PRINTER'S NO. 769
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
571
Session of
2023
INTRODUCED BY AUMENT, FONTANA, HUGHES, BREWSTER, VOGEL, MILLER,
CULVER, COSTA, KANE AND SCHWANK, MAY 17, 2023
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 17, 2023
AN ACT
Amending Titles 27 (Environmental Resources) and 35 (Health and
Safety) of the Pennsylvania Consolidated Statutes, providing
for Legionnaires' disease risk management in public water
systems; establishing the Legionnaires' Disease Drinking
Water Risk Management Restricted Account; providing for
Legionnaires' disease prevention; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 67
LEGIONNAIRES' DISEASE RISK MANAGEMENT
IN PUBLIC WATER SYSTEMS
Sec.
6701. Scope of chapter.
6702. Legislative findings.
6703. Definitions.
6704. Powers and duties.
6705. Legionnaires' Disease Drinking Water Risk Management
Restricted Account.
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6706. Report.
6707. Violations.
§ 6701. Scope of chapter.
This chapter provides for Legionnaires' disease risk
management through the adoption of mandatory water management
plans for minimizing growth and transmission of Legionella
pneumophila in public water systems.
§ 6702. Legislative findings.
The General Assembly finds and declares as follows:
(1) This Commonwealth has more than 8,300 public water
systems that serve drinking water to more than 11.3 million
people, or 89% of this Commonwealth's population.
(2) The Public Water System Supervision Program is a
delegated program from the Environmental Protection Agency.
(3) The Commonwealth currently has primary enforcement
authority for 42 U.S.C. Ch. 6A Subch. XII (relating to safety
of public water systems), the mission of which is public
health protection under 42 U.S.C. § 300g-2 (relating to State
primary enforcement responsibility).
(4) Public water systems and the customers they serve
rely on the Department of Environmental Protection's Bureau
of Safe Drinking Water to ensure that all applicable Federal
and State requirements are met and that the water is safe to
drink and that the air, which contains small water droplets,
is safe to breathe.
(5) Safe drinking water is vital to maintaining healthy
and sustainable communities.
(6) Proactively avoiding incidents such as waterborne
disease outbreaks, including Legionnaires' disease, can
prevent loss of life, reduce the incidents of illness and
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reduce health care costs.
(7) Proper investment in water infrastructure,
operations and water management plans that detect and control
the presence of Legionella pneumophila helps ensure a
continuous supply of safe public drinking water and enable
communities to plan and build future capacity for economic
growth and ensure their long-term sustainability.
(8) Legionella pneumophila can grow and multiply in
public water systems, making its way into buildings and
spreading through small aerosol droplets, which, when
inhaled, can cause Legionnaires' disease or Pontiac Fever.
(9) According to the Centers for Disease Control and
Prevention, the incidence of Legionellosis has increased by
more than 600% since 2000 and is now the most reported cause
of drinking-waterborne disease outbreaks.
(10) The Department of Health reported exceptionally
high Legionellosis case counts in years 2017, 2018 and 2019.
(11) Ensuring safe water quality, including the
detection and mitigation of Legionella pneumophila , is a
shared responsibility between public water systems that are
responsible for delivering water that meets safe drinking
water standards and building owners and operators who are
responsible for maintaining safe water quality through the
proper design, construction, operation and maintenance of
plumbing on the premises.
(12) To safeguard the health and safety of the residents
of this Commonwealth, the General Assembly finds and declares
that addressing the underlying causes of Legionella
pneumophila growth, including, but not limited to, water age
and stagnation, and routine Legionella pneumophila testing
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through a public water system's development and
implementation of a water management plan, is necessary to
mitigate the overall risk of Legionnaires' disease outbreaks.
§ 6703. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Legionnaires' Disease Drinking Water Risk
Management Restricted Account established under section 6705
(relating to Legionnaires' Disease Drinking Water Risk
Management Restricted Account).
