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PRINTER'S NO. 2681
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2085
Session of
2025
INTRODUCED BY SMITH-WADE-EL, NEILSON, HOHENSTEIN, WAXMAN, HILL-
EVANS, RIVERA, HADDOCK, SANCHEZ, CURRY, CEPEDA-FREYTIZ,
PROBST, GUZMAN, GUENST, CONKLIN, PASHINSKI, GALLAGHER AND
RUSNOCK, DECEMBER 8, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, DECEMBER 9, 2025
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for Legionnaires' disease
risk management; establishing the Legionnaires' Disease
Awareness Fund; and imposing duties on the Department of
Environmental Protection and the Department of Health.
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 public water system.
6704. Records of disruption.
6705. Environmental rules and regulations.
6706. Investigations of Legionnaires' disease.
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6707. Duties of building owners and operators.
6708. Public awareness campaign and annual report.
6709. Health rules and regulations.
§ 6701. Scope of chapter.
This chapter relates to the testing for and mitigation of
Legionella bacteria in public water systems by the department.
§ 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:
"De-identified data." Information that does not identify an
individual, and for which there is no reasonable basis to
believe that the information can be used to identify an
individual, and which meets the requirements for de-
identification of protected health information.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Disruption of public water system." Any disruption that has
the potential to lessen the quality of the water delivered,
including the risk of exposure to pathogens such as Legionella
bacteria. The term includes:
(1) A change in the water treatment process.
(2) An unplanned event that results in catastrophic
issues that disrupt typical water system operations.
(3) A change in source of the drinking water.
(4) Any other conditions that the department finds may
lead to a potential risk in the quality of water.
"Public water system." 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.
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§ 6703. Duties of public water system.
(a) Minimum detectable disinfectant residual.--The owner or
operator of a public 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 for the protection of public health, shall maintain:
(1) For systems utilizing chlorine as a disinfectant, a
minimum detectable disinfectant residual of at least 0.5
milligrams per liter of free chlorine in all active parts of
the public water system at all times.
(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 water system at all times.
(b) Best management practices.--The department shall, within
12 months after the effective date of this subsection, develop
and publish on its publicly accessible Internet website, best
management practices for public water systems to discourage the
growth and potential distribution of pathogens such as
Legionella bacteria. The best management practices shall include
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 schedules.
(4) Disinfectant residual maintenance.
(5) Storage tank maintenance.
(6) Identification of areas of low water use, stagnation
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or low pressure.
(7) Monitoring and testing.
(8) Water age management.
(9) Use of nitrification action plans for chloraminated
systems.
(10) Other measures the department deems necessary for
the optimization of water systems.
(c) Distribution system maintenance plan.--No later than six
months after the adoption and promulgation of rules and
regulations by the department under section 6705 (relating to
environmental rules and regulations), each public water system
that is subject to the provisions of subsection (a) shall
develop and implement a distribution system maintenance plan to
comply with the provisions of this chapter in accordance with
the best management practices developed under subsection (b) and
any applicable rules and regulations adopted and promulgated by
the department. The public water system shall annually submit to
the department a statement certifying that the public water
system has developed and implemented a distribution system
maintenance plan under this subsection.
§ 6704. Records of disruption.
(a) Owner or operator of public water system.--
(1) The owner or operator of a public water system that
is subject to section 6703(a) (relating to duties of public
water system) shall provide a record of a disruption of the
public water system to the department via document upload or
form submission to a data management system established by
the department under subsection (b) within 72 hours of the
occurrence of the disruption of the public water system.
(2) The requirements of paragraph (1) shall not apply
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until the department has developed a data management system
for the submission of records of disruption of public water
systems.
(b) Data management system.--No later than 24 months after
the effective date of this subsection, the department shall
establish a data management system for the receipt of records by
a public water system of any disruption and, on its publicly
accessible Internet website, a dashboard of publicly accessible
and searchable records of disruptions of the public water system
received by the department under this section.
§ 6705. Environmental rules and regulations.
(a) Adoption.--No later than 24 months after the effective
date of this subsection, the department, in consultation with
the Department of Health, shall adopt rules and promulgate
regulations to implement the provisions of this chapter.
(b) Requirements.--The rules and regulations adopted and
promulgated under subsection (a) shall establish requirements
for public water systems with more than 100 service connections
to discourage and minimize growth and potential distribution of
pathogens such as Legionella bacteria in the water system and
shall include:
(1) Criteria to be used by public water systems to
develop distribution system maintenance plans, including
frequency of required disinfectant residual monitoring.
(2) Requirements for a public water system to certify
its distribution system maintenance plan and provide the plan
to the department upon request.
(3) Criteria for what would constitute a failure to
comply with a distribution system maintenance plan.
(4) Criteria for identifying disruptions of the public
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water system.
(5) Requirements for customer notifications during times
of increased risk of Legionella bacteria exposure, including
a requirement to provide information about the risk of
Legionella bacteria and measures consumers can take to reduce
or eliminate exposure to Legionella bacteria.
(6) Penalties for failure to maintain the minimum
detectable disinfectant residual required under section
6703(a) (relating to duties of public water system), failure
to comply with a certified distribution system maintenance
plan, failure to comply with notification requirements or any
other violations of this chapter.
§ 6706. Investigations of Legionnaires' disease.
(a) Requirement.--For each reported diagnosis of
Legionnaires' disease in this Commonwealth, the Department of
Health or a local health officer under subsection (c) shall
conduct an epidemiological investigation to ascertain potential
sources of infection consistent with the provisions of this
section and the procedures and guidelines established under
subsection (b).
