NYC Council approves bill to boost testing for Legionnaires’ disease in cooling towers

On Thursday, the City Council enacted new legislation to enhance the testing protocols for building cooling towers amid concerns about Legionnaires’ Disease. This decision follows a significant outbreak in Harlem during the summer that resulted in 114 illnesses, 90 hospitalizations, and 7 fatalities.

Called Intro 1390-A, the new measure mandates building owners to conduct tests for Legionella microbes at least once a month during the warmer months when cooling towers are operational.

Additionally, the bill stipulates that all testing must be carried out by or under the guidance of a “qualified” professional to guarantee credibility and thoroughness.

Suspected sources of the outbreak included cooling towers at Harlem Hospital and another construction site at 40 W. 137th St., soon to house the city Public Health Lab, raising serious concerns for city officials.

Legal actions claiming negligence have already been filed against city agencies and construction companies overseeing the cooling towers, supported by civil rights attorney Ben Crump and Rev. Al Sharpton from the National Action Network.

“Legionnaires is preventable. We have an obligation to ensure our city implements every protective measure possible,” stated Lynn Schulman, the Health Committee chairperson before the vote took place.

“With this legislation, building owners will have to conduct monthly testing of their cooling towers while they are active, all of which must be managed or conducted by qualified professionals to ensure adherence and precision.”

“The recent Legionnaires outbreak in Harlem serves as a stark reminder of how swiftly legionella bacteria can proliferate without proper inspection or upkeep of cooling towers.”

The new bill aligns with updates proposed by Mayor Eric Adams and acting Health Commissioner Dr. Michelle Morse.

These revisions require building owners to check for Legionella at least once every 30 days during cooling tower usage, replacing the former 90-day interval.

The health department has also increased its recruitment of inspectors to oversee cooling towers and plumbing systems following a decline in staff numbers in previous years.

A broader proposal that would mandate Legionella testing in water systems—beyond just cooling towers—was not addressed by the Council.