Florida Senate - 2020 SB 1190 By Senator Gruters 23-00188-20 20201190__ 1 A bill to be entitled 2 An act relating to cooling towers; providing a 3 directive to the Division of Law Revision; creating s. 4 386.301, F.S.; providing legislative intent; creating 5 s. 386.302, F.S.; defining terms; creating s. 386.303, 6 F.S.; requiring that owners of cooling towers register 7 them with the Department of Health; requiring the 8 department to create a statewide electronic system for 9 such registrations; providing minimum requirements for 10 the registration system; requiring that owners of 11 cooling towers report specified information regarding 12 the towers to the department, beginning on a specified 13 date; providing department responsibilities regarding 14 the registration system; requiring that owners of 15 cooling towers maintain certain cooling tower records 16 for a specified timeframe; requiring that a copy of 17 the cooling tower’s maintenance program and plan be 18 kept on the cooling tower premises; creating s. 19 386.304, F.S.; requiring that owners of cooling towers 20 obtain or update a maintenance program and plan for 21 existing and newly installed cooling towers, by a 22 specified date; providing requirements for the 23 maintenance program and plans; creating s. 386.305, 24 F.S.; requiring that certain culture analyses be 25 conducted by certified environmental laboratories; 26 providing requirements for interpreting the results of 27 such analyses; creating s. 386.306, F.S.; requiring 28 that owners of cooling towers provide notification to 29 the county health department and the public within a 30 specified timeframe under specified circumstances; 31 requiring county health departments to provide certain 32 notification to the department; requiring the county 33 health department or, at its discretion, the 34 department to determine the method of certain 35 notifications; creating s. 386.307, F.S.; providing 36 cooling tower disinfection standards; requiring that 37 the person conducting the disinfection meet certain 38 qualifications; specifying the types of products that 39 may be used during a disinfection; providing cooling 40 tower efficiency standards; creating s. 386.308, F.S.; 41 requiring that owners of cooling towers have their 42 cooling towers inspected before initial startup and, 43 thereafter, at specified intervals; providing 44 inspection requirements; requiring that persons 45 conducting inspections report deficiencies to the 46 owner for corrective action; requiring initial and 47 annual certification of cooling towers by a specified 48 date; providing requirements for certification; 49 requiring that all inspection findings, deficiencies, 50 corrective actions, and certifications be reported to 51 the department and maintained by the owner; creating 52 s. 386.309, F.S.; authorizing the department or a 53 county health department to require an owner to 54 conduct a Legionella culture sampling and analysis 55 under certain circumstances; authorizing an officer, 56 employee, or agent of the department or county health 57 department to enter a property to inspect a cooling 58 tower; specifying that certain actions by the owner of 59 a cooling tower may constitute a nuisance; providing 60 for civil and criminal penalties; requiring the State 61 Surgeon General to submit a report to the Legislature 62 by a specified date; providing requirements for the 63 report; creating s. 386.3101, F.S.; authorizing county 64 health departments or the department to issue waivers 65 if the waiver does not present a danger to the public 66 health; providing requirements for the waivers; 67 authorizing county health departments to issue 68 variances under certain circumstances for a specified 69 period of time; providing for severability; providing 70 an effective date. 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. The Division of Law Revision is directed to 75 create part III of chapter 386, Florida Statutes, consisting of 76 ss. 386.301-386.3101, Florida Statutes, to be entitled “Cooling 77 Towers.” 78 Section 2. Section 386.301, Florida Statutes, is created to 79 read: 80 386.301 Legislative intent.—The purpose of this part is to 81 protect people from the health hazards of Legionella, a 82 bacterium that is known to originate in improperly sanitized 83 cooling towers. 84 Section 3. Section 386.302, Florida Statutes, is created to 85 read: 86 386.302 Definitions.—As used in this part, the term: 87 (1) “Bacteriological culture sampling and analysis” means 88 the collection of a water sample for the purpose of measuring 89 the live culture growth of aerobic bacterial populations using 90 heterotrophic plate count, dip slides, or a similar method 91 employed by the industry in accordance with the manufacturer’s 92 directions for use. 93 (2) “Building,” unless otherwise expressly indicated by the 94 text, means all or part of a structure, premises, or lot which 95 is used or is intended to support or shelter a use or occupancy. 