Drinking Water - Regulation - Control and Prevention of Waterborne Disease

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0264*

SENATE BILL 264
M3, J1 6lr1724
CF HB 204
By: Senator Brooks
Introduced and read first time: January 19, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Drinking Water – Regulation – Control and Prevention of Waterborne Disease 2

FOR the purpose of establishing minimum detectable disinfectant residual level 3
requirements, disinfectant residual testing requirements, and related requirements 4
for the control of Legionella bacteria and other pathogens in the public water supply; 5
requiring suppliers of water to provide certain notices and records regarding 6
disruptions in the water distribution system; establ ishing requirements for the 7
investigation of reported cases of Legionnaires’ disease; requiring the owner or 8
operators of certain buildings to implement certain water management programs on 9
or before a certain date; requiring the Department of the Environm ent and the 10
Maryland Department of Health to make certain information required under this 11
Act available on their websites; requiring the Maryland Department of Health to 12
develop a public awareness campaign and targeted consumer education program 13
related to the prevention of Legionnaires’ disease; requiring any penalties collected 14
for a violation of this Act to be distributed to a special fund in the Maryland 15
Department of Health to be used for certain purposes; and generally relating to the 16
control and prevention of waterborne diseases including Legionnaires’ disease. 17

BY repealing and reenacting, without amendments, 18
Article – Environment 19
Section 9–401(a), (l), and (m) 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2025 Supplement) 22

BY repealing and reenacting, with amendments, 23
Article – Environment 24
Section 9–412 and 9–413 25
Annotated Code of Maryland 26
(2014 Replacement Volume and 2025 Supplement) 27

BY adding to 28
2 SENATE BILL 264

Article – Environment 1
Section 9 –429 through 9 –436 to be under the new part “ Part III. Control and 2
Prevention of Waterborne Disease” 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2025 Supplement) 5

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7

Article – Environment 8

9–401. 9

(a) In this subtitle the following words have the meanings indicated. 10

(l) (1) “Public water system” means a system that: 11

(i) Provides to the public water for human consumption through 12
pipes or other constructed conveyances; and 13

(ii) 1. Has at least 15 service connections; or 14

2. Regularly serves at least 25 individuals. 15

(2) “Public water system” includes: 16

(i) Any collection, treatment, storage, or distribution facility that is 17
under the control of the operator of the system and is used primarily in connection with the 18
system; and 19

(ii) Any collection or pretreatment storage facility that is not under 20
the control of the operator of the system and is used primarily in connection with the 21
system. 22

(m) “Supplier of wate r” means any person who owns or operates a public water 23
system. 24

9–412. 25

(a) A supplier of water may not: 26

(1) Fail to comply with § 9–410 of this subtitle; 27

(2) Disseminate any false or misleading information in or about any notice 28
required under § 9 –410 of this subtitle or about any remedial action being undertaken to 29
achieve compliance with State primary drinking water regulations; 30

SENATE BILL 264 3

(3) Knowingly make any false statement, representation, or certification in 1
any application, record, report, plan, o r other document filed or permit adopted or issued 2
under this subtitle; 3

(4) Fail to comply with the rules and regulations adopted under § 9–407 of 4
this subtitle; [or] 5

(5) Fail to comply with any conditions for variances or exemptions 6
authorized under § 9–409 of this subtitle; OR 7

(6) FAIL TO COMPLY WITH THE REQUIREMENTS OF PART III OF THIS 8
SUBTITLE. 9

(b) A person may not: 10

(1) Fail to comply with any order issued by the Secretary under this 11
subtitle; or 12

(2) Falsify or knowingly render inaccura te any monitoring device or 13
method required to be maintained under this subtitle or any rule, regulation, order, or 14
permit adopted or issued under this subtitle. 15

9–413. 16

(a) A person who willfully violates § 9 –412(a)(4) [or], (5), OR (6) of this subtitle 17
is subject to a civil penalty of up to $5,000 for each day on which the violation exists. 18

(b) A person who violates § 9 –412(a)(1), (2), or (3) of this subtitle is guilty of a 19
misdemeanor and on conviction is subject to a fine not exceeding $5,000 for ea ch day on 20
which the violation occurs or failure to comply continues. 21

