S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5979
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law,  the  public  health
   law  and  the  real property 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".
   § 2. Subdivision 1 of section 3-0315 of the environmental conservation
 law, as amended by section 12 of part T of chapter 57  of  the  laws  of
 2017, is amended to read as follows:
   1. The department in conjunction with the commissioner of health shall
 create and maintain a geographic information system, and associated data
 storage and analytical systems for purposes of collecting, streamlining,
 and  visualizing  integrated  data,  permits,  and  relevant sites about
 drinking water quality including,  but  not  limited  to,  incorporating
 supply  well  and monitoring well data, emerging contaminant data, water
 quality monitoring data, pertinent data from  remediation  and  landfill
 sites,  permitted  discharge locations and other potential contamination
 risks to water supplies. Such system shall also incorporate  information
 from  the source water assessment program collected by the department of
 health, INFORMATION COLLECTED PURSUANT TO SECTION ELEVEN HUNDRED  ELEVEN
 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 fourteen 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  available
 from  the  United  States geological survey and other sources determined
 appropriate by the department. In addition to  facilitating  interagency
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05414-01-3
              

 A. 5979                             2
 
 coordination  and  predictive  analysis  to  protect water quality, such
 system shall provide state agency information to the  public  through  a
 website,  within  reasonable  limitations  to ensure confidentiality and
 security.
   §  3.  Section 206 of the public health law is amended by adding a new
 subdivision 32 to read as follows:
   32. THE COMMISSIONER IS AUTHORIZED AND DIRECTED  TO  PROMULGATE  RULES
 AND REGULATIONS TO ESTABLISH STANDARDS FOR THE TESTING OF DRINKING WATER
 FROM  PRIVATELY  OWNED  WELLS.  SUCH  STANDARDS SHALL APPLY TO ANY WATER
 WELLS SUBJECT TO SUBDIVISION EIGHTEEN OF THIS SECTION, AS ADDED BY CHAP-
 TER THREE HUNDRED NINETY-FIVE OF THE LAWS OF  NINETEEN  HUNDRED  NINETY-
 NINE.  SUCH TESTING SHALL BE TO DETERMINE THE QUALITY, SAFETY AND EXIST-
 ING LEVEL OF CONTAMINATION OF DRINKING WATER FROM PRIVATELY OWNED WELLS.
   § 4. Subdivision 1 of section  1100  of  the  public  health  law,  as
 amended  by  chapter  655  of  the  laws  of 1978, is amended to read as
 follows:
   1. The department may make rules and regulations  for  the  protection
 from  contamination  of any or all public OR PRIVATE supplies of potable
 waters and water supplies of the state or United  States,  institutions,
 parks, reservations or posts and their sources within the state, and the
 commissioner of environmental protection of the city of New York and the
 board  of  water  supply of the city of New York may make such rules and
 regulations subject to the approval of the department for the protection
 from contamination of any or all public OR PRIVATE supplies  of  potable
 waters  and  their  sources within the state where the same constitute a
 part of the source of the public OR PRIVATE water supply of said city.
   § 5. The public health law is amended by adding a new section 1111  to
 read as follows:
   §  1111.  PRIVATE  WELL TESTING. 1.   (A) WITHIN NINETY DAYS AFTER THE
 EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT  SHALL  PROMULGATE  REGU-
 LATIONS  PROVIDING  FOR THE TESTING OF DRINKING WATER FROM PRIVATE WELLS
 LOCATED ON REAL PROPERTY SUBJECT TO THIS SECTION.  THE REGULATIONS SHALL
 PROVIDE FOR THE FULL REIMBURSEMENT OF COSTS ASSOCIATED  WITH  THE  WATER
 TESTING REQUIRED UNDER THIS SECTION OR ANY REGULATIONS PROMULGATED THER-
 ETO,  AS WELL AS THE IMPLEMENTATION OF ANY TREATMENT DEEMED NECESSARY BY
 THE DEPARTMENT TO PROTECT HUMAN HEALTH, FROM FUNDS APPROPRIATED  THROUGH
 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR CLEAN WATER INFRASTRUC-
 TURE PROJECTS.