96 (3) “Cleaning” means physical, mechanical, or other removal 97 of biofilm, scale, debris, rust, other corrosion products, 98 sludge, algae, and other potential sources of contamination. 99 (4) “Compliance inspection” means the inspection, testing, 100 and other activities that are required on a regular basis in 101 accordance with s. 386.308. 102 (5) “Cooling tower” means an evaporative condenser, a fluid 103 cooler, or another wet cooling device that is capable of 104 aerosolizing water; that contains or is part of a recirculated 105 water system; and that is incorporated into a building’s cooling 106 process, industrial process, refrigeration system, or energy 107 production system. 108 (6) “Cooling tower cells” means the smallest subdivisions 109 of a tower which can function independently with regard to air 110 and water flow. Each cell may have one or more fans and one or 111 more distribution systems. 112 (7) “Cooling tower water system” means one or more cooling 113 towers and all of the recirculating water system components, 114 process instruments, and appurtenances through which water flows 115 or comes into contact with chemical applicators, valves, pumps, 116 condensers, heat exchangers, and other related components. 117 (8) “Corrective action” means disinfection, cleaning, 118 flushing, and other activities to remedy biofilm growth, 119 Legionella proliferation, or other system mechanical problems 120 identified through monitoring, inspections, or other means, as 121 determined by the department. 122 (9) “Cycles of concentration” means the ratio of make-up 123 water volume to blowdown water volume which may be approximated 124 from the ratio of the conductivity of the blowdown water to the 125 conductivity of the make-up water. 126 (10) “Department” means the Department of Health. 127 (11) “Dip slide” means a method to test for microorganisms 128 which consists of a sterile culture medium affixed to a sterile 129 slide that is dipped directly into the sampled liquid. 130 (12) “Disinfection” means the use of one or more biocides 131 at a defined concentration, under specified conditions, for an 132 established period of time to kill or inactivate pathogenic 133 microorganisms. The term does not include the cleaning of a 134 cooling tower through the application of detergents, penetrants, 135 brushes or other tools, highly pressurized water, or any other 136 method that does not involve the use of a pesticide or economic 137 poison, as defined in s. 482.021(23); the use of a pesticide, as 138 defined in s. 487.021(49); or the use of a restricted-use 139 pesticide, as defined in s. 487.021(58). 140 (13) “Drift eliminator” means a system of baffles that 141 causes separation of entrained water designed to remove aerosols 142 from cooling tower exhaust. 143 (14) “Heterotrophic plate count” means a measure of the 144 concentration of microorganisms that require an external source 145 of organic carbon for growth, including bacteria, yeasts, and 146 mold, in water samples. 147 (15) “Legionella” means the genus of bacteria that is 148 ubiquitous in aqueous environments, including the recirculated 149 water of cooling tower water systems that are not properly or 150 regularly maintained. 151 (16) “Legionella culture sampling and analysis” means the 152 collection of a water sample for the measurement of the live 153 culture of Legionella involving the use of specialized media and 154 laboratory methods for growth to determine the species and 155 serogroup. 156 (17) “Maintenance program and plan” means a written 157 document, developed by a qualified person, which specifies 158 required monitoring, cleaning, disinfection, and other practices 159 for the prevention and control of Legionella growth in a cooling 160 tower water system, and is in accordance with sections 5, 6, and 161 7.2 of ANSI/ASHRAE Standard 188-2018, Legionellosis: Risk 162 Management for Building Water Systems and the manufacturer’s 163 instructions. 164 (18) “Owner” means all of the following: 165 (a) A person, agent, firm, partnership, corporation, or 166 other legal entity that has a legal or equitable interest in, or 167 control of, a cooling tower or the premises of the cooling 168 tower. 169 (b) The legal owner of the building. 170 (c) A tenant, if the tenant: 171 1. Owns a cooling tower that services the tenant’s leased 172 premises; or 173 2. Does not own the cooling tower but has a lease or 174 contractual arrangement to maintain the cooling tower. 