"Board." The Environmental Quality Board established under
section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
"Department." The Department of Environmental Protection of
the Commonwealth.
" Legionella culture." The quantification of culturable
Legionella pneumophila bacteria from a water sample.
"Legionnaires' disease." A severe pneumonia caused by the
Legionella pneumophila bacterium.
"Public water system." A system for the provision to the
public of water for human consumption which has at least 15
service connections or regularly serves an average of at least
25 individuals daily at least 60 days out of the year. The term
includes:
(1) The collection, treatment, storage and distribution
facilities under control of the operator of the system and
used in connection with the system.
(2) Collection or pretreatment storage facilities not
under control which are used in connection with the system.
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(3) A system which provides water for bottling or bulk
hauling for human consumption.
§ 6704. Powers and duties.
(a) Temporary regulations.--The board, in consultation with
the department, shall promulgate temporary regulations in
accordance with the act of May 1, 1984 (P.L.206, No.43), known
as the Pennsylvania Safe Drinking Water Act, to prevent and
mitigate Legionella pneumophila in public water systems.
Temporary regulations promulgated under this subsection shall
expire upon the promulgation of final-form regulations or two
years following the effective date of this section, whichever is
earlier.
(b) Requirements.--The board, in consultation with the
department, shall address the following issues in the temporary
and final-form regulations required under this section:
(1) Assessing current testing performed and the risk of
Legionella pneumophila in public water systems that do not
test.
(2) Implementing a Legionella pneumophila water
management plan that includes routine sampling and testing of
public water systems for the presence of Legionella
pneumophila bacteria.
(3) Requiring all sampling and testing to be performed,
including Legionella pneumophila culture analysis, by a
laboratory that is certified by the department's
Environmental Laboratory Accreditation Program.
(4) Mandating the implementation of necessary mitigation
measures, including, but not limited to, the determination of
appropriate water system disinfectant, flushing or other
department requirements.
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(5) Initiating a study of the root causes and historical
prevalence of Legionella pneumophila in public water systems,
which shall be reported to the General Assembly within one
year of the effective date of this section.
(c) Exemptions.--The temporary rules and regulations shall
not be subject to the following:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(d) Applicability.--Rules and regulations promulgated under
this section shall apply to each public water system in this
Commonwealth, except a public water system which:
(1) Consists only of distribution and storage facilities
and which does not have any collection and treatment
facilities.
(2) Obtains all of its water from, but is not owned or
operated by, a public water system to which standards, rules
and regulations apply.
(3) Does not sell water to any person.
(4) Does not provide water for potable purposes to a
carrier which conveys passengers in interstate commerce.
§ 6705. Legionnaires' Disease Drinking Water Risk Management
Restricted Account.
(a) Establishment.--The Legionnaires' Disease Drinking Water
Risk Management Restricted Account is established as a
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restricted account within the General Fund. The money in the
restricted account is appropriated to the department on a
continuing basis for the purposes of this section and 35 Pa.C.S.
Ch. 53A (relating to Legionnaires' disease prevention).
(b) Administration.--The department shall:
(1) Administer the account.
(2) Act as the fiscal agent for the grant program under
subsection (c).
(3) Be responsible for receiving and reviewing all grant
applications.
(4) Award grants.
(c) Grant program.--The department shall establish a grant
program and funding guidelines to assist owners and operators
of:
(1) Public water systems with Legionella pneumophila
water management plans and mitigation efforts required under
this chapter.
(2) Covered buildings, as defined in 35 Pa.C.S. § 53A03
(relating to definitions) to assist owners and operators of
covered buildings with Legionella pneumophila water
management plans that shall include Legionella pneumophila
testing and mitigation efforts to comply with 35 Pa.C.S. Ch.
53A.
(d) Awards.--Grant awards shall be at the discretion of the
department and shall be limited to amounts annually allocated to
the department for the grant program.
