S2198A-2011 Actions

• Jan 6, 2012: PRINT NUMBER 2198A
• Jan 6, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 18, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2198A-2011 Memo

BILL NUMBER:S2198A

TITLE OF BILL:
An act
to amend the environmental conservation law, the public health law,
the real property law and the tax law, in relation to enacting the
"private well testing act"

PURPOSE:
This bill establishes the "Private Well Testing Act." This legislation
seeks to provide those with private wells with the following: more
disclosure when purchasing homes with wells; broader education of the
potential problems and remedies available; clarifying the testing
parameters;
encouraging the testing of more private wells; notification of
potential contamination in areas with test failures; and authorizing
the county governing bodies based on recommendations from the
Department of Health to designate areas deemed at risk to undergo
mandatory well testing upon transfer of property. Further, this bill
establishes a pilot program for two years, in Dutchess and Rockland
counties, allowing homeowners with private wells who elect to test
their water quality to receive a tax credit. The submission of the
results in these two counties will enable the state to develop a more
comprehensive database to analyze quality of the aquifer in a
concentrated area.

SUMMARY OF PROVISIONS:
Section 1 establishes the act to be known as the private well testing
act.

Section 2 adds subdivision 1 of section 3-0315 of the Environmental
Conservation Law to include information collected pursuant to
sections 1110 and 1110-a of the Public Health Law in the state's
geographic information system.

Section 3 adds a new section 1110 to the public health law regarding
private well testing, authorizing the Department of Health to
promulgate regulations for the testing of drinking water from private
wells. It further requires that any contract for the sale of real
property served by a private well shall, provide the buyer the option
to test the water for at least the standards prescribed, and advise
the buyer of the disclosures required by sections 462 and 468 of the
Real Property Law. In the event that the buyer elects to test the
private well for contaminates, the
seller shall receive a tax credit under Article 31 of the Tax Law, at
the closing, for the cost of the test, not to exceed an amount
established by the department.

Subsection 2 sets the parameters of the water test to include:
bacteria; nitrates; iron; manganese;
pH; volatile organic compounds and lead.

Subsection 3 requires that when there is a finding of a health threat,
the Department of Health (DOH) in consultation with the Department of
Environmental Conservation (DEC) shall develop a list of additional
contaminants deemed significant in each county or any other area


within a county that shall be tested. The DOH may limit by geographic
area any contaminant listed deemed as not significant for water
testing. Subsection 3 additionally provides the DOH and the county
DOH with the authority to require that all contracts for sale of real
property located within the county or within a specific area of the
county be subject to private well water testing when there is a
finding of a health threat.

Subsection 4 sets forth the requirements for conducting water tests
and for the disclosure thereof.

Subsection 5 requires that within five days of receiving a water test
failure, notice shall be provided to the county board of health,
where applicable, to issue a general notice to owners of real
property served by private wells in the vicinity of the failed
property. The notice shall include a recommendation or suggestion
that the owners may want to have their wells tested.

Subsection 6 requires landlords to provide notice of water test
results to lessees within five days and to new lessees.

Subsection 7 requires all subsequent test results to be sent to DOH
and the county board of health. Subsection 7, paragraph (a) requires
the DOH in consultation with DEC to establish a public information
and education program to inform the public and relevant professional
disciplines of the enactment of this act, the rights established, the
potential health effects of consuming contaminated water, the
potential presence of radium, the geographic areas in the state
subject to actual or potential threat of danger from contamination,
the importance of testing private wells regularly, suggested water
treatments, equipment strategies and funding sources available for
remediation as a result of a failed water test. Subsection 7,
paragraph (b) requires DOH to make available to the public general
data compiled as a result of this act.

Section 1110-a establishes a well water testing pilot program in
Dutchess and Rockland counties, encouraging residents to test their
private wells in accordance with Section 1110 of the Public Health
Law to determine the quality of the drinking water in these two
counties. Costs of the well tests will be reimbursed through the
Hazardous Waste Remediation Oversight and Assistance Account.

Section 4 adds a new section 468 to the Real Property Law on private
well testing requirements.

Section 5 amends subdivision 2 of section 462 of the Real Property Law
adding to the real property disclosure statement a series of
questions pertaining to private well water.

Section 6 amends section 1405-A of the Tax Law and allows a credit for
the well testing in an amount not to exceed the costs determined by
the department upon the provision of a certified copy of the well
test and proof of payment thereof.

Section 7 provides that nothing in this act shall preclude a local
health department or governing body from adopting a local law or
regulation which is more stringent than state law or regulation.


Section 8 sets the effective date 180 days after it shall have become
a law.

JUSTIFICATION:
Municipal water supplies are tested regularly for primary
contaminants, however, for the prospective buyer of a property and an
existing owner with a private well water supply, testing the water
for contaminants is essential to protect their investment and more
importantly, their health. As an owner or when selling or
transferring the property to a new owner, the prospective buyer or
owner should not only be encouraged to test the private water supply
to determine if the water is safe to drink and suitable for other
household purposes, but should also be aware if any properties in the
vicinity have received failing test results.

At present, potential buyers are often encouraged by their real estate
representative and/or attorney to test private water supplies before
committing to a purchase, however, many potential buyers are unaware
of what should be tested. This measure sets minimum standards as
parameters for private well water testing and authorizes the
Department of Health (DOH) to determine if certain geographic areas
should include additional contaminants in their standard well tests.
This bill also gives the authority to county boards of health and/or
the governing body of the county to mandate testing upon transfer of
properties in designated areas deemed to be at risk of contamination.
In addition, property owners in a designated Superfund site will be
required to test their private wells and will be eligible to receive
reimbursement from the Hazardous Waste Remediation Oversight and
Assistance Account.

This measure ensures that broader awareness, expanded education and
greater disclosure will take place to encourage both the testing of
wells upon .sale and more frequently as a property owner whose home
is serviced by a private well. Many who own homes will go years
without testing the quality of their drinking water, unaware that
contaminants may exist. By heightening public awareness, more
homeowners may take the steps necessary to ensure that their drinking
water is screened by a certified lab. In addition, due to the
reporting requirements for certified labs to notify county boards of
health and DOH of test results, the mandatory notification of failed
tests in designated areas considered to be at risk will offer further
encouragement for homeowners to test their drinking water, as well as
provide the State with information to enhance their database.