(c) In an action brought in the appropriate court to enforce the order, a person 22
who willfully violates or fails or refuses to comply with any order issued by the Secretary 23
under this subtitle may be fined not more than $5,000 for each day on which the violation 24
occurs or failure to comply continues. 25

(d) (1) In addition to any other remedies available at law and after an 26
opportunity for a hearing, which may be waived in writing by the person accused of a 27
violation, the Department may impose a penalty for violation of any provision of this 28
subtitle or any order, regulation, or plan adopted or issued under this subtitle. 29

(2) The penalty imposed on a supplier of water serving a population of more 30
than 10,000 under this subsection shall be: 31

(i) Up to $1,000 per day for each violation, but not exceeding 32
$25,000 total for each violation; and 33
4 SENATE BILL 264

(ii) Assessed with consideration given to: 1

1. The willfulness of the violation, the extent to which the 2
existence of the violation was known to but uncorrected by the violator, and the extent to 3
which the violator exercised reasonable care; 4

2. Any actual harm to the environment or to human health, 5
including injury to or impairment of the use of the waters of this State or the natural 6
resources of the State; 7

3. The cost of cleanup and the cost of restoration of natural 8
resources; 9

4. The nature and degree of injury to or interference with 10
general welfare, health, and property; 11

5. The extent to which the location of the violation, including 12
location near waters of this State or areas of human population, creates the potential for 13
harm to the environment or to human health or safety; 14

6. The available technology and econ omic reasonableness of 15
controlling, reducing, or eliminating the violation; 16

7. The degree of hazard posed by the particular pollutant or 17
pollutants involved; 18

8. The extent to which the current violation is part of a 19
recurrent pattern of the same or similar type of violation committed by the violator; and 20

9. Whether or not penalties were assessed or will be assessed 21
under other provisions of this subtitle. 22

(3) The penalty imposed on a supplier of water serving a population of 23
3,301 to 10,000 under this subsection shall be: 24

(i) Up to $500 per day for each violation, but not exceeding $12,500 25
total for each violation; and 26

(ii) Assessed with consideration given to the factors set forth in 27
paragraph (2)(ii) of this subsection. 28

(4) The penalty imposed on a supplier of water serving a population of 501 29
to 3,300 under this subsection shall be: 30

(i) Up to $250 per day for each violation, but not exceeding $6,250 31
total for each violation; and 32
SENATE BILL 264 5

(ii) Assessed with consideration given to the factors set forth in 1
paragraph (2)(ii) of this subsection. 2

(5) The penalty imposed on a supplier of water serving a population of 500 3
or less under this subsection shall be: 4

(i) Up to $100 per day for each violation, but not exceeding $5,000 5
total for each violation; and 6

(ii) Assessed with consideration given to the factors set forth in 7
paragraph (2)(ii) of this subsection. 8

(6) Each day a violation occurs is a separate violation under this 9
subsection. 10

(7) Any penalty imposed under this subsection is payable to the State and 11
collectible in any manner provided at law for the collection of penalties. 12

(8) (I) [All] EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II) OF 13
THIS PARAGRAPH , ALL penalties collected under this subtitle shall be paid into the 14
Maryland Clean Water Fund created under § 9–320 of this title. 15

(II) ANY PENALTIES COLLECT ED FOR A VIOLATION O F § 16
9–412(A)(6) OF THIS SUBTITLE SHALL BE DISTRIBUTED TO A SPECIAL FUND IN THE 17
MARYLAND DEPARTMENT OF HEALTH, TO BE USED ONLY FOR THE PURPOSES 18
SPECIFIED IN § 9–435 OF THIS SUBTITLE. 19

9–427. RESERVED. 20

9–428. RESERVED. 21

PART III. CONTROL AND PREVENTION OF WATERBORNE DISEASE. 22

9–429. 23

(A) IN THIS PART III OF THIS SUBTITLE , “DISRUPTION IN THE WA TER 24
DISTRIBUTION SYSTEM ” MEANS ANY DISRUPTION TO NORMAL WATER 25
TRANSMISSION WITHIN A PUBLIC WATER SYSTEM. 26

