Bill Text: NY A05157 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to requiring the periodic inspection and maintenance of heating and cooling systems for the purpose of preventing and detecting the presence of legionella bacteria.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A05157 Detail]

Download: New_York-2021-A05157-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5157

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Health

        AN  ACT  to  amend  the  public health law, in relation to requiring the
          periodic inspection and maintenance of heating and cooling systems for
          the purpose of preventing and detecting  the  presence  of  legionella
          bacteria

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 13 of the public health law is amended by adding  a
     2  new title 13-A to read as follows:
     3                                TITLE XIII-A
     4        PREVENTING AND DETECTING THE PRESENCE OF LEGIONELLA BACTERIA
     5    §  1389-aaa.  The  periodic  inspection and maintenance of heating and
     6  cooling systems for the purpose of preventing and detecting the presence
     7  of legionella bacteria. 1. The department shall  issue  regulations  and
     8  standards  for  the  periodic  inspection and maintenance of heating and
     9  cooling systems for the purpose of preventing and detecting the presence
    10  of legionella bacteria.
    11    2. Said regulations and standards  shall  be  applicable  to  heating,
    12  ventilating and air conditioning systems in multiple dwelling residences
    13  and  commercial  buildings, including but not limited to cooling towers,
    14  evaporative condensers and humidifiers; and any other water system  that
    15  the department deems necessary to inspect for the presence of legionella
    16  bacteria.
    17    3.  Said  regulations  and standards shall include, but not be limited
    18  to, requirements that each owner: develop and  implement  a  maintenance
    19  program  and  plan;  keep a copy of the plan available for review by the
    20  department upon request; have the heating and cooling  system  inspected
    21  at least semi-annually by a person qualified to evaluate such system for
    22  the  presence  of  legionella  bacteria according to industry standards;
    23  upon a determination of the presence of contaminants take all  necessary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01446-01-1
        A. 5157                             2

     1  steps  to  appropriately  clean and disinfect the system and immediately
     2  notify the department; and permit department personnel to enter upon and
     3  inspect any such system.
     4    4.  This  section shall not supersede or preempt any municipality with
     5  stronger rules, regulations, codes, statutes or ordinances  with  regard
     6  to detecting and preventing the presence of legionella bacteria.
     7    5. The department shall impose a civil penalty for a violation of this
     8  section  in  an  amount not to exceed one thousand dollars for the first
     9  offense and two thousand dollars for each additional offense.
    10    § 2. This act shall take effect immediately.