(e) Sources of revenue.--
(1) From the amount received by the Commonwealth from
the Federal Government under the American Rescue Plan Act of
2021 (Public Law 117-2, 135 Stat. 4), $20,000,000 shall be
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transferred into the account.
(2) Other Federal appropriations may be deposited into
the account.
(3) The sum of $5,000,000 shall be transferred from the
Clean Water State Revolving Fund into the account.
(4) The sum of $5,000,000 shall be transferred from the
Drinking Water State Revolving Fund into the account.
(5) Other State appropriations may be deposited into the
account.
(6) Fines assessed for violations under this chapter may
be deposited into the account.
(7) Interest earned on money in the account shall be
deposited into the account.
(8) Money in the account shall not lapse or be
transferred to any other account or fund.
§ 6706. Report.
By December 31, 2024, and each year thereafter, the
department shall submit to the chairperson and minority
chairperson of the Appropriations Committee of the Senate, the
chairperson and minority chairperson of the Appropriations
Committee of the House of Representatives, the chairperson and
minority chairperson of the Environmental Resources and Energy
Committee of the Senate and the chairperson and minority
chairperson of the Environmental Resources and Energy Committee
of the House of Representatives a report detailing account
revenues and expenditures in the prior fiscal year and
describing activities, programs and projects undertaken by
public water systems that received grant money from the account
to prevent and mitigate the presence of Legionella pneumophila .
§ 6707. Violations.
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A violation of this chapter shall be deemed a violation of
the act of May 1, 1984 (P.L.206, No.43), known as the
Pennsylvania Safe Drinking Water Act.
Section 2. Title 35 is amended by adding a chapter to read:
CHAPTER 53A
LEGIONNAIRES' DISEASE PREVENTION
Sec.
53A01. Scope of chapter.
53A02. Legislative findings.
53A03. Definitions.
53A04. Water management plan procedures.
53A05. Regulations.
53A06. Owner and operator liability.
53A07. Penalties, prosecutions and fines.
§ 53A01. Scope of chapter.
This chapter provides for Legionnaires' disease prevention
and the adoption of mandatory water management plans for
minimizing growth and transmission of Legionella pneumophila in
covered buildings.
§ 53A02. Legislative findings.
The General Assembly finds and declares as follows:
(1) Legionella was discovered after an outbreak in 1976
among people who went to a Philadelphia convention of the
American Legion and developed an unrecognized respiratory
infection.
(2) Legionnaires' disease is a severe, often lethal,
form of pneumonia that is caused by the bacterium Legionella
pneumophila found in both potable and nonpotable water
systems.
(3) Legionella pneumophila grows and multiplies in
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building water systems and is spread through small aerosol
droplets, which can cause Legionnaires' disease or Pontiac
Fever when inhaled.
(4) While there are more than 60 Legionella species,
Legionella pneumophila is the most virulent strain, causing
most infections.
(5) According to the Centers for Disease Control and
Prevention, the incidence of Legionellosis-caused infection
has increased by more than 600% since 2000, and is now the
most reported cause of drinking-waterborne disease outbreaks.
(6) The Department of Health reported exceptionally high
Legionellosis case counts in years 2017, 2018 and 2019.
(7) There are no vaccines that can prevent Legionnaires'
disease, and the disease is not spread from person to person.
(8) Improper management of covered building water
systems may cause or contribute to the proliferation of
Legionella pneumophila and can result in adverse and long-
lasting health effects and potentially lethal disease in at-
risk populations.
(9) Individuals who have recovered from COVID-19 are at
high risk for contracting Legionnaires' disease, and covered
buildings that have not been properly maintained during the
COVID-19 disaster emergency could further increase the cases
of Legionnaires' disease, which has prompted the Centers for
Disease Control and Prevention, Environmental Health
Services, to issue "Guidance for Reopening Buildings After
Prolonged Shutdown or Reduced Operation."
