What is New Jersey Senate Bill 2188?

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New Jersey Senate Bill 2188 Aims at Preventing and Controlling Legionnaires' Disease.

UPDATE:  Governor Murphy signed NJ Senate Bill 2188 into law on September 12, 2024.

NJ Senate Bill 2188 requires owners and operators of specific buildings, facilities, and public water systems in New Jersey to adhere to new requirements aimed at preventing and controlling cases of Legionnaires’ disease.  You can view NJ Senate Bill 2188 here.

As with any new bill of this length, there is a lot of information to assess.  The purpose of this page is to help you become familiar with the NJ Bill 2188 and understand its potential impact.  

Note:  Clarity Water Technologies, LLC, is not affiliated with the state of New Jersey.  The information below is Clarity’s interpretation of the bill. Please consult the bill directly to determine how it pertains to your water systems and facilities.

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NJ Bill 2188 and Water Management Programs

Learn from our water treatment experts about NJ Bill 2188 and what’s involved in creating a Water Management Program.  Use the form below to register and receive access to the webinar video!

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FREE WEBINAR:  NJ Bill 2188 and Water Management Programs

Learn from our water treatment experts about NJ Bill 2188 and what’s involved in creating a Water Management Program.  Join us live for a 20 minute review and Q&A!

Two webinar sessions are available:

Thursday, May 8 (noon EST)

Friday, May 16 (9:00 AM EST)

Can’t join us live?  A video replay will be made available to all registrants.

Note:  You must register using your business email address.

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What Types of Buildings and Water Systems Does NJ Bill 2188 Pertain To?

Bill 2188 lists the specific buildings and water systems in New Jersey that fall within its scope.

Public Community Water Systems:

  • Public community water systems with 100 or more 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 of Environmental Protection for the protection of public health.

 

Buildings and Facilities:

  • Healthcare facilities that meet any of the following criteria:
    • A general or specialty hospital that provides in-patient services
    • A nursing home, assisted living facility, comprehensive personal care home, residential health care facility, or dementia care home
  • Buildings containing a whirlpool, spa, pool, open-circuit or closed-circuit cooling tower or evaporative condenser that provides cooling or refrigeration for a heating, ventilation, air conditioning, or refrigeration system, indoor ornamental fountain, mister, atomizer, air wash, humidifier, or other non-potable water system or device that releases water aerosols in the building or on the property upon which the building is located
  • A residential high-rise structure with six or more floors and one or more centralized potable water-heater systems
  • Correctional facilities with one or more centralized potable hot water systems
  • Buildings with one or more centralized potable water-heater systems shared by 25 or more housing units for transient use, including, not but limited to, a hotel or motel
  • Residential buildings with a centralized potable water-heater system that is shared by 25 or more housing units, which serves as subsidized housing designated for individuals who are 62 years of age or older or who have a disability, or is designated as senior housing
  • Residential, commercial, institutional, or industrial buildings or facilities, including a hotel or motel, not otherwise required to implement a water management program, but which has been determined by the Department of Health or a local health officer to have been associated with an outbreak of Legionnaires’ disease.

    What Is Needed to Comply With NJ Bill 2188?

    You may need to take specific measures to ensure you are compliant with all new requirements:

    Public Community Water Systems:

    Note: This section summarizes information from NJ Bill 2188 for public community water systems. Please consult the bill directly for all information and requirements.

    Owners or operators of a public community water system with 100 or more service connections need to ensure their water systems always maintain at least 0.3 ppm of free chlorine or 1.00 ppm of monochloramine in all the points of the distribution system. Specifically, the bill states they must maintain:

    1. for systems utilizing chlorine as a disinfectant, a minimum detectable disinfectant residual of at least 0.3 milligrams per liter of free chlorine in all active parts of the public community water system at all times; and
    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 community water system at all times.