175 (19) “Qualified person” means a professional engineer 176 licensed and registered in this state; a certified industrial 177 hygienist; a certified water technologist; a professional with 178 training and experience in developing management plans and 179 performing inspections in accordance with industry protocols, 180 including, but not limited to, NSF Protocol 453-2017: Cooling 181 Towers – Treatment, Operation, and Maintenance to Prevent 182 Legionellosis; or an environmental consultant who has at least 2 183 years of operational experience in water management planning and 184 operation. 185 Section 4. Section 386.303, Florida Statutes, is created to 186 read: 187 386.303 Registration; reporting; recordkeeping.— 188 (1) REGISTRATION.—Before initial operation, and upon any 189 change in ownership, the owner of a cooling tower shall register 190 each of his or her cooling tower water systems with the 191 department using a statewide electronic system designated by the 192 department. The registration system must require, at a minimum, 193 all of the following information: 194 (a) The street address of the building at which the cooling 195 tower is located. 196 (b) The name, address, telephone number, and e-mail address 197 of each cooling tower owner. 198 (c) The total number of cooling towers in the system. 199 (d) The name of the manufacturer of the cooling tower. 200 (e) The model number of the cooling tower. 201 (f) The specific unit serial number of the cooling tower, 202 if available. 203 (g) The cooling capacity of the cooling tower. 204 (h) The cooling tower water system volume, inclusive of any 205 piping, basin, or sump. 206 (i) The intended use of the cooling tower. 207 (j) Whether systematic disinfection in accordance with s. 208 386.307 is maintained, manually, through timed injection, or 209 through continuous delivery. 210 (k) Whether maintenance is performed by an employee, a 211 contractor, or another party. 212 (l) The year the cooling tower was placed into service. 213 (2) REPORTING.— 214 (a) Beginning July 1, 2020, a cooling tower owner shall 215 report through the statewide electronic system all of the 216 following information to the department at least every 90 days 217 while the cooling tower is in use: 218 1. The date of the last bacteriological culture sample 219 collection, the results of the analysis, and the designated due 220 date of any remedial action that is required pursuant to s. 221 386.304(2)(a). 222 2. The date of the last Legionella culture sample 223 collection, the results of the sample analysis, and the date 224 that any remedial action was taken as required by s. 225 386.304(2)(b)-(e). 226 3. The date of the last compliance inspection performed 227 pursuant to s. 386.308 and the resulting standardized inspection 228 report. 229 4. The date of the lowest daily cycles of concentration 230 recorded, and the target number of cycles. 231 5. The average daily make-up water volume and blowdown 232 water volume. 233 6. The percentage of make-up water that is delivered to the 234 cooling tower versus the blowdown water volume. 235 7. The date of most recent certification pursuant to s. 236 386.308. 237 8. The date of removal or permanent discontinuation of use 238 of the cooling tower, if applicable. 239 9. Any other information deemed necessary by the 240 department. 241 (b) If a landlord and a tenant are considered to be owners 242 of a cooling tower, as defined in s. 386.302, only one of the 243 parties is required to register the cooling tower. However, both 244 parties are responsible for ensuring that registration and 245 reporting are completed as required by this part. 246 (3) STATEWIDE SYSTEM.— 247 (a) The department shall make the data in the statewide 248 electronic system: 249 1. Publicly available, as appropriate. 250 2. Fully accessible to and searchable by county health 251 departments. 252 (b) This part does not prohibit a county health department 253 from requiring registration with and reporting to a county 254 system or collecting fees associated with the administration of 255 such a system. 256 (c) The department shall provide owners with a mobile data 257 collection platform that is compatible with Android and Apple 258 devices and that electronically collects, and allows owners to 259 electronically submit, the information required by this part. 260 (4) RECORDKEEPING.—A cooling tower owner shall: 261 (a) Maintain for at least 3 years all of the following 262 records: 263 1. Required sampling and analyses. 264 2. Disinfection schedules and applications. 265 3. Inspection findings, deficiencies, and corrective 266 actions. 267 4. Required certifications. 