Encouraging more homeowners and buyers to test their wells will
enhance ability to determine where contamination may be concentrated
and potentially posing health risks. This bill leaves the designation
of mandatory testing with the county and state health departments who
are equipped to determine whether geographic locations are deemed to
be at significant risk for contamination.

This bill also creates a pilot program in Dutchess and Rockland
counties, allowing homeowners with private wells to conduct a
state-approved well test and receive reimbursement through a
designated state fund. This incentive will encourage homeowners to
participate a in pilot program designed to collect widespread data in
each of these counties. The two-year program will aid the Department


of Health and the Department of Environmental Conservation in their
ongoing efforts to collect and analyze data on the condition of the
state's aquifer.

LEGISLATIVE HISTORY:
2009-2010: S.1475 -- Referred to Environmental Conservation
2007-2008: S.1084-A -- Passed Senate
2005-2006: S.7921B -- Passed Senate

FISCAL IMPLICATIONS:
Costs of the well tests will be reimbursed through the Hazardous Waste
Remediation Oversight and Assistance Account.

EFFECTIVE DATE:
180 days after it shall have become a law.

S2198A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   2198--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 18, 2011
                                 ___________

  Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
    printed to be committed to the Committee on Environmental Conservation
    -- recommitted to  the  Committee  on  Environmental  Conservation  in
    accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
    amended, ordered reprinted as amended and recommitted to said  commit-
    tee

  AN  ACT  to  amend the environmental conservation law, the public health
    law, the real property law and the tax law, in  relation  to  enacting
    the "private well testing act"

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Short title. This act shall be known and may  be  cited  as
  the "private well testing act".
    S 2. Subdivision 1 of section 3-0315 of the environmental conservation
  law,  as  added by section 1 of part C of chapter 1 of the laws of 2003,
  is amended to read as follows:

    1. The department shall create or modify an existing geographic infor-
  mation system, and maintain such system for purposes including, but  not
  limited  to,  incorporating information from remedial programs under its
  jurisdiction, and shall also incorporate  information  from  the  source
  water assessment program collected by the department of health, INFORMA-
  TION  COLLECTED  PURSUANT  TO  SECTIONS  ELEVEN  HUNDRED  TEN AND ELEVEN
  HUNDRED TEN-A OF THE PUBLIC HEALTH LAW, data from  annual  water  supply
  statements  prepared pursuant to section eleven hundred fifty-one of the
  public health law, information from the database pursuant to title four-
  teen of article twenty-seven of this chapter,  and  any  other  existing
  data  regarding soil and groundwater contamination currently gathered by
  the department, as well as data on contamination that is readily  avail-
  able  from  the United States geological survey and other sources deter-
  mined appropriate by the department.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05416-02-2

 S. 2198--A                          2

    S 3. The public health law is amended by adding two new sections  1110
  and 1110-a to read as follows:

    S  1110. PRIVATE WELL TESTING. 1.  (A) THE DEPARTMENT SHALL PROMULGATE
  REGULATIONS WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
  SECTION PROVIDING FOR THE TESTING OF WATER USED FOR DRINKING WATER  FROM
  PRIVATE WELLS LOCATED ON REAL PROPERTY SUBJECT TO THIS SECTION.
    (B)  ANY  CONTRACT  FOR THE SALE OF REAL PROPERTY WHICH IS SERVED BY A
  PRIVATE WELL THAT IS THE POTABLE WATER SUPPLY FOR  SUCH  PROPERTY  SHALL
  INCLUDE  A PROVISION THAT PROVIDES, AT THE OPTION OF THE BUYER THE TEST-
  ING OF SUCH WATER SUPPLY FOR AT LEAST THE STANDARDS PRESCRIBED  PURSUANT
  TO  THIS SECTION.   IN THE EVENT THE BUYER ELECTS TO PERFORM THE TESTING
  OF SUCH WATER SUPPLY THE BUYER SHALL RECEIVE A CREDIT UNDER PART ONE  OF
  ARTICLE  TWENTY-TWO  OF  THE  TAX  LAW; PROVIDED THAT THE SELLER HAS NOT
  RECEIVED A REIMBURSEMENT PURSUANT TO SECTION  ELEVEN  HUNDRED  TEN-A  OF
  THIS  ARTICLE.  IN  NO  EVENT SHALL SUCH CREDIT EXCEED THE COST FOR SUCH
  TEST AS DETERMINED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (A) OF SUBDI-
  VISION FOUR OF THIS SECTION.   SUCH CONTRACT SHALL  SPECIFICALLY  ADVISE
  THE BUYER OF THE DISCLOSURES REQUIRED BY SECTIONS FOUR HUNDRED SIXTY-TWO
  AND  FOUR  HUNDRED  SIXTY-EIGHT OF THE REAL PROPERTY LAW.  PROVISIONS OF
  THIS SECTION SHALL NOT APPLY TO PROPERTY WHERE THE POTABLE WATER  SUPPLY
  HAS FIVE OR MORE SERVICE CONNECTIONS OR THAT REGULARLY SERVES AN AVERAGE
  OF  TWENTY-FIVE OR MORE INDIVIDUALS DAILY FOR AT LEAST SIXTY DAYS OUT OF
  THE YEAR.
    2. EVERY WATER TEST CONDUCTED IN ACCORDANCE WITH  THIS  SECTION  SHALL
  INCLUDE A TEST AS ESTABLISHED BY THE STATE DRINKING WATER QUALITY STAND-
  ARDS  TO  DETERMINE  NONCOMPLIANCE WITHIN THE MAXIMUM CONTAMINANT LEVELS
  INCLUDING BUT NOT LIMITED TO THE FOLLOWING CONTAMINANTS: BACTERIA (TOTAL
  COLIFORM); NITRATES; IRON; MANGANESE; PH; VOLATILE ORGANIC COMPOUNDS AND
  LEAD.
    3. (A) PURSUANT TO A FINDING OF A HEALTH  THREAT  THE  DEPARTMENT,  IN
  CONSULTATION  WITH  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL
  DEVELOP A LIST OF ADDITIONAL  CONTAMINANTS  THAT  THE  DEPARTMENT  DEEMS
  SIGNIFICANT IN EACH COUNTY OR IN ANY OTHER SPECIFIC AREA WITHIN A COUNTY
  THAT  SHALL  BE  TESTED FOR AS PART OF ANY WATER TEST TO BE CONDUCTED IN
  ACCORDANCE WITH THIS SECTION. SUCH ADDITIONAL  PARAMETERS  MAY  INCLUDE,
  BUT NEED NOT BE LIMITED TO, TESTING FOR ARSENIC AND MERCURY.
    (B)  THE  DEPARTMENT MAY, BY RULE OR REGULATION, PURSUANT TO A FINDING
  THAT THERE IS NOT A HEALTH THREAT EXCLUDE OR LIMIT BY GEOGRAPHIC AREA OR
  GEOLOGIC FORMATION, OR BASED UPON WELL RECORDED INFORMATION, ANY CONTAM-
  INANT LISTED IN THIS SECTION DEEMED BY THE DEPARTMENT AS NOT SIGNIFICANT
  IN A COUNTY OR IN ANY SPECIFIC AREA WITHIN A COUNTY  AND  SUCH  AREA  OF
  FORMATION  NEED  NOT  BE  TESTED  AS PART OF ANY WATER TEST CONDUCTED IN
  ACCORDANCE WITH THIS SECTION.
    (C)(I) THE COUNTY BOARD OF HEALTH, BASED UPON THE INFORMATION OBTAINED
  UNDER PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, SHALL HAVE THE AUTHOR-
  ITY, BY RULE OR REGULATION, TO REQUIRE THAT ALL CONTRACTS  FOR  SALE  OF
  REAL PROPERTY LOCATED WITHIN THE COUNTY OR WITHIN A SPECIFIC AREA OF THE
  COUNTY  SHALL  BE  SUBJECT TO WATER TESTING IN ACCORD WITH THIS SECTION.
  IN THOSE COUNTIES WHERE THERE IS NO DULY AUTHORIZED LOCAL DEPARTMENT  OF
  HEALTH,  THE  AUTHORITY CONFERRED BY THIS SUBDIVISION SHALL BE VESTED IN
  THE GOVERNING BODY OF THE COUNTY UPON THE RECOMMENDATION OF THE  DEPART-
  MENT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
    (II)  IN  THE  EVENT A PRIVATE WATER WELL TEST IS REQUIRED PURSUANT TO
  SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE BUYER SHALL  BE  REIMBURSED  FOR
  THE  COST  OF  THE  TESTING OF THE PRIVATE WELL FROM THE HAZARDOUS WASTE
  REMEDIATION OVERSIGHT AND ASSISTANCE ACCOUNT PURSUANT TO  SECTION  NINE-

