HB 2085 — 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.

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
 1   Amending Title 27 (Environmental Resources) of the Pennsylvania
 2      Consolidated Statutes, providing for Legionnaires' disease
 3      risk management; establishing the Legionnaires' Disease
 4      Awareness Fund; and imposing duties on the Department of
 5      Environmental Protection and the Department of Health.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 27 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a chapter to read:
10                                CHAPTER 67
11                   LEGIONNAIRES' DISEASE RISK MANAGEMENT
12   Sec.
13   6701.   Scope of chapter.
14   6702.   Definitions.
15   6703.   Duties of public water system.
16   6704.   Records of disruption.
17   6705.   Environmental rules and regulations.
18   6706.   Investigations of Legionnaires' disease.
 1   6707.   Duties of building owners and operators.
 2   6708.   Public awareness campaign and annual report.
 3   6709.   Health rules and regulations.
 4   § 6701.    Scope of chapter.
 5      This chapter relates to the testing for and mitigation of
 6   Legionella bacteria in public water systems by the department.
 7   § 6702.    Definitions.
 8      The following words and phrases when used in this chapter
 9   shall have the meanings given to them in this section unless the
10   context clearly indicates otherwise:
11      "De-identified data."       Information that does not identify an
12   individual, and for which there is no reasonable basis to
13   believe that the information can be used to identify an
14   individual, and which meets the requirements for de-
15   identification of protected health information.
16      "Department."     The Department of Environmental Protection of
17   the Commonwealth.
18      "Disruption of public water system."      Any disruption that has
19   the potential to lessen the quality of the water delivered,
20   including the risk of exposure to pathogens such as Legionella
21   bacteria. The term includes:
22             (1)   A change in the water treatment process.
23             (2)   An unplanned event that results in catastrophic
24      issues that disrupt typical water system operations.
25             (3)   A change in source of the drinking water.
26             (4)   Any other conditions that the department finds may
27      lead to a potential risk in the quality of water.
28      "Public water system."      As defined in section 3 of the act of
29   May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
30   Drinking Water Act.

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 1   § 6703.    Duties of public water system.
 2      (a)    Minimum detectable disinfectant residual.--The owner or
 3   operator of a public water system which has more than 100
 4   service connections and which is served fully or partially by
 5   surface water or groundwater under the influence of surface
 6   water, or any other public water system as determined by the
 7   department for the protection of public health, shall maintain:
 8             (1)   For systems utilizing chlorine as a disinfectant, a
 9      minimum detectable disinfectant residual of at least 0.5
10      milligrams per liter of free chlorine in all active parts of
11      the public water system at all times.
12             (2)   For systems utilizing chloramine as a disinfectant,
13      a minimum detectable disinfectant residual of at least 1.0
14      milligrams per liter of monochloramine in all active parts of
15      the public water system at all times.
16      (b)    Best management practices.--The department shall, within
17   12 months after the effective date of this subsection, develop
18   and publish on its publicly accessible Internet website, best
19   management practices for public water systems to discourage the
20   growth and potential distribution of pathogens such as
21   Legionella bacteria. The best management practices shall include
22   information regarding:
23             (1)   Identification of areas of aging infrastructure,
24      dead ends or components prone to biofilm accumulation.
25             (2)   Types of disruptions in the water distribution
26      system.
27             (3)   Flushing details and schedules.
28             (4)   Disinfectant residual maintenance.
29             (5)   Storage tank maintenance.
30             (6)   Identification of areas of low water use, stagnation

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 1      or low pressure.
 2             (7)    Monitoring and testing.
 3             (8)    Water age management.
 4             (9)    Use of nitrification action plans for chloraminated
 5      systems.
 6             (10)   Other measures the department deems necessary for
 7      the optimization of water systems.
 8      (c)    Distribution system maintenance plan.--No later than six
 9   months after the adoption and promulgation of rules and
10   regulations by the department under section 6705 (relating to
11   environmental rules and regulations), each public water system
12   that is subject to the provisions of subsection (a) shall
13   develop and implement a distribution system maintenance plan to
14   comply with the provisions of this chapter in accordance with
15   the best management practices developed under subsection (b) and
16   any applicable rules and regulations adopted and promulgated by
17   the department. The public water system shall annually submit to
18   the department a statement certifying that the public water
19   system has developed and implemented a distribution system
20   maintenance plan under this subsection.
21   § 6704.    Records of disruption.
22      (a)    Owner or operator of public water system.--
23             (1)    The owner or operator of a public water system that
24      is subject to section 6703(a) (relating to duties of public
25      water system) shall provide a record of a disruption of the
26      public water system to the department via document upload or
27      form submission to a data management system established by
28      the department under subsection (b) within 72 hours of the
29      occurrence of the disruption of the public water system.
30             (2)    The requirements of paragraph (1) shall not apply

