Bill Text: NY A01103 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "private well testing act"; authorizes the department of health to promulgate rules and regulations to establish standards for the testing of drinking water from privately owned wells.
Spectrum: Moderate Partisan Bill (Democrat 44-10)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A01103 Detail]
Download: New_York-2019-A01103-Introduced.html
Bill Title: Enacts the "private well testing act"; authorizes the department of health to promulgate rules and regulations to establish standards for the testing of drinking water from privately owned wells.
Spectrum: Moderate Partisan Bill (Democrat 44-10)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A01103 Detail]
Download: New_York-2019-A01103-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1103 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. JAFFEE, COOK, STECK, ABINANTI, FAHY, L. ROSEN- THAL, GALEF, JEAN-PIERRE, D'URSO, GOTTFRIED, CAHILL, McDONOUGH, RICH- ARDSON -- Multi-Sponsored by -- M. of A. DINOWITZ, ENGLEBRIGHT, EPSTEIN, PERRY, SIMON, WALKER -- read once and referred to the Commit- tee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "private well testing act". 3 § 2. Subdivision 1 of section 3-0315 of the environmental conservation 4 law, as amended by section 12 of part T of chapter 57 of the laws of 5 2017, is amended to read as follows: 6 1. The department in conjunction with the commissioner of health shall 7 create and maintain a geographic information system, and associated data 8 storage and analytical systems for purposes of collecting, streamlining, 9 and visualizing integrated data, permits, and relevant sites about 10 drinking water quality including, but not limited to, incorporating 11 supply well and monitoring well data, emerging contaminant data, water 12 quality monitoring data, pertinent data from remediation and landfill 13 sites, permitted discharge locations and other potential contamination 14 risks to water supplies. Such system shall also incorporate information 15 from the source water assessment program collected by the department of 16 health, information collected pursuant to section eleven hundred eleven 17 of the public health law, data from annual water supply statements 18 prepared pursuant to section eleven hundred fifty-one of the public 19 health law, information from the database pursuant to title fourteen of 20 article twenty-seven of this chapter, and any other existing data 21 regarding soil and groundwater contamination currently gathered by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02776-01-9A. 1103 2 1 department, as well as data on contamination that is readily available 2 from the United States geological survey and other sources determined 3 appropriate by the department. In addition to facilitating interagency 4 coordination and predictive analysis to protect water quality, such 5 system shall provide state agency information to the public through a 6 website, within reasonable limitations to ensure confidentiality and 7 security. 8 § 3. Section 206 of the public health law is amended by adding a new 9 subdivision 31 to read as follows: 10 31. The commissioner is authorized and directed to promulgate rules 11 and regulations to establish standards for the testing of drinking water 12 from privately owned wells. Such standards shall apply to any water 13 wells subject to subdivision eighteen of this section, as added by chap- 14 ter three hundred ninety-five of the laws of nineteen hundred ninety- 15 nine. Such testing shall be to determine the quality, safety and exist- 16 ing level of contamination of drinking water from privately owned wells. 17 § 4. Subdivision 1 of section 1100 of the public health law, as 18 amended by chapter 655 of the laws of 1978, is amended to read as 19 follows: 20 1. The department may make rules and regulations for the protection 21 from contamination of any or all public or private supplies of potable 22 waters and water supplies of the state or United States, institutions, 23 parks, reservations or posts and their sources within the state, and the 24 commissioner of environmental protection of the city of New York and the 25 board of water supply of the city of New York may make such rules and 26 regulations subject to the approval of the department for the protection 27 from contamination of any or all public or private supplies of potable 28 waters and their sources within the state where the same constitute a 29 part of the source of the public or private water supply of said city. 30 § 5. The public health law is amended by adding a new section 1111 to 31 read as follows: 32 § 1111. Private well testing. 1. (a) The department shall promulgate 33 regulations providing for the testing of drinking water from private 34 wells located on real property subject to this section. 