   (B)  ANY  CONTRACT FOR THE SALE OF REAL PROPERTY, INCLUDING A MULTIPLE
 FAMILY DWELLING AS DEFINED IN SECTION EIGHT HUNDRED TWO OF THE EXECUTIVE
 LAW, WHICH IS SERVED BY A PRIVATE WELL THAT IS THE POTABLE WATER  SUPPLY
 FOR  SUCH PROPERTY SHALL INCLUDE A PROVISION REQUIRING AS A CONDITION OF
 SALE, THE TESTING OF SUCH WATER SUPPLY FOR  AT  LEAST  THE  CONTAMINANTS
 PRESCRIBED  PURSUANT  TO  THIS SECTION. 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.
   (C) WATER SAMPLING SHALL BE DONE, PREFERABLY BY A LABORATORY CERTIFIED
 BY THE DEPARTMENT, IN THE FOLLOWING MANNER:
   (I) IF THERE IS NO WATER TREATMENT SYSTEM IN USE  ON  THE  WATER  WELL
 BEING  TESTED,  SAMPLES  SHALL  BE  COLLECTED FROM A PRIMARY COLD WATER,
 NON-AERATED SPIGOT OR TAP THAT DRAWS FROM OR FEEDS WATER TO THE  POTABLE
 WATER SYSTEM FROM SUCH WATER;
   (II)  WHERE  A  WATER  TREATMENT  SYSTEM IS IN USE ON THE WATER SUPPLY
 SYSTEM, THE SAMPLE SHALL BE COLLECTED AS FOLLOWS:
 A. 5979                             3
 
   (A) THE WATER TREATMENT SYSTEM  SHALL  BE  DISCONNECTED  OR  OTHERWISE
 DISABLED PRIOR TO THE COLLECTION OF THE WATER SAMPLE; OR
   (B)  THE  SAMPLE  SHALL  BE COLLECTED AT A LOCATION PRIOR TO THE WATER
 TREATMENT SYSTEM; OR
   (III) IN THE CASE OF A NEW WELL CONSTRUCTION  AND  INSTALLATION  WHERE
 THERE  IS  NO  SPIGOT  OR TAP ON THE SUBJECT PROPERTY, THE SAMPLE MAY BE
 COLLECTED DIRECTLY AT THE WELLHEAD, UTILIZING A RAW WATER SAMPLE.
   2. EVERY 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 AND SHALL INCLUDE BUT NOT BE LIMITED TO A TEST FOR AT LEAST
 THE FOLLOWING CONTAMINANTS: BACTERIA (TOTAL COLIFORM); SODIUM; NITRITES;
 NITRATES; IRON; MANGANESE; IRON PLUS MANGANESE;  PH;  COPPER;  CHLORIDE;
 ALL SPECIFIC ORGANIC CHEMICALS FOR WHICH MAXIMUM CONTAMINANT LEVELS HAVE
 BEEN  ESTABLISHED  PURSUANT TO PUBLIC HEALTH REGULATIONS; LEAD; ARSENIC;
 BARIUM;  FLUORIDE;  MERCURY; METHANE; RADIUM; RADON; GROSS ALPHA  PARTI-
 CLES;  URANIUM;  PERFLUORONONANOIC  ACID (PFNA); PERFLUOROHEXANESULFONIC
 ACID (PFHXS); PERFLUOROHEPTANOIC ACID  (PFHPA);  PERFLUOROBUTANESULFONIC
 ACID   (PFBS); HEXAFLUOROPROPYLENE  OXIDE  DIMER ACID (HFPO-DA); N-ETHYL
 PERFLUOROOCTANESULFONAMIDOACETIC        ACID    (NETFOSAA);     N-METHYL
 PERFLUOROOCTANESULFONAMIDOACETIC ACID (NMEFOSAA); PERFLUORODECANOIC ACID
 (PFDA);   PERFLUORODODECANOIC   ACID   (PFDOA);  PERFLUOROHEXANOIC  ACID
 (PFHXA); PERFLUOROTETRADECANOIC ACID (PFTA);  PERFLUOROTRIDECANOIC  ACID
 (PFTRDA);  PERFLUOROUNDECANOIC ACID (PFUNA); 11-CHLOROEICOSAFLUORO-3-OX-
 AUNDECANE-1-SULFONIC ACID (11CL-PF3OUDS);  9-CHLOROHEXADECAFLUORO-3-OXA-
 NONANE-1-SULFONIC ACID (9CL-PF3ONS); 4,8-DIOXA-3H-PERFLUORONONANOIC ACID
 (ADONA);  NONAFLUORO-3,6-DIOXAHEPTANOIC  ACID (NFDHA); PERFLUOROBUTANOIC
 ACID (PFBA); 1H, 1H, 2H,   2H-PERFLUORODECANE   SULFONIC ACID  (8:2FTS);
 PERFLUORO(2-ETHOXYETHANE)SULFONIC ACID (PFEESA); PERFLUOROHEPTANESULFON-
 IC  ACID  (PFHPS); 1H,1H, 2H, 2H-PERFLUOROHEXANE SULFONIC ACID (4:2FTS);
 PERFLUORO-3-METHOXYPROPANOIC  ACID  (PFMPA); PERFLUORO-4-METHOXYBUTANOIC
 ACID (PFMBA); 1H,1H,  2H,  2H-PERFLUOROOCTANE  SULFONIC  ACID  (6:2FTS);
 PERFLUOROPENTANOIC  ACID  (PFPEA);  AND  PERFLUOROPENTANESULFONIC   ACID
 (PFPES).
