S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    310
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by  M.  of  A. JAFFEE, LAVINE, COOK, MOSLEY, COLTON, ARROYO,
   ABINANTI, HUNTER -- Multi-Sponsored by --  M.  of  A.  GALEF,  RIVERA,
   THIELE -- read once and referred 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  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".
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 31 to read as follows:
   31. 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
 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.
              

                                                            LBD01765-02-7

 A. 310                              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 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 SALESMEN, 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.
   § 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 THIRTY-ONE 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.
   §  4. Section 466 of the real property law, as added by chapter 456 of
 the laws of 2001, is amended to read as follows:
   § 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] SUBDIVISION, 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. IN ADDITION TO ITS DUTIES UNDER SUBDIVISION ONE OF THIS SECTION, AN
 AGENT  REPRESENTING  A BUYER OR SELLER OF RESIDENTIAL REAL PROPERTY AS A
 LISTING BROKER SHALL HAVE THE DUTY TO PROVIDE A PURCHASER OF REAL  PROP-
 ERTY THAT IS SERVED BY A PRIVATE WATER SUPPLY WHICH IS THE POTABLE WATER

 A. 310                              3
 
 SUPPLY  FOR  SUCH  PROPERTY WITH PUBLIC EDUCATION INFORMATION CREATED BY
 THE DEPARTMENT OF HEALTH UNDER SUBDIVISION  THIRTY-ONE  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.
   § 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  THIRTY-ONE  OF SECTION TWO HUNDRED SIX OF THE
 PUBLIC HEALTH LAW.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.