(B) “DISRUPTION IN THE WATER DISTRIBUTION SYSTEM” INCLUDES: 27

(1) A CHANGE IN THE WATER TREATMENT PROCESS , INCLUDING 28
TEMPORARY CHANGES FROM THE USE OF CHLORINE TO THE U SE OF CHLORAMINE 29
OR VICE VERSA; 30
6 SENATE BILL 264

(2) ANY PLANNED OR UNPLAN NED EVENT THAT REDUC ES WATER 1
DELIVERY PRESSURE BELOW 20 POUNDS PER SQUARE INCH; 2

(3) A LEAD SERVICE LINE REPLACEMENT; 3

(4) A NEW CONSTRUCTION TIE–IN; 4

(5) A SOURCE WATER CHANGE; 5

(6) WATER TREATMENT PLANT MAINTENANCE OR CHANGES; 6

(7) CHANGES IN DIRECTIONAL WATER FLOW; 7

(8) FLOODING; 8

(9) THE REPLACEMENT OF VALVES, HYDRANTS, OR METERS; 9

(10) PUMPING FAILURES; 10

(11) PIPELINE OR WATER MAIN BREAKS; 11

(12) SYSTEM REPAIRS; OR 12

(13) EMERGENCY CONDITIONS. 13

9–430. 14

(A) NOTWITHSTANDING § 9–407(B) OF THIS SUBTITLE , ON OR BEFORE 15
JANUARY 1, 2026, EACH SUPPLIER OF WATER SHALL: 16

(1) MAINTAIN IN ALL ACTIVE PARTS OF THE PUBLI C WATER SYSTEM 17
A DETECTABLE DISINFECTANT RESIDUAL LEVEL OF AT LEAST: 18

(I) 0.5 MILLIGRAMS OF FREE CHLORINE PER LITER; OR 19

(II) 1.0 MILLIGRAMS OF MONOCHLORAMINE PER LITER; AND 20

(2) CONDUCT DISINFECTANT RESIDUAL TESTING AT FREQUENT AND 21
REGULAR INTERVALS TO DETERMINE T HE AMOUNT AND TYPE O F DETECTABLE 22
DISINFECTANT RESIDUAL EXISTING AT DIFFER ENT POINTS IN THE PU BLIC WATER 23
SYSTEM. 24

SENATE BILL 264 7

(B) (1) ON OR BEFORE OCTOBER 1, 2027, THE DEPARTMENT, IN 1
CONSULTATION WITH TH E MARYLAND DEPARTMENT OF HEALTH, SHALL ADOPT 2
REGULATIONS TO: 3

(I) REQUIRE NITRIFICATION PLANS FOR PUBLIC WAT ER 4
SYSTEMS THAT UTILIZE MONOCHLORAMINE; AND 5

(II) ESTABLISH REQUIREMENT S FOR THE MONITORING OF A 6
PUBLIC WATER SYSTEM DURING CONSTRUCTION ACTIVITIES THAT MAY IMPACT THE 7
PUBLIC WATER SYSTEM. 8

(2) IN ADDITION TO THE MEASURES D ESCRIBED IN PARAGRAP H (1) 9
OF THIS SUBSECTION, THE DEPARTMENT, IN CONSULTATION WITH THE MARYLAND 10
DEPARTMENT OF HEALTH, MAY ADOPT REGULATIONS TO: 11

(I) INCREASE MINIMUM DETE CTABLE DISINFECTANT 12
RESIDUAL LEVEL REQUIREMENTS FOR PUBLIC WATER SYSTEMS; OR 13

(II) ESTABLISH ADDITIONAL DISINFECTANT OR TEST ING 14
REQUIREMENTS FOR PUB LIC WATER SYSTEMS TO MINIMIZE THE GROWTH AND 15
TRANSMISSION OF LEGIONELLA BACTERIA. 16

(3) THE DEPARTMENT MAY NOT REDUCE THE MINIMUM DETECTABLE 17
DISINFECTANT RESIDUA L LEVEL REQUIREMENTS ESTABLISHED UNDER 18
SUBSECTION (A) OF THIS SECTION. 19

