Erin Brockovich, a well-respected environmental activist, recently posted an editorial in the Trentonian Newspaper on recent legislation to advance protection from exposure to legionella.
We have modified the article in a question/answer format to emphasize the pertinent points made by Ms. Brockovich.
Q: What recent action has New Jersey taken to address Legionnaires’ disease (LD)?
A: New Jersey has enacted groundbreaking “source-to-tap” legislation to prevent Legionnaires’ disease, a major step following years of LD cases, mismanagement, and the discovery of legionella bacteria in half of the homes tested in the Trenton Water Works (TWW) system. Governor Phil Murphy signed this historic law in September, targeting the root causes of LD.
Q: Why is this legislation so important?
A: It tackles LD at its source—drinking water in community systems. By addressing how water is managed from the source all the way to the tap, it aims to significantly reduce the presence of the legionella bacteria that causes LD.
Q: What exactly is Legionnaires’ disease, and who is most at risk?
A: Legionnaires’ disease is a severe form of pneumonia. It can be deadly for 1 in 10 people who contract it. Those most at risk include the elderly, immunocompromised individuals, people with respiratory conditions, and smokers. The disease spreads through inhalation or aspiration of water containing legionella bacteria—like when water accidentally goes down the wrong pipe.
Q: What are some key components of New Jersey’s new law?
A: The law includes several critical measures:
- The NJ Health Department must investigate all LD cases (not just outbreaks), including home testing.
- A public database will be created to show general locations of LD cases, in a HIPAA-compliant way.
- Water utilities must:
- Maintain proper chlorine levels throughout the water system.
- Notify the public of water system disruptions that could elevate LD risks (like construction or flooding).
- Provide mitigation guidance to residents after such events.
- Certain buildings must adhere to ASHRAE Standard 188, a national building water management protocol.
- A public education campaign will be launched to raise awareness.
Q: How does New Jersey’s approach differ from New York’s?
A: New Jersey’s law takes a comprehensive approach—addressing the entire water system. In contrast, after a deadly LD outbreak in 2016, New York implemented narrow regulations focused only on healthcare facilities and equipment. New York City also enacted a limited law targeting cooling towers. These measures have largely failed to reduce LD rates.
Q: Has New York’s approach worked?
A: No. New York still has the highest rates of Legionnaires’ disease in the country. Cases persist in public housing and vulnerable populations, including recent deaths in a senior facility near the state capitol. A federal building in Manhattan even had legionella in 12 different locations.
Q: Why hasn’t New York addressed the role of its water system in LD cases?
A: New York is one of the last localities in the U.S. to have a filtration waiver from the EPA, meaning it isn’t required to filter all its water sources. A key condition of this waiver is that the system cannot be the source of a disease outbreak. This creates a strong incentive for authorities to focus blame on buildings and equipment instead of the water system itself.
Q: What’s the takeaway message for other states?
A: It’s time to follow New Jersey’s lead. Legionnaires’ disease is preventable. Addressing water system management holistically—from source to tap—is not only possible, it’s necessary. With strong leadership and public support, we can make safe water a reality in 2025, not just a talking point.
[Photo by Gage Skidmore: Erin Brockovich speaking at the 2016 Arizona Ultimate Women’s Expo at the Phoenix Convention Center in Phoenix, Arizona.]