268 (b) Maintain on the premises of the cooling tower a copy of 269 the current maintenance program and plan required by this part. 270 (c) Make the records and plan required under this 271 subsection immediately available to the department or county 272 health department upon request. 273 Section 5. Section 386.304, Florida Statutes, is created to 274 read: 275 386.304 Maintenance program and plan.— 276 (1) The owner of a cooling tower shall: 277 (a) By September 1, 2020, develop or update a maintenance 278 program and plan for each existing cooling tower which must be 279 consistent with section 7.2 of ANSI/ASHRAE Standard 188-2018, 280 Legionellosis: Risk Management for Building Water Systems. 281 (b) After September 1, 2020, maintain such a maintenance 282 program and plan for each newly installed cooling tower. 283 (2) The maintenance program and plan must include all of 284 the following elements: 285 (a) A schedule for routine bacteriological culture sampling 286 and analysis to assess microbiological activity. The sampling 287 and analysis must be conducted at intervals of not more than 7 288 days while the cooling tower is in use and must require 289 additional bacteriological culture sampling and analysis, as 290 needed, to validate process adjustments. 291 (b) A schedule for routine Legionella culture sampling and 292 analysis within 14 days after startup and, thereafter, while the 293 cooling tower is in use, at monthly intervals. Cooling towers in 294 use year-round must conduct sampling and analysis at intervals 295 of not more than 30 days and within 2 weeks after startup 296 following maintenance. 297 (c) A procedure for achieving water efficiency by 298 maintaining a minimum of eight cycles of concentration using 299 automatic conductivity control or for estimating the percentage 300 of water savings through the installation of water meters on 301 make-up and blowdown lines. 302 (d) A requirement that, in addition to development of the 303 routine Legionella culture sampling and analysis schedule 304 required by paragraph (b), immediate Legionella culture sampling 305 and analysis be conducted in the event of any of the following: 306 1. A mechanical breakdown of the cooling tower water system 307 for more than 72 hours. 308 2. A power failure affecting the cooling tower water system 309 for more than 72 hours. 310 3. A loss of biocide treatment of the cooling tower water 311 system for more than 72 hours. 312 4. Failure of conductivity control or any other control 313 methods for more than 72 hours. 314 5. A determination by the department or a county health 315 department that one or more cases of legionellosis are or may be 316 associated with the cooling tower, based on epidemiologic data 317 or laboratory testing. 318 6. Any other conditions specified by the department or a 319 county health department. 320 (e) A requirement that an owner take immediate and 321 appropriate action, including remedial action, in response to a 322 bacteriological or Legionella culture analysis. For 323 bacteriological analysis results, the response must include, but 324 need not be limited to, taking action as required by s. 325 386.305(2). For Legionella culture analysis results, the 326 response must include, but need not be limited to, taking action 327 as required by s. 386.305(3) and contacting the county health 328 department as required by s. 386.306. 329 (f) A requirement that any Legionella culture analyses be 330 performed pursuant to s. 386.305(1). 331 (g) A shutdown and disinfection plan for removing or 332 permanently discontinuing use of a cooling tower. 333 (h) Requirements for treatment and manual or automated 334 flushing of any piping, basin, sump, or wetted surface during 335 idle conditions. 336 Section 6. Section 386.305, Florida Statutes, is created to 337 read: 338 386.305 Culture analyses.— 339 (1) LABORATORY REQUIREMENTS.—A culture analysis must be 340 performed by an environmental laboratory certified pursuant to 341 s. 403.0625 which is approved to perform such an analysis. 342 (2) INTERPRETATION OF BACTERIOLOGICAL ANALYSIS RESULTS FROM 343 COOLING TOWERS.— 344 (a) Level 1.—Samples with a culture result that is less 345 than 10,000 colony-forming units per milliliter (CFU/mL). The 346 cooling tower owner shall maintain the treatment program and 347 bacteriological monitoring in accordance with the cooling 348 tower’s maintenance program and plan. 349 (b) Level 2.—Samples with a culture result that is greater 350 than or equal to 10,000 CFU/mL but less than 100,000 CFU/mL. The 351 cooling tower owner shall do all of the following until the 352 water sample culture results meet the Level 1 criteria: 353 1. Review the treatment program. 