NY State Senate Bill 2025-S8499

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 05, 2025	referred to rules

2025-S8499 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add Art 21 Title 9 §§2186 - 2186-g, Pub Health L; add §99-tt, St Fin L

2025-S8499 (ACTIVE) - Summary

Requires the department of environmental conservation and the department of health, owners or operators of public water systems, and owners or operators of buildings to take actions to prevent and control waterborne pathogens including legionella from source-to-tap; creates a public awareness and education campaign.

2025-S8499 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8499

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law and the state finance law, in
relation to enacting the Legionnaires' disease prevention act

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to prevent Legionnaires' Disease by taking a comprehen-
sive, universal "source to tap" approach, as opposed to the current
approach of periodic testing of building devices such as water cooling
systems.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill requires the Department of Environmental Conservation (DEC),
Department of Health (DOH) owners or operators of public water systems,
and the owners or operators of buildings to take actions to help inform
residents of the State about, and prevent and control cases of, Legion-
naires' disease and other waterborne disease.

The bill requires the owner or operator of a public water system to (1)
maintain a minimum detectable disinfectant residual of free chlorine of
at least 0.5 milligrams per liter in all active parts of the public
water system at all times for systems utilizing chlorine as a disinfec-
tant, 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 DEC is authorized to adopt rules and regu-
lations to require additional disinfectant requirements or testing
requirements of public water systems, or to increase the minimum detect-
able disinfectant residual, to minimize the growth and transmission of
legionella bacteria as deemed necessary, and to require nitrification
action plans. The bill includes authority for DEC to impose penalties on
public water systems for violations.

The bill requires the owner or operator of a public water system 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 to provide
a written record of a reported disruption in the water distribution
system to DEC within 24 hours of the occurrence of the disruption. The
bill requires DEC to establish on its Internet website a publicly acces-
sible database of the records of a disruption in the water distribution
system submitted to DEC pursuant to the bill. The bill requires DEC to
publish a public notice in the State 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 DOH to conduct a comprehensive investigation into
every reported diagnosis of Legionnaires' disease and require DOH to
advise an individual diagnosed with Legionnaires' disease about the
availability of testing by DOH of the fixtures and water-using equipment
in the, individual's residence, locations frequently visited, and places
of emploYment in the 14 days immediately prior to the individual's diag-
nosis. The bill requires DOH to develop procedures and guidelines
regarding investigations of reported cases of Legionnaires' disease. The
bill authorizes DOH to delegate certain responsibilities and duties for
administering the testing and investigatory provisions 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 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 DOH. "De-iden-
tified data" is defined in the bill as information that does not identi-
fy an individual and for which there is no reasonable basis to believe
that the information can be used to identify an indiv idual, and which
meets the requirements for de-identification of protected health infor-
mation under the federal "Health Insurance Portability and Accountabil-
ity Act of 1996," Pub.L.104-191.

The bill requires the owner or operator of buildings to implement a
water management program to minimize the growth and transmission of
legionella bacteria in the building water system consistent with ASHRAE
Standard 188-2021 and Guideline 12-2023. This requirement applies to:

(1) 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 refrig-
eration 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

(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 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 consistent
with existing fine structures.

The bill requires DOH, in conjunction with DEC and the Division of
Consumer Protection at the Department of State to prepare an annual
report including information on reported cases of Legionnaires' disease,
test results indicating the presence of legionella bacteria, and recom-
mendations for such legislative action as may be necessary to further
control legionella bacteria in the public water supply and affected
buildings.

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, signs and symptoms and available treatment.
Funds received through violations of this act would be put into a dedi-
cated fund to help financially support the public awareness campaign.

 
JUSTIFICATION:

Every year, often in the warmer summer months, there is a spread and
outbreak of Legionnaires' Disease throughout the country. Numbers are
somewhat elusive because not everyone that has the disease reports it,
or even seeks medical care (for example, they may just presume they have
rhinovirus, influenza, COVID or a mild pneumonia or related respiratory
affliction). However, Legionnaires' can be deadly and in Central Harlem
in 2025 it was responsible for at least 5 deaths and dozens of serious
hospitalizations. Our current approach is far too focused on building
systems such as cooling towers. Legionella bacteria exist and always
have existed outside of such systems, as they naturally occur in all
types of water both saltwater and fresh/spring water. That is why the
most effective place to target expunging and filtering the bacteria is a
source to tap method. Once Legionella is in the building system, it can
be spread anytime someone takes a shower, uses the dishwasher or other-
wise undertakes any activity that distributes water particulate into the
air. Filtering the bacteria out at the source is the finest and most
efficacious way to end Legionella spread.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
Immediately.

