Assembly Bill A9058

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9058
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced by M. of A. WRIGHT -- read once and referred to the Committee
   on Cities
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to requiring biannual certification of cooling towers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 28-317.5 of the administrative code of the city of
 New York, as amended by section 3 of part A of local law number  126  of
 the city of New York for the year 2021, is amended to read as follows:
   § 28-317.5 [Annual] BIANNUAL certification. The owner or operator of a
 cooling  tower shall file [an annual] A BIANNUAL certification that such
 cooling tower was inspected, tested, cleaned and disinfected in  compli-
 ance with section 17-194.1 of [the administrative code] THIS CHAPTER and
 the  rules  of  the  department of health and mental hygiene, and that a
 maintenance program and plan  has  been  developed  and  implemented  as
 required by such section. Such BIANNUAL certification shall be submitted
 [by  November  first]  IN  JANUARY AND JULY of each year, or by [a date]
 DATES otherwise specified in the rules of the  department.  [Consecutive
 annual  certifications  shall  be submitted at least 90 days apart.] The
 department of health and mental hygiene shall send an electronic remind-
 er to each owner or operator of a cooling tower at least 30 days  before
 [such]  EACH certification submission deadline. Such electronic reminder
 shall include a link to the website where such  [certification]  CERTIF-
 ICATIONS may be submitted.
   §  2. Subdivision e, paragraph 1 of subdivision h, subparagraph (i) of
 paragraph 2 of subdivision i and the opening paragraph of subdivision  l
 of  section 17-194.1 of the administrative code of the city of New York,
 subdivision e and subparagraph (i) of paragraph 2 of  subdivision  i  as
 added  by local law number 77 of the city of New York for the year 2015,
 paragraph 1 of subdivision h as amended by local law number  76  of  the
 city  of New York for the year 2019, and the opening paragraph of subdi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13604-01-5
              

 A. 9058                             2
 
 vision l as added by local law number 78 of the city of New York for the
 year 2019, are amended to read as follows:
   e.  Minimum  requirements  for  inspections and testing. At a minimum,
 cooling towers, other than cooling towers whose use has been permanently
 discontinued and for which a notice of  such  discontinuation  has  been
 sent  to  the  department of buildings, shall be inspected and tested at
 least as frequently as every [three months] WEEK during periods  of  the
 year such cooling towers are in use.
   1.  Each  inspection  shall include an evaluation of the cooling tower
 and associated equipment for the presence of organic material,  biofilm,
 algae and other visible contaminants.
   2.  (A)  Each  inspection  shall  include  a  test for the presence of
 microbes in the water of the cooling tower. The department shall by rule
 establish (i) the targets and acceptable methods  of  microbial  testing
 and  laboratory  analysis, (ii) the levels of microbes in cooling towers
 that are indicative of a maintenance  deficiency  requiring  mitigation,
 including  but  not  limited  to maintenance to prevent potential health
 risks, and (iii) the levels of microbes in cooling towers that present a
 serious health threat and require immediate action and reporting.
   [(a)] (B) Where the results  of  any  such  test  indicate  levels  of
 microbes that are indicative of a maintenance deficiency requiring miti-
 gation,  including  but  not limited to maintenance to prevent potential
 health risks, the owner of the building  that  has  such  cooling  tower
 shall,  within [48] 24 hours after such owner knows or reasonably should
 know of such results, clean and disinfect the cooling tower  in  accord-
 ance with the rules of the department.
   [(b)]  (C)  Where  the  results  of  any  such test indicate levels of
 microbes that present a serious health threat, the owner of the building
 that has such cooling tower shall, within [24] 12 hours after such owner
 knows or reasonably should know of such results, (i) notify the  depart-
 ment  and (ii) clean and disinfect the cooling tower, including an addi-
 tional application of biocide, in  accordance  with  the  rules  of  the
 department.
   1.  An  owner  shall  keep and maintain records of all inspections and
 tests performed pursuant to this section for at least [three] TEN years.
 An owner shall maintain a copy  of  the  maintenance  program  and  plan
 required  by subdivision c of this section on the premises where a cool-
 ing tower is located. Such records and plan shall be made  available  to
 the department immediately upon request.
   (i) Any owner of a building who violates any provision of this section
 or  any  of the rules promulgated thereunder shall be liable for a civil
 penalty of not more than [$2,000] $2,500 for a first violation, and  not
 more  than  [$5,000] $7,000 for a second or subsequent violation, except
 that such owner shall be liable for a penalty of not more than [$10,000]
 $12,500 for any violation that is accompanied by or results in a fatali-
 ty or serious injury.
   The commissioner, in consultation with the  department  of  buildings,
 shall  submit  a report to the mayor and the speaker of the city council
 on or before May 15 each year [until May 15,  2025],  reporting  on  the
 following information for the prior year:
   § 3. This act shall take effect immediately.