Bill Text: NY A01039 | 2013-2014 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2014-06-10 - print number 1039a [A01039 Detail]
Download: New_York-2013-A01039-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1039--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. JAFFEE, ABINANTI, LIFTON, ROBERTS, LAVINE, SANTA-
BARBARA, SCHIMEL, MOSLEY, STECK, COOK, SKOUFIS -- Multi-Sponsored by
-- M. of A. CLARK, GALEF, JACOBS, O'DONNELL, RAMOS, RIVERA, ROBINSON,
THIELE, WEISENBERG -- read once and referred to the Committee on
Health -- recommitted to the Committee on Health in accordance with
Assembly Rule 3, sec. 2 -- reported and referred to the Committee on
Codes -- 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "well water and water supply education act".
3 S 2. Section 206 of the public health law is amended by adding a new
4 subdivision 29 to read as follows:
5 29. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH AND MAIN-
6 TAIN A PUBLIC EDUCATION PROGRAM TO INFORM THE PUBLIC AND APPROPRIATE
7 PROFESSIONAL DISCIPLINES OF THE POTENTIAL HEALTH EFFECTS OF CONSUMING
8 WATER THAT DOES NOT MEET STATE DRINKING WATER STANDARDS. AS PART OF THIS
9 EDUCATION PROGRAM, THE DEPARTMENT SHALL PREPARE MATERIALS TO EDUCATE
10 CONSUMERS WHO OBTAIN DRINKING WATER FROM PRIVATE WATER SUPPLIES ON THE
11 IMPORTANCE OF REGULARLY TESTING FOR CONTAMINATION.
12 (A) SUCH EDUCATIONAL MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO:
13 (I) INFORMATION ON POTENTIAL CONTAMINANTS INCLUDING: COLIFORM BACTE-
14 RIA, CHLORIDES, SODIUM, ARSENIC, NITRATES, IRON, MANGANESE, LEAD, PH,
15 VOLATILE ORGANIC COMPOUNDS FOR WHICH MAXIMUM CONTAMINANT LEVELS HAVE
16 BEEN ESTABLISHED PURSUANT TO PUBLIC HEALTH REGULATIONS, VINYL CHLORIDE,
17 MTBE, AND RADON;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02709-03-4
A. 1039--A 2
1 (II) AN EXPLANATION THAT CONTAMINATION OF GROUNDWATER CAN OCCUR FROM
2 MIGRATION OF CONTAMINANTS THAT MAY NOT YET HAVE BEEN IDENTIFIED.
3 FURTHER, IT SHOULD BE EMPHASIZED THAT CONTAMINATED WATER DOES NOT NECES-
4 SARILY RESULT IN OBVIOUS ODORS OR COLOR CHANGES IN DRINKING WATER AND
5 THAT THE ONLY WAY TO ENSURE THAT WATER MEETS STATE DRINKING WATER STAND-
6 ARDS IS TO HAVE IT TESTED BY A STATE CERTIFIED LABORATORY;
7 (III) INFORMATION ON THE MAXIMUM CONTAMINANT LEVELS, OR PUBLIC HEALTH
8 STANDARDS, FOR THOSE CONTAMINANTS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS
9 PARAGRAPH AND THE POTENTIAL HEALTH IMPACTS OF EXPOSURE TO SUCH CONTAM-
10 INANTS ABOVE SUCH LEVELS;
11 (IV) A RECOMMENDATION THAT ANY WATER TEST CONDUCTED SHOULD BE ANALYZED
12 BY A LABORATORY CERTIFIED BY THE DEPARTMENT TO TEST FOR DRINKING WATER
13 CONTAMINANTS;
14 (V) INFORMATION ON THE IMPORTANCE OF TESTING PRIVATE WATER SUPPLIES
15 REGULARLY FOR CONTAMINANTS, AND A REQUEST THAT RESIDENTS PROVIDE THEIR
16 LOCAL HEALTH DEPARTMENT WITH ANY RESULTS OF TESTS THAT EXCEED STATE
17 STANDARDS; AND
18 (VI) INFORMATION ON WATER TREATMENT TECHNIQUES AND EQUIPMENT.
