By Angelica Carr, Project Manager; Brian E. Nemetz, CMC; and Dan Bracey, CSP, CHMM
New Jersey Senate Bill 2188 was passed by both the Assembly and Senate on June 28, 2024, and was signed by the governor into law on September 12, 2024. It introduces new requirements in which all New Jersey building owners, New Jersey Department of Health (DOH), New Jersey Department of Environmental Protection (DEP), and public water utilities will need to comply in order to prevent the transmission of Legionnaires’ disease.
Legionella bacteria are naturally occurring and can be found in bodies of water, plumbing systems, and HVAC systems. A common misconception is that Legionella is only discovered in aging infrastructure, however, it can also be stirred up during new construction and renovation projects. It is common in stagnant water systems that have the potential to aerosolize water droplets. These systems include, but are not limited to, cooling towers, showers, decorative fountains, nebulizers, etc. Confirmed cases of Legionnaires’ disease are on the rise, and this bill has the potential to reduce its exposure to millions.
Within 12 months after the effective date (September 12, 2025), building owners and operators must develop a water management program to minimize the growth and transmission of Legionella bacteria. A Legionella water management plan and program must be implemented for all water systems within the following facilities:
A water management program must include the following:
The Legionella water management program must include sampling for Legionella pneumophila if the site has been associated with an outbreak of Legionnaires’ disease or if the CDC has recommended sampling. ASHRAE and CDC recommendations must be followed when interpreting Legionella test results.
Within the next 27 months after the effective date of P.L. 2024, c.66 (C.58:12A-12.10 et al.), the owner or operator of a building must implement a Legionella water management plan. Additionally, they will have to post a notice on the building premises that this WMP has been successfully established. Owners of newly constructed or repurposed buildings shall confirm that the water management program mitigates the potential for human exposure to Legionella bacteria prior to commissioning.
New Jersey Senate Bill 2188 is the first state regulation to require Legionella water management programs for all building types and water systems per ASHREA 188. Other states are also taking notice. New York, Michigan, Virginia, Illinois, and Ohio have already adopted similar mandates, and Pennsylvania is on track to do the same with pending legislation.
See the individual state requirements below:
Non-compliance can result in significant penalties. This makes it critical for owners to understand their responsibilities and act now. Regardless of whether testing for Legionella is regulated by law, building owners are required to maintain a safe environment for their occupants with a reasonable expectation to limit exposure to hazardous pathogens.
Partner’s experienced team of industrial hygiene experts, including Certified Industrial Hygienists, are ready to assist our clients in developing water management programs and sampling for legionella. For decades, Partner has been providing drinking water sampling, analysis, and consulting for our substantial network of public and private clients nationwide. By leveraging Partner’s expertise, building owners can ensure compliance with this and other legionella regulations, maintain a proper water management plan, and protect the health and safety of their community.
Contact us today to learn more about how we can help.
March 24, 2025
The U.S. Environmental Protection Agency (EPA) has issued updated regulations for several chemicals under the Toxic Substances and Control Act (TSCA) Section 6(a). These new regulations list EPA's Existing Chemical Exposure Limits (ECELs).
March 06, 2025
Beyond the immediate damage caused by flames, residual damage caused by smoke and soot can leave lingering effects requiring thorough restoration and clean-up of your commercial or residential property. Understanding the smoke damage cleanup process and knowing what to expect can help commercial and residential property owners navigate this challenging time more effectively.
March 03, 2025
Experiencing a fire in your home or commercial property can be devastating. Beyond the visible damage, fires can significantly impact indoor air quality, posing health risks to occupants. In this article, we provide property owners, both commercial and residential, with essential information about indoor air quality testing after a fire and offer tips for safely re-occupying the property.
