A2714

An Act concerning Legionnaires’ disease prevention, amending and supplementing P.L.2024, c.66, and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2024, c.66 (C.58:12A-12.11) is amended to read as follows:

2. a. [Notwithstanding any other provision of law, or rule or regulation adopted pursuant thereto, to the contrary, the owner or operator of a public community water system, which has more than 100 service connections and which is served fully or partially by surface water or groundwater under the influence of surface water or any other public water system as determined by the Department of Environmental Protection for the protection of public health, shall maintain:

(1) for systems utilizing chlorine as a disinfectant, a minimum detectable disinfectant residual of at least 0.3 milligrams per liter of free chlorine in all active parts of the public community water system at all times; and

(2) for systems utilizing chloramine as a disinfectant, a minimum detectable disinfectant residual of at least 1.0 milligrams per liter of monochloramine in all active parts of the public community water system at all times.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

b. The Department of Environmental Protection shall, within 12 months after the effective date of P.L.2024, c.66 (C.58:12A-12.10 et al.), develop and publish on its Internet website best management practices for public community water systems to discourage the growth and potential distribution of pathogens such as Legionella bacteria. The best management practices shall include, but not be limited to, information regarding:

(1) identification of areas of aging infrastructure, dead ends, or components prone to biofilm accumulation;

(2) types of disruptions in the water distribution system;

(3) flushing details and schedule;

(4) disinfectant residual maintenance;

(5) storage tank maintenance;

(6) identification of areas of low water use, stagnation, or low pressure;

(7) monitoring and testing;

(8) water age management; and

(9) other measures the Department of Environmental Protection deems necessary for the optimization of water systems.

c. No later than six months after the promulgation of rules regulations by the Department of Environmental Protection pursuant to section 4 of P.L.2024, c.66 (C.58:12A-12.13), each public community water system [that is subject to the provisions of subsection a. of this section] which has more than 100 service connections and which is served fully or partially by surface water or groundwater under the influence of surface water shall develop and implement a distribution system maintenance plan to comply with the provisions of 1 through 4 of P.L.2024, c.66 (C.58:12A-12.10 through 58:12A-12.13), in accordance with the best management practices developed pursuant to subsection b. of this section and any applicable rules and regulations adopted by the department. The public community water system shall annually submit to the department a statement certifying that the public community water system has developed and implemented a distribution system maintenance plan pursuant to the provisions of this section.

(cf: P.L.2024, c.66, s.2)

2. Section 7 of P.L.2024, c.66 (C.26:1A-141) is amended to read as follows:

7. a. The Department of Environmental Protection, in consultation with the Department of Environmental Protection, shall develop a public awareness campaign and targeted consumer education program to educate consumers, especially vulnerable populations, concerning the environmental sources of Legionella bacteria, the movement of Legionella bacteria through water distribution systems, the notification requirements of P.L.2024, c.66 (C.58:12A-12.10 et al.) and how the requirements impact consumers, and the methods to control Legionella bacteria in a person's home. 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 hot water, the temperature requirements for medical devices, expansion tanks, hot tubs, whirlpools, spas, pools, air conditioning systems, ornamental fountains, or other equipment or devices that release water aerosols in a person's home or on a person's property, and the related risks associated with the inhalation by vulnerable populations of water droplets containing Legionella bacteria.

b. No later than one year after the effective date of P.L.2024, c.66 (C.58:12A-12.10 et al.), and annually thereafter, the Department of Health, in consultation with the Department of Environmental Protection, shall submit a report to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, which shall include:

(1) the number of cases of Legionnaires' disease in the State reported in each of the previous 10 years;

(2) the number of reported water sampling results in public community water systems in the past year received by the Department of Environmental Protection that indicate the presence of Legionella bacteria;

(3) the number and type of violations of the provisions of P.L.2024, c.66 (C.58:12A-12.10 et al.) for which penalties were assessed; and

(4) [recommendations as to whether the minimum detectable disinfectant targets established pursuant to subsection a. of section 2 of P.L.2024, c.66 (C.58:12A-12.11) should be increased in order to minimize the growth and transmission of Legionella bacteria; and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(5) any recommendations for legislative action as may be necessary to further control Legionella bacteria in the public water supply and affected buildings.

(cf: P.L.2024, c.66, s.7)

3. (New section) a. As used in this section:

"Commissioner" means the Commissioner of Environmental Protection.

“Department” means the Department of Environmental Protection.

"Eligible applicant" means the owner of an eligible project submitting an application for grant funds pursuant to this section.