 S. 2198--A                          3

  TY-SEVEN-B OF  THE STATE FINANCE LAW, UPON PROVIDING THE DEPARTMENT WITH
  A  RECEIPT  EVIDENCING  THE  COST  OF  THE TEST AND OTHER INFORMATION AS
  PRESCRIBED BY THE DEPARTMENT.   IN NO  EVENT  SHALL  SUCH  REIMBURSEMENT
  EXCEED  THE  COST FOR SUCH TEST AS DETERMINED BY THE DEPARTMENT PURSUANT
  TO PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION.
    (III) NOTWITHSTANDING ANY LAW TO THE CONTRARY,  THE  DEPARTMENT  SHALL
  PROVIDE  NOTICE TO THE COUNTY HEALTH DEPARTMENT OR THE GOVERNING BODY OF
  THE COUNTY OF THE SPECIFIC AREA WITHIN THE COUNTY WHERE AN INSTITUTIONAL
  CONTROL AS DEFINED BY ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL  CONSER-
  VATION  LAW,  IS EMPLOYED RESTRICTING THE USE OF GROUNDWATER PURSUANT TO
  AN ORDER OR AN AGREEMENT FOR CLEANUP PURSUANT TO ARTICLE TWELVE  OF  THE
  NAVIGATION LAW OR ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION
  LAW  OR  A SITE LISTED ON THE NATIONAL PRIORITIES LIST ESTABLISHED UNDER
  AUTHORITY OF 42 U.S.C. SECTION 9605. THE DEPARTMENT SHALL ISSUE A GENER-
  AL NOTICE TO OWNERS OF REAL PROPERTY SERVED BY PRIVATE WELLS LOCATED  IN
  THE  VICINITY OF SUCH INSTITUTIONAL CONTROLS, REQUIRING THAT THOSE PROP-
  ERTY OWNERS TEST THEIR PRIVATE WELLS IN ACCORDANCE  WITH  THIS  SECTION.
  THE  OWNERS OF SUCH REAL PROPERTY SHALL RECEIVE CUSTOMARY AND REASONABLE
  REIMBURSEMENT FOR THE COST OF TESTING  OF  THE  PRIVATE  WELL  FROM  THE
  HAZARDOUS WASTE REMEDIATION OVERSIGHT AND ASSISTANCE ACCOUNT PURSUANT TO
  SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
    (IV)  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO LIMIT OR PREEMPT
  THE AUTHORITY OF A COUNTY, COUNTY HEALTH  DEPARTMENT,  COUNTY  BOARD  OF
  HEALTH  OR  DESIGNATED  HEALTH OFFICER FROM MAKING OR CAUSING TO BE MADE
  SUCH INSPECTION AND TESTING OF A WATER SUPPLY AS  MAY  BE  NECESSARY  TO
  ENSURE THE HEALTH AND SAFETY OF THE RESIDENTS OF THE STATE.
    4.  (A) ANY WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION SHALL
  BE CONDUCTED BY A LABORATORY CERTIFIED BY  THE  DEPARTMENT  PURSUANT  TO
  SECTION  FIVE  HUNDRED  TWO  OF  THIS CHAPTER TO TEST FOR DRINKING WATER
  CONTAMINANTS.  THE DEPARTMENT SHALL DEVELOP A SCHEDULE OF COSTS FOR  THE
  TESTING  OF  THE  WATER CONTAMINANTS THAT MAY BE TESTED PURSUANT TO THIS
  SECTION. THE SCHEDULE OF COSTS SHALL BE THE MAXIMUM ALLOWABLE REIMBURSE-
  MENT PROVIDED FOR IN THIS SECTION AND SECTION ELEVEN  HUNDRED  TEN-A  OF
  THIS ARTICLE.
    (B)  ANY  WATER TEST RESULTS PROVIDED BY A LABORATORY TO THE PERSON OR
  PERSONS REQUESTING THE TEST SHALL INCLUDE THE MAXIMUM CONTAMINANT LEVELS
  OR OTHER ESTABLISHED WATER QUALITY STANDARDS, IF ANY, PRESCRIBED BY  THE
  DEPARTMENT  FOR  EACH  PARAMETER  TESTED  AND  SHALL BE TRANSMITTED ON A
  STANDARDIZED PRIVATE WELL WATER TEST REPORTING FORM  PRESCRIBED  BY  THE
  DEPARTMENT.  THE  FORM  SHALL  PROVIDE INFORMATION REGARDING REMEDIATION
  ALTERNATIVES AVAILABLE, AND SHALL REFER THE BUYER AND SELLER OF THE REAL
  PROPERTY IN QUESTION TO THE APPROPRIATE  OFFICE  OR  PERSON  WITHIN  THE
  DEPARTMENT,  OR THE DEPARTMENT'S WEBSITE FOR FURTHER INFORMATION REGARD-
  ING SUCH ALTERNATIVES.
    (C) WITHIN FIVE BUSINESS DAYS AFTER COMPLETION OF THE  WATER  TEST,  A
  LABORATORY SHALL SUBMIT THE WATER TEST RESULTS TO THE DEPARTMENT AND THE
  COUNTY BOARD OF HEALTH, IF APPLICABLE, WITH THE FOLLOWING INFORMATION:

    (I)  A STATEMENT THAT THE TESTING IS FOR THE PURPOSE OF COMPLYING WITH
  THE "PRIVATE WELL TESTING ACT";
    (II) THE LOCATION OF THE REAL PROPERTY, DESCRIBED BY  AN  EIGHT  DIGIT
  GLOBAL  POSITIONING SYSTEM (GPS) COORDINATE AND BY BLOCK AND LOT NUMBER,
  STREET ADDRESS, MUNICIPALITY, AND COUNTY;
    (III) THE NAME AND MAILING ADDRESS OF THE PERSON OR PERSONS MAKING THE
  REQUEST FOR THE TEST;
    (IV) THE DATE AND TIME THAT THE WATER SAMPLE  WAS  COLLECTED  AND  THE
  SPECIFIC POINT OF COLLECTION;

 S. 2198--A                          4

    (V) THE DATE AND TIME THE SAMPLE WAS ANALYZED BY THE LABORATORY; AND
    (VI)  SUCH  OTHER INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT, IN
  CONSULTATION, IF DEEMED NECESSARY BY  THE  DEPARTMENT  OF  ENVIRONMENTAL
  CONSERVATION,  COUNTY  HEALTH  DEPARTMENT,  HEALTH AGENCY, OR DESIGNATED
  HEALTH OFFICER, AS APPROPRIATE TO EACH COUNTY.
    (D) THE DEPARTMENT MAY REQUIRE LABORATORIES TO  SUBMIT  ELECTRONICALLY
  THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
    (E)  A  LABORATORY  SHALL NOT RELEASE WATER TEST RESULTS TO ANY PERSON
  EXCEPT THE BUYER AND SELLER OF THE REAL PROPERTY AT ISSUE AS PROVIDED IN
  SUBDIVISION ONE OF THIS SECTION, THE LESSOR  OF  THE  REAL  PROPERTY  AS
  PROVIDED  IN  SUBDIVISION  SIX OF THIS SECTION, ANY PERSON AUTHORIZED BY
  THE BUYER, SELLER, OR LESSOR, AS THE CASE MAY BE,  THE  DEPARTMENT,  THE
  COUNTY  BOARD OF HEALTH WHERE THE PROPERTY IS LOCATED, IF APPLICABLE, OR
  ANY PERSON DESIGNATED BY COURT ORDER.
    (F) THE DEPARTMENT SHALL COMPILE THE DATA ACCUMULATED FROM  THE  WATER
  TEST  RESULTS  SUBMITTED  BY  LABORATORIES PURSUANT TO THIS SECTION IN A
  MANNER THAT SHALL BE USEFUL TO THE DEPARTMENT, COUNTIES, MUNICIPALITIES,
  OR OTHER GOVERNMENTAL ENTITIES FOR THE PURPOSES OF STUDYING  GROUNDWATER
  SUPPLIES OR CONTAMINATION IN THE STATE.
    (G)  THE  RESULTS OF WATER WELL TESTS SHALL BE PROVIDED TO THE DEPART-
  MENT OF  ENVIRONMENTAL  CONSERVATION  FOR  INCLUSION  IN  THE  STATEWIDE
  GROUNDWATER  REMEDIATION  STRATEGY  DEVELOPED IN ACCORDANCE WITH SECTION
  15-3109 OF THE ENVIRONMENTAL CONSERVATION LAW AND THE GEOGRAPHIC  INFOR-
  MATION  SYSTEM  DEVELOPED IN ACCORDANCE WITH SECTION 3-0315 OF THE ENVI-
  RONMENTAL CONSERVATION LAW.
    5. THE DEPARTMENT, WITHIN  FIVE  BUSINESS  DAYS  AFTER  RECEIVING  ANY
  REPORT  OF  A  WATER TEST FAILURE IN ACCORDANCE WITH THIS SECTION, SHALL
  PROVIDE NOTICE OF SUCH WATER TEST FAILURE TO THE COUNTY  HEALTH  DEPART-
  MENT WHERE THE FAILING PRIVATE WELL IS LOCATED. THE COUNTY DEPARTMENT OF
  HEALTH SHALL ISSUE A GENERAL NOTICE TO OWNERS OF REAL PROPERTY SERVED BY
  PRIVATE  WELLS LOCATED IN THE VICINITY OF THE REAL PROPERTY EXPERIENCING
  THE WATER TEST FAILURE SUGGESTING OR RECOMMENDING  THAT  THOSE  PROPERTY
  OWNERS  MAY  WISH  TO  HAVE  THEIR PRIVATE WELLS TESTED FOR AT LEAST THE
  PARAMETERS AT ISSUE. IN THE ABSENCE OF A DULY AUTHORIZED COUNTY  DEPART-
  MENT  OF  HEALTH  THE  AUTHORITY  CONFERRED BY THIS SUBDIVISION SHALL BE
  VESTED IN THE DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
  MENTAL CONSERVATION.  ANY TEST RESULTS VOLUNTARILY PERFORMED BY AN OWNER
  SHALL BE SUBMITTED BY THE LABORATORY TO THE DEPARTMENT  AND  THE  COUNTY
  BOARD OF HEALTH, IF APPLICABLE, PURSUANT TO PARAGRAPH (C) OF SUBDIVISION
  FOUR  OF  THIS SECTION.   A HOMEOWNER WHO VOLUNTARILY PERFORMS A PRIVATE
  WATER WELL TEST PURSUANT TO THIS SUBDIVISION SHALL BE REIMBURSED FOR THE
  COST OF THE TESTING OF THE PRIVATE WELL AS PROVIDED FOR IN PARAGRAPH (B)
  OF SUBDIVISION ONE OF THIS SECTION.  THE SPECIFIC ADDRESS OR LOCATION OF
  THE PRIVATE WELL THAT FAILED A WATER TEST SHALL NOT BE IDENTIFIED IN THE
  NOTICE OR BY ANY OTHER MEANS OR IN  ANY  OTHER  MANNER.  THE  DEPARTMENT
  SHALL  ESTABLISH  CRITERIA FOR NOTIFICATION WHICH MAY INCLUDE, BUT SHALL
  NOT BE LIMITED TO, THE MAXIMUM CONTAMINANT LEVEL, THE  LEVEL  OF  EXCEE-
  DANCE  REPORTED,  AND  THE DISTANCE OR LOCATION OF THE PROPERTIES IN THE
  VICINITY OF THE CONTAMINATED WELL FOR WHICH TESTING IS  RECOMMENDED  AND
  THE STATE REQUIREMENT THAT TESTING BE PERFORMED AT A CERTIFIED LABORATO-
  RY.
    6.  WITHIN  THIRTY  DAYS OF RECEIVING NOTICE OF REQUIRED TESTING UNDER
  SUBPARAGRAPHS (I) AND (III) OF PARAGRAPH (C)  OF  SUBDIVISION  THREE  OF
  THIS  SECTION,  THE LESSOR OF ANY REAL PROPERTY THE POTABLE WATER SUPPLY
  FOR WHICH IS A PRIVATE WELL SHALL TEST THAT WATER SUPPLY IN  THE  MANNER
  ESTABLISHED  PURSUANT  TO  THIS  SECTION  FOR  AT  LEAST  THE PARAMETERS