2025-S8499 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8499
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             September 5, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law and  the  state  finance  law,  in
   relation to enacting the Legionnaires' disease prevention act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Legionnaires' disease prevention act".
   §  2.  Article  21 of the public health law is amended by adding a new
 title 9 to read as follows:
                                 TITLE IX
                           LEGIONNAIRES' DISEASE
         SECTION 2186. PUBLIC WATER SYSTEM  WATER  TREATMENT,  MONITORING
                         AND MANAGEMENT.
         2186-A. WATER   USER   NOTIFICATION   OF   PUBLIC  WATER  SYSTEM
                   DISRUPTIONS.
         2186-B. LEGIONNAIRES' DISEASE CASE INVESTIGATION AND REGISTRY.
         2186-C. LEGIONNAIRES' DISEASE REPORTING AND PUBLIC WATER  SYSTEM
                   SAMPLING.
         2186-D. BUILDING WATER MANAGEMENT PLANS.
         2186-E. ANNUAL REPORT.
         2186-F. PUBLIC AWARENESS CAMPAIGN.
         2186-G. DISPOSITION OF FINES.
   §  2186.  PUBLIC  WATER SYSTEM WATER TREATMENT, MONITORING AND MANAGE-
 MENT.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, OR RULE  OR  REGU-
 LATION  TO THE CONTRARY, AND NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER
 THE EFFECTIVE DATE OF THIS SECTION, THE OWNER OR OPERATOR  OF  A  PUBLIC
 WATER SYSTEM SHALL:
   (A) MAINTAIN A DETECTABLE DISINFECTANT RESIDUAL OF FREE CHLORINE OF AT
 LEAST  0.5  MILLIGRAMS PER LITER IN ALL ACTIVE PARTS OF THE PUBLIC WATER
 SYSTEM AT ALL TIMES; SYSTEMS THAT USE MONOCHLORAMINE  SHALL  MAINTAIN  A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13673-01-5

