The ASSE/IAPMO Government Relations team has had an active few months, navigating a complex legislative landscape and adapting to various policy changes across the United States. As of now, most state legislative bodies have adjourned for the year. Only about 12 state legislatures are still in session or are in special session, with several of these about to close for the year. Last year state legislatures introduced more than 132,600 bills and enacted over 30,800. Compare that to Congress, which introduced 10,300 bills and only enacted 77 of them! This year’s policymaking in Washington, D.C., is influenced heavily by the upcoming presidential election in November.
FEDERAL DEVELOPMENTS
In May, the U.S. General Services Administration (GSA) issued the final version of its updated building code, P-100, which governs non-defense related buildings and infrastructure. This revision marks a significant development, as it now incorporates the International Association of Plumbing and Mechanical Officials’ (IAPMO) Uniform Plumbing Code (UPC®) along with integrated references to ASSE International standards. Of particular note, GSA now mandates that contractors engaged in water management practices possess the ASSE 12080 Legionella Water Safety and Management Specialist Certification or an equivalent credential. Additionally, the updated code requires the application of ARCSA standards for rainwater and stormwater catchment systems. ASSE International has been advocating for further enhancements, specifically proposing that those developing water management programs also hold ASSE 12060 Water Quality certifications. GSA has suggested that these policies may undergo further updates later this year. Additionally, the updated GSA building code now requires the application of ARCSA standards for rainwater and stormwater catchment systems.
Farther down the National Mall, the U.S. Environmental Protection Agency (EPA), in collaboration with IAPMO and ARCSA, has initiated a new campaign aimed at promoting rainwater catchment systems. This move underscores a growing federal commitment to sustainable water management practices.
STATE-LEVEL HIGHLIGHTS
California has been particularly active on the legislative front. The inclusion of ASSE Series 5000, Cross-Connection Control Professional Qualifications Standard, and ASSE product certification in the draft Cross-Connection Control Policy Handbook, set to replace Title 17 under AB 1671, marks a notable achievement. However, the proposed SB 1144, which would have referenced ASSE Series 12000, Professional Qualifications Standard for Water Management and Infection Control Risk Assessment for Building Systems, for Legionella management in state-funded buildings and schools, was vetoed by the governor due to financial concerns. Similarly, AB 249, which sought to establish stricter lead standards in school drinking water, was also vetoed because of funding issues, despite strong policy recommendations from stakeholders. On a positive note, AB 1851 introduces a pilot program for testing potable water systems in schools and mandates third-party certification for water filtration systems, representing progress in addressing lead contamination.
In Colorado, new drinking water regulations went into effect earlier this year. These regulations emphasize third party certification, though they stop short of specifying standards for water filters. Additionally, Colorado passed legislation extending the functions of its plumbing board through 2032, maintaining references to ASSE Series 6000, Professional Qualifications Standard for Medical Gas Systems Personnel, for medical gas installations and requiring licensed plumbers for backflow prevention device work.
However, state regulators have imposed a moratorium until April 2025 on the requirement that only licensed plumbers test and inspect backflow prevention devices. It is possible that the legislature may reconsider and reverse this requirement during the 2025 legislative session.
In Iowa, proposed changes to Chapter 26, Backflow Prevention Assembly Tester Registration, are under review, with ASSE actively providing recommendations.
Nevada introduced AB 263, a bill intended to mandate water management plans in health care facilities to combat Legionnaires’ disease and recognize ASSE Series 12000. While the bill passed the Assembly, it did not progress through the Senate before the session ended.
New Jersey saw the reintroduction of state Sen. Teresa Ruiz’s Legionella bill (SB 2165/AB 521), which previously included references to ASSE 12000. Although these references were removed, efforts to reinstate them are ongoing.
In New Mexico, HB 291 aimed to promote rainwater harvesting systems through tax incentives and sought to reference the ASSE Series 21000, Professional Qualifications Standard for Rainwater Catchment Systems Personnel. However, the bill did not advance due to the short legislative session.
North Carolina dealt with controversy surrounding NC House Bill 166, which sought to limit local governments’ ability to enforce stringent backflow prevention measures. While the bill was set aside, similar language reappeared in NC House Bill 385, which faces opposition from various stakeholders.
Pennsylvania is reviewing two significant bills related to Legionella mitigation: SB 571, which includes ANSI/ASHRAE Standard 188 but omits ASSE Standard 12080, Professional Qualification Standard for Legionella Water Safety and Management Specialist, and HB 2145, which proposes the mandatory use of water filters for Legionella mitigation. Advocacy efforts to incorporate ASSE standards and specify filter requirements are ongoing.
In Texas, a legislative effort to replace the UPC with the International Plumbing Code was unsuccessful, and the Houston City Council adopted the 2021 editions of the UPC and Uniform Mechanical Code (UMC®), effective Jan. 2, 2024.
These developments reflect the ongoing efforts and challenges in advancing plumbing and water safety standards nationwide. As legislative sessions conclude and the political landscape continues to evolve, the ASSE/IAPMO Government Relations team remains committed to advocating for strong water management and safety practices.