   3.  (A) THE DEPARTMENT MAY, BY RULE OR REGULATION, EXCLUDE OR LIMIT BY
 GEOGRAPHIC AREA OR GEOLOGIC  FORMATION,  OR  BASED  UPON  WELL  RECORDED
 INFORMATION,  ANY  CONTAMINANT  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 OR FORMATION NEED NOT BE TESTED AS  PART  OF  ANY
 WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION.
   (B)  FOR  EACH  CONTAMINANT  TO  BE TESTED FOR IN ACCORDANCE WITH THIS
 SECTION, THE DEPARTMENT SHALL ESTABLISH, BY REGULATION  A  MAXIMUM  TIME
 PERIOD  FOR  WHICH  A TEST RESULT SHALL REMAIN VALID FOR THE PURPOSES OF
 THIS SECTION  WITHOUT  NECESSITATING  RETESTING  FOR  SUCH  CONTAMINANT;
 PROVIDED,  HOWEVER,  SUCH  TIME PERIOD SHALL NOT EXCEED TWELVE MONTHS. A
 RETEST OF THE WATER SUPPLY  SHALL  NOT  BE  REQUIRED  PURSUANT  TO  THIS
 SECTION  IF  THE  CONTRACT  OF SALE IS ENTERED INTO WITHIN THE PERIOD OF
 TEST VALIDITY ESTABLISHED PURSUANT TO THIS PARAGRAPH.    NOTWITHSTANDING
 ANY  PROVISION  OF  THIS  PARAGRAPH  TO THE CONTRARY, A BUYER AND SELLER
 SUBJECT TO THE PROVISIONS OF THIS SECTION MAY MUTUALLY AGREE  TO  RETEST
 FOR  A CONTAMINANT EVEN THOUGH THE MAXIMUM TIME PERIOD FOR TEST VALIDITY
 FOR THE  CONTAMINANT  ESTABLISHED  PURSUANT  TO  THIS  SECTION  HAS  NOT
 EXPIRED.
   4.  (A)  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
 A. 5979                             4
 
 BY THE DEPARTMENT FOR EACH CONTAMINANT TESTED AND SHALL  BE  TRANSMITTED
 ON  A  STANDARDIZED PRIVATE WELL WATER TEST REPORTING FORM PRESCRIBED BY
 THE DEPARTMENT.  THE FORM SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, THE
 POTENTIAL  HEALTH  EFFECTS  OF EXPOSURE TO THE CONTAMINANTS, THE CONTACT
 INFORMATION OF  THE  RELEVANT  LOCAL  HEALTH  ORGANIZATIONS  ESTABLISHED
 PURSUANT  TO  ARTICLE  THREE OF THIS CHAPTER, THE CONTACT INFORMATION OF
 THE APPROPRIATE OFFICE OR PERSON WITHIN THE DEPARTMENT  OR  THE  DEPART-
 MENT'S  WEBSITE REGARDING APPROPRIATE TREATMENT TECHNOLOGIES, AND AVAIL-
 ABLE FUNDING TO ASSIST WITH THE INSTALLATION OF TREATMENT TECHNOLOGY.