 S. 8499                             2
 
 DETECTABLE  DISINFECTANT RESIDUAL OF AT LEAST ONE MILLIGRAM PER LITER IN
 ALL ACTIVE PARTS OF THE PUBLIC WATER SYSTEM AT ALL TIMES; AND
   (B)  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.
   2.  (A)  IF  THE OWNER OR OPERATOR OF THE PUBLIC WATER SYSTEM FAILS TO
 MEET THE MINIMUM DETECTABLE DISINFECTANT  RESIDUAL  TARGETS  ESTABLISHED
 PURSUANT  TO  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF THIS SECTION, THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION   SHALL   INVESTIGATE   SUCH
 VIOLATION  OR,  AT  ITS  DISCRETION,  AUTHORIZE  A THIRD-PARTY ENTITY TO
 CONDUCT THE INVESTIGATION.  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 IS AUTHORIZED TO IMPOSE FINES ON THE OWNER OR OPERATOR OF A PUBLIC WATER
 SYSTEM FOR VIOLATIONS OF THIS SECTION AND FOR FAILURE TO COMPLY WITH THE
 REQUIREMENTS OF THIS ARTICLE.
   (B) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL DEVELOP  PROCE-
 DURES AND GUIDELINES REGARDING THE INVESTIGATION OF AN OWNER OR OPERATOR
 OF  A  PUBLIC  WATER  SYSTEM CONDUCTED PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, INCLUDING, BUT NOT LIMITED, TO:
   (I) THE DEFINITION OF WHAT CONSTITUTES A REPEATED FAILURE TO MEET  THE
 MINIMUM DETECTABLE DISINFECTANT RESIDUAL TARGETS;
   (II)  THE REQUIREMENTS FOR REPORTING VIOLATIONS OF THE MINIMUM DETECT-
 ABLE DISINFECTANT RESIDUAL TARGETS;
   (III) WHEN TO INITIATE AN INITIAL INVESTIGATION OF VIOLATIONS OF MINI-
 MUM DETECTABLE DISINFECTANT RESIDUAL  TARGETS  AND  SUBSEQUENT  INVESTI-
 GATIONS;
   (IV) THE ESTABLISHMENT OF PENALTIES FOR A VIOLATION OF MINIMUM DETECT-
 ABLE DISINFECTANT RESIDUAL TARGETS, IF SUCH DEPARTMENT DETERMINES THAT A
 VIOLATION HAS OCCURRED;
   (V)  THE DEVELOPMENT OF A NOTICE TO INFORM WATER CONSUMERS IF A PUBLIC
 WATER SYSTEM FAILS TO MAINTAIN THE MINIMUM DETECTABLE DISINFECTANT RESI-
 DUAL TARGETS ESTABLISHED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF
 THIS SECTION; AND
   (VI) THE CRITERIA USED BY THE DEPARTMENT TO SELECT APPROPRIATE  THIRD-
 PARTY  ENTITIES  TO  CONDUCT  INVESTIGATIONS OF ADDITIONAL VIOLATIONS OF
 MINIMUM DETECTABLE DISINFECTANT RESIDUAL TARGETS.
   3. (A) NO LATER THAN  ONE  YEAR  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION
 WITH THE DEPARTMENT OF HEALTH, SHALL ADOPT RULES AND REGULATIONS  PURSU-
 ANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT, TO:
   (I)  REQUIRE  ADDITIONAL DISINFECTANT REQUIREMENTS OR TESTING REQUIRE-
 MENTS OF PUBLIC WATER SYSTEMS IF DEEMED NECESSARY;
   (II) TO INCREASE THE MINIMUM DETECTABLE DISINFECTANT RESIDUAL TO MINI-
 MIZE THE GROWTH AND TRANSMISSION OF LEGIONELLA BACTERIA;
   (III) REQUIRE NITRIFICATION ACTION PLANS FOR PUBLIC WATER SYSTEMS THAT
 UTILIZE MONOCHLORAMINE TO REDUCE STAGNATION AND DEAD LEGS; AND
   (IV) ESTABLISH REQUIREMENTS FOR THE MONITORING OF PUBLIC WATER SYSTEMS
 FOR LEGIONELLA AND ADEQUATE TREATMENT DURING:
   (1) CONSTRUCTION ACTIVITIES;
   (2) A CHANGE IN THE WATER TREATMENT PROCESS;
   (3) ANY PLANNED OR UNPLANNED EVENT THAT REDUCES WATER  DELIVERY  PRES-
 SURE BELOW TWENTY POUNDS PER SQUARE INCH;
   (4) A LEAD SERVICE LINE REPLACEMENT;
   (5) A NEW CONSTRUCTION TIE-IN;
   (6) A SOURCE WATER CHANGE;
   (7) WATER TREATMENT PLANT MAINTENANCE OR CHANGES;
   (8) CHANGES IN DIRECTIONAL WATER FLOW;
 S. 8499                             3
 