(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF A SUPPLIER 20
OF WATER FAILS TO ME ET THE MINIMUM DETEC TABLE DISINFECTANT RES IDUAL 21
REQUIREMENTS ESTABLI SHED UNDER THIS SECT ION, THE DEPARTMENT SHALL 22
CONDUCT AN INVESTIGATION OF THE VIOLATION. 23

(2) THE DEPARTMENT MAY AUTHOR IZE A THIRD –PARTY ENTITY TO 24
CONDUCT AN INVESTIGATION REQUIRED UNDER THIS SUBSECTION. 25

(3) THE DEPARTMENT SHALL DEVE LOP PROCEDURES AND 26
GUIDELINES REGARDING THE INVESTIGATION OF SUPPLIERS OF WATER U NDER 27
THIS SUBSECTION, WHICH SHALL INCLUDE: 28

(I) A DEFINITION OF WHAT C ONSTITUTES A REPEATE D 29
FAILURE TO MEET MINI MUM DETECTABLE DISIN FECTANT RES IDUAL 30
REQUIREMENTS; 31

8 SENATE BILL 264

(II) REQUIREMENTS FOR REPORTING VIOLATIONS OF MINIMUM 1
DETECTABLE DISINFECTANT RESIDUAL REQUIREMENTS; 2

(III) GUIDANCE ON WHEN TO I NITIATE INITIAL AND 3
SUBSEQUENT INVESTIGA TIONS OF VIOLATIONS OF MINIMUM DETECTABL E 4
DISINFECTANT RESIDUAL REQUIREMENTS; 5

(IV) THE DEVELOPMENT OF A NOTICE TO INFORM THE PERSONS 6
SERVED BY A SUPPLIER OF WATER IF THE SUPPLIER OF WATER FAILS TO MAINTAIN 7
THE MINIMUM DETECTAB LE DISINFECTANT RESI DUAL LEVELS REQUIRED UNDER 8
THIS SECTION; AND 9

(V) IF APPLICABLE, THE CRITERIA USED BY THE DEPARTMENT 10
TO SELECT THIRD –PARTY ENTITIES TO CO NDUCT INVESTIGATIONS UNDER THIS 11
SUBSECTION. 12

9–431. 13

(A) (1) A SUPPLIER OF WATER SHALL PROVIDE TIMELY WRITTEN NOTICE 14
OF ANY DISRUPTION IN THE WATER DISTRIBUTION SYSTEM THAT COULD RESULT IN 15
INCREASED LEVELS OF LEGIONELLA BACTERIA T O ALL RESIDENTIAL , 16
COMMERCIAL, AND INSTITUTIONAL CU STOMERS SERVED BY TH E PUBLIC WATER 17
SYSTEM AND LOCATED IN THE AREA AFFECTED BY THE DISRUPTION. 18

(2) THE NOTICE SHALL BE I N THE FORM AND MANNE R PRESCRIBED 19
BY REGULATIONS ADOPTED UNDER SUBSECTION (C) OF THIS SECTION. 20

(3) THE NOTICE SHALL, AT A MINIMUM, INCLUDE: 21

(I) NOTIFICATION THAT PLA NNED CONSTRUCTION , 22
MAINTENANCE, REPAIR, OR REPLACEMENT OF A PART OF THE WATER DISTRIBUTION 23
SYSTEM MAY AFFECT AN D TEMPORARILY INCREASE THE LEVELS OF LEGIONELLA 24
BACTERIA IN THE PUBLIC WATER SYSTEM; 25

(II) THE ESTIMATED LENGTH OF TIME THAT THE LEV EL OF 26
LEGIONELLA BACTERIA M AY REMAIN ELEVATED , AS DETERMINED BY THE 27
DEPARTMENT; 28

(III) GENERAL INFORMATION O N THE POSSIB LE SOURCES OF 29
LEGIONELLA BACTERIA IN THE PUBLIC WATER SYSTEM AND THE HEALTH EFFECTS 30
OF LEGIONNAIRES’ DISEASE AND RELATED ILLNESSES ON AT–RISK POPULATIONS; 31
AND 32

