Bill Text: NY S01845 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-31 - PRINT NUMBER 1845A [S01845 Detail]

Download: New_York-2019-S01845-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1845--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 16, 2019
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  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
    18  is  defined in section one thousand one hundred twelve of this title and
    19  radon;
    20    (ii) an explanation that contamination of groundwater can  occur  from
    21  migration  of  contaminants  that  may  not  yet  have  been identified.
    22  Further, it should be emphasized that contaminated water does not neces-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02777-03-9

        S. 1845--A                          2

     1  sarily result in obvious odors or color changes in  drinking  water  and
     2  that the only way to ensure that water meets state drinking water stand-
     3  ards is to have it tested by a state certified laboratory;
     4    (iii)  information on the maximum contaminant levels, or public health
     5  standards, for those contaminants identified in subparagraph (i) of this
     6  paragraph and the potential health impacts of exposure to  such  contam-
     7  inants above such levels;
     8    (iv) a recommendation that any water test conducted should be analyzed
     9  by  a  laboratory certified by the department to test for drinking water
    10  contaminants;
    11    (v) information on the importance of testing  private  water  supplies
    12  regularly  for  contaminants, and a request that residents provide their
    13  local health department with any results  of  tests  that  exceed  state
    14  standards;
    15    (vi) information on water treatment techniques and equipment; and
    16    (vii) contact information of the relevant local health organizations.
    17    (b) (i) The department shall make such educational materials available
    18  to the public on their website and upon request to the general public.
    19    (ii)  The  department,  in  consultation with the department of state,
    20  shall require that:
    21    (A) licensed home inspectors,  as  defined  in  section  four  hundred
    22  forty-four-b of the real property law, are provided with such materials,
    23  which  shall  be  provided by the licensed home inspector to each client
    24  whose property or potential property is served by a private water supply
    25  that is the potable water supply for such property; and
    26    (B) licensed real estate salesmen, real estate  brokers  or  associate
    27  real  estate  brokers,  as  defined in section four hundred forty of the
    28  real property law, provide such information to their clients whose prop-
    29  erty or potential property is served by a private water supply  that  is
    30  the  potable  water  supply  for such property, at the time such clients
    31  enter into a contract for the sale of such property.
    32    § 3. Section 444-g of the real property law is amended by adding a new
    33  subdivision 3-a to read as follows:
    34    3-a. Every home inspector shall provide to each client, who may be  an
    35  owner, prospective buyer or other interested individual, whose residence
    36  or  potential  residence is served by a private water supply that is the
    37  potable water supply for such property, educational  materials  prepared
    38  by  the  department  of  health  pursuant  to  subdivision thirty-one of
    39  section two hundred six of the public health law relating to the regular
    40  testing of the quality of drinking water from wells  and  private  water
    41  supplies.
    42    §  4. Section 466 of the real property law, as added by chapter 456 of
    43  the laws of 2001, is amended to read as follows:
    44    § 466. Duty of an agent. 1. An agent representing a seller of residen-
    45  tial real property as a listing broker shall have  the  duty  to  timely
    46  inform each seller represented by that agent of the seller's obligations
    47  under  this  article.  An agent representing a buyer of residential real
    48  property, or, if the buyer is not represented by  an  agent,  the  agent
    49  representing  a  seller  of residential real property and dealing with a
    50  prospective buyer, shall have the duty to timely (in any  event,  before
    51  the  buyer  signs  a  binding contract of sale) inform such buyer of the
    52  buyer's rights and obligations under this article. If an agent  performs
    53  the  duties  and  obligations  imposed  upon him or her pursuant to this
    54  [section] subdivision, the agent shall have no further duties under this
    55  article and shall not be liable to any party for  a  violation  of  this
    56  article[.]; and

        S. 1845--A                          3

     1    2. In addition to its duties under subdivision one of this section, an
     2  agent  representing  a buyer or seller of residential real property as a
     3  listing broker shall have the duty to provide a purchaser of real  prop-
     4  erty that is served by a private water supply which is the potable water
     5  supply  for  such  property with public education information created by
     6  the department of health under subdivision  thirty-one  of  section  two
     7  hundred  six  of the public health law related to regular testing of the
     8  quality of drinking water from such water supplies,  at  the  time  such
     9  purchaser enters into a contract for the sale of such property.
    10    §  5.  Paragraph  (j)  of  subdivision  3 of section 97-b of the state
    11  finance law, as amended by section 5 of part T of chapter 57 of the laws
    12  of 2017, is amended and a new paragraph (k) is added to read as follows:
    13    (j) with respect to moneys in the hazardous  waste  remediation  over-
    14  sight  and  assistance  account, technical assistance grants pursuant to
    15  titles thirteen and fourteen of article  twenty-seven  of  the  environ-
    16  mental conservation law; and
    17    (k)  implementation  of  the well water and water supply education act
    18  pursuant to subdivision thirty-one of section two  hundred  six  of  the
    19  public health law.
    20    § 6. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.
feedback