Pennsylvania 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.

Bill Text

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