Creates the well water and water supply education act; requires the department of health to establish and maintain a public education program on the potential hazards of private water supplies; requires home inspectors, licensed real estate agents and brokers to provide private water supply education materials to prospective buyers of property where such property is serviced by a private water supply.
TITLE OF BILL: An act to amend the public health law, the real property law and the state finance law, in relation to enacting the well water and water supply education act
PURPOSE: To inform the public of the potential health effects of consuming water that does not meet the state drinking water standards.
SUMMARY OF PROVISIONS: Section 1 creates the Well Water Education Act.
Section 2 amends Section 206 of the Public Health Law to authorize and direct the Commissioner of the Department of Health to establish and maintain a public education program regarding the potential health effects of consuming water that does not meet the state drinking water standards.
Section 3 amends Section 444-g of the Real Property Law to require home inspectors to provide each client whose potential residence is served by a private water supply with educational materials prepared by the Department of Health.
Section 4 amends Section 466 of the Real Property Law to require real estate agents to provide a potential purchaser of real property that is served by a private water supply with educational materials prepared by the Department of Health upon the execution of a contract for the sale of real property.
Section 5 amends Section 97-b of the State Finance Law to access moneys in the Hazardous Waste Remediation Oversight and Assistance Account.
Section 6 sets the effective date 180 days after it shall have become law.
JUSTIFICATION: Homeowners with private wells should be informed and made aware of potential health effects from consuming water that does not meet state drinking water standards. This legislation seeks to provide the public with educational materials containing information on potential contaminants, migration of contamination in groundwater and to advise homeowners that well water should be tested regularly by a certified lab.
This new bill rectifies the Governor's concerns expressed in his veto message in 2008 regarding the expense of developing and distributing materials to home buyers by utilizing the Hazardous Waste Remediation Oversight and Assistance Account.
2011: Died in Finance 2009-10: S.4038 -Referred to Health 2008: S.8641 - Passed Senate; Veto No. 86
FISCAL IMPLICATIONS: Nominal expenses for developing and distributing materials will be paid through the Hazardous Waste Remediation Oversight and Assistance Account.
EFFECTIVE DATE: 180 days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4755--B 2011-2012 Regular Sessions IN SENATE April 18, 2011 ___________Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favora- bly from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, the real property law and the state finance law, in relation to enacting the well water and water supply education 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 "well water and water supply education act". S 2. Section 206 of the public health law is amended by adding a new subdivision 29 to read as follows: 29. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH AND MAIN- TAIN A PUBLIC EDUCATION PROGRAM TO INFORM THE PUBLIC AND APPROPRIATE PROFESSIONAL DISCIPLINES OF THE POTENTIAL HEALTH EFFECTS OF CONSUMING WATER THAT DOES NOT MEET STATE DRINKING WATER STANDARDS. AS PART OF THIS EDUCATION PROGRAM, THE DEPARTMENT SHALL PREPARE MATERIALS TO EDUCATE CONSUMERS WHO OBTAIN DRINKING WATER FROM PRIVATE WATER SUPPLIES ON THE IMPORTANCE OF REGULARLY TESTING FOR CONTAMINATION. (A) SUCH EDUCATIONAL MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) INFORMATION ON POTENTIAL CONTAMINANTS INCLUDING: COLIFORM BACTE- RIA, CHLORIDES, SODIUM, ARSENIC, NITRATES, IRON, MANGANESE, LEAD, PH, VOLATILE ORGANIC COMPOUNDS FOR WHICH MAXIMUM CONTAMINANT LEVELS HAVE BEEN ESTABLISHED PURSUANT TO PUBLIC HEALTH REGULATIONS, VINYL CHLORIDE, MTBE, AND RADON;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05590-04-2 S. 4755--B 2