 S. 2198--A                          5

  REQUIRED PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION.  WITHIN
  FIVE  BUSINESS  DAYS  AFTER  THE RECEIPT OF THE TEST RESULTS, THE LESSOR
  SHALL ALSO PROVIDE A WRITTEN COPY THEREOF TO EACH  LESSEE  OF  A  RENTAL
  UNIT  ON  THE  PROPERTY. THE LESSOR SHALL ALSO PROVIDE A WRITTEN COPY OF
  THE MOST RECENT TEST RESULTS TO A NEW LESSEE OF A  RENTAL  UNIT  ON  THE
  PROPERTY.    THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PROPERTY
  WHERE THE POTABLE WATER SUPPLY HAS FIVE OR MORE SERVICE  CONNECTIONS  OR
  THAT  REGULARLY  SERVES  AN  AVERAGE  OF TWENTY-FIVE OR MORE INDIVIDUALS
  DAILY FOR AT LEAST SIXTY DAYS OUT OF THE YEAR.
    7. NOTHING CONTAINED IN THIS SECTION SHALL  PRECLUDE  THE  REMEDIATION
  AND  RETESTING  OF  A  PRIVATE  WATER WELL AT THE TAP.   IN THE EVENT OF
  RETESTING, THE SUBSEQUENT LABORATORY TEST  SHALL  BE  SUBMITTED  TO  THE
  DEPARTMENT  AND  THE  COUNTY BOARD OF HEALTH, IF APPLICABLE, PURSUANT TO
  PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
    (A) THE DEPARTMENT, IN CONSULTATION WITH THE  DEPARTMENT  OF  ENVIRON-
  MENTAL  CONSERVATION, SHALL ESTABLISH A PUBLIC INFORMATION AND EDUCATION
  PROGRAM TO INFORM THE PUBLIC AND APPROPRIATE PROFESSIONAL DISCIPLINES OF
  THE ENACTMENT OF THIS SECTION, THE  RIGHTS  ESTABLISHED  UNDER  SECTIONS
  FOUR HUNDRED SIXTY-TWO AND FOUR HUNDRED SIXTY-EIGHT OF THE REAL PROPERTY
  LAW,  AND  THE SUBSTANCE OF SUCH PROVISIONS AND REQUIREMENTS, THE POTEN-
  TIAL HEALTH EFFECTS OF CONSUMING WATER FROM A PRIVATE WELL THAT  EXCEEDS
  MAXIMUM  CONTAMINANT  LEVELS  AND OTHER ESTABLISHED WATER QUALITY STAND-
  ARDS, THE GEOGRAPHIC AREAS IN THE STATE SUBJECT TO AN ACTUAL  OR  POTEN-
  TIAL  THREAT  OF DANGER FROM CONTAMINATED GROUNDWATER, THE IMPORTANCE OF
  TESTING PRIVATE WELLS REGULARLY FOR CONTAMINANTS,  AND  SUGGESTED  WATER
  TREATMENT  TECHNIQUES,  EQUIPMENT  STRATEGIES AND PUBLIC FUNDING SOURCES
  AVAILABLE FOR TREATING WATER FROM PRIVATE WELLS THAT HAVE FAILED A WATER
  TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION.
    (B) THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC A GENERAL COMPI-
  LATION OF WATER TEST RESULTS DATA  ARRANGED  OR  IDENTIFIED  BY  COUNTY,
  MUNICIPALITY  OR  APPROPRIATE GEOGRAPHIC AREA THEREIN.  THE COMMISSIONER
  SHALL NOT PROVIDE THE NAME, ADDRESS OR ANY OTHER INFORMATION WHICH WOULD
  OTHERWISE IDENTIFY A PROPERTY CONTAINING A  CONTAMINATED  PRIVATE  WATER
  WELL SUBJECT TO THIS SECTION.
    S  1110-A. WELL WATER TESTING PILOT PROGRAM. 1. THE LEGISLATURE HEREBY
  FINDS THAT IT IS IN THE PUBLIC INTEREST TO PROVIDE INCENTIVE TO HOMEOWN-
  ERS THAT USE PRIVATE WELLS FOR DRINKING  WATER  TO  TEST  THESE  POTABLE
  WATER  SOURCES  FOR CONTAMINANTS AND TO REQUIRE WELL TESTING IN AREAS AT
  RISK. THEREFORE, THIS SECTION DIRECTS A PILOT PROGRAM BE ESTABLISHED  BY
  THE  DEPARTMENT  AND  THE  DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION TO
  DEVELOP APPROPRIATE TEST PARAMETERS IN ACCORDANCE  WITH  SECTION  ELEVEN
  HUNDRED  TEN OF THIS ARTICLE FOR PRIVATE DRINKING WELLS AND TO DEVELOP A
  DATABASE FOR THE COLLECTION OF TEST RESULTS FOR THE PURPOSE OF PROVIDING
  THE CITIZENS OF DUTCHESS AND ROCKLAND COUNTIES WITH INFORMATION  ON  THE
  QUALITY OF DRINKING WATER.
    2. EFFECTIVE NOVEMBER FIRST, TWO THOUSAND THIRTEEN UNTIL OCTOBER THIR-
  TY-FIRST, TWO THOUSAND FIFTEEN, A PILOT PROGRAM SHALL BE ESTABLISHED FOR
  OWNERS  OF RESIDENTIAL REAL PROPERTY WHICH IS SERVICED BY A PRIVATE WELL
  THAT IS THE POTABLE WATER SUPPLY FOR SUCH PROPERTY, IN THE  COUNTIES  OF
  DUTCHESS  AND ROCKLAND WHO HAVE NOT HAD A WATER TEST PURSUANT TO SECTION
  ELEVEN HUNDRED TEN OF THIS ARTICLE WITHIN  THE  PRECEDING  YEAR.    SUCH
  PROPERTY  OWNERS  MAY ELECT TO PERFORM THE TESTING FOR SUCH WATER SUPPLY
  ACCORDING TO THE STANDARDS PRESCRIBED PURSUANT TO SECTION ELEVEN HUNDRED
  TEN OF THIS ARTICLE.  IN THE EVENT THE HOMEOWNER ELECTS TO  PERFORM  THE
  TESTING  OF SUCH WATER SUPPLY, THE HOMEOWNER SHALL BE REIMBURSED FOR THE
  COST OF THE TESTING OF THE PRIVATE WELL FROM THE HAZARDOUS WASTE REMEDI-

