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

                                  1040

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  JAFFEE,  SWEENEY,  COOK, SCHIMEL, ROSENTHAL,
  ABINANTI, WEISENBERG, STEVENSON -- Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  CLARK,  DINOWITZ, FARRELL, GALEF, O'DONNELL, PEOPLES-STOKES,
  PERRY -- read once and referred  to  the  Committee  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".
  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
States geological survey and other sources determined appropriate by the
department.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02602-01-3
              

A. 1040                             2

  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
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

A. 1040                             3

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
APPROPRIATE LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT  TO  ARTICLE
THREE OF THIS CHAPTER.

A. 1040                             4

  (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
GEOGRAPHIC  AREAS  IN THE STATE SUBJECT TO AN ACTUAL OR POTENTIAL THREAT
OF DANGER FROM  CONTAMINATED  GROUNDWATER,  THE  IMPORTANCE  OF  TESTING

A. 1040                             5

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.