354 2. Initiate immediate disinfection by increasing biocide 355 concentration or using a different biocide within 24 hours after 356 receiving the analysis results. 357 3. Retest the water within 3 to 7 days after receiving the 358 analysis results. 359 (c) Level 3.—Samples with a culture result that is greater 360 than or equal to 100,000 CFU/mL but less than 1,000,000 CFU/mL. 361 The cooling tower owner shall do all of the following until the 362 water sample culture results meet the Level 1 criteria: 363 1. Review the treatment program and provide notification as 364 required by s. 386.306. 365 2. Increase biocides within 24 hours after receiving the 366 analysis results. 367 3. Perform a visual inspection to evaluate the need to 368 perform cleaning and additional disinfection. 369 4. Retest the water within 3 to 7 days after receiving the 370 analysis results. 371 (d) Level 4.—Samples with a culture result that is greater 372 than or equal to 1,000,000 CFU/mL. The cooling tower owner shall 373 do all of the following until the water sample culture results 374 meet the Level 1 criteria: 375 1. Review the treatment program and provide notification as 376 required by s. 386.306. 377 2. Increase biocides within 2 hours after receiving the 378 analysis results. 379 3. Within 48 hours after receiving the analysis results, 380 perform remediation of the tower by hyper halogenating, 381 cleaning, and flushing the tower. 382 4. Retest the water within 3 to 7 days after receiving the 383 analysis results. 384 (3) INTERPRETATION OF LEGIONELLA CULTURE RESULTS FROM 385 COOLING TOWERS.— 386 (a) Level 1.—Legionella culture sample results of less than 387 20 CFU/mL. The cooling tower owner shall maintain the treatment 388 program and monitoring in accordance with the cooling tower’s 389 maintenance program and plan. 390 (b) Level 2.—Legionella culture sample results of more than 391 or equal to 20 CFU/mL but less than 1,000 CFU/mL. The cooling 392 tower owner shall do all of the following until the water sample 393 culture results meet the Level 1 criteria: 394 1. Review the treatment program. 395 2. Perform immediate online disinfection. 396 3. Retest the water within 3 to 7 days after receiving the 397 analysis results. 398 a. If the retest indicates a presence of Legionella of more 399 than or equal to 20 CFU/mL but less than 100 CFU/mL, the cooling 400 tower owner must repeat the online disinfection. 401 b. If the subsequent retest indicates a presence of 402 Legionella of more than or equal to 100 CFU/mL but less than 403 1,000 CFU/mL, the cooling tower owner must further investigate 404 the water treatment program and immediately perform online 405 disinfection. 406 (c) Level 3.—Legionella culture sample results of more than 407 or equal to 1,000 CFU/mL. The cooling tower owner shall do all 408 of the following until the water sample culture results meet the 409 Level 1 criteria: 410 1. Review the treatment program. 411 2. Provide notification as required by s. 386.306. 412 3. Institute immediate system decontamination. 413 4. Retest the water within 3 to 7 days after receiving the 414 analysis results. 415 a. If the retest indicates a presence of Legionella of more 416 than or equal to 20 CFU/mL but less than 1,000 CFU/mL, the 417 cooling tower owner must take the actions required under 418 paragraph (b). 419 b. If the subsequent retest indicates a presence of 420 Legionella of more than or equal to 1,000 CFU/mL, the owner must 421 perform system decontamination. 422 Section 7. Section 386.306, Florida Statutes, is created to 423 read: 424 386.306 Notification.—A cooling tower owner shall: 425 (1) Notify the county health department within 24 hours 426 after receiving a Legionella water sample culture result that 427 exceeds 1,000 colony-forming units per milliliter. The county 428 health department shall notify the department within 24 hours 429 after receiving such a report. 430 (2) Notify the public of such test results in a manner 431 determined by the county health department or, at the discretion 432 of the department, by the department. 433 Section 8. Section 386.307, Florida Statutes, is created to 434 read: 435 386.307 Cooling tower standards.— 436 (1) DISINFECTION.— 437 (a) A person who disinfects a cooling tower must be a 438 commercial applicator or a certified applicator as defined in s. 439 487.021 who is licensed to apply biocide in a cooling tower and 440 who is certified in accordance with the requirements of the 441 Florida Pesticide Law, or be an apprentice who is under the 442 direct supervision of a licensed applicator, as defined in s. 443 487.021. 