(II) AN EXPLANATION THAT CONTAMINATION OF GROUNDWATER CAN OCCUR FROM MIGRATION OF CONTAMINANTS THAT MAY NOT YET HAVE BEEN IDENTIFIED. FURTHER, IT SHOULD BE EMPHASIZED THAT CONTAMINATED WATER DOES NOT NECES- SARILY RESULT IN OBVIOUS ODORS OR COLOR CHANGES IN DRINKING WATER AND THAT THE ONLY WAY TO ENSURE THAT WATER MEETS STATE DRINKING WATER STAND- ARDS IS TO HAVE IT TESTED BY A STATE CERTIFIED LABORATORY; (III) INFORMATION ON THE MAXIMUM CONTAMINANT LEVELS, OR PUBLIC HEALTH STANDARDS, FOR THOSE CONTAMINANTS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AND THE POTENTIAL HEALTH IMPACTS OF EXPOSURE TO SUCH CONTAM- INANTS ABOVE SUCH LEVELS; (IV) A RECOMMENDATION THAT ANY WATER TEST CONDUCTED SHOULD BE ANALYZED BY A LABORATORY CERTIFIED BY THE DEPARTMENT TO TEST FOR DRINKING WATER CONTAMINANTS; (V) INFORMATION ON THE IMPORTANCE OF TESTING PRIVATE WATER SUPPLIES REGULARLY FOR CONTAMINANTS, AND A REQUEST THAT RESIDENTS PROVIDE THEIR LOCAL HEALTH DEPARTMENT WITH ANY RESULTS OF TESTS THAT EXCEED STATE STANDARDS; AND (VI) INFORMATION ON WATER TREATMENT TECHNIQUES AND EQUIPMENT. (B) (I) THE DEPARTMENT SHALL MAKE SUCH EDUCATIONAL MATERIALS AVAILABLE TO THE PUBLIC ON THEIR WEBSITE AND UPON REQUEST TO THE GENERAL PUBLIC. (II) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF STATE, SHALL REQUIRE THAT: (A) LICENSED HOME INSPECTORS, AS DEFINED IN SECTION FOUR HUNDRED FORTY-FOUR-B OF THE REAL PROPERTY LAW, ARE PROVIDED WITH SUCH MATERIALS, WHICH SHALL BE PROVIDED BY THE LICENSED HOME INSPECTOR TO EACH CLIENT WHOSE PROPERTY OR POTENTIAL PROPERTY IS SERVED BY A PRIVATE WATER SUPPLY THAT IS THE POTABLE WATER SUPPLY FOR SUCH PROPERTY; AND (B) LICENSED REAL ESTATE SALESMAN, REAL ESTATE BROKERS OR ASSOCIATE REAL ESTATE BROKERS, AS DEFINED IN SECTION FOUR HUNDRED FORTY OF THE REAL PROPERTY LAW, PROVIDE SUCH INFORMATION TO THEIR CLIENTS WHOSE PROP- ERTY OR POTENTIAL PROPERTY IS SERVED BY A PRIVATE WATER SUPPLY THAT IS THE POTABLE WATER SUPPLY FOR SUCH PROPERTY, AT THE TIME SUCH CLIENTS ENTER INTO A CONTRACT FOR THE SALE OF SUCH PROPERTY. S 3. Section 444-g of the real property law is amended by adding a new subdivision 3-a to read as follows: 3-A. EVERY HOME INSPECTOR SHALL PROVIDE TO EACH CLIENT, WHO MAY BE AN OWNER, PROSPECTIVE BUYER OR OTHER INTERESTED INDIVIDUAL, WHOSE RESIDENCE OR POTENTIAL RESIDENCE IS SERVED BY A PRIVATE WATER SUPPLY THAT IS THE POTABLE WATER SUPPLY FOR SUCH PROPERTY, EDUCATIONAL MATERIALS PREPARED BY THE DEPARTMENT OF HEALTH PURSUANT TO SUBDIVISION TWENTY-NINE OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATING TO THE REGULAR TESTING OF THE QUALITY OF DRINKING WATER FROM WELLS AND PRIVATE WATER SUPPLIES. S 4. Section 466 of the real property law, as added by chapter 456 of the laws of 2001, is amended to read as follows: S 466. Duty of an agent. 1. An agent representing a seller of residen- tial real property as a listing broker shall have the duty to timely inform each seller represented by that agent of the seller's obligations under this article. An agent representing a buyer of residential real property, or, if the buyer is not represented by an agent, the agent representing a seller of residential real property and dealing with a prospective buyer, shall have the duty to timely (in any event, before the buyer signs a binding contract of sale) inform such buyer of the buyer's rights and obligations under this article
[. If an agent performs the duties and obligations imposed upon him or her pursuant to this; AND 2. AN AGENT REPRESENTING A BUYER OR SELLER OF RESIDENTIAL REAL PROPER- TY AS A LISTING BROKER SHALL HAVE THE DUTY TO PROVIDE A PURCHASER OF REAL PROPERTY THAT IS SERVED BY A PRIVATE WATER SUPPLY WHICH IS THE POTABLE WATER SUPPLY FOR SUCH PROPERTY WITH PUBLIC EDUCATION INFORMATION CREATED BY THE DEPARTMENT OF HEALTH UNDER SUBDIVISION TWENTY-NINE OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATED TO REGULAR TESTING OF THE QUALITY OF DRINKING WATER FROM SUCH WATER SUPPLIES, AT THE TIME SUCH PURCHASER ENTERS INTO A CONTRACT FOR THE SALE OF SUCH PROPERTY. 3. IF AN AGENT PERFORMS THE DUTIES AND OBLIGATIONS IMPOSED UPON HIM OR HER BY SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE AGENT SHALL HAVE NO FURTHER DUTIES UNDER THIS ARTICLE AND SHALL NOT BE LIABLE TO ANY PARTY FOR A VIOLATION OF THIS ARTICLE. S 5. Paragraph (j) of subdivision 3 of section 97-b of the state finance law, as added by section 4 of part I of chapter 1 of the laws of 2003, is amended and a new paragraph (k) is added to read as follows: (j) with respect to moneys in the hazardous waste remediation over- sight and assistance account, technical assistance grants pursuant to titles thirteen and fourteen of article twenty-seven of the environ- mental conservation lawS. 4755--B 3
section, the agent shall have no further duties under this article and shall not be liable to any party for a violation of this article.]
[.]; AND (K) IMPLEMENTATION OF THE WELL WATER AND WATER SUPPLY EDUCATION ACT PURSUANT TO SUBDIVISION TWENTY-NINE OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW. S 6. This act shall take effect on the one hundred eightieth day after it shall have become a law.