House committee substitute deletes the content of the 1st edition and replaces it with the following.
Includes whereas clauses.
Directs the Department of Health and Human Services (DHHS) to study what actions the State can take to reduce the risk of Legionnaires' disease by minimizing the growth and transmission of waterborne Legionella pneumophila. Requires the study to include two components: (1) identifying all current measures in place to reduce the risk of the disease, including State and federal regulatory requirements relating to building water systems and public water systems and (2) comparing current State statutory and regulatory frameworks to the recommendations contained in the identified standard of the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). Requires DHHS to report to the specified NCGA committee by April 1, 2022.
Appropriates $10,000 from the General Fund to DHHS for 2021-22 to conduct the study.
Changes the act's titles.
Bill H 909 (2021)Summary date: Aug 31 2021 - View summary
Bill H 909 (2021)Summary date: May 10 2021 - View summary
Part I. cites the acts as the "Legionnaires' Disease Prevention Act."
Enacts new Article 10A to GS Chapter 130A as follows. Sets forth defined terms. Requires the Department of Health and Human Services (DHHS) to instruct owners and operators of covered buildings, defined as a building or facility that meets the criteria described in the American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) Standard 188-2018 or is subject to regulation by the federal Centers for Medicare and Medicaid Services (CMS), that they are required to establish and operate a water management plan by October 1, 2022, that includes validation testing of water to minimize the growth and transmission of Legionella pneumophila in the covered building's water system consistent with ASHRAE Standard 188-2018. Requires owners and operators to retain a copy of the sampling and management plan and sampling results for at least three years as part of the water management plan required, and provide DHHS a copy of their water management plan and sampling results, whereupon DHHS is required to issue a certificate of compliance to the owner or operator. Requires the water management plan be available for inspection upon request to any department or agency with licensing or inspection authority over the covered building. Additionally requires owners or operators of a covered building to conduct Legionella pneumophilia culture sampling and analysis as required by DHHS upon a determination by DHHS of one or more cases of Legionnaires' disease are or may be associated with the covered building, or any other conditions specified in DHHS rules. Requires all sampling and testing to be performed by a lab approved to perform the analysis by the NC Wastewater/Groundwater Laboratory Certification program in the Water Sciences Section of the Department of Environmental Quality (DEQ). Directs DHHS to adopt implementing rules, including routine testing for Legionella pneumophilia bacteria for covered buildings.
Directs DHHS to adopt required rules within 180 days of the date the act becomes law.
Enacts GS 130A-331.7, directing DEQ to instruct each owner or operator of a public water system to (1) assess the risk of Legionella pneumophilia in the public water system, (2) implement any necessary mitigations, and (3) implement routine sampling and testing of the public water system for the presence of Legionella pneumophilia bacteria. Requires all sampling and testing to be performed by a lab approved to perform the analysis by the NC Wastewater/Groundwater Laboratory Certification program in the Water Sciences Section of DEQ. Directs DEQ to adopt rules to incorporate the requirements of new Article 10A.
Directs DEQ to adopt required rules within 180 days of the date the act becomes law.
Effective July 1, 2021, appropriates $100,000 for each year of 2021-23 from the General Fund to DEQ to conduct testing of the public water system for the presence of Legionella pneumophilia bacteria.
Provides the act is effective October 1, 2021, unless otherwise provided.Development, Land Use and Housing, Property and Housing, Environment, Environment/Natural Resources, Government, Budget/Appropriations, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Health and Human Services, Health, Public Health, Public Enterprises and Utilities