 S. 2198--A                          6

  ATION OVERSIGHT AND ASSISTANCE ACCOUNT PURSUANT TO  SECTION  NINETY-SEV-
  EN-B  OF  THE  STATE  FINANCE  LAW, UPON PROVIDING THE DEPARTMENT WITH A
  RECEIPT EVIDENCING THE COST OF THE TEST AND ANY OTHER INFORMATION AS MAY
  BE  PRESCRIBED  BY  THE DEPARTMENT. IN NO EVENT SHALL SUCH REIMBURSEMENT
  EXCEED THE COST FOR SUCH TEST AS DETERMINED BY THE  DEPARTMENT  PURSUANT
  TO  PARAGRAPH  (A)  OF SUBDIVISION FOUR OF SECTION ELEVEN HUNDRED TEN OF
  THIS ARTICLE.
    3. THE DEPARTMENT SHALL PROVIDE A WRITTEN REPORT TO THE  GOVERNOR  AND
  THE  LEGISLATURE  DETAILING  THE EFFECTIVENESS AND PROGRESS OF THE PILOT
  PROGRAM PROVIDED FOR IN THIS SECTION WITHIN ONE YEAR  OF  THE  EFFECTIVE
  DATE OF THIS SECTION.
    S  4.  The real property law is amended by adding a new section 468 to
  read as follows:

    S 468. PRIVATE WELL TESTING REQUIREMENTS.  1. EVERY CONTRACT  FOR  THE
  SALE  OF  REAL  PROPERTY  WHICH  IS SERVED BY A PRIVATE WELL THAT IS THE
  POTABLE WATER SUPPLY FOR SUCH PROPERTY SHALL INCLUDE  A  PROVISION  THAT
  PROVIDES, AT THE OPTION AND COST OF THE BUYER, THE TESTING OF SUCH WATER
  SUPPLY  FOR AT LEAST THE STANDARDS PRESCRIBED PURSUANT TO SECTION ELEVEN
  HUNDRED TEN OF THE PUBLIC HEALTH LAW. PROVISIONS OF THIS  SECTION  SHALL
  NOT  APPLY  TO  PROPERTY WHERE THE POTABLE WATER SUPPLY HAS FIVE OR MORE
  SERVICE CONNECTIONS OR THAT REGULARLY SERVES AN AVERAGE  OF  TWENTY-FIVE
  OR MORE INDIVIDUALS DAILY FOR AT LEAST SIXTY DAYS OUT OF THE YEAR.
    2.  WHERE  THE  BUYER ELECTS TO PERFORM THE WATER TESTS THE CLOSING OF
  TITLE ON THE SALE OF SUCH REAL PROPERTY SHALL NOT OCCUR UNLESS BOTH  THE
  BUYER  AND  THE  SELLER  HAVE RECEIVED AND REVIEWED A COPY OF SUCH WATER
  TEST RESULTS. AT CLOSING, THE BUYER AND SELLER  BOTH  SHALL  CERTIFY  IN
  WRITING  THAT  THEY  HAVE  RECEIVED AND REVIEWED THE WATER TEST RESULTS.
  THE PROVISIONS OF THIS  SUBDIVISION  SHALL  APPLY  TO  MANDATED  TESTING
  REQUIRED  UNDER SUBPARAGRAPHS (I) AND (III) OF PARAGRAPH (C) OF SUBDIVI-
  SION THREE OF SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW.
    3. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,  IN  THE  EVENT  THE
  SELLER'S  WELL  HAS BEEN TESTED AND THERE IS A WATER TEST FAILURE OR THE
  SELLER RECEIVES A NOTICE FROM THE STATE OR THE COUNTY HEALTH  DEPARTMENT
  PURSUANT TO SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED TEN OF THE PUBLIC
  HEALTH  LAW OF A FAILED WELL WITHIN THE VICINITY OF THE PROPERTY SUBJECT
  TO A SALE, THE SELLER MUST DISCLOSE THE TEST RESULTS OR  THE  NOTICE  TO
  THE  BUYER.  FAILURE TO MAKE SUCH DISCLOSURE SHALL SUBJECT THE SELLER TO
  CONSEQUENTIAL AND INCIDENTAL DAMAGES. IN ADDITION, THE  BUYER  MAY  SEEK
  RESCISSION  OF THE CONTRACT AND THE RETURN OF ALL SUMS PAID TO THE SELL-
  ER.  NO AGENT OF EITHER THE BUYER OR THE SELLER TO A REAL ESTATE  TRANS-
  ACTION SUBJECT TO THIS SECTION SHALL BE LIABLE FOR A FAILURE TO DISCLOSE
  AS REQUIRED BY THIS SUBDIVISION UNLESS SUCH AGENT HAS ACTUAL KNOWLEDGE.
    S  5.  Subdivision 2 of section 462 of the real property law, as added
  by chapter 456 of the laws of 2001, is amended to read as follows:

