Establishes a demonstration program for private well water testing requirements for the sale of real property in certain counties.
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.
STATE OF NEW YORK ________________________________________________________________________ 2198--A 2011-2012 Regular Sessions IN 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 PARAMETERSS. 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)) STRUCTURALS. 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.