SENATE BILL 264 9

(IV) INFORMATION ON MEASUR ES CONSUMERS CAN TAK E TO 1
REDUCE OR ELIMINATE EXPOSURE TO LEGIONELLA BACTERIA, INCLUDING: 2

1. ENSURING HOT WATER HE ATERS ARE WORKING 3
PROPERLY AND MAINTAI NING A TEMPERATURE O F AT LEAST 130 DEGREES 4
FAHRENHEIT AT THE WATER HEATER OUTLET; 5

2. FLUSHING WATER LINES , INCLUDING THE HOT 6
WATER HEATER DRAIN A ND EXTERNAL HOSE CONNECTIONS, DURING AND AFTER 7
COMPLETION OF CONSTRUCTION WORK; 8

3. REMOVING AND CLEANING FAUCET AERATOR 9
SCREENS AND SHOWERHEADS; AND 10

4. INSTALLING A WATER FILTRATION SYSTEM OR WATER 11
TREATMENT DEVICE CERTIFIED TO REMOVE LEGIONELLA BACTERIA. 12

(B) (1) AS SOON AS POSSIBLE , AND NOT LATER THAN 24 HOURS AFTER 13
THE OCCURRENCE OF A DISRUPTION IN THE WA TER DISTRIBUTION SYS TEM, A 14
SUPPLIER OF WATER SHALL PROVIDE A WRITTEN RECORD OF THE DISR UPTION TO 15
THE DEPARTMENT. 16

(2) THE DEPARTMENT SHALL ESTA BLISH ON ITS WEBSITE A 17
PUBLICLY ACCESSIBLE DATABASE OF THE RECORDS OF DISRUPTIONS IN THE WATER 18
DISTRIBUTION SYSTEM RECEIVED BY THE DEPARTMENT UNDER THIS SUBSECTION. 19

(C) (1) ON OR BEFORE JANUARY 1, 2027, THE DEPARTMENT, IN 20
CONSULTATION WITH TH E MARYLAND DEPARTMENT OF HEALTH, SHALL ADOPT 21
REGULATIONS SPECIFYING THE FORM AND MANNER OF NOTICES REQUIRED UNDER 22
SUBSECTION (A) OF THIS SECTION. 23

(2) THE REGULATIONS SHALL INCLUDE THE SPECIFIC INFORMATION 24
TO BE INCLUDED IN NOTICES REQUIRED UNDER SUBSECTION (A) OF THIS SECTION. 25

(3) THE DEPARTMENT SHALL PUBL ISH REGULATIONS ADOP TED 26
UNDER THIS SUBSECTION ON THE DEPARTMENT’S WEBSITE. 27

9–432. 28

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
INDICATED. 30

(2) “DE–IDENTIFIED DATA” MEANS INFORMATION: 31
10 SENATE BILL 264

(I) THAT DOES NOT IDENTIFY ANY INDIVIDUAL; 1

(II) FOR WHICH THERE IS NO REASONABLE BASIS TO BELIEVE 2
THAT THE INFORMATION CAN BE USED TO IDENTIFY ANY INDIVIDUAL; AND 3

(III) THAT MEETS THE REQUIREMENTS FOR DE–IDENTIFICATION 4
OF PROTECTED HEALTH INFORMATION UNDER THE FEDERAL HEALTH INSURANCE 5
PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND IMPLEMENTING 6
REGULATIONS ADOPTED BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN 7
SERVICES. 8

(3) “WATER EXPOSURE POINT ” MEANS A LOCATION WHE RE AN 9
INDIVIDUAL DIAGNOSED WITH LEGIONNAIRES’ DISEASE RESIDED, WAS EMPLOYED, 10
OR FREQUENTLY VISITE D WITHIN THE 14 DAYS IMMEDIATELY PRE CEDING THE 11
INDIVIDUAL’S DIAGNOSIS. 12