   (B) WITHIN TEN BUSINESS DAYS AFTER COMPLETION OF  THE  WATER  TEST,  A
 LABORATORY  SHALL  SUBMIT  THE WATER TEST RESULTS TO THE DEPARTMENT 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 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) AN AFFIDAVIT STATING THE DATE AND TIME THAT THE WATER SAMPLE  WAS
 COLLECTED  AND  THE  SPECIFIC POINT OF COLLECTION AND THE LEGAL NAME AND
 MAILING ADDRESS OF THE  PERSON  OR  PERSONS  COLLECTING  THE  RAW  WATER
 SAMPLES;
   (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 WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AND
 APPROPRIATE  LOCAL  HEALTH ORGANIZATIONS ESTABLISHED PURSUANT TO ARTICLE
 THREE OF THIS CHAPTER.
   (C) THE DEPARTMENT SHALL REQUIRE LABORATORIES TO SUBMIT ELECTRONICALLY
 THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) A LABORATORY SHALL NOT RELEASE WATER TEST RESULTS  TO  ANY  PERSON
 EXCEPT  THE BUYER OR SELLER OF THE REAL PROPERTY AT ISSUE AS PROVIDED IN
 SUBDIVISION ONE OF THIS SECTION, THE LESSOR OR LESSEES OF THE REAL PROP-
 ERTY AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION, ANY PERSON  AUTHOR-
 IZED  BY  THE  BUYER, SELLER, OR LESSOR, AS THE CASE MAY BE, THE DEPART-
 MENT, OR ANY PERSON DESIGNATED BY COURT ORDER.
   (E) THE DEPARTMENT SHALL MAKE THE DATA ACCUMULATED FROM THE WATER TEST
 RESULTS SUBMITTED BY LABORATORIES PURSUANT TO THIS SECTION AVAILABLE  TO
 COUNTIES,   MUNICIPALITIES,  OR  OTHER  GOVERNMENTAL  ENTITIES  FOR  THE
 PURPOSES OF STUDYING GROUNDWATER SUPPLIES OR CONTAMINATION IN THE STATE;
 PROVIDED, HOWEVER, THAT IDENTIFYING INFORMATION IS REMOVED.
   (F) 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 TEN 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 APPROPRIATE LOCAL HEALTH ORGAN-
 IZATIONS ESTABLISHED PURSUANT TO ARTICLE THREE OF THIS CHAPTER.   WITHIN
 TEN  BUSINESS  DAYS  OF BEING NOTIFIED BY THE DEPARTMENT OF A WATER TEST
 FAILURE, THE APPROPRIATE LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT
 TO ARTICLE THREE OF THIS CHAPTER SHALL ISSUE A GENERAL NOTICE TO  OWNERS
 OF  REAL  PROPERTY  SERVED BY PRIVATE WELLS AND ANY PUBLIC WATER SYSTEMS
 LOCATED IN THE VICINITY OF THE REAL PROPERTY EXPERIENCING THE WATER TEST
 FAILURE RECOMMENDING THAT THOSE PROPERTY OWNERS OR  WATER  SYSTEMS  TEST
 A. 5979                             5
 
 FOR AT LEAST THE CONTAMINANTS AT ISSUE. 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 OR PUBLIC
 WATER  SUPPLY IN THE VICINITY OF THE CONTAMINATED WELL FOR WHICH TESTING
 IS RECOMMENDED.
   6. WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,  AND  AT
 LEAST  ONCE EVERY FIVE YEARS THEREAFTER, 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 CONTAMINANT REQUIRED PURSUANT TO SUBDIVISIONS TWO AND THREE OF
 THIS SECTION. WITHIN TEN BUSINESS DAYS AFTER THE RECEIPT OF THE  PRIVATE
 WELL  WATER  TESTING  REPORTING FORM ESTABLISHED PURSUANT TO SUBDIVISION
 FOUR OF THIS SECTION, THE LESSOR SHALL ALSO PROVIDE A  WRITTEN  COPY  OF
 THE PRIVATE WELL WATER TESTING REPORTING FORM TO EACH LESSEE OF A RENTAL
 UNIT  ON  THE  PROPERTY. THE LESSOR SHALL ALSO PROVIDE A WRITTEN COPY OF
 THE MOST RECENT PRIVATE WELL WATER TESTING REPORTING FORM TO A  PROSPEC-
 TIVE  TENANT  PRIOR  TO  THE  SIGNING OF A LEASE OF A RENTAL UNIT ON THE
 PROPERTY.
