Creates the well water education act; requires public education program on the potential hazards of well water

Title of bill

An act to amend the public health law, the real property law and the state finance law, in relation to enacting the well water education act

Purpose

To inform the public of the potential health effects of consuming water that does not meet the state drinking water standards.

Summary of provisions

Section 1 creates the Well Water Education Act.

Section 2 amends Section 206 of the Public Health Law to authorize and direct the Commissioner of the Department of Health to establish and maintain a public education program regarding the potential health effects of consuming water that does not meet the state drinking water standards.

Section 3 amends Section 444-g of the Real Property Law to require home inspectors to provide each client whose potential residence is served by a private well with educational materials prepared by the Department of Health.

Section 4 amends Section 466 of the Real Property Law to require real estate agents to provide a potential purchaser of real property that is served by a private well with educational materials prepared by the Department of Health upon the execution of a contract for the sale of real property.

Section 5 amends Section 97-b of the State Finance Law to access moneys in the Hazardous Waste Remediation Oversight and Assistance Account.

Section 6 sets the effective date 180 days after it shall have become law.

Justification

Homeowners with private wells should be informed and made aware of potential health effects from consuming water that does not meet state drinking water standards. This legislation seeks to provide the public with educational materials containing information on potential contaminants, migration of contamination in groundwater and to advise homeowners that well water should be tested regularly by a certified lab.

This new bill rectifies the Governor's concerns expressed in his veto message in 2008 regarding the expense of developing and distributing materials to home buyers by utilizing the Hazardous Waste Remediation Oversight and Assistance Account.

Legislative history

S.8641 - Veto No. 86

Fiscal implications

Nominal expenses for developing and distributing materials will be paid through the Hazardous Waste Remediation Oversight and Assistance Account.

Effective date

180 days after it shall have become a law.