SENATE HEALTH, HUMAN SERVICES AND SENIOR
CITIZENS COMMITTEE
STATEMENT TO
SENATE, No. 1006
with committee amendments
STATE OF NEW JERSEY
DATED: MARCH 10, 2022
The Senate Health, Human Services and Senior Citizens
Committee reports favorably and with committee amendments Senate
Bill No. 1006.
As amended by the committee, this bill would require the
Department of Environmental Protection (DEP), the Department of
Health (DOH), 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.
The bill would require the owner or operator of a public water
system with 100 or more service connections to maintain a minimum
detectable disinfectant residual of free chlorine of at least 0.3
milligrams per liter in all active parts of the public water system at all
times and to 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 DEP would be authorized to adopt rules and regulations
to require additional disinfectant requirements or testing requirements
of public water systems, or to increase the minimum detectable
disinfectant residual, in order to minimize the growth and transmission
of Legionella bacteria.
The bill would require the owner or operator of a public water
system with 100 or more service connections 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 would also
require the owner or operator of a public water system with 100 or
more service connections to provide a written record of a reported
disruption in the water distribution system to the DEP within 24 hours
of the occurrence of the disruption. The bill would require the DEP to
establish on its Internet website a publicly accessible database of the
records of a disruption in the water distribution system submitted to
the DEP pursuant to the bill. The bill would require the DEP to 2
publish a public notice in the New Jersey 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 would require the DOH to conduct an investigation into
every reported diagnosis of Legionnaires’ disease and require the
DOH to advise an individual diagnosed with Legionnaires’ disease
about the availability of testing by the DOH of the fixtures and water-
using equipment in the individual’s residence, locations frequently
visited, and places of employment in the 45 days immediately prior to
the individual’s diagnosis. The bill would require the DOH to develop
procedures and guidelines regarding investigations of reported cases of
Legionnaires’ disease. The bill would authorize the DOH to delegate
certain responsibilities and duties for administering the testing and
investigatory provisions of section 3 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
would also require the 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 the DOH. “De-identified
data” is defined in the bill as information that does not identify an
individual and for which there is no reasonable basis to believe that the
information can be used to identify an individual, and which meets the
requirements for de-identification of protected health information
under the federal "Health Insurance Portability and Accountability Act
of 1996," Pub.L.104-191.
Section 4 of the bill would require the owner or operator 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 condenser that provides cooling or
refrigeration 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 3
(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 requires that testing conducted as part of a building’s
water management program be conducted in a manner consistent with
the American Society of Heating, Refrigeration, and Air Conditioning
Engineers (ASHRAE) Standard 188-2018 or comparable standards
adopted by a nationally recognized, accepted, and appropriate
organization, and specifies the qualifications of individuals who may
conduct the required testing.
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. 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 DOH, in consultation with the DEP, the
DCA, and a public stakeholder group, to adopt rules and regulations as
necessary to implement the provisions of the bill. The bill requires
that the rules and regulations be consistent with the ASHRAE
Standard 188-2018 or comparable standards adopted by a nationally
recognized, accepted, and appropriate organization.
The bill would require the DOH, in conjunction with the DEP and
the DCA, to prepare an annual report including information on
reported cases of Legionnaires’ disease reported in each of the
previous 10 years, test results indicating the presence of Legionella
bacteria, and recommendations for such legislative action as may be
necessary to further control Legionella bacteria in the public water
supply and affected buildings.
Lastly, the bill would require 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.
COMMITTEE AMENDMENTS:
The committee amendments provide that the provisions of the bill
that would require owners or operators of a public water system to take
specified actions to prevent and control cases of Legionnaires’ disease
will be limited to owners or operators of a public water system with
100 or more service connections. 4
The committee amendments clarify that corporations with
demonstrated experience in disinfection and pesticide will be qualified
to offer the continuing education or training course required by the bill
for individuals who will conduct testing in a building’s water
management program implemented pursuant to the bill.