S 10719: Creates a temporary commission to study and make recommendations concerning the incidence of Legionnaires' Disease caused by cooling towers in New York city; provides for the repeal of such provisions upon the expiration thereof.

  
  STATE OF NEW YORK ________________________________________________________________________ 10719  IN SENATE October 7, 2026 ___________ Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to create a temporary state commission to study and make recom- mendations concerning the incidence of Legionnaires' Disease caused by cooling towers in New York city; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. A temporary state commission is hereby created to study and 2 make recommendations relating to the incidence of Legionnaires' Disease 3 caused by cooling towers in the city of New York. The commission will 4 place particular emphasis on studying cooling towers to determine why 5 and where they are susceptible to Legionella bacteria growth. 6 § 2. 1. The commission shall consist of 11 members to be appointed as 7 follows: 8 a. 5 members shall be appointed by the governor; 9 b. 2 members shall be appointed by the temporary president of the 10 senate; 11 c. 1 member shall be appointed by the minority leader of the senate; 12 d. 2 members shall be appointed by the speaker of the assembly; and 13 e. 1 member shall be appointed by the minority leader of the assembly. 14 2. The members of the commission shall serve at the pleasure of the 15 official making the appointment of such member. Of the 5 members 16 appointed by the governor, 2 shall be from the department of health. The 17 remaining 9 members of the commission must reside in a city with a popu- 18 lation of one million or more. 19 3. Vacancies in the membership of the commission shall be filled in 20 the manner provided for original appointments. Membership on the commis- 21 sion shall not constitute a public office. 22 4. A chairperson and vice-chairperson of the commission shall be 23 elected by a majority of its members, all members being present. 24 5. The members of the commission shall receive no compensation for 25 their services, but shall be allowed their actual and necessary expenses 26 incurred in the performance of their duties pursuant to this act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16375-02-6 
 S. 10719 2 1 6. Members shall be appointed within 60 days of the effective date of 2 this act. Vacancies shall be filled in the same manner as original 3 appointments within 30 days of the occurrence of such vacancy. 4 7. A majority of the voting members of the commission shall constitute 5 a quorum for the transaction of business. The commission shall meet at 6 least quarterly and at such other times as the chair shall determine. 7 8. The department of health shall determine and provide staff support 8 to the commission and shall be responsible for administrative coordi- 9 nation of commission activities. 10 § 3. The commission may meet within and without the state, shall hold 11 at least one public hearing each quarter, and shall have all the powers 12 of a legislative committee pursuant to the legislative law. 13 § 4. The commission shall make a report of its findings and make any 14 recommendations it may deem necessary and appropriate, including recom- 15 mendations concerning design improvements and regulatory improvements to 16 cooling tower design that would limit the growth of Legionella bacteria, 17 to the governor, the temporary president of the senate, the speaker of 18 the assembly, and the Commissioner of the Department of Health no later 19 than one year after the effective date of this act. The commission shall 20 be disbanded one year after delivery of the report. 21 § 5. This act shall take effect immediately and shall expire and be 22 repealed one year after delivery of the commission's report as provided 23 in section four of this act.