   (9) FLOODING;
   (10) REPLACEMENT OF VALVES, HYDRANTS, OR METERS;
   (11) PUMPING FAILURES;
   (12) PIPELINE OR WATER MAIN BREAKS;
   (13) SYSTEM REPAIRS; OR
   (14)  EMERGENCY  CONDITIONS  OR OTHER DISRUPTIONS AS DETERMINED BY THE
 DEPARTMENT THAT MAY IMPACT THE PUBLIC WATER SYSTEM.
   (B) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL NOT REDUCE  THE
 MINIMUM DETECTABLE DISINFECTANT RESIDUAL TARGETS ESTABLISHED PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
   4. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL SUBMIT AN ANNUAL
 REPORT  TO THE GOVERNOR AND TO THE LEGISLATURE BEGINNING TWO YEARS AFTER
 THE EFFECTIVE DATE OF THIS SECTION WITH ITS RECOMMENDATIONS AS TO WHETH-
 ER THE MINIMUM  DETECTABLE  DISINFECTANT  RESIDUAL  TARGETS  ESTABLISHED
 PURSUANT  TO  PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHOULD BE
 INCREASED TO MINIMIZE THE GROWTH AND TRANSMISSION OF  LEGIONELLA  BACTE-
 RIA.
   §  2186-A. WATER USER NOTIFICATION OF PUBLIC WATER SYSTEM DISRUPTIONS.
 1.  THE OWNER OR OPERATOR OF A PUBLIC WATER SYSTEM SHALL PROVIDE A TIME-
 LY WRITTEN NOTICE, IN A FORM AND MANNER AS DETERMINED BY THE  DEPARTMENT
 OF  ENVIRONMENTAL  CONSERVATION  PURSUANT  TO  SUBDIVISION THREE OF THIS
 SECTION, TO ALL RESIDENTIAL, COMMERCIAL, AND INSTITUTIONAL CUSTOMERS AND
 RESIDENTS SERVED BY THE PUBLIC WATER SYSTEM AND 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 CONTENT OF SUCH NOTICE SHALL BE DEVELOPED IN CONSULTA-
 TION WITH THE DEPARTMENT AND SHALL INCLUDE, BUT ARE NOT LIMITED TO:
   (A)  NOTIFICATION  THAT  PLANNED CONSTRUCTION, MAINTENANCE, REPAIR, OR
 REPLACEMENT OF A PART OF THE SYSTEM MAY AFFECT  LEGIONELLA  BACTERIA  IN
 THE  WATER  DISTRIBUTION  SYSTEM  AND  TEMPORARILY INCREASE THE LEVEL OF
 LEGIONELLA BACTERIA IN THE PUBLIC WATER SYSTEM;
   (B) THE ESTIMATED LENGTH OF TIME THAT THE LEVEL OF LEGIONELLA BACTERIA
 MAY REMAIN ELEVATED, AS DETERMINED BY THE DEPARTMENT;
   (C) GENERAL INFORMATION ON THE POSSIBLE SOURCES OF LEGIONELLA BACTERIA
 IN THE PUBLIC WATER SYSTEM, AND  THE  HEALTH  EFFECTS  OF  LEGIONNAIRES'
 DISEASE AND RELATED ILLNESSES TO AT-RISK POPULATIONS; AND
   (D)  MEASURES  CONSUMERS  CAN  TAKE TO REDUCE OR ELIMINATE EXPOSURE TO
 LEGIONELLA BACTERIA, INCLUDING, BUT NOT LIMITED TO, ENSURING  HOT  WATER
 HEATERS  ARE  WORKING  PROPERLY  WITH REGULAR FLUSHING AND MAINTAINING A
 TEMPERATURE OF AT LEAST ONE HUNDRED THIRTY  DEGREES  FAHRENHEIT  AT  THE
 WATER HEATER OUTLET, FLUSHING WATER LINES, INCLUDING THE HOT WATER HEAT-
 ER  DRAIN  AND  EXTERNAL HOSE CONNECTIONS DURING AND AFTER COMPLETION OF
 CONSTRUCTION WORK, REMOVING AND  CLEANING  FAUCET  AERATOR  SCREENS  AND
 SHOWERHEADS,  AND  INSTALLING  A  WATER FILTER OR WATER TREATMENT DEVICE
 CERTIFIED TO REMOVE LEGIONELLA BACTERIA.
   2. NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE  DATE  OF
 THIS SECTION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTA-
 TION  WITH THE DEPARTMENT AND THE DIVISION OF CONSUMER PROTECTION, SHALL
 PUBLISH A PUBLIC NOTICE IN  THE  STATE  REGISTER  AND  ON  ITS  INTERNET
 WEBSITE  SPECIFYING  THE FORM AND MANNER OF THE NOTICE REQUIRED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION AND THE SPECIFIC  INFORMATION  TO  BE
 INCLUDED IN THE NOTICE.
   3.  (A) THE OWNER OR OPERATOR OF A PUBLIC WATER SYSTEM SHALL PROVIDE A
 WRITTEN RECORD OF A DISRUPTION IN THE WATER DISTRIBUTION SYSTEM  TO  THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION WITHIN TWENTY-FOUR HOURS OF THE
 OCCURRENCE  OF  THE DISRUPTION IN THE WATER DISTRIBUTION SYSTEM. AS USED
 S. 8499                             4
 
