Bill requiring building owners to test for Legionella stalled in NYC Council despite deadly Harlem outbreak

A proposed New York City law that would require large building owners to regularly test for the presence of Legionella bacteria in their water systems — not just in cooling towers — has been stalled in the City Council for nearly two years while a recent Harlem outbreak has killed seven, The Post has learned.

The legislation, sponsored by Bronx Councilwoman Pierina Ana Sanchez, would require owners of large buildings that have multiple units or house people 65 and older to develop a water management and treatment system for Legionella or Legionnaires’ Disease.

“This most recent outbreak in Harlem [which sickened 114 people and killed 7] is a wake up call for New York. We need to do better to help protect the health of our citizens, especially the most vulnerable populations like the elderly and immunocompromised individuals,” said April McIver, executive director of The Plumbing Foundation.

But the bill — Intro. 434 — has been sitting in the Health Committee since January 2024, without a hearing called or a vote taken.

“At a minimum, building water systems or water devices shall be inspected and tested at least as frequently as every six months. Each inspection shall include an evaluation of the general condition of the components of the building water system or water device,” the text of the bill, supported by at least 23 council members, states.

Building owners must hire a qualified third-party water sampler to collect and test the water.

The contractor would send water samples to a lab to test for the presence of Legionella bacteria.

If the sample is positive for the deadly bacteria, the building owner is required to take prompt corrective actions and notify tenants and visitors immediately.

The Health Department can also investigate any building without prior notice to enforce the Legionella prevention provisions.

Under the bill, building owners face penalties of at least $500 for the first violation, $1,000 for the second violation and $5,000 for each subsequent violation.

The law would take effect 180 days after it becomes law.

Sanchez’s office declined a request for comment on why her bill hasn’t moved.

During a press briefing last Friday, First Deputy Mayor Randy Mastro said the Harlem outbreak showed the need for regulations even more stringent than New York’s current aggressive rules, which call for tests in cooling towers every 90 days.

“We’ve learned that acquiring parties to test on a 30-day cycle could be a very positive advance in the future,” he said.

But McKiver said, “The City’s laws do not address domestic/potable water systems, despite scientific
evidence that such systems are a major source of Legionella.”

She proposed amendments to strengthen the bill, which include more extensive instructions on water testing and monitoring that will be presented when there’s a hearing on the measure.