     

    The bill states that the Department of Environmental Protection (DEP) will create a set of best management practices for public community water systems and publish them to the DEP website no later than September 12, 2025.  The DEP will also adopt rules and regulations that establish requirements for public community water systems.  Once the DEP publicly finalizes these rules and regulations, owners and operators of public community water systems will have 6 months to develop and implement a compliant distribution system maintenance plan.

    NJ Bill 2188 also requires owners and operators of public community water systems to report any disruption of their system.  The bill also details the course of action for each reported diagnosis of Legionnaire’s disease in the state.  Refer to the bill for specific information on these requirements.

    Buildings and Facilities:

    Note:  This section summarizes information from NJ Bill 2188 for buildings and facilities.  Please consult the bill directly for all information and requirements.

    If you own or operate a building or facility that falls within the scope of this bill, you need to ensure that a water management program is implemented to minimize the growth and transmission of Legionella bacteria in the water systems.  The type of building or facility and its water systems may impact the requirements for the water management program.  For example, a building with certain non-potable water systems or devices may only need to implement a water management program for the listed device and not for the entire building.  Make sure to review the bill to understand the requirements for your specific facility.

    • By September 10, 2025, the Department of Health (DOH) will publish on its website guidance for developing and implementing water management programs.  This includes record-keeping requirements and best practices for periodic sampling and testing.
    • No later than September 10, 2026, building owners and operators must develop a water management program that is consistent with ASHRAE Standard 188-2018 or comparable accepted standards.
    • The procedures outlined in the water management program must be implemented by December 10, 2026.

     

    NJ Bill 2188 also provides requirements for periodic sampling and testing for Legionella and other bacteria.  All sampling and testing must be conducted in a manner that follows rules, regulations, and best practices from the Department of Health and ASHRAE Standard 188-2108.

    A request may be made by the Department of Community Affairs, the Department of Environmental Protection, the Department of Health, or any other department or agency with license or inspection authority for that facility or building.  Upon request, the owner or operator would need to make available the water management program and any related documentation on procedures and their implementation.

    Failure to comply with the requirements in this bill can result in varying fines, depending on the violation. 

    Have Questions About NJ Bill 2188?

    Contact Our Water Treatment Experts and We’ll Be Happy to Answer Any Questions You May Have!

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    What is a Water Management Program?

    Whether you are impacted by the new law or you want to follow best practices for keeping your water systems safe, it is important to understand what’s included in a water management program.  Check out our blog to learn about water management programs, what’s involved in creating one, and links to valuable resources. 

    Clarity Water Technologies' Water Treatment Services

    Clarity’s water treatment experts will design a custom water treatment program that utilizes the most innovative water treatment technology for a safe, effective solution.  Our approach starts with a full evaluation of your facility’s water systems to ensure the solution meets your specific needs.  Your custom program will save you more money than it costs by improving the efficiency of your system and lowering your water and energy usage.

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    Prevent growth of harmful bacteria, improve the efficiency of your cooling system, and keep the metal surfaces of your cooling towers, chillers, heat exchangers, and piping from corroding and developing scale. Our EcoSAFE cooling tower treatment can achieve a 75% reduction of carbon footprint over traditional technologies.

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    LEGIONELLA PREVENTION & REMEDIATION

    Undertreated water systems can breed harmful bacteria like Legionella.  Minimize your risks and liabilities with Clarity’s comprehensive Legionella services. We’ll develop a prevention plan, administer your water treatment, and provide emergency response services if there is ever an issue.

    CLOSED LOOP SYSTEMS

    Whether they distribute heated or chilled water, closed loop water systems require proper water treatment to operate effectively and prevent corrosion, scale, and microbiological growth.

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    BOILER WATER TREATMENT

    Protect your steam system from scale and corrosion, optimize boiler efficiency, and save on energy and water costs. Our eco-friendly EcoSHIELD chemistry, the most advanced boiler water treatment technology available, bonds with the metal surfaces of steam systems to form a protective barrier.

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