S. 2198 2
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-
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
S. 2198 3
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;
(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
S. 2198 4
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 PARAMETERS
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
S. 2198 5
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 TWELVE UNTIL OCTOBER THIR-
TY-FIRST, TWO THOUSAND FOURTEEN, 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 REIM-
BURSED FOR THE COST OF THE TESTING OF THE PRIVATE WELL FROM THE HAZARD-
OUS WASTE REMEDIATION OVERSIGHT AND ASSISTANCE ACCOUNT PURSUANT TO
SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW, UPON PROVIDING THE
DEPARTMENT WITH A RECEIPT EVIDENCING THE COST OF THE TEST AND ANY OTHER
S. 2198 6
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.
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
S. 2198 7
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)
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)
S. 2198 8
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))
STRUCTURAL
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)
S. 2198 9
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.):
[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
S. 2198 10
[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 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
S. 2198 11
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.
