S T A T E   O F   N E W   Y O R K
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                                  1194--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of A. JAFFEE, COOK, COLTON, ABINANTI, HUNTER, SIMON,
   GALEF, D'URSO, GOTTFRIED, BARRON, CAHILL,  FAHY,  WILLIAMS,  JACOBSON,
   REYES,  SAYEGH,  MONTESANO,  DICKENS,  TAYLOR, STIRPE, ASHBY, GRIFFIN,
   BICHOTTE, STECK, ARROYO, LAWRENCE -- Multi-Sponsored by --  M.  of  A.
   DAVILA, HYNDMAN, MORINELLO, ORTIZ, THIELE -- read once and referred to
   the  Committee  on Health -- reported and referred to the Committee on
   Ways  and  Means  --  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".
   §  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, PFOA, PFOS, 1,4-DIOXANE, OTHER EMERGING CONTAMINANTS AS SUCH  TERM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02777-02-9
              

 A. 1194--A                          2
 
 IS  DEFINED IN SECTION ONE THOUSAND ONE HUNDRED TWELVE OF THIS TITLE 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;
   (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;
   (VI) INFORMATION ON WATER TREATMENT TECHNIQUES AND EQUIPMENT; AND
   (VII) CONTACT INFORMATION OF THE RELEVANT LOCAL HEALTH ORGANIZATIONS.
   (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

 A. 1194--A                          3
 
 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
 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 amended by section 5 of part T of chapter 57 of the laws
 of 2017, 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.