 IN THIS ACT, "DISRUPTION IN THE WATER  DISTRIBUTION  SYSTEM"  MEANS  ANY
 DISRUPTION TO NORMAL WATER TRANSMISSION, INCLUDING, BUT NOT LIMITED TO:
   (I)  A  CHANGE  IN  THE  WATER  TREATMENT PROCESS, INCLUDING TEMPORARY
 CHANGES FROM A CHLORAMINE RESIDUAL TO A FREE CHLORINE RESIDUAL  OR  VICE
 VERSA;
   (II)  ANY PLANNED OR UNPLANNED EVENT THAT REDUCES WATER DELIVERY PRES-
 SURE BELOW TWENTY POUNDS PER SQUARE INCH;
   (III) A LEAD SERVICE LINE REPLACEMENT;
   (IV) A NEW CONSTRUCTION TIE-IN;
   (V) A SOURCE WATER CHANGE;
   (VI) WATER TREATMENT PLANT MAINTENANCE OR CHANGES;
   (VII) CHANGES IN DIRECTIONAL WATER FLOW;
   (VIII) FLOODING;
   (IX) REPLACEMENT OF VALVES, HYDRANTS, OR METERS;
   (X) PUMPING FAILURES;
   (XI) PIPELINE OR WATER MAIN BREAKS;
   (XII) SYSTEM REPAIRS; OR
   (XIII) EMERGENCY CONDITIONS.
   (B) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  SHALL  ESTABLISH  ON
 ITS  INTERNET WEBSITE A PUBLICLY ACCESSIBLE DATABASE OF THE RECORDS OF A
 DISRUPTION IN THE WATER DISTRIBUTION SYSTEM RECEIVED BY  THE  DEPARTMENT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   §  2186-B.  LEGIONNAIRES'  DISEASE CASE INVESTIGATION AND REGISTRY. 1.
 FOR EVERY REPORTED DIAGNOSIS OF LEGIONNAIRES'  DISEASE,  THE  DEPARTMENT
 SHALL:
   (A) CONDUCT A COMPREHENSIVE INVESTIGATION INTO THE REPORTED CASE;
   (B)  ADVISE  THE INDIVIDUAL DIAGNOSED WITH LEGIONNAIRES' DISEASE ABOUT
 THE AVAILABILITY OF TESTING  BY  THE  DEPARTMENT  OF  THE  FIXTURES  AND
 WATER-USING EQUIPMENT IN THE INDIVIDUAL'S RESIDENCE, LOCATIONS FREQUENT-
 LY  VISITED,  AND  PLACES OF EMPLOYMENT IN THE FOURTEEN DAYS IMMEDIATELY
 PRIOR TO THE INDIVIDUAL'S DIAGNOSIS; AND
   (C) IN A MANNER CONSISTENT WITH THE CONSENT PROVIDED BY THE INDIVIDUAL
 DIAGNOSED WITH LEGIONNAIRES' DISEASE  OR  THE  OWNER  OF  THE  PROPERTY,
 SAMPLE  AND TEST THE FIXTURES AND WATER-USING EQUIPMENT FOR THE PRESENCE
 OF LEGIONELLA BACTERIA, EACH TEST SHALL BE  CONDUCTED  BY  A  LABORATORY
 CERTIFIED FOR THIS PURPOSE BY THE DEPARTMENT.
   2.  THE  DEPARTMENT  SHALL DEVELOP PROCEDURES AND GUIDELINES REGARDING
 THE INVESTIGATION OF EVERY REPORTED DIAGNOSIS OF  LEGIONNAIRES'  DISEASE
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, INCLUDING,
 BUT NOT LIMITED TO:
   (A)  DOCUMENTATION  OF ANY DISRUPTION IN THE WATER DISTRIBUTION SYSTEM
 SERVING THE PRIMARY RESIDENCE OR WATER EXPOSURE POINTS FREQUENTED BY  AN
 INFECTED  INDIVIDUAL  IN THE FOURTEEN DAYS PRECEDING INFECTION, THAT MAY
 HAVE CAUSED THE RELEASE OF LEGIONELLA BACTERIA INTO THE  HOME  OR  OTHER
 WATER  EXPOSURE  POINT FREQUENTED BY THE INFECTED INDIVIDUAL DURING THAT
 PERIOD;
   (B) INVESTIGATION OF  POTENTIAL  SOURCES  OF  EXPOSURE  TO  LEGIONELLA
 BACTERIA  FROM FIXTURES, WATER-USING EQUIPMENT, OR FEATURES AT THE INDI-
 VIDUAL'S RESIDENCE INCLUDING WATER EXPOSURES EXTERNAL TO  THE  RESIDENCE
 SUCH AS IRRIGATION, HOSES, OR WATER-BASED EQUIPMENT AND DEVICES; AND
   (C)  INVESTIGATION  OF  POTENTIAL  SOURCES  OF  EXPOSURE TO LEGIONELLA
 BACTERIA FROM OTHER IDENTIFIED WATER EXPOSURE POINTS SUCH AS  VISITS  TO
 BUILDINGS,  WATER  FEATURES, CAR WASHES, IRRIGATION SYSTEMS, EXPOSURE TO
 PRESSURE WASHING, CAR WINDSHIELD FLUIDS, PUBLIC FOUNTAINS OR TOILETS, OR
 OTHER ASPECTS OF DAILY TRAVEL AND ACTIVITIES.
 S. 8499                             5
 