"Eligible project" means a building or public community water system that meets the criteria established pursuant to paragraph (1) of subsection c. of this section.

b. There is established in the Department of Environmental Protection the "Legionnaire’s Disease Prevention Grant Program," to provide grants to eligible applicants to reimburse certain costs associated with the destruction or renovation of eligible projects, to be paid in full by the developer, building owner, or property owner. The amount of the grants to be awarded under this section shall not exceed the lesser of:

(1) 50 percent of the costs associated with the destruction or renovation of eligible projects identified to have compromised or aging water systems; or

(2) $5,000.

c. To receive a grant award, eligible applicants shall:

(1) demonstrate that the building or public community water system:

(a) has a compromised or aging water system; and

(b) is visually identifiable as a civic building, features historically significant design pre-dating 1910, has characteristics of classical State architecture, or is in keeping with federal Executive Order 13967 of 2020; and

(2) submit an application to the Department of Environmental Protection, in accordance with application procedures and requirements prescribed by the Commissioner.

d. The grant application shall include, at a minimum, information related to:

(1) the identity, finances, and operations of the eligible applicant;

(2) plans for and costs of the proposed uses of grant funding, including an identification of the expected costs of renovations or property demolition.

e. (1) The department shall review grant applications and award grants periodically on a rolling basis, based on the availability of funds. To the maximum extent possible, the commissioner shall equitably distribute grant awards to recipients in the northern, central, and southern regions of the State;

(2) The commissioner shall formulate procedures for the review and approval of grants. In reviewing grants, the commissioner shall consider:

(a) the cost to the State of building renovation or destruction;

(b) the proportionate resultant reduction in risk of Legionnaires’ Disease, weighted according to such criteria, including, but not limited to:

(i) precedent and risk of Legionnaire’s Disease in the region;

(ii) the number of compromised pipes, fixtures, or water systems in the building or on the property which could be upgraded or eradicated;

(iii) the number of building occupants;

(iv) the community’s public water supply system provider, and that provider’s compliance with federal and State water supply and water quality rules and regulations;

(v) the building’s presence in an economically disadvantaged community; and

(vi) the health measures of the surrounding community, such as number of immunocompromised individuals;

(d) State environmental justice policies;

(e) the region’s needs in affordable housing under the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et seq.) and P.L.2024, c.2 (C.52:27D-304.1 et al.); and

(f) any other attributes that the department determines to be relevant.

f. The department shall monitor progress on building demolition or renovation projects which are awarded grants, and shall collect receipt and expense documentation to identify and audit project activities.

4. (New section) a. There is established in the Department of Environmental Protection a special, nonlapsing fund to be known as the "Legionnaires’ Disease Prevention Fund." Monies in the fund shall be utilized by the Department of Environmental Protection to provide grants under the "Legionnaire’s Disease Prevention Grant Program," established pursuant section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The fund shall consist of monies appropriated by the Legislature for the purposes of the fund, investment earnings of the fund, and monies received by the department from any other public or private donations.

c. The department shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, on its activities for the preceding calendar year. The report shall set forth a project list and financial statement detailing the awardees and expenses of the grant program during the year, an assessment of the program’s effectiveness in preventing Legionnaires’ Disease, and any recommendations as to how the grant program could be improved.

5. (New section) The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes this act. The Department of Environmental Protection shall not make any distributions from the “Legionnaires’ Disease Prevention Fund” prior to the adoption of the rules and regulations.

6. (New section) There is appropriated $5,000,000 from the General Fund to the "Legionnaires’ Disease Prevention Fund" in the Department of Environmental Protection, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), to implement the provisions of this act.

7. This act shall take effect immediately.

STATEMENT

This bill, the "Legionnaires’ Disease Prevention Act" establishes a "Legionnaires’ Disease Prevention Grant Program" in the Department of Environmental Protection (department) through which the department would reimburse the lessor of 50 percent or $5,000 of the costs of property restoration, in order to remove or renovate buildings or properties with compromised or aging water supply infrastructure, which may be the source of Legionella pneumophila bacteria. Grants would reimburse property owners in covering expenses associated with building demolition or renovation, and would be issued periodically on a rolling basis.

Buildings and properties considered for removal or renovation through the grant program would be required to meet certain criteria, such as having historically significant design pre-dating 1910, characteristics of classical State architecture, or be buildings in keeping with federal Executive Order 13967.

Grants will be considered according to the cost to the State of their renovation or destruction; the proportionate resultant reduction in risk of Legionnaires’ Disease; the regional risk of Legionnaire’s Disease; the number of compromised water systems in the building; the number of building applicants; the safety of the regional public water system provider; the environmental protection measures of the surrounding community; the feasibility of building or property occupancy following reconstruction; State environmental justice considerations; and the region’s needs in affordable housing through the "Fair Housing Act".

In order to provide a source of funding for the grant program, this bill establishes in the department a separate, nonlapsing fund to be known as the "Legionnaires’ Disease Prevention Fund." Upon review of applications and acceptance of certain applicants, the Commissioner of Environmental Protection will award a proportionate grant to each approved applicant.

The department would also be required to prepare and submit an annual report of the grant program identifying the awardees, program effectiveness, and ways in which the program could be improved.

The bill appropriates $5 million from the General Fund to the department to implement the provisions of this bill. The "Legionnaires’ Disease Prevention Fund" will consist of moneys appropriated by the Legislature along with investment earnings of the fund, and monies received by the department from public or private donations.

Finally, the bill amends P.L.2024, c.66 to eliminate minimum requirements of chlorine and chloramine in water supply systems, when used as a disinfectant mechanism.