(B) FOR EACH REPORTED DIA GNOSIS OF LEGIONNAIRES’ DISEASE, THE 13
MARYLAND DEPARTMENT OF HEALTH SHALL: 14

(1) CONDUCT A COMPREH ENSIVE INVESTIGATION INTO THE 15
REPORTED CASE; AND 16

(2) ADVISE THE INDIVIDUAL DIAGNOSED WITH LEGIONNAIRES’ 17
DISEASE ABOUT THE AV AILABILITY OF TESTING BY THE MARYLAND DEPARTMENT 18
OF HEALTH OF THE FIXTURES AND WATER–USING EQUIPMENT AT WATER EXPOSURE 19
POINTS IDENTIFIED BY THE INDIVIDUAL. 20

(C) (1) IN A MANNER CONSISTENT WITH THE CONSENT PROVIDED BY THE 21
INDIVIDUAL DIAGNOSED WITH LEGIONNAIRES’ DISEASE OR THE OWNER OF THE 22
PROPERTY, THE MARYLAND DEPARTMENT OF HEALTH SHALL SAMPLE A ND TEST 23
FIXTURES AND WATER –USING EQUI PMENT AT THE WATER E XPOSURE POINTS 24
IDENTIFIED UNDER SUB SECTION (B) OF THIS SECTION FOR THE PRESENCE OF 25
LEGIONELLA BACTERIA. 26

(2) EACH TEST SHALL BE CONDUCTED BY A LABORATORY CERTIFIED 27
FOR THIS PURPOSE BY THE DEPARTMENT. 28

(D) (1) THE MARYLAND DEPARTMENT OF HEALTH SHALL DEVELOP 29
PROCEDURES AND GUIDE LINES REGARDING THE INVESTIGATION OF EAC H 30
REPORTED DIAGNOSIS O F LEGIONNAIRES’ DISEASE IN ACCORDANC E WITH 31
SUBSECTION (B) OF THIS SECTION. 32

SENATE BILL 264 11

(2) THE PROCEDURES AND GU IDELINES SHALL , AT A MINIMUM , 1
INCLUDE REQUIREMENTS REGARDING: 2

(I) THE DOCUMENTATION OF ANY DISRUPTION IN TH E WATER 3
DISTRIBUTION SYSTEM SERVING WATER EXPOSU RE POINTS IDENTIFIED UNDER 4
SUBSECTION (B) OF THIS SECTION THAT MAY HAVE CAUSED THE RELEASE 5
OF LEGIONELLA BACTERIA INTO THE WATER EXPOSURE POINTS; 6

(II) THE INVESTIGATION OF POTENTIAL SOURCES OF 7
EXPOSURE TO LEGIONELLA BACTERIA FROM FIXTURES, WATER–USING EQUIPMENT, 8
OR FEATURES AT THE I NDIVIDUAL’S RESIDENCE , INCLUDING WATER EXPO SURES 9
EXTERNAL TO THE RESI DENCE SUCH AS IRRIGA TION, HOSES, OR WA TER–BASED 10
EQUIPMENT AND DEVICES; AND 11

(III) THE INVESTIGATION OF POTENTIAL SOURCES OF 12
EXPOSURE TO LEGIONELLA BACTERIA FROM OTHER IDENTIFIED WATER EXPOSURE 13
POINTS, SUCH AS: 14

1. VISITS TO BUILDINGS , WATER FEATURES , OR CAR 15
WASHES; AND 16

2. EXPOSURE TO IRRIGATION SYSTEM S, PRESSURE 17
WASHING, CAR WINDSHIELD FLUID S, PUBLIC FOUNTAINS OR TOILETS, OR OTHER 18
ASPECTS OF DAILY TRAVEL AND ACTIVITIES. 19

(E) AS THE MARYLAND DEPARTMENT OF HEALTH DEEMS APPROPRI ATE, 20
THE MARYLAND DEPARTMENT OF HEALTH MAY DELEGATE ITS RESPONSIBILITIES 21
REGARDING TESTING AN D INVESTIGATIONS UND ER THIS SECTION TO T HE LOCAL 22
HEALTH DEPARTMENT FOR THE JURISDICTION WHERE A PATIENT DIAGNOSED WITH 23
LEGIONNAIRES’ DISEASE LIVES, FREQUENTLY VISITS, OR IS EMPLOYED. 24