   3. THE DEPARTMENT MAY DELEGATE ITS RESPONSIBILITIES AND DUTIES  PURSU-
 ANT  TO THIS SECTION AS DEEMED APPROPRIATE FOR ADMINISTERING THE TESTING
 AND INVESTIGATORY PROVISIONS OF THIS SECTION TO A LOCAL  HEALTH  OFFICER
 HAVING  JURISDICTION OVER THE LOCALITY IN WHICH A PATIENT DIAGNOSED WITH
 LEGIONNAIRES' DISEASE LIVES, FREQUENTLY VISITS, OR IS EMPLOYED.
   4.  THE  DEPARTMENT SHALL 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 DEPARTMENT. AS USED IN THIS SUBDI-
 VISION, "DE-IDENTIFIED DATA" MEANS 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 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT  OF  1996,
 AND  ANY  REGULATIONS  ADOPTED  PURSUANT THERETO BY THE SECRETARY OF THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN  SERVICES.  THE  DEPARTMENT
 SHALL  MAKE  EVERY  EFFORT  TO  PROVIDE  INFORMATION  ON THE APPROXIMATE
 LOCATION OF A CASE OF LEGIONNAIRES' DISEASE TO THE NEAREST CITY BLOCK OR
 GENERAL NEIGHBORHOOD DESCRIPTION WHILE ENSURING  THE  PROTECTION  OF  AN
 INDIVIDUAL'S PRIVACY.
   §  2186-C.  LEGIONNAIRES'  DISEASE  REPORTING  AND PUBLIC WATER SYSTEM
 SAMPLING. 1. FOR EVERY REPORTED DIAGNOSIS OF LEGIONNAIRES' DISEASE,  THE
 DEPARTMENT  SHALL  IMMEDIATELY PROVIDE NOTIFICATION TO THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION OF THE  DIAGNOSIS.  THIS  NOTIFICATION  SHALL
 INCLUDE  ADDRESSES  WHERE  THE  INDIVIDUAL  DIAGNOSED WITH LEGIONNAIRES'
 DISEASE RESIDED, FREQUENTLY VISITED, OR WAS EMPLOYED IN THE MONTH  IMME-
 DIATELY PRIOR TO THE INDIVIDUAL'S DIAGNOSIS.
   2. UPON RECEIPT OF NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 SHALL  SAMPLE  AND  TEST OR ORDER THE SAMPLING AND TESTING OF THE PUBLIC
 WATER SYSTEM FOR THE PRESENCE OF LEGIONELLA BACTERIA, AT  ALL  LOCATIONS
 IDENTIFIED  BY THE DEPARTMENT. EACH TEST SHALL BE CONDUCTED BY A LABORA-
 TORY CERTIFIED FOR THIS PURPOSE BY THE  DEPARTMENT,  AND  IN  ACCORDANCE
 WITH  THE  SAMPLING  AND TESTING METHODS ESTABLISHED AND PROVIDED BY THE
 DEPARTMENT.
   3. THE DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  SHALL  CONDUCT  OR
 REQUIRE  THE  OWNER OR OPERATOR OF THE APPLICABLE PUBLIC WATER SYSTEM TO
 CONDUCT FURTHER TESTING TO CONFIRM THE PRESENCE OF  LEGIONELLA  BACTERIA
 IN  ANY SOURCE IN WHICH THE BACTERIA IS DETECTED THROUGH INITIAL TESTING
 PURSUANT TO THIS SUBDIVISION, AS IT DETERMINES TO BE NECESSARY.
   § 2186-D. BUILDING WATER MANAGEMENT PLANS. 1. NO LATER THAN  ONE  YEAR
 AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION, THE OWNER OR OPERATOR OF A
 BUILDING THAT MEETS THE CRITERIA SET FORTH IN THE  AMERICAN  SOCIETY  OF
 HEATING, REFRIGERATION, AND AIR CONDITIONING ENGINEERS (ASHRAE) STANDARD
 188-2021,  LEGIONELLOSIS:  RISK  MANAGEMENT  FOR BUILDING WATER SYSTEMS,
 SHALL IMPLEMENT A WATER MANAGEMENT PROGRAM TO MINIMIZE  THE  GROWTH  AND
 TRANSMISSION  OF  LEGIONELLA  BACTERIA  IN  THE BUILDING'S WATER SYSTEM,
 CONSISTENT WITH ASHRAE STANDARD 188-2021 AND ASHRAE  GUIDELINE  12-2023,
 MANAGING  THE  RISK  OF  LEGIONELLOSIS  ASSOCIATED  WITH  BUILDING WATER
 SYSTEMS.
   2. THE OWNER OR OPERATOR OF A FACILITY OR BUILDING REQUIRED TO  IMPLE-
 MENT  A WATER MANAGEMENT PROGRAM PURSUANT TO THIS SECTION SHALL MAKE THE
 WATER MANAGEMENT PROGRAM AVAILABLE UPON REQUEST TO AN  EMPLOYEE  OF  THE
 DEPARTMENT,  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION OR ANY OTHER
 DEPARTMENT OR AGENCY WITH LICENSE OR INSPECTION AUTHORITY FOR THE FACIL-
 ITY OR BUILDING.
 S. 8499                             6
 
