HF 2681

as introduced - 90th Legislature (2017 - 2018) Posted on 05/18/2017 09:37am

A bill for an act
relating to health; establishing water management practices to prevent waterborne
diseases; requiring investigations of cases of Legionnaires' disease; amending
Minnesota Statutes 2016, section 144.382, by adding subdivisions; proposing
coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 144.382, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Legionnaires' disease. new text end

new text begin "Legionnaires' disease" means a serious type of
pneumonia caused by exposure to legionella bacteria.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.382, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Potable water. new text end

new text begin "Potable water" has the meaning given in section 115.01,
subdivision 14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2016, section 144.382, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Public water distribution system. new text end

new text begin "Public water distribution system" means
an interconnected system of pipes, storage facilities, and other components that convey
potable water from a treatment plant or water source to consumers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 144.382, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Water supply system operator. new text end

new text begin "Water supply system operator" has the
meaning given in section 115.71, subdivision 10.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 144.382, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Waterborne disease. new text end

new text begin "Waterborne disease" means an acute infectious illness
epidemiologically associated with the aspiration or inhalation of water originating from a
public water distribution system that is deficient in treatment, as determined by the
commissioner of health or the community health board with jurisdiction over the public
water distribution system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 6.

new text begin [144.3845] WATER MANAGEMENT PRACTICES TO PREVENT
WATERBORNE DISEASES.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to public water distribution systems
that serve one or more counties, cities, towns, or other public authorities.
new text end

new text begin Subd. 2. new text end

new text begin Use of chlorine-based chemical disinfectant. new text end

new text begin A water supply system operator
for a public water distribution system that uses a chlorine-based chemical disinfectant
method of treatment must maintain chlorine at one of the following minimum concentrations
at the entry point of the public water distribution system and throughout the public water
distribution system:
new text end

new text begin (1) for water with a pH value lower than 7.0, the free chlorine residual must be at least
0.5 milligrams per liter;
new text end

new text begin (2) for water with a pH value equal to or above 7.0 but lower than 8.0, the free chlorine
residual must be at least 0.6 milligrams per liter;
new text end

new text begin (3) for water with a pH value equal to or above 8.0 but lower than 9.0, the free chlorine
residual must be at least 0.8 milligrams per liter; and
new text end

new text begin (4) for water with a pH value equal to or above 9.0, the free chlorine residual must be
at least 1.0 milligram per liter.
new text end

new text begin Subd. 3. new text end

new text begin Use of continuous chloramination method. new text end

new text begin A water supply system operator
for a public water distribution system that uses a continuous chloramination method of
treatment must maintain a minimum concentration of 0.5 milligrams per liter of chloramine,
measured as total chlorine, at the entry point of the public water distribution system and
throughout the public water distribution system.
new text end

new text begin Subd. 4. new text end

new text begin Monitoring. new text end

new text begin For a public water distribution system using a chlorine-based
chemical disinfectant, a water supply system operator must monitor the public water
distribution system to ensure that the free chlorine residual is detectable in a concentration
of at least 0.5 milligrams per liter based on pH value at all points throughout the public
water distribution system. For a public water distribution system using a continuous
chloramination method, a water supply system operator must monitor the public water
distribution system to ensure that the chloramine residual is detectable in a concentration
of at least 0.5 milligrams per liter measured as total chlorine at all points throughout the
public water distribution system.
new text end

new text begin Subd. 5. new text end

new text begin Notice to customers. new text end

new text begin (a) A water supply system operator for a public water
distribution system must notify customers who are served by the system and are in the
affected area of:
new text end

new text begin (1) disruptions in the public water distribution system that could result in legionella or
other waterborne disease-causing bacteria being present in potable water delivered for use
and consumption by humans;
new text end

new text begin (2) the presence of legionella or other waterborne disease-causing bacteria in the system;
or
new text end

new text begin (3) a Legionnaires' disease or other waterborne disease outbreak.
new text end

new text begin (b) Disruptions for which customer notice must be provided include but are not limited
to a water main break; construction taking place near the public water distribution system;
cleaning the public water distribution system; flooding or other rain events that affect water
quality or color; algae or bacterial blooms in the surface water supply; changes in water
disinfection chemistry or concentration; changes in the method of water filtration; changes
to the public water distribution system's piping; water pressure loss due to fire hydrant use,
mechanical failure, or electrical failure; an increase in the temperature of the water supply
above the average temperature; or any other event that may affect the ability of a public
water distribution system to provide safe potable water.
new text end

new text begin (c) Notice to customers in the affected area must be provided as soon as practical, but
no later than 24 hours after the water supply system operator is made aware of a disruption,
the presence of legionella or other waterborne disease-causing bacteria, or a Legionnaires'
disease or other waterborne disease outbreak in the area served by the system. The notice
provided must include information about the nature of the disruption, bacteria presence, or
disease; possible adverse health effects to at-risk populations; when the disruption is expected
to be resolved; and alternate sources of safe potable water.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 7.

new text begin [144.3847] LEGIONNAIRES' DISEASE INVESTIGATIONS.
new text end

new text begin The commissioner of health or a community health board with delegated authority under
section 145A.07 shall investigate all cases of Legionnaires' disease reported to the
commissioner according to Minnesota Rules, chapter 4605. When investigating a case of
Legionnaires' disease, the commissioner or community health board shall:
new text end

new text begin (1) utilize all of the investigative tools for single cases of Legionnaires' disease and for
clusters or outbreak cases of Legionnaires' disease developed by the federal Centers for
Disease Control and Prevention, in order to positively identify the source of legionella
bacteria that resulted in disease;
new text end

new text begin (2) sample and test potable water for the presence of legionella bacteria at all locations
where the individual diagnosed with Legionnaires' disease resided, frequently visited, or
was employed in the month prior to the individual's diagnosis; and
new text end

new text begin (3) utilize further testing to confirm the presence of legionella bacteria in any sources
in which the bacteria is detected through initial testing according to clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end