(F) (1) THE MARYLAND DEPARTMENT OF HEALTH SHALL ESTABLISH ON 25
ITS WEBSITE A PUBLICLY ACCESSIBLE REGISTRY OF DE–IDENTIFIED DATA RELATED 26
TO EACH CASE OF LEGIONNAIRES’ DISEASE REPORTED TO THE DEPARTMENT. 27

(2) THE MARYLAND DEPARTMENT OF HEALTH SHALL MAKE EVE RY 28
EFFORT TO PROVIDE IN FORMATION T HROUGH THE REGISTRY ON THE 29
APPROXIMATE LOCATION OF EACH CASE OF LEGIONNAIRES’ DISEASE TO THE 30
NEAREST CITY BLOCK OR GENERAL NEIGHBORHOOD DESCRIPTION. 31

9–433. 32

12 SENATE BILL 264

(A) (1) THE MARYLAND DEPARTMENT OF HEALTH SHALL IMMEDIATELY 1
NOTIFY THE DEPARTMENT OF ANY REP ORTED DIAGNOSIS OF LEGIONNAIRES’ 2
DISEASE. 3

(2) A NOTICE PROVIDED UNDE R THIS SUBSECTION SH ALL INCLUDE 4
ADDRESSES WHERE THE INDIVIDUAL DIAGNOSED WITH LEGIONNAIRES’ DISEASE 5
RESIDED, FREQUENTLY VISITED, OR WAS EMPLOYED IN THE MONTH IMMEDIATELY 6
PRECEDING THE INDIVIDUAL’S DIAGNOSIS. 7

(B) (1) UPON RECEIPT OF A NOT ICE UNDER SUBSECTION (A) OF THIS 8
SECTION, THE DEPARTMENT SHALL SAMPLE AND TEST THE PUBLIC WATER SYSTEM 9
FOR THE PRESENCE OF LEGIONELLA BACTERIA AT ALL LOCATIONS IDENTIFIED IN 10
THE NOTICE. 11

(2) ALL TESTING R EQUIRED UNDER THIS S UBSECTION SHALL BE 12
CONDUCTED: 13

(I) BY A LABORATORY CERTI FIED FOR THIS PURPOS E BY THE 14
DEPARTMENT; AND 15

(II) IN ACCORDANCE WITH TH E SAMPLING AND TESTI NG 16
METHODS ESTABLISHED BY THE DEPARTMENT. 17

(C) IF THE PRESENCE OF LEGIONELLA BACTERIA IS DETECTED THROUGH 18
INITIAL TESTING COND UCTED UNDER SUBSECTI ON (B) OF THIS SECTION , THE 19
DEPARTMENT SHALL COND UCT, OR REQUIRE THE SUPPL IER OF WATER FOR THE 20
APPLICABLE PUBLIC WATER SYSTEM TO CONDUCT, FURTHER TESTING TO CONFIRM 21
THE PRESENCE OF LEGIONELLA BACTERIA IN ANY SOUR CE AS DETERMINED 22
NECESSARY BY THE DEPARTMENT. 23

9–434. 24

(A) IN THIS SECTION , “COVERED BUILDING ” MEANS A BUILDING THA T 25
MEETS THE CRITERIA S ET FORTH IN THE AMERICAN SOCIETY OF HEATING, 26
REFRIGERATION, AND AIR CONDITIONING ENGINEERS (ASHRAE) STANDARD 27
188–2018. 28

(B) ON OR BEFORE OCTOBER 1, 2027, THE OWNER OR OPERATO R OF A 29
COVERED BUILDING SHA LL IMPLEMENT A WATER MANAGEMENT PROGRAM T O 30
MINIMIZE THE GROWTH AND TRANSMISSION OF LEGIONELLA BACTERIA IN THE 31
BUILDING’S WATER SYSTEM, CONSISTENT WITH ASHRAE STANDARD 188–2018. 32