35 (b) Any contract for the sale of real property, including a multiple 36 family dwelling as defined in section eight hundred two of the executive 37 law, which is served by a private well that is the potable water supply 38 for such property shall include a provision requiring as a condition of 39 sale, the testing of such water supply for at least the standards 40 prescribed pursuant to this section. Provisions of this section shall 41 not apply to property where the potable water supply has five or more 42 service connections or that regularly serves an average of twenty-five 43 or more individuals daily for at least sixty days out of the year. 44 (c) Water sampling shall be done, preferably by a laboratory certified 45 by the department, in the following manner: 46 (i) if there is no water treatment system in use on the water well 47 being tested, samples shall be collected from a primary cold water, 48 non-aerated spigot or tap that draws from or feeds water to the potable 49 water system from such water; 50 (ii) where a water treatment system is in use on the water supply 51 system, the sample shall be collected as follows: 52 (A) the water treatment system shall be disconnected or otherwise 53 disabled prior to the collection of the water sample; or 54 (B) the sample shall be collected at a location prior to the water 55 treatment system; orA. 1103 3 1 (iii) in the case of a new well construction and installation where 2 there is no spigot or tap on the subject property, the sample may be 3 collected directly at the wellhead, utilizing a raw water sample. 4 2. Every water test conducted in accordance with this section shall be 5 conducted by a laboratory certified by the department pursuant to 6 section five hundred two of this chapter to test for drinking water 7 constituents and shall include but not be limited to a test for at least 8 the following constituents: bacteria (total coliform); sodium; nitrites; 9 nitrates; iron; manganese; iron plus manganese; pH; all volatile organic 10 compounds for which maximum constituent levels have been established 11 pursuant to public health regulations; and lead. 12 3. (a) The department, in consultation with the department of environ- 13 mental conservation, and local health organizations established pursuant 14 to article three of this chapter may recommend additional testing for 15 constituents that appear on a county or regional basis including but not 16 limited to arsenic, barium, fluoride, mercury, methane, radium, and 17 radon. 18 (b) The department may, by rule or regulation, exclude or limit by 19 geographic area or geologic formation, or based upon well recorded 20 information, any constituent listed in this section deemed by the 21 department as not significant in a county or in any specific area within 22 a county and such area of formation need not be tested as part of any 23 water test conducted in accordance with this section. 24 (c) For each constituent to be tested for in accordance with this 25 section, the department shall establish, by regulation a maximum time 26 period for which a test result shall remain valid for the purposes of 27 this section without necessitating retesting for such constituent; 28 provided, however, such time period shall not exceed twelve months. A 29 retest of the water supply shall not be required pursuant to this 30 section if the contract of sale is entered into within the period of 31 test validity established pursuant to this paragraph. Notwithstanding 32 any provision of this paragraph to the contrary, a buyer and seller 33 subject to the provisions of this section may mutually agree to retest 34 for a constituent even though the maximum time period for test validity 35 for the constituent established pursuant to this section has not 36 expired. 37 4. (a) Any water test results provided by a laboratory to the person 38 or persons requesting the test shall include the maximum constituent 39 levels or other established water quality standards, if any, prescribed 40 by the department for each constituent tested and shall be transmitted 41 on a standardized private well water test reporting form prescribed by 42 the department. The form shall refer the buyer and seller of the real 43 property in question to the appropriate office or person within the 44 department, or the department's website for information regarding reme- 45 diation alternatives. 46 (b) Within ten business days after completion of the water test, a 47 laboratory shall submit the water test results to the department with 48 the following information: 49 (i) a statement that the testing is for the purpose of complying with 50 the "private well testing act"; 51 (ii) the location of the real property, described by block and lot 52 number, street address, municipality, and county; 53 (iii) the name and mailing address of the person or persons making the 54 request for the test; 55 (iv) an affidavit stating the date and time that the water sample was 56 collected and the specific point of collection and the legal name andA. 1103 4 1 mailing address of the person or persons collecting the raw water 2 samples; 3 (v) the date and time the sample was analyzed by the laboratory; and 4 (vi) such other information as may be required by the department, in 5 consultation with the department of environmental conservation and 6 appropriate local health organizations established pursuant to article 7 three of this chapter. 8 (c) The department may require laboratories to submit electronically 9 the information required pursuant to paragraph (b) of this subdivision. 10 (d) A laboratory shall not release water test results to any person 11 except the buyer or seller of the real property at issue as provided in 12 subdivision one of this section, the lessor of the real property as 13 provided in subdivision six of this section, any person authorized by 14 the buyer, seller, or lessor, as the case may be, the department, or any 15 person designated by court order. 16 (e) The department shall make the data accumulated from the water test 17 results submitted by laboratories pursuant to this section available to 18 counties, municipalities, or other governmental entities for the 19 purposes of studying groundwater supplies or contamination in the state; 20 provided, however, that identifying information is removed. 