   7. (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, AND LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT
 TO ARTICLE THREE OF THIS CHAPTER SHALL ESTABLISH  A  PUBLIC  INFORMATION
 AND  EDUCATION PROGRAM TO INFORM THE PUBLIC AND APPROPRIATE PROFESSIONAL
 DISCIPLINES OF THE ENACTMENT OF THIS SECTION AND THE  SUBSTANCE  OF  ITS
 PROVISIONS  AND  REQUIREMENTS, THE POTENTIAL HEALTH EFFECTS OF CONSUMING
 WATER FROM A PRIVATE WELL THAT DOES NOT MEET MAXIMUM CONTAMINANT  LEVELS
 AND OTHER ESTABLISHED WATER QUALITY STANDARDS, THE POTENTIAL PRESENCE OF
 RADIUM  IN  AT LEAST SOME POTABLE GROUNDWATER SUPPLIES IN THE STATE, THE
 GEOGRAPHIC AREAS IN THE STATE SUBJECT TO AN ACTUAL OR  POTENTIAL  THREAT
 OF  DANGER  FROM  CONTAMINATED  GROUNDWATER,  THE  IMPORTANCE OF TESTING
 PRIVATE WELLS REGULARLY FOR CONTAMINANTS, AND SUGGESTED WATER  TREATMENT
 TECHNOLOGY,  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) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPART-
 MENT  SHALL  MAKE  AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE A
 GENERAL COMPILATION OF WATER TEST RESULTS FOR ALL  CONTAMINANTS  IDENTI-
 FIED  IN  SUBDIVISION TWO OF THIS SECTION. THE RESULTS SHALL BE ARRANGED
 OR IDENTIFIED BY COUNTY AND MUNICIPALITY OR APPROPRIATE GEOGRAPHIC  AREA
 THEREIN,  BUT WHICH DOES NOT INCLUDE SPECIFIC ADDRESS OR LOCATION INFOR-
 MATION.  THE DEPARTMENT SHALL UPDATE ITS WEBSITE AND ADD NEW WATER  TEST
 RESULTS AT LEAST ANNUALLY.
   8.  WITHIN  THREE  YEARS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
 DEPARTMENT SHALL PREPARE AND TRANSMIT TO THE GOVERNOR AND LEGISLATURE  A
 REPORT  ON THE IMPLEMENTATION AND OPERATION OF THIS SECTION. SUCH REPORT
 SHALL ALSO DESCRIBE THE BENEFITS AND DEFICIENCIES REALIZED AS  A  RESULT
 OF THIS SECTION AND INCLUDE RECOMMENDATIONS FOR ANY APPROPRIATE LEGISLA-
 TIVE  ACTION.  THE REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND
 BE POSTED ON THE DEPARTMENT'S WEBSITE.
   § 6. The real property law is amended by adding a new section  468  to
 read as follows:
   §  468.  PRIVATE WELL TESTING REQUIREMENTS.  1. EVERY CONTRACT FOR THE
 SALE OF REAL PROPERTY, INCLUDING A MULTIPLE FAMILY DWELLING  AS  DEFINED
 IN  SECTION EIGHT HUNDRED TWO OF THE EXECUTIVE LAW, WHICH IS SERVED BY A
 A. 5979                             6
 
 PRIVATE WELL THAT IS THE POTABLE WATER SUPPLY FOR  SUCH  PROPERTY  SHALL
 INCLUDE  A  PROVISION  REQUIRING  AS A CONDITION OF SALE, THE TESTING OF
 SUCH WATER SUPPLY FOR AT LEAST  THE  STANDARDS  PRESCRIBED  PURSUANT  TO
 SECTION  ELEVEN  HUNDRED  ELEVEN 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. 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 THE PRIVATE WELL WATER TESTING REPORTING FORM ESTABLISHED PURSUANT TO
 SUBDIVISION FOUR OF SECTION ELEVEN HUNDRED ELEVEN OF THE  PUBLIC  HEALTH
 LAW.    AT  CLOSING,  THE BUYER AND SELLER BOTH SHALL CERTIFY IN WRITING
 THAT THEY HAVE RECEIVED AND REVIEWED THE WATER TEST RESULTS.
   3. THE REQUIREMENTS OF THIS SECTION MAY NOT BE WAIVED.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.