444 (b) The cooling tower owner shall maintain the name and 445 certification number of the applicator who disinfects the 446 cooling tower under paragraph (a) or the business name and 447 number of the company providing onsite disinfection. 448 (c) Only biocide products registered by the Department of 449 Environmental Protection for use in cooling towers or pesticidal 450 devices produced in an establishment registered by the 451 Environmental Protection Agency may be used to disinfect a 452 cooling tower. 453 (2) EFFICIENCY.— 454 (a) Each cooling tower owner shall install make-up and 455 blowdown meters on each of his, her, or its cooling towers to 456 monitor the total volume of water used by the cooling tower and 457 shall ensure that the cooling tower has an automatic 458 conductivity controller, a high-efficiency drift eliminator, and 459 an overflow alarm to prevent overflow of the sump in case of 460 make-up water valve failure. The overflow alarm must provide an 461 alert through an energy management control system to the cooling 462 tower operators in the event of an overflow of the sump. 463 (b) All cooling towers must achieve at least eight cycles 464 of concentration using automatic conductivity control. 465 (c) The efficiency of the cooling tower water system must 466 be measured by the percentage of water that is delivered to the 467 cooling tower versus the blowdown water volume. 468 (d) If the local water utility supplies water to the 469 property, water meters must meet the requirements of the 470 utility. 471 Section 9. Section 386.308, Florida Statutes, is created to 472 read: 473 386.308 Compliance inspection and certification.— 474 (1) COMPLIANCE INSPECTION.— 475 (a) Each cooling tower owner shall ensure that each of his, 476 her, or its cooling towers is inspected before initial startup 477 and at intervals of not more than every 90 days while in use. 478 (b) A compliance inspection must be performed by a 479 qualified person who is unaffiliated with the water treatment 480 company; a professional engineer licensed in this state; an 481 industrial hygienist; a water technologist; or an environmental 482 consultant, any of whom must have training and experience in 483 performing inspections in accordance with current standard 484 industry protocols, including, but not limited to, ANSI/ASHRAE 485 Standard 188-2018, Legionellosis: Risk Management for Building 486 Water Systems. 487 (c) Each compliance inspection must include an evaluation, 488 on a standardized inspection form created by the department, of 489 all of the following: 490 1. The cooling tower and associated equipment for the 491 presence of organic material, biofilm, algae, debris, and other 492 visible contaminants. 493 2. The general condition of the cooling tower basin, remote 494 sump, packing material, and drift eliminators. 495 3. The water make-up connections and control, including 496 backflow protection or air gaps, as needed. 497 4. Whether the conductivity control and the make-up and 498 blowdown meters are functioning properly. 499 5. Whether the water treatment equipment, including, but 500 not limited to, pumps, timers, valves, and strain gauges, are 501 functioning properly. 502 (d) Information collected during compliance inspections 503 must be collected and entered into the department’s mobile data 504 collection platform, must include the standardized inspection 505 form, and must be submitted to the registration portal by a 506 qualified person as specified in paragraph (b). 507 (e) The person performing the inspection shall report any 508 deficiencies found to the owner so that corrective action may be 509 taken and document all completed corrective actions using the 510 department’s mobile data collection platform. 511 (2) CERTIFICATION.—By November 1, 2020, and by each 512 November 1 thereafter, a cooling tower owner shall obtain an 513 annual certification from a qualified person which certifies 514 that a maintenance program and plan is in place for the cooling 515 tower and that all actions required under that plan and this 516 part have been taken, including, but not limited to, all of the 517 following: 518 (a) All required bacteriological culture sampling and 519 analyses. 520 (b) All Legionella culture sampling and analyses, including 521 any immediate Legionella culture sampling and analyses performed 522 pursuant to s. 386.304(2)(d) and (e). 523 (c) Any disinfection performed pursuant to the standards 524 specified in s. 386.307(1). 525 (d) All compliance inspections performed pursuant to 526 subsection (1). 527 (3) REPORTING.—All inspection findings, deficiencies, 528 corrective actions, and certifications must be reported to the 529 department and maintained by the owner as required by s. 530 386.303. 531 Section 10. Section 386.309, Florida Statutes, is created 532 to read: 533 386.309 Enforcement.