SENATE BILL 264 13

(C) THE OWNER OR OPERATOR OF A COVERED BUILDING SHALL MAKE THE 1
WATER MANAGEMENT PROGRAM AVAILABLE UPON REQUEST TO AN EMPLOY EE OF 2
THE DEPARTMENT, THE MARYLAND DEPARTMENT OF HEALTH, OR ANY OTHER 3
STATE OR LOCAL DEPARTMENT WITH LICENSE OR INSPECTION AUTHORITY FOR THE 4
COVERED BUILDING. 5

(D) THE DEPARTMENT, THE MARYLAND DEPARTMENT OF HEALTH, OR ANY 6
OTHER STATE OR LOCAL DEPARTMENT WITH LICENSE OR INSPECTION AUTHORITY 7
MAY ENFORCE THIS SECTION CONSISTENT WITH ITS EXISTING AUTHORITY. 8

9–435. 9

(A) ON OR BEFORE JANUARY 1, 2027, THE MARYLAND DEPARTMENT OF 10
HEALTH SHALL DEVELOP A PUBLIC AWARENESS C AMPAIGN AND TARGETED 11
CONSUMER EDUCATION P ROGRAM TO EDUCATE CO NSUMERS, ESPECIALLY 12
VULNERABLE POPULATIONS, ON: 13

(1) THE ENVIRONMENTAL SOURCES OF LEGIONELLA BACTERIA; 14

(2) THE MOVEMENT OF LEGIONELLA BACTERIA T HROUGH WATER 15
DISTRIBUTION SYSTEMS; 16

(3) THE NOTIFICATION REQU IREMENTS OF THIS PART III OF THIS 17
SUBTITLE AND HOW THE REQUIREMENTS IMPACT CONSUMERS; AND 18

(4) THE METHODS TO CONTRO L LEGIONELLA BACTERIA IN A 19
PERSON’S HOME. 20

(B) THE PUBLIC AWARENESS CAMPAIGN AND EDUCATION PROGRAM SHALL, 21
AT A MINIMUM, INCLUDE: 22

(1) INFORMATION ON THE RE LATIONSHIP BETWEEN T HE RISKS OF 23
THE PROLIFERATION OF LEGIONELLA BACTERIA AND WATER TEMPERATURE; 24

(2) THE TEMPERATURE REQUI REMENTS FOR MEDICAL DEVICES, 25
EXPANSION TANKS , HOT TUBS , WHIRLPOOLS, SPAS, POOLS, AIR–CONDITIONING 26
EQUIPMENT, ORNAMENTAL FOUNTAINS, AND OTHER EQUIPMENT OR DEVICES THAT 27
RELEASE WATER AEROSO LS IN A PERSON ’S HOME OR ON A PERSO N’S PROPERTY; 28
AND 29

(3) THE RELATED RISKS ASS OCIATED WITH THE INH ALATION BY 30
VULNERABLE POPULATIO NS OF WATER DROPLETS CONTAINING LEGIONELLA 31
BACTERIA. 32
14 SENATE BILL 264

9–436. 1

ON OR BEFORE OCTOBER 1, 2027, AND EACH YEAR THEREA FTER, THE 2
DEPARTMENT, IN CONJUNCTION WITH THE MARYLAND DEPARTMENT OF HEALTH, 3
SHALL REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THE 4
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 5

(1) THE NUMBER OF CASES O F LEGIONNAIRES’ DISEASE IN THE 6
STATE REPORTED IN EACH OF THE PREVIOUS 10 YEARS; 7

(2) THE NUMBER AND TYPE OF VIOLATIONS OF THIS PART III OF THIS 8
SUBTITLE FOR WHICH PENALTIES WERE ASSESSED; AND 9

(3) RECOMMENDATIONS FOR L EGISLATIVE ACTION AS MAY BE 10
NECESSARY TO FURTHER CONTROL LEGIONELLA BACTERIA A ND OTHER 11
WATERBORNE PATHOGENS IN THE PUBLIC W ATER SUPPLY AND AFFE CTED 12
BUILDINGS, INCLUDING RECOMMENDATIONS REGARDING WHETHER THE MINIMUM 13
DETECTABLE DISINFECTANT RESIDUAL LEVEL REQUIREMENTS FOR PUBLIC WATER 14
SYSTEMS SHOULD BE INCREASED. 15

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take e ffect 16
October 1, 2026. 17