NY State Senate Bill 2011-S4755

Senate Bill S4755

2011-2012 Legislative Session

Creates the well water and water supply education act; requires public education program on the potential hazards of private water supplies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2012	reported and committed to finance
Jan 26, 2012	print number 4755b
Jan 26, 2012	amend and recommit to health
Jan 04, 2012	referred to health
Jun 08, 2011	print number 4755a
Jun 08, 2011	amend (t) and recommit to finance
May 17, 2011	reported and committed to finance
Apr 18, 2011	referred to health

Votes

- May 15, 2012 - Health Committee Vote
  S4755
  
  15
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 15, 2012
      
      aye (15)
      
      Adams
      
      Ball
      
      Duane
      
      Farley
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (2)
      
      Gianaris
      
      Peralta
  May 17, 2011 - Health Committee Vote
  S4755
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 17, 2011
      
      aye (14)
      
      Ball
      
      Duane
      
      Farley
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (2)
      
      Adams
      
      Kruger
      
      excused (1)
      
      Montgomery

Bill Amendments

Original

B (Active)

2011-S4755 - Details

See Assembly Version of this Bill:: A7866
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; amd §§444-g & 466, RP L; amd §97-b, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4038
2013-2014: A1039
2015-2016: A804
2017-2018: A310
2019-2020: A1194

2011-S4755 - Summary

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.

2011-S4755 - Sponsor Memo

                                BILL NUMBER:S4755

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 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 well 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 well 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.

LEGISLATIVE HISTORY:
2009-2010: 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.

2011-S4755 - Bill Text download pdf

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

                                  4755

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 18, 2011
                               ___________

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 28 to read as follows:
  28. 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.
                                                           LBD05590-01-1

S. 4755                             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-EIGHT 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-EIGHT OF SECTION
TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATED TO REGULAR  TESTING  OF

S. 4755                             3

THE QUALITY OF DRINKING WATER FROM SUCH WELLS, AT THE TIME SUCH PURCHAS-
ER 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  SUBDI-
VISION TWENTY-EIGHT OF SECTION TWO HUNDRED SIX THE PUBLIC HEALTH LAW.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2011-S4755A - Details

See Assembly Version of this Bill:: A7866
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; amd §§444-g & 466, RP L; amd §97-b, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4038
2013-2014: A1039
2015-2016: A804
2017-2018: A310
2019-2020: A1194

2011-S4755A - Summary

2011-S4755A - Sponsor Memo

                                BILL NUMBER:S4755A

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.

LEGISLATIVE HISTORY:
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.

2011-S4755A - Bill Text download pdf

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

                                 4755--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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

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 28 to read as follows:
  28. 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;
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05590-02-1

S. 4755--A                          2

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-EIGHT 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
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 WATER SUPPLY WHICH IS THE

S. 4755--A                          3

POTABLE WATER SUPPLY FOR SUCH PROPERTY WITH PUBLIC EDUCATION INFORMATION
CREATED BY THE DEPARTMENT OF HEALTH UNDER  SUBDIVISION  TWENTY-EIGHT  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 law[.]; AND
  (K) IMPLEMENTATION OF THE WELL WATER AND WATER  SUPPLY  EDUCATION  ACT
PURSUANT  TO  SUBDIVISION TWENTY-EIGHT 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.

2011-S4755B (ACTIVE) - Details

See Assembly Version of this Bill:: A7866
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; amd §§444-g & 466, RP L; amd §97-b, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4038
2013-2014: A1039
2015-2016: A804
2017-2018: A310
2019-2020: A1194

2011-S4755B (ACTIVE) - Summary

2011-S4755B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4755B

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.

LEGISLATIVE HISTORY:


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.

2011-S4755B (ACTIVE) - Bill Text download pdf

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

                                 4755--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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

S. 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
  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 law[.]; 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.

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