21 (f) The results of water well tests shall be provided to the depart- 22 ment of environmental conservation for inclusion in the statewide 23 groundwater remediation strategy developed in accordance with section 24 15-3109 of the environmental conservation law and the geographic infor- 25 mation system developed in accordance with section 3-0315 of the envi- 26 ronmental conservation law. 27 5. The department, within ten business days after receiving any report 28 of a water test failure in accordance with this section, shall provide 29 notice of such water test failure to the appropriate local health organ- 30 izations established pursuant to article three of this chapter. The 31 appropriate local health organizations established pursuant to article 32 three of this chapter shall issue a general notice to owners of real 33 property served by private wells located in the vicinity of the real 34 property experiencing the water test failure suggesting or recommending 35 that those property owners may wish to have their private wells tested 36 for at least the constituents at issue. The specific address or location 37 of the private well that failed a water test shall not be identified in 38 the notice or by any other means or in any other manner. The department 39 shall establish criteria for notification which may include, but shall 40 not be limited to, the maximum constituent level, the level of excee- 41 dance reported, and the distance or location of the properties in the 42 vicinity of the contaminated well for which testing is recommended. 43 6. Within two years after the effective date of this section, and at 44 least once every five years thereafter, the lessor of any real property 45 the potable water supply for which is a private well shall test that 46 water supply in the manner established pursuant to this section for at 47 least the constituents required pursuant to subdivisions two and three 48 of this section. Within thirty days after the receipt of the test 49 results, the lessor shall also provide a written copy thereof to each 50 lessee of a rental unit on the property. The lessor shall also provide a 51 written copy of the most recent test results to a new lessee of a rental 52 unit on the property. 53 7. (a) The department, in consultation with the department of environ- 54 mental conservation, and local health organizations established pursuant 55 to article three of this chapter shall establish a public information 56 and education program to inform the public and appropriate professionalA. 1103 5 1 disciplines of the enactment of this section and the substance of its 2 provisions and requirements, the potential health effects of consuming 3 water from a private well that does not meet maximum constituent levels 4 and other established water quality standards, the potential presence of 5 radium in at least some potable groundwater supplies in the state, the 6 geographic areas in the state subject to an actual or potential threat 7 of danger from contaminated groundwater, the importance of testing 8 private wells regularly for constituents, and suggested water treatment 9 techniques, equipment strategies and public funding sources available 10 for treating water from private wells that have failed a water test 11 conducted in accordance with this section. 12 (b) The department shall make available to the public a general compi- 13 lation of water test results data arranged or identified by county and 14 municipality or appropriate geographic area therein, but which does not 15 include specific address or location information. 16 8. Within three years of the effective date of this section, the 17 department shall prepare and transmit to the governor and legislature a 18 report on the implementation and operation of this section. Such report 19 shall also describe the benefits and deficiencies realized as a result 20 of this section and include recommendations for any appropriate legisla- 21 tive action. The report shall also be made available to the public and 22 be posted on the department's website. 23 § 6. The real property law is amended by adding a new section 468 to 24 read as follows: 25 § 468. Private well testing requirements. 1. Every contract for the 26 sale of real property, including a multiple family dwelling as defined 27 in section eight hundred two of the executive law, which is served by a 28 private well that is the potable water supply for such property shall 29 include a provision requiring as a condition of sale, the testing of 30 such water supply for at least the standards prescribed pursuant to 31 section eleven hundred eleven of the public health law. Provisions of 32 this section shall not apply to property where the potable water supply 33 has five or more service connections or that regularly serves an average 34 of twenty-five or more individuals daily for at least sixty days out of 35 the year. 36 2. Closing of title on the sale of such real property shall not occur 37 unless both the buyer and the seller have received and reviewed a copy 38 of the water test results. At closing, the buyer and seller both shall 39 certify in writing that they have received and reviewed the water test 40 results. 41 3. The requirements of this section may not be waived. 42 § 7. This act shall take effect on the one hundred eightieth day after 43 it shall have become a law. Effective immediately, the addition, amend- 44 ment and/or repeal of any rule or regulation necessary for the implemen- 45 tation of this act on its effective date are authorized and directed to 46 be made and completed on or before such effective date.