   3. THE DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR ANY
 OTHER DEPARTMENT OR AGENCY WITH LICENSE OR INSPECTION AUTHORITY FOR  THE
 FACILITY OR BUILDING IS AUTHORIZED TO IMPOSE FINES ON AN OWNER OR OPERA-
 TOR  OF  A  BUILDING THAT MEETS THE CRITERIA IN ASHRAE STANDARD 188-2018
 FOR VIOLATIONS OF THIS SECTION CONSISTENT WITH EXISTING FINE STRUCTURES,
 PROVIDED  THE OWNER OR OPERATOR OF A BUILDING IS PROVIDED WITH DUE PROC-
 ESS AND FAIR HEARING RIGHTS.
   § 2186-E. ANNUAL REPORT. NO LATER THAN ONE YEAR  AFTER  THE  EFFECTIVE
 DATE  OF  THIS ACT AND ANNUALLY THEREAFTER, THE DEPARTMENT, IN CONSULTA-
 TION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE  DIVISION
 OF CONSUMER PROTECTION SHALL SUBMIT A REPORT TO THE GOVERNOR, AND TO THE
 LEGISLATURE, WHICH SHALL INCLUDE:
   1.  THE NUMBER OF CASES OF LEGIONNAIRE'S DISEASE IN THE STATE REPORTED
 IN EACH OF THE PREVIOUS TEN YEARS;
   2. THE NUMBER AND TYPE OF VIOLATIONS FOR WHICH PENALTIES WERE ASSESSED
 UNDER THIS ARTICLE; AND
   3. RECOMMENDATIONS FOR LEGISLATIVE  ACTION  AS  MAY  BE  NECESSARY  TO
 FURTHER  CONTROL  LEGIONELLA  BACTERIA AND OTHER WATERBORNE PATHOGENS IN
 THE PUBLIC WATER SUPPLY AND AFFECTED BUILDINGS.
   § 2186-F. PUBLIC AWARENESS CAMPAIGN. NO  LATER  THAN  EIGHTEEN  MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A
 PUBLIC  AWARENESS  CAMPAIGN  AND  TARGETED CONSUMER EDUCATION PROGRAM TO
 EDUCATE CONSUMERS, ESPECIALLY VULNERABLE,  SUSCEPTIBLE  POPULATIONS,  ON
 THE  ENVIRONMENTAL  SOURCES  OF  LEGIONELLA  BACTERIA,  THE  MOVEMENT OF
 LEGIONELLA BACTERIA THROUGH WATER DISTRIBUTION SYSTEMS, THE NOTIFICATION
 REQUIREMENTS OF THIS ARTICLE AND HOW THE REQUIREMENTS IMPACT  CONSUMERS,
 THE METHODS TO CONTROL LEGIONELLA BACTERIA IN A PERSON'S HOME, THE SIGNS
 AND  SYMPTOMS AND AVAILABLE TREATMENT. THE PUBLIC AWARENESS CAMPAIGN AND
 EDUCATION PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO,  INFORMATION  ON
 THE  RELATIONSHIP  BETWEEN  THE RISKS OF THE PROLIFERATION OF LEGIONELLA
 BACTERIA AND WATER TEMPERATURE  AND  THE  TEMPERATURE  REQUIREMENTS  FOR
 MEDICAL DEVICES, EXPANSION TANKS, HOT TUBS, WHIRLPOOLS, SPAS, POOLS, AIR