(b) Procedures and guidelines.--The Department of Health
shall develop procedures and guidelines regarding suspected
outbreaks of Legionnaires' disease under subsection (a),
including:
(1) Documentation of any disruption of the public water
system serving the primary residence of the individual with a
confirmed case of Legionnaires' disease or other water
exposure points identified under paragraph (3).
(2) Provisions for the investigation of potential
sources of exposure to Legionella bacteria from fixtures,
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water-using equipment or features at the individual's
residence, including water exposures external to the
residence such as irrigation, hoses or water-based equipment
and devices.
(3) Provisions for the investigation of potential
sources of exposure to Legionella bacteria from water
exposure points in locations the individual visited in the 14
days preceding infection, if appropriate.
(4) Procedures for determining when sampling of water
fixtures identified as potential sources of exposure in
paragraphs (2) and (3) shall be performed and procedures for
performing the sampling.
(c) Delegation of responsibilities.--The Department of
Health may delegate its responsibilities and duties under this
section as deemed appropriate for conducting all or part of the
case investigation required by this section to a local health
officer having jurisdiction over the locality in which a patient
diagnosed with Legionnaires' disease lives, frequently visits or
is employed, subject to the resources available to the local
health officer.
(d) Dashboard.--The Department of Health shall establish on
its publicly accessible Internet website a dashboard accessible
to the public and health care providers that provides de-
identified data related to all reported cases of Legionnaires'
disease, with the goal of providing near real-time incidence
rates in affected communities. The Department of Health shall
include information concerning aggregated data of all reported
cases of Legionnaires' disease with the greatest degree of
specificity consistent with ensuring that no information that
could compromise protected health information or patient
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identity is included in the reporting.
§ 6707. Duties of building owners and operators.
(a) Water management program.--
(1) No later than 24 months after the effective date of
this paragraph, the owner or operator of a building or
facility that meets the criteria provided in American Society
of Heating, Refrigeration and Air Conditioning Engineers
Standard 188-2021, Legionellosis: Risk Management for
Building Water Systems in effect on the effective date of
this paragraph shall implement a water management program to
minimize the growth and transmission of Legionella bacteria
in the building's water system, consistent with American
Society of Heating, Refrigeration and Air Conditioning
Engineers Standard 188-2021 and American Society of Heating,
Refrigeration and Air Conditioning Engineers Guideline 12-
2023, Managing the Risk of Legionellosis Associated with
Building Water Systems in effect on the effective date of
this paragraph.
(2) The owner or operator of a facility or building
required to implement a water management program under this
section shall make the water management program available
upon request to an employee of the department, the Department
of Health or any other department or agency with license or
inspection authority for the facility or building.
(b) Fines.--The department, or any other department or
agency with license or inspection authority for the facility or
building, is authorized to impose fines on an owner or operator
of a building that meets the criteria in American Society of
Heating, Refrigeration and Air Conditioning Engineers Standard
188-2021 in effect on the effective date of this subsection for
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violations of this section consistent with existing fine
structures, provided the owner or operator of a building is
provided with due process and fair hearing rights.
(c) Legionnaires' Disease Awareness Fund.--The Legionnaires'
Disease Awareness Fund is established as a separate fund in the
State Treasury. Money collected by the Commonwealth for
violations of this chapter shall be deposited into the fund.
Money in the fund is appropriated on a continuing basis to the
department for the purposes of this chapter.
(d) Water sampling and testing.--Water sampling and testing
for bacteria conducted as part of a water management plan shall,
at minimum, include testing for Legionella pneumophila and be
conducted in a manner consistent with:
(1) Rules, regulations and best practices developed by
the Department of Health.
(2) The American Society of Heating, Refrigeration and
Air Conditioning Engineers Standard 188-2021 in effect on the
effective date of this paragraph.
§ 6708. Public awareness campaign and annual report.
(a) Development.--The Department of Health, in consultation
with the department, 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 this chapter, how the requirements of this
chapter impact consumers and the methods to control Legionella
bacteria in an individual's home. The public awareness campaign
and education program shall include information on the
relationship between the risk of the proliferation of Legionella
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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 an individual's home or
on an individual's property and the risk associated with the
inhalation or aspiration by vulnerable populations of water
droplets containing Legionella bacteria.
(b) Report.--No later than one year after the effective date
of this subsection and annually thereafter, the Department of
Health, in consultation with the department, shall submit a
report to the Governor and General Assembly, which shall
include:
(1) The number of cases of Legionnaires' disease in this
Commonwealth reported in each of the previous 10 years.
(2) The number of reported water sampling results in
public water systems in the past year received by the
department that indicate the presence of Legionella bacteria.
(3) The number and type of violations of this chapter
for which penalties were assessed.
(4) Recommendations as to whether the minimum detectable
disinfectant targets established under this chapter should be
increased in order to minimize the growth and transmission of
Legionella bacteria.
(5) Any recommendations for legislative action as may be
necessary to further control Legionella bacteria in the
public water supply and affected homes and buildings.
§ 6709. Health rules and regulations.
No later than 24 months after the effective date of this
section, the Department of Health, in consultation with the
department, shall adopt rules and regulations to implement the
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provisions of this chapter. The rules and regulations shall be
consistent with the American Society of Heating, Refrigeration
and Air Conditioning Engineers Standard 188-2021 in effect on
the effective date of this section.
Section 2. This act shall take effect in 60 days.
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