SENATE BUDGET AND APPROPRIATIONS COMMITTEE
STATEMENT TO
[First Reprint]
SENATE, No. 1006
with committee amendments
STATE OF NEW JERSEY
DATED: OCTOBER 31, 2022
The Senate Budget and Appropriations Committee reports
favorably and with committee amendments Senate Bill No. 1006 (1R).
As amended by the committee, this bill requires 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 requires the owner or operator of a public water system
with 100 or more service connections to (1) 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 for systems utilizing chlorine as a disinfectant, 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 DEP is 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, or to require nitrification action plans.
The bill requires 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 also requires 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 requires the DEP to establish on its Internet 2
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 requires the DEP to 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 requires 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 requires the DOH to develop
procedures and guidelines regarding investigations of reported cases of
Legionnaires’ disease. The bill authorizes 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
also requires 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 requires 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 applies 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 3
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 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 requires 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 requires 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 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.
COMMITTEE AMENDMENTS :
The committee amendments:
1) clarify the 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 applies to systems utilizing chlorine as
a disinfectant, and require a minimum detectable disinfectant residual 4
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;
2) provide that the DEP may adopt rules and regulations
concerning nitrification action plans;
3) clarify that the owner or operator of a facility or building is to
make the water management program required by the bill available
upon request to an employee of the DCA, DEP, DOH, or any other
department or agency with license or inspection authority for the
facility or building in order to confirm that a water management
program was developed; and
4) specify that the DCA, DEP, DOH, or any other department or
agency with license or inspection authority for the facility or building
is not required to evaluate or otherwise review a water management
program unless required for an investigation of a case of Legionnaires’
disease pursuant to the bill.
FISCAL IMPACT:
The Office of Legislative Services (OLS) determines that this bill
would result in an indeterminate annual expenditure increase by the
State, local government units, and school districts that own or operate
certain buildings to utilize water management programs, conduct water
monitoring and testing, and to investigate cases of reported
Legionnaires’ Disease. The OLS understands that implementing a
water management program that meets the standards required by the
bill could cost in the range of $2,000 to $10,000 or more, depending
on the size and complexity of the building. In addition, each program
could cost several thousand dollars or more annually for water
monitoring and testing.
According to information from the Department of Health, annual
departmental expenditures under the bill could be $6 million to
investigate cases of Legionnaires’ disease. Depending on how the
investigative responsibilities are delegated, some of these costs could
be borne by the affected local government entity rather than the State.
The bill may also result in an indeterminate annual expenditure
increase by the State and by local government units that operate public
water systems with more than 100 service connections, in order to
satisfy the bill's requirements that public water systems maintain a
certain minimum level of disinfectant residual in their water supply,
and institute a testing regimen to verify this level. For those public
water systems that do not currently meet the bill's testing requirements,
the OLS understands that such testing would cost up to tens of
thousands of dollars per system annually, depending on the size of the
system.