(10) The Centers for Disease Control and Prevention's
guidance urges building owners and operators to develop a
comprehensive water management plan for their water systems
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and all devices that use water.
(11) The prevention of Legionnaires' disease is
contingent on owners and operators of covered building water
systems' adoption of Legionella pneumophila risk management
programs consistent with the most recent version of ASHRAE-
188.
(12) ASHRAE 188 and ASHRAE Guideline 12:2020 are
voluntary, nationally recognized standards and guidance that
establish minimum Legionellosis risk management requirements
for targeted buildings with complex water systems to
implement effective risk management programs.
(13) Ensuring safe water quality, including the
detection and mitigation of Legionella pneumophila , is a
shared responsibility between public water systems that are
responsible for delivering water that meets safe drinking
water standards and building owners and operators who are
responsible for maintaining safe water quality through the
proper design, construction, operation and maintenance of
plumbing on the premises.
(14) To safeguard the health and safety of the residents
of this Commonwealth, the General Assembly finds and declares
it necessary to provide for Legionella pneumophila risk water
management plans that shall include testing and sampling
requirements for covered buildings with complex water systems
in this Commonwealth.
§ 53A03. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"ASHRAE-188." The American Society of Heating, Refrigerating
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and Air-Conditioning Engineers' industry standard that
establishes minimum risk management requirements for buildings
with complex water systems.
"Covered building." A building or facility that:
(1) meets the criteria described in ASHRAE-188; or
(2) is subject to regulation by the Centers for Medicare
and Medicaid Services.
"COVID-19 disaster emergency." The duration of the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020) and
any renewal of the state of disaster emergency.
"Department." The Department of Health of the Commonwealth.
" Legionella culture." The quantification of culturable
Legionella pneumophila bacteria in a water sample.
"Legionnaires' disease." A severe pneumonia caused by the
Legionella pneumophila bacterium.
"Local board or department of health." The board of health
or the department of public health of a city, borough,
incorporated town or township of the first class, or a county
department of health or joint county department of health.
"Local health officer." The head of a local department of
health.
"Municipality." A city, borough, incorporated town or
township.
§ 53A04. Water management plan procedures.
(a) Plan required.--The department shall require owners and
operators of covered buildings to establish and operate water
management plans by December 30, 2024.
(b) Sampling and validation testing.--
(1) Water management plans shall include Legionella
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pneumophila testing and subsequent validation testing of
water to ensure successful control of the growth and
transmission of Legionella pneumophila in the covered
building's water system consistent with the most recent
version of ASHRAE-188.
(2) In addition to the water sampling and Legionella
pneumophila testing required as part of a water management
plan implemented in accordance with subsection (a), an owner
or operator of a covered building shall conduct Legionella
pneumophila culture sampling and analysis of the covered
building's water system in a time frame to be determined by
the department if:
(i) The department and the Department of Human
Services suspects or concludes that one or more cases of
Legionnaires' disease are, or may be, associated with the
covered building.
(ii) Any other conditions specified in the
regulations promulgated by the department under section
53A05 (relating to regulations).
(3) Nothing in this section shall be construed to
abrogate the requirements issued by the Centers for Medicaid
and Medicare Services or prohibit the owner or operator of a
covered building from performing Legionella species testing
and culture analysis, in addition to testing for Legionella
pneumophila , as a component of the water management plan.
(c) Remediation efforts.--If construction or other work
performed on the covered building's water system is likely to
create or elevate the presence of Legionella pneumophila
bacteria, the department shall require the owner or operator of
the covered building's water system to undertake appropriate
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infection control, prevention and remediation measures to ensure
public safety.
(d) Retention and inspection of water management plans.--
Owners and operators of covered buildings shall:
(1) Retain a copy of the water sampling and management
plan, including all Legionella pneumophilia sampling results
for a minimum period of three years.
(2) Provide the department with a copy of their water
management plan and Legionella pneumophilia sampling results.