— 534 (1) The department or a county health department may 535 require an owner to conduct Legionella culture sampling and 536 analysis following a determination, based on epidemiologic data 537 or laboratory testing, that one or more cases of legionellosis 538 are or may be associated with a cooling tower. 539 (2) An officer, employee, or agent of the department or the 540 county health department may enter onto any property to inspect 541 a cooling tower for compliance with this part and may take water 542 samples as part of such inspections. Such inspections must be 543 conducted as provided in s. 487.071. 544 (3) If an owner fails to register a cooling tower, develop 545 and maintain a maintenance program and plan for a cooling tower, 546 obtain certification for a cooling tower, disinfect a cooling 547 tower, perform or obtain required culture sampling and analysis, 548 or conduct inspections of a cooling tower as required in this 549 part, the department or the county health department may 550 determine that such failure constitutes a nuisance pursuant to 551 this chapter. 552 (4) An owner who violates this part is subject to civil and 553 criminal penalties as provided in s. 386.051. Each day that an 554 owner remains in violation of this part constitutes a separate 555 offense. 556 (5) The State Surgeon General shall submit a report to the 557 President of the Senate and the Speaker of the House of 558 Representatives by each January 1 which includes all of the 559 following information: 560 (a) For the prior year: 561 1. The number of new cooling tower registrations issued and 562 the number of notifications of discontinued use of a cooling 563 tower received by the department pursuant to s. 386.303 as of 564 November 1. 565 2. The number of annual certifications that a cooling tower 566 was inspected, tested, cleaned, and disinfected received by the 567 department pursuant to s. 386.308 as of November 1. 568 3. The number of reports of tests for the presence of 569 Legionella which reported levels above 1,000 CFU/mL received by 570 the department. 571 4. The number of inspections of cooling towers conducted by 572 the department, or a county health department on behalf of the 573 department, along with the number and types of any violations 574 cited during such inspections. 575 5. The number of cleanings, disinfections, or other actions 576 performed by or on behalf of the department. 577 6. The number of persons diagnosed with legionellosis in 578 this state to the extent known or reasonably discoverable by the 579 department. 580 (b) Recommendations as to whether department rules should 581 be amended to include requirements for any of the building water 582 systems described in ANSI/ASHRAE Standard 188-2018, 583 Legionellosis: Risk Management for Building Water Systems. 584 (c) Information regarding the implementation of any such 585 requirements, their effectiveness in preventing outbreaks of 586 legionellosis, and recommendations for improvements or 587 modifications to department rules to further the control of 588 Legionella. 589 Section 11. Section 386.3101, Florida Statutes, is created 590 to read: 591 386.3101 Waivers.—The department may issue a written 592 general or specific waiver with respect to this part if the 593 department determines that such waiver will not present a danger 594 to public health. The department may revoke the waiver upon a 595 determination that the waiver may present a danger to public 596 health. 597 Section 12. Until December 31, 2021, an owner may submit a 598 written application to a county health department for a variance 599 from any requirement of this part for additional time to come 600 into compliance with this act. A variance may not exceed 90 601 days. The application must include an explanation as to why the 602 variance will not present a danger to public health. With the 603 approval of the Department of Health, the county health 604 department may approve such application for a variance in 605 writing, subject to any conditions that the department or county 606 health department may deem appropriate to protect public health. 607 The department or the county health department may revoke a 608 variance upon a determination that the variance may present a 609 danger to public health. 610 Section 13. If any provision of this act or its application 611 to any person or entity or circumstance is held invalid, the 612 invalidity does not affect other provisions or applications of 613 the act which can be given effect without the invalid provision 614 or application, and to this end the provisions of this act are 615 severable. 616 Section 14. This act shall take effect July 1, 2020.