PRINTER'S NO. 2767
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2145
Session of
2024
INTRODUCED BY SMITH-WADE-EL, KAZEEM, MADDEN, KINSEY, SAMUELSON,
NEILSON, SANCHEZ, HILL-EVANS, CEPEDA-FREYTIZ, D. WILLIAMS,
GREEN, HOHENSTEIN, GIRAL, KENYATTA, ROZZI, KHAN, DELLOSO AND
O'MARA, MARCH 25, 2024
REFERRED TO COMMITTEE ON HEALTH, MARCH 25, 2024
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for Legionnaires' disease
risk management; 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
Sec.
6701. Scope of chapter.
6702. Definitions.
6703. Duties of department.
6704. Duties of suppliers of water.
6705. Public education on Legionella bacteria.
6706. Enforcement orders.
6707. Penalties.
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§ 6701. Scope of chapter.
This chapter relates to the testing for and mitigation of the
Legionella bacteria in public water systems by the Department of
Environmental Protection.
§ 6702. 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:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Drinking water standards." As defined in section 3 of the
act of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania
Safe Drinking Water Act.
"Planned disruption." A known, planned or anticipated
disruption to a public water system. The term includes a
disruption due to any of the following:
(1) Construction activities.
(2) Water and sewer system maintenance.
(3) Source water disturbances or maintenance.
(4) A change to a chemical or disinfectant treatment.
(5) Lead pipe and water infrastructure replacement.
(6) A change to water sourcing, pressure or flow.
"Public water system." As defined in section 3 of the
Pennsylvania Safe Drinking Water Act.
"Supplier of water." As defined in section 3 of the
Pennsylvania Safe Drinking Water Act.
"Unplanned disruption." An unplanned disruption to a public
water system. The term includes a disruption due to any of the
following:
(1) Flooding.
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(2) A water main break.
(3) A system failure and disruption.
(4) An equipment failure.
(5) An interruption to a chemical or disinfectant
treatment.
(6) A severe storm.
(7) An earthquake.
(8) A major fire.
(9) An unplanned change to water sourcing, pressure or
flow.
§ 6703. Duties of department.
No later than 24 months from the effective date of this
section, the department shall promulgate regulations specifying
all of the following:
(1) Disinfectant or sampling requirements for a public
water system to minimize the growth and transmission of
Legionella bacteria .
(2) The monitoring of a public water system during a
planned disruption or unplanned disruption.
§ 6704. Duties of suppliers of water.
(a) Duties.--Notwithstanding the drinking water standards, a
supplier of water shall have the following duties:
(1) Maintain a detectable residual disinfectant level of
at least 0.5 milligrams per liter of chlorine, not to exceed
the maximum residual disinfectant level set by the United
States Environmental Protection Agency, in a public water
system.
(2) At frequent and regular intervals, conduct water
sampling and analysis of residual disinfectant concentrations
to determine the residual disinfectant level of chlorine at
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each point in a public water system.
(b) Mitigation of Legionella bacteria .-- As soon as
practicable, but no later than four hours after a supplier of
water becomes aware of a public water system disruption that may
result in increased levels of Legionella bacteria in the public
water system, a supplier of water shall conduct water sampling
and analysis for all of the following:
(1) Legionella bacteria .
(2) The residual disinfectant level of chlorine.
(c) Notice of planned disruptions.--At least 30 days before
a planned disruption of a public water system, a supplier of
water shall provide notice of the planned disruption to each
residential, commercial or institutional customer and each
resident served by the public water system and located in the
service area.
(d) Notice of unplanned disruptions.--As soon as
practicable, but no later than four hours after the time that a
supplier of water becomes aware of an unplanned disruption that
may result in increased levels of Legionella bacteria in the
public water system, the supplier of water shall provide notice
of the unplanned disruption to each residential, commercial or
institutional customer and each resident served by the public
water system and located in the service area.
(e) Contents of notice.--A supplier of water shall include
all of the following information in the notice required under
subsection (c) or (d):
(1) A specific description of the disruption.
(2) The date, time and location of the disruption.
(3) The identification of each home, neighborhood and
area of the community at an elevated risk due to the
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disruption, including by evaluating water distribution flows
from the point of disruption to alert each customer or
residence likely to be impacted.
(4) A description of each action undertaken by the
supplier of water to correct the effects of the disruption.
(5) The expected time to resolve the initial disruption.
(6) Data on Legionella bacteria risks and other pathogen
risks, including data on risks to individuals who are elderly
or immunocompromised.
(7) The estimated length of time that the level of
Legionella bacteria may remain elevated.
(8) Measures that each customer or resident can take to
reduce or eliminate exposure to Legionella bacteria ,
including all of the following:
(i) Flushing water lines during and after completion
of construction work.
(ii) Removing and cleaning faucet aerator screens
and showerheads.
(iii) Installing a water filter or water treatment
device to remove Legionella bacteria .
(iv) Draining and flushing hot water heaters,
including raising hot water temperature to a minimum of
130 degrees Fahrenheit.
§ 6705. Public education on Legionella bacteria .
(a) Best practices guide.--The department shall develop and
publish a best practices guide for individuals to reduce the
risk of contracting disease caused by Legionella bacteria .