(3) Make all water management plans implemented under
subsection (a) available for inspection upon request by any
department or agency with licensing or inspection authority
over the covered building.
(e) Certificate of compliance.--The department shall issue a
certificate of compliance to each owner or operator of a covered
building upon receipt of a water management plan and sampling
results that comply with the provisions of this section and
regulations promulgated under section 53A05 (relating to
regulations).
(f) Laboratory accreditation.--Owners and operators of a
covered building shall ensure that any Legionella pneumophila
culture analysis is performed by a laboratory that is certified
by the Department of Environmental Protection's Environmental
Laboratory Accreditation Program.
§ 53A05. Regulations.
(a) Temporary regulations.--The department shall promulgate
temporary regulations in accordance with the act of April 23,
1956 (1955 P.L.1510, No.500), known as the Disease Prevention
and Control Law of 1955. Temporary regulations promulgated under
this subsection shall expire upon the promulgation of final-form
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regulations or two years following the effective date of this
subsection, whichever is earlier.
(b) Requirements.--The department shall address the
following issues in the temporary and final-form regulations
required under this section:
(1) An assessment of the current and historical risk of
Legionella pneumophila in covered buildings as defined by
ASHRAE-188 that is published on the department's publicly
accessible Internet website.
(2) The required implementation of a Legionella
pneumophila water management plan by covered building owners
and operators that includes routine sampling and testing to
detect the presence of Legionella pneumophila bacteria.
(3) The establishment of time lines for owners and
operators of covered buildings to remediate confirmed
Legionella pneumophila presence.
(4) The creation of a searchable online repository of
certificates granted and persons determined to be in
violation of this chapter.
(5) Descriptions of effective and cost-efficient
mitigation measures that can be implemented to reduce risk of
Legionella pneumophila infection.
(6) Public notification of Legionnaires' disease
diagnosis and outbreaks.
(7) The development of a process to review water
management plans and issue certificates of compliance.
(8) The length of time a certificate of compliance
remains in effect and renewal options.
(c) Exemptions.--The temporary rules and regulations shall
not be subject to the following:
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(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
§ 53A06. Owner and operator liability.
(a) Limited liability.--Notwithstanding any other provision
of law, an owner or operator of a covered building that has
implemented a water management plan in accordance with ASHRAE-
188 and the provisions of this chapter shall not be civilly
liable for damages or personal injury relating to an actual or
alleged exposure to Legionnaires' disease absent a showing, by
clear and convincing evidence, of gross negligence,
recklessness, willful misconduct or intentional infliction of
harm.
(b) Compliance with directives.--An act or omission in
compliance with, or in a good-faith belief that the act or
omission is in compliance with, Legionnaires' public health
directives shall not be considered gross negligence,
recklessness, willful misconduct or intentional infliction of
harm.
§ 53A07. Penalties, prosecutions and fines.
(a) Violations.--An owner or operator of a covered building
who violates any provision of this chapter or a regulation
promulgated under this chapter shall, for each offense, upon
conviction of the offense in a summary proceeding before a
magisterial district judge in the county in which the offense
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was committed, be sentenced to pay a fine of not less than $100
nor more than $1,000, together with costs, and in default of
payment of the fine and costs, to be imprisoned in the county
jail for a period not to exceed 30 days.
(b) Prosecutions.--Prosecutions may be initiated by the
department, a local board or department of health, local health
official, municipality or a person having knowledge of a
violation of any provisions of this chapter or any regulation
promulgated under this chapter.
(c) Imposition of fines.--A fine imposed for a violation
occurring in a municipality which has its own local board or
department of health shall be paid to the municipality. A fine
imposed for a violation occurring in a municipality served by a
county department of health shall be paid to the county in which
the offense was committed. All other fines shall be paid into
the Legionnaires' Disease Drinking Water Risk Management
Restricted Account. Disposition of fines under this section
shall be controlling regardless of the party instituting the
prosecution.
Section 3. This act shall take effect in 90 days.
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