New Jersey’s Legionnaires’ Law: What Stakeholders Need to Know

14 Jul New Jersey’s Legionnaires’ Law: What Stakeholders Need to Know

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Over the past decade, Legionnaires’ disease has become a public health concern across the United States, with reported cases rising steadily. Legionella bacteria (Legionella pneumophila) cause a severe form of pneumonia. Legionella grows in water systems, particularly when water is warm, stagnant, or disinfectant levels decrease. These conditions can develop in public water supply systems and building plumbing networks.

Legionella is commonly found in freshwater environments and is normally a non-issue. It become a health issue when Legionella proliferates unchecked in water supply systems. Infection occurs when people inhale Legionella-infected water mist. Most healthy people will not get the disease, and the disease is rarely spread person to person.

To better ensure public health, New Jersey recently enacted Senate Bill 2188, A1970, more commonly known as New Jersey’s Legionnaires’ Law, that comprehensively regulates potable water systems. By imposing standards on both municipal water distribution networks and certain larger or high-risk buildings, regulators aim to limit opportunities for Legionella to multiply and ultimately reach end users.

Basics of the Law

Property owners, developers, and their advisors need to know how these new obligations will affect them. People who own or operate Public Community Water Systems (PCWS) must comply with these new mandates.

On the source side, the law requires PCWS to maintain stricter water disinfectant levels, implement infrastructure management plans, and certify their compliance annually to the New Jersey Department of Environmental Protection (NJDEP). The goal is to limit the growth and persistence of Legionella.

Owners and managers of large public buildings, commercial properties, and large-scale residential facilities such as hotels and apartment complexes must ensure the cleanliness of the following water sources:

• whirlpools; spas; pools; open- or closed-circuit cooling tower or evaporative condensers that provide cooling or refrigeration for a heating, ventilation, air conditioning, or refrigeration systems
• ornamental fountains; misters; atomizers; air washes; humidifiers; or other non-potable water systems or devices that release water aerosols into the building or on the property upon which the building is located
• buildings more than 10 stories high, including any level that is below grade, with a centralized potable water-heater system

New Jersey’s Legionnaires’ Law also establishes specific obligations for managing building water distributions systems. The goal is to limit the growth and spread of Legionella once it enters a property’s internal water system but before it reaches occupants at the point of use.

To fulfill their obligations, owner/operators must do the following:

• Implement a water management program (WMP) to identify areas within the building’s water systems that are prone to Legionella growth, establish control measures, and set up ongoing monitoring protocols.

• Regularly monitor and maintain internal water systems to help ensure that conditions do not favor the growth or persistence of Legionella. This may include maintaining appropriate water temperatures, adequate disinfectant levels, and flushing low-use outlets.

• Maintain detailed records of water management activities, including monitoring data, maintenance logs, and any corrective actions taken. These records should be readily available for review by regulators if audited.

• Provide notifications and post signage if monitoring reveals Legionella at levels that exceed actionable thresholds established by the NJDEP.

Potential Future Regulatory Actions

Looking ahead, the NJDEP is now developing detailed regulations and guidance to fully implement this new law, both for public community water systems and for property owners and managers of the applicable facilities. These forthcoming regulations and guidance are intended to detail recommended sampling protocols, actionable Legionella thresholds, signage requirements, and enforcement mechanisms.

Because applicable facilities must comply with this new Legionnaires’ Law by September 2026, it is prudent for owners, operators, and their advisors to begin planning for and establishing water management programs now. Doing so will allow for applicable water systems and facilities to accurately estimate the associated future program costs, achieve compliance before the DEP’s final rules are enforced, and reduce health risks, protect building occupants, and limit potential liability exposure tied to Legionella concerns.

ESA is here to help building owners, managers, attorneys, and other stakeholders understand and comply with New Jersey’s new Legionnaires’ Law. Contact us today for guidance on how these requirements may affect your property. ESA can help you design your compliance program and record-keeping protocol.