S T A T E   O F   N E W   Y O R K
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                                  4038

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, the real  property  law  and  the
  state  finance  law,  in relation to enacting the well water 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 education act".
  S 2. Section 206 of the public health law is amended by adding  a  new
subdivision 26 to read as follows:
  26. 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 WELLS 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;
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03648-03-9

              

S. 4038                             2

  (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
CONDUCTED BY A LABORATORY CERTIFIED BY THE DEPARTMENT TO TEST FOR DRINK-
ING WATER CONTAMINANTS;
  (V) INFORMATION ON THE IMPORTANCE OF TESTING PRIVATE  WELLS  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 WELL 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 WELL THAT IS THE POTA-
BLE  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 WELL THAT IS THE POTABLE
WATER SUPPLY FOR SUCH PROPERTY, EDUCATIONAL MATERIALS  PREPARED  BY  THE
DEPARTMENT  OF  HEALTH PURSUANT TO SUBDIVISION TWENTY-SIX OF SECTION TWO
HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATING TO THE REGULAR TESTING  OF
THE QUALITY OF DRINKING WATER FROM WELLS.
  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
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
  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 WELL WHICH IS THE POTABLE
WATER SUPPLY FOR SUCH PROPERTY WITH PUBLIC EDUCATION INFORMATION CREATED
BY THE DEPARTMENT OF HEALTH UNDER SUBDIVISION TWENTY-SIX OF SECTION  TWO
HUNDRED  SIX  OF THE PUBLIC HEALTH LAW RELATED TO REGULAR TESTING OF THE

S. 4038                             3

QUALITY OF DRINKING WATER FROM SUCH WELLS, 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 law[.]; AND
  (K) IMPLEMENTATION OF THE WELL WATER EDUCATION ACT PURSUANT TO SECTION
TWENTY-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.