Developments in State Policy
New Jersey
This page summarizes New Jersey rules and requirements related to the best management of public community water systems to discourage the growth and potential distribution of pathogens, including Legionella bacteria; investigation procedures and guidelines of potential sources of reported diagnosis or outbreak of Legionnaires’ disease; and water management program development requirements to minimize the growth and transmission of Legionella bacteria.
I. Investigations and Water Management Programs
Citations: N.J. Rev. Stat. § 26:1A-139 (2024); N.J. Rev. Stat. § 26:1A-140 (2024); N.J. Rev. Stat. § 26:1A-141 (2024).
Available: New Jersey Statutes
Summary: New Jersey law requires that the Department of Health or a local health officer follow certain procedures and guidelines to investigate the potential sources of each reported diagnosis or outbreak of Legionnaires’ disease in the state; and that water management programs are developed to minimize the growth and transmission of Legionella bacteria.
Key Provisions:
Investigation. New Jersey law requires that the Department of Health or a local health officer follow certain procedures and guidelines to investigate the potential sources of each reported diagnosis or outbreak of Legionnaires’ disease in the state. N.J. Rev. Stat. § 26:1A-139(5)(b)-(c). Certain buildings suspected to be a source of Legionella bacteria are required to test and mitigate, and report results, following Department of Health procedures and guidelines. N.J. Rev. Stat. § 26:1A-139(5)(d). Building owners or operators may also be required to provide notice; and near-real-time information on incidence rates will be provided on the Department of Health’s website. N.J. Rev. Stat. § 26:1A-139(5)(e), (g).
Water Management Program. The owner or operator of a building or facility that meets certain criteria—some hospitals, nursing homes and similar facilities, buildings with certain water systems or devices, certain correctional facilities, certain residential buildings, certain hotels and the like, and buildings associated with an outbreak of Legionnaires' disease—are required to develop a water management program to minimize the growth and transmission of Legionella bacteria consistent with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 188-2018 or subsequent versions thereof, or appropriate comparable standards. N.J. Rev. Stat. § 26:1A-140(6)(a). The Department of Health is required to provide guidance documents on its website for the development and implementation of water management programs, including guidance for complying with record-keeping requirements, and best practices for periodic water sampling and testing. N.J. Rev. Stat. § 26:1A-140(6)(d). Specific testing and sampling requirements, notice requirements, documentation and recordkeeping requirements, and reporting requirements must be met, or civil penalties and civil administrative penalties may be assessed. N.J. Rev. Stat. § 26:1A-140(6)(e)-(g).
Public Awareness. The Department of Health, in consultation with the Department of Environmental Protection, must develop a public awareness campaign and targeted consumer education program to educate consumers, especially vulnerable populations, concerning the environmental sources of Legionella bacteria, the movement of Legionella bacteria through water distribution systems and how the requirements impact consumers, and the methods to control Legionella bacteria in a person's home. N.J. Rev. Stat. § 26:1A-141(7)(a).
Government Reporting. The Department of Health, in consultation with the Department of Environmental Protection, must submit an annual report to the Governor, that includes information on Legionnaires' disease and Legionella bacteria in the state. N.J. Rev. Stat. § 26:1A-141(7)(b).
II. Public Community Water Systems
Citations: N.J. Rev. Stat. § 58:12A-12.10 (2024); N.J. Rev. Stat. § 58:12A-12.11 (2024); N.J. Rev. Stat. § 58:12A-12.13 (2024).
Available: New Jersey Statutes
Summary: New Jersey law sets forth minimum detectable disinfectant residuals and system maintenance plan requirements for public water systems, and requires the Department of Environmental Protection to develop best management practices for public community water systems to discourage the growth and potential distribution of pathogens, including Legionella bacteria.
Key Provisions:
Public Community Water Systems. “Disruption of the public community water system" is defined as any disruption that has the potential to lessen the quality of the water delivered, including increasing the risk of exposure to pathogens such as Legionella bacteria. N.J. Rev. Stat. § 58:12A-12.10.
Best Management Practices. The law sets forth minimum detectable disinfectant residuals and system maintenance plan requirements for public water systems, and requires the Department of Environmental Protection to develop and publish on its website best management practices for public community water systems to discourage the growth and potential distribution of pathogens, including Legionella bacteria. N.J. Rev. Stat. § 58:12A-12.11.
Rulemaking. Grants general rulemaking power to implement §§ 58:12A-12.10 et al. and provides specific rulemaking requirements for public community water systems with more than 100 service connections to discourage and minimize growth and potential distribution of pathogens, such as Legionella bacteria, in the water system. N.J. Rev. Stat. § 58:12A-12.13.
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