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 1      until the department has developed a data management system
 2      for the submission of records of disruption of public water
 3      systems.
 4      (b)    Data management system.--No later than 24 months after
 5   the effective date of this subsection, the department shall
 6   establish a data management system for the receipt of records by
 7   a public water system of any disruption and, on its publicly
 8   accessible Internet website, a dashboard of publicly accessible
 9   and searchable records of disruptions of the public water system
10   received by the department under this section.
11   § 6705.    Environmental rules and regulations.
12      (a)    Adoption.--No later than 24 months after the effective
13   date of this subsection, the department, in consultation with
14   the Department of Health, shall adopt rules and promulgate
15   regulations to implement the provisions of this chapter.
16      (b)    Requirements.--The rules and regulations adopted and
17   promulgated under subsection (a) shall establish requirements
18   for public water systems with more than 100 service connections
19   to discourage and minimize growth and potential distribution of
20   pathogens such as Legionella bacteria in the water system and
21   shall include:
22             (1)   Criteria to be used by public water systems to
23      develop distribution system maintenance plans, including
24      frequency of required disinfectant residual monitoring.
25             (2)   Requirements for a public water system to certify
26      its distribution system maintenance plan and provide the plan
27      to the department upon request.
28             (3)   Criteria for what would constitute a failure to
29      comply with a distribution system maintenance plan.
30             (4)   Criteria for identifying disruptions of the public

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 1      water system.
 2             (5)   Requirements for customer notifications during times
 3      of increased risk of Legionella bacteria exposure, including
 4      a requirement to provide information about the risk of
 5      Legionella bacteria and measures consumers can take to reduce
 6      or eliminate exposure to Legionella bacteria.
 7             (6)   Penalties for failure to maintain the minimum
 8      detectable disinfectant residual required under section
 9      6703(a) (relating to duties of public water system), failure
10      to comply with a certified distribution system maintenance
11      plan, failure to comply with notification requirements or any
12      other violations of this chapter.
13   § 6706.    Investigations of Legionnaires' disease.
14      (a)    Requirement.--For each reported diagnosis of
15   Legionnaires' disease in this Commonwealth, the Department of
16   Health or a local health officer under subsection (c) shall
17   conduct an epidemiological investigation to ascertain potential
18   sources of infection consistent with the provisions of this
19   section and the procedures and guidelines established under
20   subsection (b).
21      (b)    Procedures and guidelines.--The Department of Health
22   shall develop procedures and guidelines regarding suspected
23   outbreaks of Legionnaires' disease under subsection (a),
24   including:
25             (1)   Documentation of any disruption of the public water
26      system serving the primary residence of the individual with a
27      confirmed case of Legionnaires' disease or other water
28      exposure points identified under paragraph (3).
29             (2)   Provisions for the investigation of potential
30      sources of exposure to Legionella bacteria from fixtures,

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 1      water-using equipment or features at the individual's
 2      residence, including water exposures external to the
 3      residence such as irrigation, hoses or water-based equipment
 4      and devices.
 5            (3)   Provisions for the investigation of potential
 6      sources of exposure to Legionella bacteria from water
 7      exposure points in locations the individual visited in the 14
 8      days preceding infection, if appropriate.
 9            (4)   Procedures for determining when sampling of water
10      fixtures identified as potential sources of exposure in
11      paragraphs (2) and (3) shall be performed and procedures for
12      performing the sampling.
13      (c)   Delegation of responsibilities.--The Department of
14   Health may delegate its responsibilities and duties under this
15   section as deemed appropriate for conducting all or part of the
16   case investigation required by this section to a local health
17   officer having jurisdiction over the locality in which a patient
18   diagnosed with Legionnaires' disease lives, frequently visits or
19   is employed, subject to the resources available to the local
20   health officer.
21      (d)   Dashboard.--The Department of Health shall establish on
22   its publicly accessible Internet website a dashboard accessible
23   to the public and health care providers that provides de-
24   identified data related to all reported cases of Legionnaires'
25   disease, with the goal of providing near real-time incidence
26   rates in affected communities. The Department of Health shall
27   include information concerning aggregated data of all reported
28   cases of Legionnaires' disease with the greatest degree of
29   specificity consistent with ensuring that no information that
30   could compromise protected health information or patient

