Congress remained in session through the end of 2023 and resumed in January with a busy schedule further complicated by election-year politics. Things are even busier in the states, with all but four legislatures meeting in 2024. With the start of the new year, The IAPMO Group’s Government Relations department has been preparing for upcoming congressional lobbying days and receptions, World Plumbing Day initiatives, and industry lobbying days held at state capitols.
In November, GSA published guidance titled “Public Buildings Service Scope of Work for Drinking Water Testing In GSA Federally Owned Facilities.” This new directive replaces one that was first printed in 2016. It also replaces the Facilities Management Alert (FM-FY23-02) – Avoiding Water Stagnation, which GSA developed in August 2023. ASSE was pleased that GSA chose to reference ASSE 12080 several times as well as IAPMO’s Tips and Recommendations for the Safe and Efficient Flushing of Plumbing Systems in Buildings. Of note, the guide states that “all contractors involved in the development of WMP must possess the ASSE 12080 Legionella Water Safety and Management Specialist Certification or its equivalent.”
In California, we successfully advocated for ASSE Series 5000 backflow prevention professional certification and ASSE backflow prevention product certification to be included in the draft Cross-Connection Control Policy Handbook, which will replace current Title 17 in accordance with Assembly Bill (AB) 1671. We continue to work with the State Water Board via a smaller task force to evaluate technical data in the handbook.
We also supported CA Senate Bill (SB) 1144, a water quality bill that includes reference to ASSE/IAPMO/ANSI Series 12000, Professional Qualifications Standard for Water Management and Infection Control Risk Assessment for Building Systems, specifically highlighting ASSE 12080 Legionella Water Safety and Management Personnel Certification to address the spread of Legionella within state-funded buildings and public schools. Unfortunately, the governor vetoed the bill.
Regarding water systems, one of our legislative focuses remains supporting and strengthening language that would establish precise and strict standards for mitigating lead in drinking water, with particular attention to preventing lead consumption at school water sources. CA AB 249 required the replacement of fixtures and the installation of water filtration systems should a school exceed 5ppb of lead in its drinking water.
The bill did not cite industry standards — a coalition of interested stakeholders submitted policy recommendations to reference those standards. That legislation was ultimately vetoed, but similar legislation was introduced at the start of this year. We have renewed efforts to work with a coalition of stakeholders to amend the bill so that it references the appropriate standards. Similar language has been proposed nationwide. Collaborating closely with our industry partners, we continue working to influence this legislation to strengthen its references to industry standards and processes. Specifically, on ASSE matters, we have provided policymakers in Arizona, Colorado, Hawaii, Michigan, Massachusetts, Nebraska, New York, and Pennsylvania with recommendations that improve well-intentioned legislation to effective law.
In Indiana, we submitted a letter of support concerning a Pleasant Hill nursing home case of Legionnaires’ disease and offered resources to elected officials through utilizing ASSE 12060 Water Quality Program and ASSE 12080-certified professionals in buildings.
In Iowa, there have been proposed rule changes to Iowa Administrative Code, Chapter 26, Backflow Prevention Assembly Tester Registration. We have provided recommendations to the changes.
In Nevada, AB 263 would require certain health care facilities to adopt a water management plan to minimize the risk of Legionnaires’ disease. The legislation would recognize ASSE/IAPMO/ANSI Series 12000 and require that the water management team hold ASSE 12080 certifications. The bill passed the Assembly and nearly cleared the Senate, but it ran out of time and failed to pass.
In New Jersey, SB 1006 on Legionella (and Assembly Companion Bill 2836), which would recognize the ASSE/IAPMO/ANSI Series 12000, passed out of the state Senate on Dec. 19 by a vote of 24-13, and has been sent to the Assembly for consideration. The bill was scheduled to be heard in an Assembly Committee on Jan. 5, but last minute opposition to the bill derailed the effort and the sponsor pulled the bill. Sen. Ruiz introduced the bill again in the new session of the Legislature that began Jan. 5. SB 2188 (and companion AB 1970) again references ASSE/IAPMO/ANSI Series 12000.
In Pennsylvania, SB 571 on Legionella mitigation was introduced May 17, 2023, but has not progressed. The bill includes ANSI/ASHRAE Standard 188, Legionellosis: Risk Management for Building Water Systems, but does not include ASSE/IAPMO/ANSI Standard 12080, Professional Qualifications Standard for Legionella Water Safety and Management Specialist. A letter was sent to the sponsor, committee chair, and other leadership encouraging the inclusion of the ASSE standard.
Our collaboration with partners in New Mexico has focused on promoting legislation to encourage the use of catchment systems by offering financial incentives. Our work with the bill sponsor ensured the bill referenced the ASSE 21000 series. Regrettably, due to the state’s brief session this legislative year, the bill will not be able to advance until the next session.
In Texas, legislation was proposed that would have prevented local jurisdictions from adopting the Uniform Plumbing Code (UPC®). Fortunately, due to the dedicated efforts of our industry partners, a House committee rejected the proposal, safeguarding the adoption of the UPC in the state. On the regulatory side, the Texas State Board of Plumbing Examiners voted to adopt ASSE 6010 for Medical Gas System Installers, effective from July 2023. On the local front, industry stakeholders worked to secure a vote from the Houston City Council to adopt the 2021 editions of the UPC and the Uniform Mechanical Code (UMC®). This measure passed late last fall and went into effect in January 2024.
