Lawmakers hear split testimony on House Bill 20 85 to curb Legionnaires; experts urge building‑level controls

The Consumer Protection, Technology & Utilities Committee heard hours of testimony on House Bill 20 85 on Wednesday as scientists, utilities and housing representatives debated how best to reduce Legionnaires’ disease in Pennsylvania.

"The bill gets right the requirement for high‑risk facilities to have a water management plan," said Dr. Haas, a Drexel University environmental engineering faculty member, arguing that Legionella proliferates inside building plumbing and that the law should emphasize property‑level water management rather than statewide increases in disinfectant levels.

The committee packet included state data presented by Christina Zwilenek of the Pennsylvania Department of Health, who said the Commonwealth recorded 1,231 confirmed or probable Legionella infections from 2021–2023 — about 410 cases a year — and that Pennsylvania’s annual rate is nearly double the national average reported by the Centers for Disease Control and Prevention. Zwilenek told lawmakers provisional counts were 337 cases in 2024 and 450 in 2025, and she warned that some elements of HB 20 85 would require more DOH staffing to implement.

Public‑water suppliers and their trade groups urged caution about imposing new statutory treatment or disinfectant mandates. Charlotte Katzenmoyer, chief executive officer of Capital Region Water, said utilities lack legal authority to enter private buildings or manage cooling towers and that a better approach is to support building‑level programs, technical guidance and funding. "This is the model Pennsylvania should follow and aligns responsibility with control," she said.

Dr. Christopher Crockett of Essential Utilities and Ben Jewell, commissioner of the Philadelphia Water Department, told the committee that prescribing fixed disinfectant residuals in statute risks regulatory conflict, potential water‑quality side effects and large costs. Crockett said the current regulatory target of 0.2 milligrams per liter for many systems is supported by the scientific literature; the bill’s proposed changes — which would require some systems to hold higher residuals, including higher chloramine targets — could force utilities to build booster stations and raise customer bills. Jewell estimated Philadelphia would need multiple booster stations and said rate increases could follow if costs were recovered through the rate‑setting process.

Housing representatives and building‑system experts urged measures targeted to higher‑risk facilities and protections for owners who adopt recognized standards. Steven Chintzeman of the Pennsylvania Apartment Association urged a statutory safe harbor for property owners who implement ASHRAE‑compliant water‑management programs and recommended model plans, clear sampling standards and phased enforcement to limit costs and liability for multifamily owners.

Several public‑health witnesses and engineers urged a "source‑to‑tap" prevention strategy that combines distribution‑system monitoring and building water management. Bill McQuade, a past president of ASHRAE, said widely used consensus standards such as ASHRAE 188 and ASHRAE guidance provide an established framework for building owners to identify risk, monitor controls and take corrective action. Clean Water Action’s Pennsylvania campaigns director, Steve Hosdovich, highlighted recent heat‑wave measurements and warned that warmer water temperatures can increase Legionella growth in both distribution systems and premise plumbing.

Lawmakers pressed witnesses on whether outbreaks are usually linked to single facilities or to broader distribution issues; witnesses said many investigations find single‑facility sources (for example, cooling towers) but that distribution conditions and disruptions can increase downstream risk. Committee members also questioned whether rising case counts in Pennsylvania reflect more testing and reporting, population changes, infrastructure age or climate factors; panelists said all of those may play a role.

Sponsor Representative Izzy Smith Wadell, who introduced the bill, closed the hearing by stressing concerns for vulnerable populations, including people who are incarcerated. She said she would continue consultations with stakeholders and staff as the bill is refined.

The committee took no formal votes at the hearing and adjourned after receiving written testimony for the record from multiple agencies and experts. Further legislative work and follow‑up briefings were expected before the measure advances.