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 1   identity is included in the reporting.
 2   § 6707.    Duties of building owners and operators.
 3      (a)    Water management program.--
 4             (1)   No later than 24 months after the effective date of
 5      this paragraph, the owner or operator of a building or
 6      facility that meets the criteria provided in American Society
 7      of Heating, Refrigeration and Air Conditioning Engineers
 8      Standard 188-2021, Legionellosis: Risk Management for
 9      Building Water Systems in effect on the effective date of
10      this paragraph shall implement a water management program to
11      minimize the growth and transmission of Legionella bacteria
12      in the building's water system, consistent with American
13      Society of Heating, Refrigeration and Air Conditioning
14      Engineers Standard 188-2021 and American Society of Heating,
15      Refrigeration and Air Conditioning Engineers Guideline 12-
16      2023, Managing the Risk of Legionellosis Associated with
17      Building Water Systems in effect on the effective date of
18      this paragraph.
19             (2)   The owner or operator of a facility or building
20      required to implement a water management program under this
21      section shall make the water management program available
22      upon request to an employee of the department, the Department
23      of Health or any other department or agency with license or
24      inspection authority for the facility or building.
25      (b)    Fines.--The department, or any other department or
26   agency with license or inspection authority for the facility or
27   building, is authorized to impose fines on an owner or operator
28   of a building that meets the criteria in American Society of
29   Heating, Refrigeration and Air Conditioning Engineers Standard
30   188-2021 in effect on the effective date of this subsection for

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 1   violations of this section consistent with existing fine
 2   structures, provided the owner or operator of a building is
 3   provided with due process and fair hearing rights.
 4      (c)    Legionnaires' Disease Awareness Fund.--The Legionnaires'
 5   Disease Awareness Fund is established as a separate fund in the
 6   State Treasury. Money collected by the Commonwealth for
 7   violations of this chapter shall be deposited into the fund.
 8   Money in the fund is appropriated on a continuing basis to the
 9   department for the purposes of this chapter.
10      (d)    Water sampling and testing.--Water sampling and testing
11   for bacteria conducted as part of a water management plan shall,
12   at minimum, include testing for Legionella pneumophila and be
13   conducted in a manner consistent with:
14             (1)   Rules, regulations and best practices developed by
15      the Department of Health.
16             (2)   The American Society of Heating, Refrigeration and
17      Air Conditioning Engineers Standard 188-2021 in effect on the
18      effective date of this paragraph.
19   § 6708.    Public awareness campaign and annual report.
20      (a)    Development.--The Department of Health, in consultation
21   with the department, shall develop a public awareness campaign
22   and targeted consumer education program to educate consumers,
23   especially vulnerable populations, concerning the environmental
24   sources of Legionella bacteria, the movement of Legionella
25   bacteria through water distribution systems, the notification
26   requirements of this chapter, how the requirements of this
27   chapter impact consumers and the methods to control Legionella
28   bacteria in an individual's home. The public awareness campaign
29   and education program shall include information on the
30   relationship between the risk of the proliferation of Legionella

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 1   bacteria and hot water, the temperature requirements for medical
 2   devices, expansion tanks, hot tubs, whirlpools, spas, pools, air
 3   conditioning systems, ornamental fountains or other equipment or
 4   devices that release water aerosols in an individual's home or
 5   on an individual's property and the risk associated with the
 6   inhalation or aspiration by vulnerable populations of water
 7   droplets containing Legionella bacteria.
 8      (b)     Report.--No later than one year after the effective date
 9   of this subsection and annually thereafter, the Department of
10   Health, in consultation with the department, shall submit a
11   report to the Governor and General Assembly, which shall
12   include:
13             (1)   The number of cases of Legionnaires' disease in this
14      Commonwealth reported in each of the previous 10 years.
15             (2)   The number of reported water sampling results in
16      public water systems in the past year received by the
17      department that indicate the presence of Legionella bacteria.
18             (3)   The number and type of violations of this chapter
19      for which penalties were assessed.
20             (4)   Recommendations as to whether the minimum detectable
21      disinfectant targets established under this chapter should be
22      increased in order to minimize the growth and transmission of
23      Legionella bacteria.
24             (5)   Any recommendations for legislative action as may be
25      necessary to further control Legionella bacteria in the
26      public water supply and affected homes and buildings.
27   § 6709.    Health rules and regulations.
28      No later than 24 months after the effective date of this
29   section, the Department of Health, in consultation with the
30   department, shall adopt rules and regulations to implement the

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1   provisions of this chapter. The rules and regulations shall be
2   consistent with the American Society of Heating, Refrigeration
3   and Air Conditioning Engineers Standard 188-2021 in effect on
4   the effective date of this section.
5      Section 2.   This act shall take effect in 60 days.




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