EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0302*
SENATE BILL 302
M3, J1 2lr1576
By: Senator Lam
Introduced and read first time: January 20, 2022
Assigned to: Education, Health, and Environmental Affairs
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 O R 20
NONPOTABLE WATER SYS TEM IN A BUILDING . 21
(3) “LEGIONELLA CULTURE ” MEANS QUANTIFICATIO N OF 22
CULTURABLE LEGIONELLA PNEUMOPHIL A BACTERIA IN A WATE R SAMPLE. 23 2 SENATE BILL 302
(4) “LEGIONNAIRES’ DISEASE” MEANS A PULMONARY DI SEASE 1
CAUSED BY THE LEGIONELLA PNEUMOPHIL A BACTERIUM. 2
(B) THE DEPARTMENT SHALL ADOP T REGULATIONS REQUIR ING AN OWNER 3
OR OPERATOR OF A PUBLIC BUILDING TO E STABLISH AND IMPLEME NT A WATER 4
MANAGEMENT PROGRAM T O PREVENT THE GROWTH AND SPREAD OF LEGIONELLA 5
PNEUMOPHILA IN A BUI LDING WATER SYSTEM T O REDUCE THE RISK OF 6
LEGIONNAIRES’ DISEASE. 7
(C) THE REGULATIONS ADOPT ED UNDER SUBSECTION (B) OF THIS SECTION 8
SHALL: 9
(1) BE CONSISTENT WITH TH E AMERICAN SOCIETY OF HEATING, 10
REFRIGERATING , AND AIR–CONDITIONING ENGINEERS (ASHRAE) STANDARD 188 11
(LEGIONELLOSIS : RISK MANAGEMENT FOR BUILDING WATER SYSTEMS); 12
(2) REQUIRE VALIDATION TE STING OF WATER TO MI NIMIZE THE 13
GROWTH AND TRANSMISS ION OF LEGIONELLA PNEUMOPHIL A IN A BUILDING WATE R 14
SYSTEM; 15
(3) REQUIRE AN OWNER OR O PERATOR OF A PUBLIC BUILDING TO: 16
(I) RETAIN A COPY OF ANY SAMPLING AND MANAGEM ENT PLAN 17
AND SAMPLING RESULTS FOR A T 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 T HE OWNER 20
OR OPERATOR HAS RETA INED; AND 21
(III) ON REQUEST OF ANY DEP ARTMENT OR AGENCY WI TH 22
LICENSING OR INSPECTION AUTH ORITY OVER THE PUBLI C BUILDING, MAKE 23
AVAILABLE FOR INSPEC TION THE WATER MANAG EMENT PROGRAM ESTABL ISHED IN 24
ACCORDANCE WITH THIS SECTION; AND 25
(4) IN ADDITION TO ANY SA MPLING REQUIRED UNDE R ITEMS (1) AND 26
(2) OF THIS SUBSECTION , REQUIRE AN OWNER OR OPERATOR OF A PUBLIC BUILDING 27
TO CONDUCT LEGIONELLA PNEUMOPHIL A CULTURE SAMPLING A ND ANALYSIS OF 28
THE BUILDING WATER S YSTEM: 29
(I) AT A FREQUENCY TO BE DETERMINED BY THE 30
DEPARTMENT ; OR 31
SENATE BILL 302 3
(II) ON A DETERMINATION BY THE DEPARTMENT : 1
1. THAT ONE OR MORE CASES OF LEGIONNAIRES’ 2
DISEASE ARE, OR MAY BE, ASSOCIATED WITH THE PUBLIC BUILDING ; OR 3
2. THAT SAMPLING AND ANA LYSIS ARE REQUIRED TO 4
SATISFY OTHER CONDIT IONS SPECIFIED IN RE GULATIONS. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 6
October 1, 2022. 7