    2. The following shall be the disclosure form:


                   PROPERTY CONDITION DISCLOSURE STATEMENT

  NAME OF SELLER OR SELLERS:


  PROPERTY ADDRESS:


    THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF  RESIDEN-
  TIAL  REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
  TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY  THE
  BUYER OF A BINDING CONTRACT OF SALE.

 S. 2198--A                          7

    PURPOSE  OF  STATEMENT:  THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
  INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
  STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR  BY  ANY  AGENT
  REPRESENTING  THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
  ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
  HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
  ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
    A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
  MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
  TRANSFER OF TITLE. IN THE EVENT A  SELLER  FAILS  TO  PERFORM  THE  DUTY
  PRESCRIBED  IN  THIS  ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
  THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER  SHALL
  RECEIVE  UPON  THE  TRANSFER  OF  TITLE A CREDIT OF FIVE HUNDRED DOLLARS
  AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
    "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A  ONE  TO
  FOUR  FAMILY  DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
  PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
  BUT SHALL NOT REFER TO (A) UNIMPROVED  REAL  PROPERTY  UPON  WHICH  SUCH
  DWELLINGS  ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
  APARTMENTS OR (C) PROPERTY ON A  HOMEOWNERS'  ASSOCIATION  THAT  IS  NOT
  OWNED IN FEE SIMPLE BY THE SELLER.

  INSTRUCTIONS TO THE SELLER:

    (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
    (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
  REQUIRED.
    (c) COMPLETE THIS FORM YOURSELF.
    (d)  IF  SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
  PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).

    SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS  TO
  THE  BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
  ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT,  IF  ANY,  TO
  PROVIDE  A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
  TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
  AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.

  GENERAL INFORMATION
    1. HOW LONG HAVE YOU OWNED THE PROPERTY?
    2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
    3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE  TO  BUYER--IF
       THE  STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
       GATE FOR THE PRESENCE OF LEAD BASED PAINT.
    4. DOES ANYBODY OTHER THAN YOURSELF HAVE  A  LEASE,  EASEMENT  OR  ANY
       OTHER  RIGHT  TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
       THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD,  SUCH  AS
       RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
    5. DOES  ANYBODY  ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?  YES NO
       UNKN NA (IF YES, EXPLAIN BELOW)
    6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
       CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO  UNKN  NA  (IF
       YES, EXPLAIN BELOW)
    7. ARE  THERE  ANY  FEATURES  OF  THE  PROPERTY  SHARED IN COMMON WITH
       ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH  AS  WALLS,
       FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)

 S. 2198--A                          8

    8. ARE  THERE  ANY  ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
       SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER  ASSOCIATION  FEES
       THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    9. ARE  THERE  CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?  YES
       NO UNKN NA (IF NO, EXPLAIN BELOW)

  ENVIRONMENTAL
    NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS  REGARD-
  ING  PETROLEUM  PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
  TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE  PROPERTY
  OR  FROM  THE  PROPERTY  ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
  INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE,  DIESEL  FUEL,  HOME  HEATING
  FUEL,  AND  LUBRICANTS.  HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT
  COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON-
  MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED  OR  STORED.    THESE
  INCLUDE,  BUT  ARE  NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI-
  CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA-
  TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND  ROOFING
  MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING
  SOLVENTS  INCLUDING  SEPTIC  TANK  CLEANERS, HOUSEHOLD CLEANERS AND POOL
  CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.

    NOTE TO BUYER - IF  CONTAMINATION  OF  THIS  PROPERTY  FROM  PETROLEUM
  PRODUCTS  AND/OR  HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
  ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.

    10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED  FLOODPLAIN?
        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    11. IS  ANY  OR  ALL  OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL  DISTRICT?    YES    NO
        UNKN  NA (IF YES, EXPLAIN BELOW)
    13. WAS  THE  PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO  UNKN  NA
        (IF YES, EXPLAIN BELOW)
    14. ARE THERE OR HAVE THERE EVER BEEN  FUEL  STORAGE  TANKS  ABOVE  OR
        BELOW  THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES, ARE
        THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
        OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES,  STATE
        LOCATION OR LOCATIONS BELOW)
    16. IS  LEAD  PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
        OR LOCATIONS BELOW)
    17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A  COPY
        OF THE REPORT)
    18. HAS  MOTOR  FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
        ANY OTHER PETROLEUM PRODUCT, METHANE  GAS,  OR  ANY  HAZARDOUS  OR
        TOXIC  SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
        PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY?    YES  NO
        UNKN NA (IF YES, DESCRIBE BELOW)
    19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
        OIL,  HOME  HEATING  FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
        PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES  NO
        UNKN NA (IF YES, ATTACH REPORT(S))

