S T A T E O F N E W Y O R K
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667--B
Cal. No. 46
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. JAFFEE, SWEENEY, COOK, SCHIMEL, JEFFRIES, ROSEN-
THAL, ABINANTI, P. RIVERA -- Multi-Sponsored by -- M. of A. BOYLAND,
CASTELLI, CLARK, DINOWITZ, FARRELL, GALEF, McENENY, PEOPLES-STOKES --
read once and referred to the Committee on Environmental Conservation
-- advanced to a third reading, amended and ordered reprinted, retain-
ing its place on the order of third reading -- again amended on third
reading, ordered reprinted, retaining its place on the order of third
reading
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".
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 SECTION ELEVEN HUNDRED TEN OF THE PUBLIC
HEALTH LAW, data from annual water supply statements prepared pursuant
to section eleven hundred fifty-one of the public health law, informa-
tion from the database pursuant to title fourteen of article twenty-sev-
en 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03994-05-2
A. 667--B 2
States geological survey and other sources determined appropriate by the
department.
S 3. 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 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
EXISTING LEVEL OF CONTAMINATION OF DRINKING WATER FROM PRIVATELY OWNED
WELLS.
S 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.
S 5. The public health law is amended by adding a new section 1110 to
read as follows:
S 1110. PRIVATE WELL TESTING. 1. (A) THE DEPARTMENT SHALL PROMULGATE
REGULATIONS PROVIDING FOR THE TESTING OF DRINKING WATER FROM PRIVATE
WELLS LOCATED ON REAL PROPERTY SUBJECT TO THIS SECTION.
(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 STANDARDS
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 LOCATIONS 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) 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
A. 667--B 3
SECTION FIVE HUNDRED TWO OF THIS CHAPTER TO TEST FOR DRINKING WATER
CONSTITUENTS AND SHALL INCLUDE BUT NOT BE LIMITED TO A TEST FOR AT LEAST
THE FOLLOWING CONSTITUENTS: BACTERIA (TOTAL COLIFORM); SODIUM; NITRITES;
NITRATES; IRON; MANGANESE; IRON PLUS MANGANESE; PH; ALL VOLATILE ORGANIC
COMPOUNDS FOR WHICH MAXIMUM CONSTITUENT LEVELS HAVE BEEN ESTABLISHED
PURSUANT TO PUBLIC HEALTH REGULATIONS; AND LEAD.
3. (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION, AND LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT
TO ARTICLE THREE OF THIS CHAPTER MAY RECOMMEND ADDITIONAL TESTING FOR
CONSTITUENTS THAT APPEAR ON A COUNTY OR REGIONAL BASIS INCLUDING BUT NOT
LIMITED TO ARSENIC, BARIUM, FLUORIDE, MERCURY, METHANE, RADIUM, AND
RADON.
(B) THE DEPARTMENT MAY, BY RULE OR REGULATION, EXCLUDE OR LIMIT BY
GEOGRAPHIC AREA OR GEOLOGIC FORMATION, OR BASED UPON WELL RECORDED
INFORMATION, ANY CONSTITUENT 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) FOR EACH CONSTITUENT 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 CONSTITUENT;
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 CONSTITUENT EVEN THOUGH THE MAXIMUM TIME PERIOD FOR TEST VALIDITY
FOR THE CONSTITUENT 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 CONSTITUENT
LEVELS OR OTHER ESTABLISHED WATER QUALITY STANDARDS, IF ANY, PRESCRIBED
BY THE DEPARTMENT FOR EACH CONSTITUENT TESTED AND SHALL BE TRANSMITTED
ON A STANDARDIZED PRIVATE WELL WATER TEST REPORTING FORM PRESCRIBED BY
THE DEPARTMENT. THE FORM 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 INFORMATION REGARDING REME-
DIATION ALTERNATIVES.
(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
A. 667--B 4
APPROPRIATE LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT TO ARTICLE
THREE OF THIS CHAPTER.
(C) THE DEPARTMENT MAY 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 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, 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. 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 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 CONSTITUENTS 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 CONSTITUENT 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.
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 CONSTITUENTS REQUIRED PURSUANT TO SUBDIVISIONS TWO AND THREE
OF THIS SECTION. WITHIN THIRTY 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.
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 CONSTITUENT LEVELS
AND OTHER ESTABLISHED WATER QUALITY STANDARDS, THE POTENTIAL PRESENCE OF
RADIUM IN AT LEAST SOME POTABLE GROUNDWATER SUPPLIES IN THE STATE, THE
A. 667--B 5
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 CONSTITUENTS, 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 AND
MUNICIPALITY OR APPROPRIATE GEOGRAPHIC AREA THEREIN, BUT WHICH DOES NOT
INCLUDE SPECIFIC ADDRESS OR LOCATION INFORMATION.
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.
S 6. 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, 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 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. 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 WATER TEST RESULTS. 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.
S 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 and directed to
be made and completed on or before such effective date.