDING 27
TO CONDUCT LEGIONELLA PNEUMOPHILA CULTURE SAMPLING AND ANALYSI S OF 28
THE BUILDING WATER SYSTEM : 29
(I) AT A FREQUENCY TO BE DETERMINED BY THE 30
DEPARTMENT ; OR 31
HOUSE BILL 248 3
(II) ON A DETERMINATION BY THE DEPARTMENT : 1
1. THAT ONE OR MORE CASE S OF LEGIONNAIRES’ 2
DISEASE ARE, OR MAY BE, ASSOCIATED WITH THE PUBLIC BUILDING ; OR 3
2. THAT SAMPLING AND ANALYSI S IS REQUIRED TO 4
SATISFY OTHER CONDITION S SPECIFIED IN REGULATIONS. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2022. 7