Requires biannual certification of cooling towers, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9058--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced by M. of A. WRIGHT -- read once and referred to the Committee
   on Cities -- recommitted to the Committee on Cities in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to requiring biannual certification of cooling towers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 28-317.5 of the administrative code of the city of
 New York, as amended by section 3 of part A of local law number  126  of
 the city of New York for the year 2021, is amended to read as follows:
   § 28-317.5 [Annual] BIANNUAL certification. The owner or operator of a
 cooling  tower shall file [an annual] A BIANNUAL certification that such
 cooling tower was inspected, tested, cleaned and disinfected in  compli-
 ance with section 17-194.1 of [the administrative code] THIS CHAPTER and
 the  rules  of  the  department of health and mental hygiene, and that a
 maintenance program and plan  has  been  developed  and  implemented  as
 required by such section. Such BIANNUAL certification shall be submitted
 [by  November  first]  IN  JANUARY AND JULY of each year, or by [a date]
 DATES otherwise specified in the rules of the  department.  [Consecutive
 annual  certifications  shall  be submitted at least 90 days apart.] The
 department of health and mental hygiene shall send an electronic remind-
 er to each owner or operator of a cooling tower at least 30 days  before
 [such]  EACH certification submission deadline. Such electronic reminder
 shall include a link to the website where such  [certification]  CERTIF-
 ICATIONS may be submitted.
   §  2.  Subparagraphs  (a)  and (b) of paragraph 2 of subdivision e and
 paragraph 1 of subdivision h of section 17-194.1 of  the  administrative
 code  of  the city of New York, subparagraphs (a) and (b) of paragraph 2
 of subdivision e as added by local law number 77 of the city of New York
 for the year 2019 and paragraph 1 of subdivision h as amended  by  local
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13604-06-6
 A. 9058--A                          2
 
 law  number 76 of the city of New York for the year 2019, are amended to
 read as follows:
   (a)  Where  the  results  of any such test indicate levels of microbes
 that are indicative of a maintenance  deficiency  requiring  mitigation,
 including  but  not  limited  to maintenance to prevent potential health
 risks, the owner of the building that  has  such  cooling  tower  shall,
 [within]  AS  SOON  AS  POSSIBLE,  BUT NO LATER THAN 48 hours after such
 owner knows or reasonably should know of such results, clean and  disin-
 fect the cooling tower in accordance with the rules of the department.
   (b)  Where  the  results  of any such test indicate levels of microbes
 that present a serious health threat, the owner of the building that has
 such cooling tower shall, [within] AS SOON AS  POSSIBLE,  BUT  NO  LATER
 THAN  24  hours after such owner knows or reasonably should know of such
 results, (i) notify the department and  (ii)  clean  and  disinfect  the
 cooling  tower,  including  an  additional  application  of  biocide, in
 accordance with the rules of the department.
   1. An owner shall keep and maintain records  of  all  inspections  and
 tests performed pursuant to this section for at least [three] TEN years.
 An  owner  shall  maintain  a  copy  of the maintenance program and plan
 required by subdivision c of this section on the premises where a  cool-
 ing  tower  is located. Such records and plan shall be made available to
 the department immediately upon request.
   § 3. Subparagraphs (a) and (b) of paragraph 2 of subdivision e,  para-
 graph 1 of subdivision h and subparagraph (i) of paragraph 2 of subdivi-
 sion i of section 17-194.1 of the administrative code of the city of New
 York,  subparagraphs  (a)  and  (b)  of paragraph 2 of subdivision e and
 paragraph 1 of subdivision h as amended by local law number 159  of  the
 city  of  New York for the year 2025 and subparagraph (i) of paragraph 2
 of subdivision i as added by local law number 77 of the city of New York
 for the year 2015, are amended to read as follows:
   (a) Where the results of any such test  indicate  levels  of  microbes
 that  are  indicative  of a maintenance deficiency requiring mitigation,
 including but not limited to maintenance  to  prevent  potential  health
 risks,  the  owner  of  the  building that has such cooling tower shall,
 [within] AS SOON AS POSSIBLE, BUT NO LATER  THAN  48  hours  after  such
 owner  knows or reasonably should know of such results, clean and disin-
 fect the cooling tower in accordance with the rules of the department.
   (b) Where the results of any such test  indicate  levels  of  microbes
 that present a serious health threat, the owner of the building that has
 such  cooling  tower  shall,  [within] AS SOON AS POSSIBLE, BUT NO LATER
 THAN 24 hours after such owner knows or reasonably should know  of  such
 results,  (i)  notify  the  department  and (ii) clean and disinfect the
 cooling tower,  including  an  additional  application  of  biocide,  in
 accordance with the rules of the department.
   1.  An  owner  shall  keep and maintain records of all inspections and
 tests performed pursuant to this section for at least [three] TEN years.
 An owner shall maintain a copy  of  the  maintenance  program  and  plan
 required  by subdivision c of this section on the premises where a cool-
 ing tower is located. Such records and plan shall be made  available  to
 the department immediately upon request.
   (i) Any owner of a building who violates any provision of this section
 or  any  of the rules promulgated thereunder shall be liable for a civil
 penalty of not more than [$2,000] $2,500 for a first violation, and  not
 more  than  [$5,000] $7,000 for a second or subsequent violation, except
 that such owner shall be liable for a penalty of not more than [$10,000]
 A. 9058--A                          3
 
 $12,500 for any violation that is accompanied by or results in a fatali-
 ty or serious injury.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the  amendments  to  subpara-
 graphs  (a)  and (b) of paragraph 2 of subdivision e of section 17-194.1
 of the administrative code of the city of New York made by  section  two
 of  this  act shall take effect on the thirtieth day after it shall have
 become a law; and provided, further, that if local law number 159 of the
 city of New York for the year 2025 shall not have  taken  effect  on  or
 before  such  date  then  the amendments to subparagraphs (a) and (b) of
 paragraph 2 of subdivision e,  and  paragraph  1  of  subdivision  h  of
 section 17-194.1 of the administrative code of the city of New York made
 by  section  three of this act shall take effect on the same date and in
 the same manner as such local law of the city of New York for  the  year
 2025 takes effect. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and completed on or before such effective date.