19 (B) (I) THE DEPARTMENT SHALL MAKE SUCH EDUCATIONAL MATERIALS AVAILABLE
20 TO THE PUBLIC ON THEIR WEBSITE AND UPON REQUEST TO THE GENERAL PUBLIC.
21 (II) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF STATE,
22 SHALL REQUIRE THAT:
23 (A) LICENSED HOME INSPECTORS, AS DEFINED IN SECTION FOUR HUNDRED
24 FORTY-FOUR-B OF THE REAL PROPERTY LAW, ARE PROVIDED WITH SUCH MATERIALS,
25 WHICH SHALL BE PROVIDED BY THE LICENSED HOME INSPECTOR TO EACH CLIENT
26 WHOSE PROPERTY OR POTENTIAL PROPERTY IS SERVED BY A PRIVATE WATER SUPPLY
27 THAT IS THE POTABLE WATER SUPPLY FOR SUCH PROPERTY; AND
28 (B) LICENSED REAL ESTATE SALESMAN, REAL ESTATE BROKERS OR ASSOCIATE
29 REAL ESTATE BROKERS, AS DEFINED IN SECTION FOUR HUNDRED FORTY OF THE
30 REAL PROPERTY LAW, PROVIDE SUCH INFORMATION TO THEIR CLIENTS WHOSE PROP-
31 ERTY OR POTENTIAL PROPERTY IS SERVED BY A PRIVATE WATER SUPPLY THAT IS
32 THE POTABLE WATER SUPPLY FOR SUCH PROPERTY, AT THE TIME SUCH CLIENTS
33 ENTER INTO A CONTRACT FOR THE SALE OF SUCH PROPERTY.
34 S 3. Section 444-g of the real property law is amended by adding a new
35 subdivision 3-a to read as follows:
36 3-A. EVERY HOME INSPECTOR SHALL PROVIDE TO EACH CLIENT, WHO MAY BE AN
37 OWNER, PROSPECTIVE BUYER OR OTHER INTERESTED INDIVIDUAL, WHOSE RESIDENCE
38 OR POTENTIAL RESIDENCE IS SERVED BY A PRIVATE WATER SUPPLY THAT IS THE
39 POTABLE WATER SUPPLY FOR SUCH PROPERTY, EDUCATIONAL MATERIALS PREPARED
40 BY THE DEPARTMENT OF HEALTH PURSUANT TO SUBDIVISION TWENTY-NINE OF
41 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATING TO THE REGULAR
42 TESTING OF THE QUALITY OF DRINKING WATER FROM WELLS AND PRIVATE WATER
43 SUPPLIES.
44 S 4. Section 466 of the real property law, as added by chapter 456 of
45 the laws of 2001, is amended to read as follows:
46 S 466. Duty of an agent. 1. An agent representing a seller of residen-
47 tial real property as a listing broker shall have the duty to timely
48 inform each seller represented by that agent of the seller's obligations
49 under this article. An agent representing a buyer of residential real
50 property, or, if the buyer is not represented by an agent, the agent
51 representing a seller of residential real property and dealing with a
52 prospective buyer, shall have the duty to timely (in any event, before
53 the buyer signs a binding contract of sale) inform such buyer of the
54 buyer's rights and obligations under this article. If an agent performs
55 the duties and obligations imposed upon him or her pursuant to this
56 [section] SUBDIVISION, the agent shall have no further duties under this
A. 1039--A 3
1 article and shall not be liable to any party for a violation of this
2 article.; AND
3 2. IN ADDITION TO ITS DUTIES UNDER SUBDIVISION ONE OF THIS SECTION, AN
4 AGENT REPRESENTING A BUYER OR SELLER OF RESIDENTIAL REAL PROPERTY AS A
5 LISTING BROKER SHALL HAVE THE DUTY TO PROVIDE A PURCHASER OF REAL PROP-
6 ERTY THAT IS SERVED BY A PRIVATE WATER SUPPLY WHICH IS THE POTABLE WATER
7 SUPPLY FOR SUCH PROPERTY WITH PUBLIC EDUCATION INFORMATION CREATED BY
8 THE DEPARTMENT OF HEALTH UNDER SUBDIVISION TWENTY-NINE OF SECTION TWO
9 HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATED TO REGULAR TESTING OF THE
10 QUALITY OF DRINKING WATER FROM SUCH WATER SUPPLIES, AT THE TIME SUCH
11 PURCHASER ENTERS INTO A CONTRACT FOR THE SALE OF SUCH PROPERTY.
12 S 5. Paragraph (j) of subdivision 3 of section 97-b of the state
13 finance law, as added by section 4 of part I of chapter 1 of the laws of
14 2003, is amended and a new paragraph (k) is added to read as follows:
15 (j) with respect to moneys in the hazardous waste remediation over-
16 sight and assistance account, technical assistance grants pursuant to
17 titles thirteen and fourteen of article twenty-seven of the environ-
18 mental conservation law[.]; AND
19 (K) IMPLEMENTATION OF THE WELL WATER AND WATER SUPPLY EDUCATION ACT
20 PURSUANT TO SUBDIVISION TWENTY-NINE OF SECTION TWO HUNDRED SIX OF THE
21 PUBLIC HEALTH LAW.
22 S 6. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law.
