New Jersey Passes Bill to Strengthen Legionnaires’ Disease Prevention

New Jersey has enacted Senate Bill 2188, signed into law on September 12, 2024, to minimize the risk of Legionnaires’ disease through stricter regulation of public water systems and enhanced monitoring and response protocols. The bill requires public water systems to maintain specific disinfectant levels, mandates water management plans for certain high-risk buildings, and establishes new reporting and investigation guidelines.

Key Provisions of Senate Bill 2188

1. Minimum Disinfectant Levels for Public Water Systems

Public community water systems with more than 100 service connections must maintain minimum disinfectant levels to prevent Legionella growth:

• 0.3 mg/L of free chlorine for systems using chlorine.
• 1.0 mg/L of monochloramine for systems using chloramine.

The New Jersey Department of Environmental Protection (DEP) is tasked with creating best practices to maintain these levels and prevent bacterial growth.

2. Maintenance and Monitoring Requirements

Public water systems covered by the law must develop and implement a distribution system maintenance plan based on DEP guidelines. The plan must address all of the following:

• Identification of aging infrastructure – Locate areas of aging pipes, dead ends, and components prone to biofilm accumulation where Legionella could grow.
• Types of disruptions – Define and address possible system disruptions, including source changes and equipment failures.
• Flushing details and schedule – Establish a regular flushing program to prevent water stagnation and bacterial growth.
• Disinfectant residual maintenance – Maintain the required chlorine or chloramine levels consistently throughout the system.
• Storage tank maintenance – Ensure storage tanks are regularly cleaned and maintained to prevent bacterial buildup.
• Identification of areas of low water use, stagnation, or low pressure – Target these areas for increased monitoring and maintenance.
• Monitoring and testing – Conduct regular testing to detect Legionella and other pathogens.
• Water age management – Manage water flow and turnover to minimize the time water sits stagnant in the system.
• Other measures – Implement any additional actions recommended by the DEP to optimize water system performance and minimize pathogen risks.

Systems must certify their compliance annually to the DEP.

3. Mandatory Reporting of Water System Disruptions

Water system operators must notify the DEP of any disruption that could reduce water quality or increase pathogen risk within 72 hours. Examples of disruptions include:

• Changes in water treatment.
• Source changes.
• Equipment failures.

The DEP will establish a public dashboard listing reported disruptions.

4. Investigation of Legionnaires’ Disease Cases

The New Jersey Department of Health (DOH) will investigate all reported cases of Legionnaires’ disease to identify potential sources of exposure. This includes:

• Investigating the patient’s home and other places visited in the 14 days before infection.
• Testing and mitigation of water systems if contamination is found.
• Requiring building owners to notify affected individuals if exposure risks are identified.

5. Water Management Programs for High-Risk Buildings

Certain buildings and facilities must develop and implement a water management program in line with ASHRAE Standard 188-2018 to control Legionella risk. This applies to:

• Hospitals and nursing homes.
• High-rise residential buildings with centralized water heating.
• Correctional facilities.
• Buildings with cooling towers, whirlpool spas, humidifiers, and similar water systems.

The program must include periodic testing for Legionella and corrective action if contamination is detected. Owners must maintain records for five years and display notice of compliance on-site.

6. Public Education and Awareness Campaign

The DOH and DEP will launch a public education campaign to raise awareness about Legionella risks and prevention measures. Information will cover:

• Risks associated with hot water systems.
• Proper maintenance of misters, humidifiers, and similar devices.
• Steps consumers can take to reduce exposure.

7. Penalties for Non-Compliance

Violations of the law can result in:

• Fines up to $2,000 for a first offense.
• Fines up to $5,000 for repeat violations.
• Fines up to $10,000 for violations that result in injury or death.

Next Steps

The DEP and DOH have up to 24 months to develop detailed rules and procedures to implement Senate Bill 2188. Public water systems and building owners should start preparing now to meet these new requirements and avoid penalties.

We can help you with your Legionella risk assessment, Legionella testing, Legionella remediation, and everything else you need to control Legionella. Contact the Legionella experts at info@legionellacontrolsystems.com or 317-836-2314 right now.