New Jersey Government Addresses Legionella Bacteria

 

On September 12, 2024, New Jersey Governor Phil Murphy signed Senate Bill 2188 into law, setting New Jersey on a path to address the health risks posed by the presence of Legionella bacteria in water supplied by community water systems. Legionella bacteria is found in surface water and can be introduced into drinking water supplies, where unless proper disinfection is performed the bacteria can multiply. Inhaling aerosolized Legionella bacteria can result in Legionnaire’s disease, a serious form of pneumonia that poses a significant risk of mortality for elderly and immune-compromised patients.   

The new law sets multiple deadlines for the New Jersey Departments of Environmental Protection and Health, requiring those departments to create and implement multiple systems and management practices to address the potential presence of Legionella in water supplied by community water systems and at buildings that match the state’s criteria.

  • The new law gives the NJDEP one year, until September 2025 to establish best management practices for public community water systems to use in dealing with Legionella. Once the NJDEP has promulgated these best management practices, public community water systems will have six months to develop and implement a distribution system maintenance plan. The NJDEP shall also establish a data management system to track any disruptions to public community water systems that might lessen the quality of water delivered.

  • By September 2026, the NJDEP, in consultation with the NJDOH, is required to adopt rules and regulations establishing requirements for Legionella management by public community water systems. These rules and regulations contain criteria to be used by public community water systems to develop distribution system maintenance plans, including (but not limited to) the frequency of required disinfectant (such as chlorine) residual monitoring. The legislation also requires the NJDOH or local health officer to conduct an epidemiological investigation of each reported diagnosis of Legionnaire’s disease in the state.

  • By September 2025, the owner or operator of buildings meeting the law’s criteria shall develop a water management program to address the potential for Legionella growth in the building’s water system. The buildings affected by this requirement include:

    • General or specialty hospitals

    • Buildings with whirlpools, spas, pools, HVAC cooling towers, ornamental fountains, with other features that release water aerosols

    • Correctional facilities

    • A residential high-rise structure with six or more floors and one or more centralized potable water-heater systems.

    • Hotels and motels with centralized potable water-heater systems and 25 or more units

    • Subsidized housing facilities for individuals older than 62 or with disabilities, that have centralized potable water-heater systems and 25 or more units

    • Any residential, commercial, institutional, or industrial building or facility which has been determined by the NJDOH or local health officer to have been associated with an outbreak of Legionnaire’s disease.

  • By September 2025, the NJDOH shall make available guidance documents for the development and implementation of water management programs.

  • By December 2027,  owners of buildings meeting the law’s criteria are to have fully implemented the water management programs developed for their properties.

  • Finally, the law also requires the NJDOH to develop a public awareness and education program to educate consumers about the dangers of Legionella.

 
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