S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1854--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, SEPULVEDA -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 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".
   § 2. Subdivision 1 of section 3-0315 of the environmental conservation
 law,  as  amended  by  section 12 of part T of chapter 57 of the laws of
 2017, is amended to read as follows:
   1. The department in conjunction with the commissioner of health shall
 create and maintain a geographic information system, and associated data
 storage and analytical systems for purposes of collecting, streamlining,
 and visualizing integrated  data,  permits,  and  relevant  sites  about
 drinking  water  quality  including,  but  not limited to, incorporating
 supply well and monitoring well data, emerging contaminant  data,  water
 quality  monitoring  data,  pertinent data from remediation and landfill
 sites, permitted discharge locations and other  potential  contamination
 risks  to water supplies. Such system shall also incorporate information
 from the source water assessment program collected by the department  of
 health,  INFORMATION COLLECTED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN
 OF THE PUBLIC HEALTH LAW,  data  from  annual  water  supply  statements
 prepared  pursuant  to  section  eleven  hundred fifty-one of the public
 health law, information from the database pursuant to title fourteen  of
 article  twenty-seven  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02776-03-9

 S. 1854--A                          2
 
 from the United States geological survey and  other  sources  determined
 appropriate  by  the department. In addition to facilitating interagency
 coordination and predictive analysis  to  protect  water  quality,  such
 system  shall  provide  state agency information to the public through a
 website, within reasonable limitations  to  ensure  confidentiality  and
 security.
   §  3.  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  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 EXIST-
 ING LEVEL OF CONTAMINATION OF DRINKING WATER FROM PRIVATELY OWNED WELLS.
   § 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.
   § 5. The public health law is amended by adding a new section 1111  to
 read as follows:
   §  1111. 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 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

 S. 1854--A                          3
 
   (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
 THE FOLLOWING CONSTITUENTS: BACTERIA (TOTAL COLIFORM); SODIUM; NITRITES;
 NITRATES;  IRON;  MANGANESE;  IRON PLUS MANGANESE; PH; COPPER; CHLORIDE;
 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  REQUIRE  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 OR 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

 S. 1854--A                          4
 
 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.
   (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 OR A PUBLIC WATER SYSTEM 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 NOTIFICA-
 TION WHICH MAY INCLUDE,  BUT  SHALL  NOT  BE  LIMITED  TO,  THE  MAXIMUM
 CONSTITUENT LEVEL, THE LEVEL OF EXCEEDANCE REPORTED, AND THE DISTANCE OR
 LOCATION OF THE PROPERTIES OR PUBLIC WATER SUPPLY 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  PROSPECTIVE  TENANT
 PRIOR TO THE SIGNING OF A LEASE 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

 S. 1854--A                          5
 
 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
 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.
   §  6.  The real property law is amended by adding a new section 468 to
 read as follows:
   § 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 ELEVEN 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.
   § 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.