Bill Text: NY A01194 | 2019-2020 | 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 and contact information for relevant local health organizations.

Spectrum: Moderate Partisan Bill (Democrat 28-4)

Status: (Introduced) 2019-05-23 - print number 1194a [A01194 Detail]

Download: New_York-2019-A01194-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1194--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    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:

     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    §  2.  Section 206 of the public health law is amended by adding a new
     4  subdivision 31 to read as follows:
     5    31. 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, 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

     1  is  defined in section one thousand one hundred twelve of this title and
     2  radon;
     3    (ii)  an  explanation that contamination of groundwater can occur from
     4  migration of  contaminants  that  may  not  yet  have  been  identified.
     5  Further, it should be emphasized that contaminated water does not neces-
     6  sarily  result  in  obvious odors or color changes in drinking water and
     7  that the only way to ensure that water meets state drinking water stand-
     8  ards is to have it tested by a state certified laboratory;
     9    (iii) information on the maximum contaminant levels, or public  health
    10  standards, for those contaminants identified in subparagraph (i) of this
    11  paragraph  and  the potential health impacts of exposure to such contam-
    12  inants above such levels;
    13    (iv) a recommendation that any water test conducted should be analyzed
    14  by a laboratory certified by the department to test for  drinking  water
    15  contaminants;
    16    (v)  information  on  the importance of testing private water supplies
    17  regularly for contaminants, and a request that residents  provide  their
    18  local  health  department  with  any  results of tests that exceed state
    19  standards;
    20    (vi) information on water treatment techniques and equipment; and
    21    (vii) contact information of the relevant local health organizations.
    22    (b) (i) The department shall make such educational materials available
    23  to the public on their website and upon request to the general public.
    24    (ii) The department, in consultation with  the  department  of  state,
    25  shall require that:
    26    (A)  licensed  home  inspectors,  as  defined  in section four hundred
    27  forty-four-b of the real property law, are provided with such materials,
    28  which shall be provided by the licensed home inspector  to  each  client
    29  whose property or potential property is served by a private water supply
    30  that is the potable water supply for such property; and
    31    (B)  licensed  real  estate salesmen, real estate brokers or associate
    32  real estate brokers, as defined in section four  hundred  forty  of  the
    33  real property law, provide such information to their clients whose prop-
    34  erty  or  potential property is served by a private water supply that is
    35  the potable water supply for such property, at  the  time  such  clients
    36  enter into a contract for the sale of such property.
    37    § 3. Section 444-g of the real property law is amended by adding a new
    38  subdivision 3-a to read as follows:
    39    3-a.  Every home inspector shall provide to each client, who may be an
    40  owner, prospective buyer or other interested individual, whose residence
    41  or potential residence is served by a private water supply that  is  the
    42  potable  water  supply for such property, educational materials prepared
    43  by the department  of  health  pursuant  to  subdivision  thirty-one  of
    44  section two hundred six of the public health law relating to the regular
    45  testing  of  the  quality of drinking water from wells and private water
    46  supplies.
    47    § 4. Section 466 of the real property law, as added by chapter 456  of
    48  the laws of 2001, is amended to read as follows:
    49    § 466. Duty of an agent. 1. An agent representing a seller of residen-
    50  tial  real  property  as  a listing broker shall have the duty to timely
    51  inform each seller represented by that agent of the seller's obligations
    52  under this article. An agent representing a buyer  of  residential  real
    53  property,  or,  if  the  buyer is not represented by an agent, the agent
    54  representing a seller of residential real property and  dealing  with  a
    55  prospective  buyer,  shall have the duty to timely (in any event, before
    56  the buyer signs a binding contract of sale) inform  such  buyer  of  the

        A. 1194--A                          3

     1  buyer's  rights and obligations under this article. If an agent performs
     2  the duties and obligations imposed upon him  or  her  pursuant  to  this
     3  [section] subdivision, the agent shall have no further duties under this
     4  article  and  shall  not  be liable to any party for a violation of this
     5  article[.]; and
     6    2. In addition to its duties under subdivision one of this section, an
     7  agent representing a buyer or seller of residential real property  as  a
     8  listing  broker shall have the duty to provide a purchaser of real prop-
     9  erty that is served by a private water supply which is the potable water
    10  supply for such property with public education  information  created  by
    11  the  department  of  health  under subdivision thirty-one of section two
    12  hundred six of the public health law related to regular testing  of  the
    13  quality  of  drinking  water  from such water supplies, at the time such
    14  purchaser enters into a contract for the sale of such property.
    15    § 5. Paragraph (j) of subdivision 3  of  section  97-b  of  the  state
    16  finance law, as amended by section 5 of part T of chapter 57 of the laws
    17  of 2017, is amended and a new paragraph (k) is added to read as follows:
    18    (j)  with  respect  to moneys in the hazardous waste remediation over-
    19  sight and assistance account, technical assistance  grants  pursuant  to
    20  titles  thirteen  and  fourteen  of article twenty-seven of the environ-
    21  mental conservation law; and
    22    (k) implementation of the well water and water  supply  education  act
    23  pursuant  to  subdivision  thirty-one  of section two hundred six of the
    24  public health law.
    25    § 6. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law.
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