  STRUCTURAL

 S. 2198--A                          9

    20. IS  THERE  ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    21. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    22. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
        DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    23. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
        INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
        REPORT(S))
    24. WHAT  IS  THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
        ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
        FERABLE [WARRANTEE] WARRANTY ON THE ROOF IN  EFFECT  NOW?  YES  NO
        UNKN NA (IF YES, EXPLAIN BELOW)
    25. ARE  THERE  ANY  KNOWN  MATERIAL  DEFECTS  IN ANY OF THE FOLLOWING
        STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS  OR
        PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)

  MECHANICAL SYSTEMS & SERVICES
    26. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
        MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
    27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
        (IF YES, DESCRIBE BELOW)
    28. HAVE ANY WATER TESTS BEEN
        PERFORMED?                    YES        NO        UNKN        NA
    29. WHAT IS THE DATE OF SUCH WATER
        TESTS?                                             UNKN        NA
    30. ATTACH WELL TEST RESULTS.                                      NA
    31. DID THE TEST REVEAL ANY
        FAILURES?                     YES        NO        UNKN        NA
    32. WHICH PARAMETERS FAILED?                           UNKN        NA
    33. WAS REMEDIATION DONE?         YES        NO        UNKN        NA
    34. WHAT TYPE OF REMEDIATION?                          UNKN        NA
    35. WAS THE WELL RETESTED?        YES        NO        UNKN        NA
    36. WHEN WAS THE RETESTING
        PERFORMED?                                         UNKN        NA
    37. ATTACH COPY OF NEW TEST.                                       NA
    38. ANY FURTHER COMMENTS OR INFORMATION RELATING TO YOUR WELL.     NA
        __________________________________________________________________
        __________________________________________________________________
    39. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -  PUBLIC
        SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
        AGE?  ________  DATE  LAST  PUMPED? ________ FREQUENCY OF PUMPING?
        ________ ANY KNOWN MATERIAL DEFECTS?   YES NO  UNKN  NA  (IF  YES,
        EXPLAIN BELOW)
    [29.]  40. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE
        AMPERAGE?  ________  DOES  IT  HAVE  CIRCUIT  BREAKERS  OR  FUSES?
        ________  PRIVATE  OR  PUBLIC  POLES?  ________ ANY KNOWN MATERIAL
        DEFECTS? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    [30.] 41. ARE THERE ANY FLOODING, DRAINAGE OR  GRADING  PROBLEMS  THAT
        RESULTED  IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO
        UNKN NA (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
    [31.] 42. DOES THE BASEMENT HAVE  SEEPAGE  THAT  RESULTS  IN  STANDING
        WATER? YES NO UNKN NA (IF YES, EXPLAIN BELOW)

  ARE  THERE  ANY  KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
  EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):


 S. 2198--A                         10

    [32.] 43.  PLUMBING SYSTEM?             YES     NO        UNKN     NA
    [33.] 44.  SECURITY SYSTEM?             YES     NO        UNKN     NA
    [34.] 45.  CARBON MONOXIDE DETECTOR?    YES     NO        UNKN     NA
    [35.] 46.  SMOKE DETECTOR?              YES     NO        UNKN     NA
    [36.] 47.  FIRE SPRINKLER SYSTEM?       YES     NO        UNKN     NA
    [37.] 48.  SUMP PUMP?                   YES     NO        UNKN     NA
    [38.] 49.  FOUNDATION/SLAB?             YES     NO        UNKN     NA
    [39.] 50.  INTERIOR WALLS/CEILINGS?     YES     NO        UNKN     NA
    [40.] 51.  EXTERIOR WALLS OR SIDING?    YES     NO        UNKN     NA
    [41.] 52.  FLOORS?                      YES     NO        UNKN     NA
    [42.] 53.  CHIMNEY/FIREPLACE OR STOVE?  YES     NO        UNKN     NA
    [43.] 54.  PATIO/DECK?                  YES     NO        UNKN     NA
    [44.] 55.  DRIVEWAY?                    YES     NO        UNKN     NA
    [45.] 56.  AIR CONDITIONER?             YES     NO        UNKN     NA
    [46.] 57.  HEATING SYSTEM?              YES     NO        UNKN     NA
    [47.] 58.  HOT WATER HEATER?            YES     NO        UNKN     NA
    [48.] 59.  THE PROPERTY IS LOCATED IN THE
               FOLLOWING SCHOOL DISTRICT                      UNKN

    NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP-
  ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
    THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
  NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
  TIONAL PAGES ATTACHED.

    ______________________________________________________________________
    ______________________________________________________________________
    ______________________________________________________________________
    ______________________________________________________________________

    SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN  THIS
  PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE AND COMPLETE TO THE
  SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED  BY  THE  SELLER.  IF  A
  SELLER  OF  RESIDENTIAL  REAL  PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
  MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
  PREVIOUSLY, THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY  CONDITION
  DISCLOSURE  STATEMENT  TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
  HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
  TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
  THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.

    SELLER _______________________________________  DATE ________________
    SELLER _______________________________________  DATE ________________

    BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY  OF  THIS
  STATEMENT  AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
  CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO  THE
  SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
  AND  IS  NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
  OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.

    BUYER _______________________________________   DATE ________________
    BUYER _______________________________________   DATE ________________

 S. 2198--A                         11

    S 6. The tax law is amended by adding a new section 606-a to  read  as
  follows:

    S  606-A. CREDITS AGAINST TAX FOR RESIDENTIAL WELL TESTING. A TAXPAYER
  SHALL BE ALLOWED CREDIT FOR THE ACTUAL  COST  OF  THE  RESIDENTIAL  WELL
  TESTING  OR  AN  AMOUNT NOT TO EXCEED THE SCHEDULE OF COSTS CONTAINED IN
  PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION ELEVEN HUNDRED TEN  OF  THE
  PUBLIC  HEALTH  LAW,  WHICHEVER IS LESS, AGAINST THE TAX IMPOSED BY THIS
  ARTICLE.
    S 7. Nothing in this act shall be interpreted as prohibiting any coun-
  ty board of health or county governing body from  adopting  local  laws,
  rules or regulations with respect to private well testing which are more
  stringent  or  impose  additional  requirements than state laws or regu-
  lations.
    S 8. This act shall take effect on the one hundred eightieth day after
  it shall have become a law; provided, however, that effective immediate-
  ly, 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.