S T A T E O F N E W Y O R K
________________________________________________________________________
10719
I N S E N A T E
October 7, 2026
___________
Introduced by Sen. SERRANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to create a temporary state commission to study and make recom-
mendations concerning the incidence of Legionnaires' Disease caused by
cooling towers in New York city; and providing for the repeal of such
provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. A temporary state commission is hereby created to study and
make recommendations relating to the incidence of Legionnaires' Disease
caused by cooling towers in the city of New York. The commission will
place particular emphasis on studying cooling towers to determine why
and where they are susceptible to Legionella bacteria growth.
§ 2. 1. The commission shall consist of 11 members to be appointed as
follows:
a. 5 members shall be appointed by the governor;
b. 2 members shall be appointed by the temporary president of the
senate;
c. 1 member shall be appointed by the minority leader of the senate;
d. 2 members shall be appointed by the speaker of the assembly; and
e. 1 member shall be appointed by the minority leader of the assembly.
2. The members of the commission shall serve at the pleasure of the
official making the appointment of such member. Of the 5 members
appointed by the governor, 2 shall be from the department of health. The
remaining 9 members of the commission must reside in a city with a popu-
lation of one million or more.
3. Vacancies in the membership of the commission shall be filled in
the manner provided for original appointments. Membership on the commis-
sion shall not constitute a public office.
4. A chairperson and vice-chairperson of the commission shall be
elected by a majority of its members, all members being present.
5. The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16375-02-6
S. 10719 2
6. Members shall be appointed within 60 days of the effective date of
this act. Vacancies shall be filled in the same manner as original
appointments within 30 days of the occurrence of such vacancy.
7. A majority of the voting members of the commission shall constitute
a quorum for the transaction of business. The commission shall meet at
least quarterly and at such other times as the chair shall determine.
8. The department of health shall determine and provide staff support
to the commission and shall be responsible for administrative coordi-
nation of commission activities.
§ 3. The commission may meet within and without the state, shall hold
at least one public hearing each quarter, and shall have all the powers
of a legislative committee pursuant to the legislative law.
§ 4. The commission shall make a report of its findings and make any
recommendations it may deem necessary and appropriate, including recom-
mendations concerning design improvements and regulatory improvements to
cooling tower design that would limit the growth of Legionella bacteria,
to the governor, the temporary president of the senate, the speaker of
the assembly, and the Commissioner of the Department of Health no later
than one year after the effective date of this act. The commission shall
be disbanded one year after delivery of the report.
§ 5. This act shall take effect immediately and shall expire and be
repealed one year after delivery of the commission's report as provided
in section four of this act.