 CONDITIONING,  ORNAMENTAL  FOUNTAINS,  OR OTHER EQUIPMENT OR DEVICE THAT
 RELEASES WATER AEROSOLS IN A PERSON'S HOME OR ON THE  PERSON'S  PROPERTY
 AND  THE  RELATED  RISKS ASSOCIATED WITH THE INHALATION OR ASPIRATION OF
 WATER DROPLETS CONTAINING LEGIONELLA BACTERIA.
   § 2186-G. DISPOSITION OF FINES. ALL FINES COLLECTED AS THE  RESULT  OF
 VIOLATIONS  OF  THIS  ARTICLE  SHALL BE DEPOSITED INTO THE LEGIONNAIRES'
 DISEASE PREVENTION FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-NINE-TT
 OF  THE  STATE  FINANCE  LAW  AND  USED  TO SUPPORT THE PUBLIC AWARENESS
 CAMPAIGN DEVELOPED PURSUANT TO SECTION TWENTY-ONE  HUNDRED  EIGHTY-SIX-F
 OF THIS ARTICLE.
   § 3. The state finance law is amended by adding a new section 99-tt to
 read as follows:
   §  99-TT.  LEGIONNAIRES'  DISEASE  PREVENTION FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF
 TAXATION AND FINANCE, AND THE COMMISSIONER OF  HEALTH,  A  FUND,  TO  BE
 KNOWN AS THE "LEGIONNAIRES' DISEASE PREVENTION FUND".
   2.  SUCH FUND SHALL CONSIST OF MONEYS REQUIRED TO BE DEPOSITED THERETO
 PURSUANT TO TITLE NINE OF ARTICLE TWENTY-ONE OF THE  PUBLIC  HEALTH  LAW
 AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
 ANY  OTHER  FUND  OR  SOURCE  PURSUANT TO LAW. NOTHING CONTAINED IN THIS
 SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS
 FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION  AND  DEPOSITING
 THEM INTO THE FUND ACCORDING TO LAW.
 S. 8499                             7
 
   3.  MONEYS  OF  THE  FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
 HEALTH TO SUPPORT THE PUBLIC AWARENESS CAMPAIGN  DEVELOPED  PURSUANT  TO
 SECTION TWENTY-ONE HUNDRED EIGHTY-SIX-F OF THE PUBLIC HEALTH LAW.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8499

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

2025-S8499 (ACTIVE) - Details

2025-S8499 (ACTIVE) - Summary

2025-S8499 (ACTIVE) - Sponsor Memo

2025-S8499 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8499

Share this bill

Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Rules Committee

2025-S8499 (ACTIVE) - Details

2025-S8499 (ACTIVE) - Summary

2025-S8499 (ACTIVE) - Sponsor Memo

2025-S8499 (ACTIVE) - Bill Text download pdf

Comments