(b) Consultation.--In developing the best practices guide
under subsection (a), the department shall consult with all of
the following:
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(1) The Department of Health.
(2) The Bureau of Consumer Protection in the Office of
Attorney General.
(3) Relevant stakeholders, including health care
professionals, water quality experts and health advocacy
organizations focused on disease caused by Legionella
bacteria.
§ 6706. Enforcement orders.
(a) Issuance.--The department may issue orders necessary to
aid in the enforcement of this chapter. An order may be issued
if the department finds that a supplier of water is in violation
of this chapter or of a regulation issued under this chapter.
The department may, in its order, require compliance with terms
and conditions necessary to effect the purposes of this chapter.
(b) Effective date of order.--An order issued under this
section shall take effect upon notice unless the order specifies
otherwise.
(c) Other remedies preserved.--The authority of the
department to issue an order under this section is in addition
to any penalty which may be imposed or any other action taken
under this chapter.
§ 6707. Penalties.
(a) Civil remedies.-- The department may bring an action in a
court of competent jurisdiction to restrain and abate the
violation of this chapter or a regulation issued under this
chapter.
(b) Civil penalties.--
(1) In addition to a proceeding under any other remedy
available at law or in equity for a violation of a provision
of this chapter, a regulation promulgated under section 6703
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(relating to duties of department) or an order of the
department issued under section 6706 (relating to enforcement
orders), the department may impose a civil penalty upon a
supplier of water that willfully violates or otherwise fails
to comply with a provision of this chapter, a regulation
promulgated under section 6703 or an order of the department
issued under section 6706. The following shall apply to civil
penalties under this subsection:
(i) The amount of the civil penalty shall be as
follows:
(A) For a supplier of water serving a population
of more than 10,000, the department shall impose a
civil penalty of no more than $1,000 per day for each
violation, not to exceed $25,000 total for each
violation.
(B) For a supplier of water serving a population
of 3,301 to 10,000, the department shall impose a
civil penalty of no more than $500 per day for each
violation, not to exceed $12,500 total for each
violation.
(C) For a supplier of water serving a population
of 501 to 3,300, the department shall impose a civil
penalty of no more than $250 per day for each
violation, not to exceed $6,250 total for each
violation.
(D) For a supplier of water serving a population
of 500 or less, the department shall impose a civil
penalty of no more than $100 per day for each
violation, not to exceed $5,000 total for each
violation.
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(ii) Each day a violation occurs is a separate
violation under this subsection.
(iii) A civil penalty imposed under this paragraph
shall be payable to the Commonwealth and collectible in
any manner provided at law for the collection of
penalties.
(2) In determining the amount of a civil penalty imposed
under paragraph (1), the department shall consider all of the
following:
(i) The willfulness of the violation, the extent to
which the existence of the violation was known to but
uncorrected by the supplier of water and the extent to
which the supplier of water exercised reasonable care.
(ii) The actual harm to the environment or human
health or safety, including injury to or impairment of
the use of the waters or natural resources of this
Commonwealth.
(iii) The cost of cleanup and the cost of
restoration of natural resources.
(iv) The nature and degree of injury to or
interference with general welfare, health and property.
(v) The extent to which the location of the
violation, including a location near the waters or
natural resources of this Commonwealth or an area of
human population, creates the potential for harm to the
environment or human health or safety.
(vi) The available technology and economic
reasonableness of controlling, reducing or eliminating
the violation.
(vii) The degree of hazard posed by the particular
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pollutant involved.
(viii) The extent to which the violation is part of
a recurrent pattern of the same or similar type of
violation committed by the supplier of water.
(ix) Whether or not a penalty was assessed or will
be assessed under other provisions of this title.
(c) Notice and appeal of civil penalties.--If the department
proposes to impose a civil penalty under subsection (b)(1), the
department shall inform the supplier of water subject to the
civil penalty of the proposed amount of the civil penalty. The
supplier of water shall have a 30-day period to pay the proposed
civil penalty in full or, if the supplier of water wishes to
contest either the amount of the civil penalty or the fact of
the violation, the supplier of water shall, within the 30-day
period, file an appeal of the action with the Environmental
Hearing Board. Failure of the supplier of water to appeal within
the 30-day period shall result in a waiver of all legal rights
to contest the violation and the amount of the civil penalty.
(d) Payment of civil penalties. --The State Treasurer shall
deposit money collected from the civil penalties imposed under
subsection (b)(1) into the Safe Drinking Water Account.
Notwithstanding any provision of the act of May 1, 1984
(P.L.206, No.43), known as the Pennsylvania Safe Drinking Water
Act, the department shall use the money deposited into the Safe
Drinking Water Account under this subsection only for the
following purposes:
(1) Education on minimizing Legionella bacteria and
related diseases for the general public, suppliers of water,
public water system building and facility owners and health
care professionals.
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(2) Ongoing Statewide research relating to Legionella
bacteria.
(3) Enforcement of the provisions of section 6704
(relating to duties of suppliers of water).
Section 2. This act shall take effect July 1, 2024, or
immediately, whichever is later.
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