Relates to establishing a demonstration program for private well water testing requirements for the sale of real property in certain counties

Summary of provisions

Section 1 establishes the act to be known as the private well testing act.

Section 2 adds subdivision 1 of section 3-0315 of the Environmental Conservation Law to include information collected pursuant to sections 1110 and 1110-a of the Public Health Law in the state's geographic information system.

Section 3 adds a new section 1110 to the public health law regarding private well testing, authorizing the Department of Health to promulgate regulations for the testing of drinking water from private wells. It further requires that any contract for the sale of real property served by a private well shall, provide the buyer the option to test the water for at least the standards prescribed, and advise the buyer of the disclosures required by sections 462 and 468 of the Real Property Law. In the event that the buyer elects to test the private well for contaminates, the seller shall receive a tax credit under Article 31 of the Tax Law, at the closing, for the cost of the test, not to exceed an amount established by the department.

Subsection 2 sets the parameters of the water test to include: bacteria; nitrates; iron; manganese; pH; volatile organic compounds and lead.

Subsection 3 requires that when there is a finding of a health threat, the Department of Health (DOH) in consultation with the Department of Environmental Conservation (DEC) shall develop a list of additional contaminants deemed significant in each county or any other area

within a county that shall be tested. The DOH may limit by geographic area any contaminant listed deemed as not significant for water testing. Subsection 3 additionally provides the DOH and the county DOH with the authority to require that all contracts for sale of real property located within the county or within a specific area of the county be subject to private well water testing when there is a finding of a health threat.

Subsection 4 sets forth the requirements for conducting water tests and for the disclosure thereof.

Subsection 5 requires that within five days of receiving a water test failure, notice shall be provided to the county board of health, where applicable, to issue a general notice to owners of real property served by private wells in the vicinity of the failed property. The notice shall include a recommendation or suggestion that the owners may want to have their wells tested.

Subsection 6 requires landlords to provide notice of water test results to lessees within five days and to new lessees.

Subsection 7 requires all subsequent test results to be sent to DOH and the county board of health. Subsection 7, paragraph (a) requires the DOH in consultation with DEC to establish a public information and education program to inform the public and relevant professional disciplines of the enactment of this act, the rights established, the potential health effects of consuming contaminated water, the potential presence of radium, the geographic areas in the state subject to actual or potential threat of danger from contamination, the importance of testing private wells regularly, suggested water treatments, equipment strategies and funding sources available for remediation as a result of a failed water test. Subsection 7, paragraph (b) requires DOH to make available to the public general data compiled as a result of this act.

Section 1110-a establishes a well water testing pilot program in Dutchess and Rockland counties, encouraging residents to test their private wells in accordance with Section 1110 of the Public Health Law to determine the quality of the drinking water in these two counties. Costs of the well tests will be reimbursed through the Hazardous Waste Remediation Oversight and Assistance Account.

Section 4 adds a new section 468 to the Real Property Law on private well testing requirements.

Section 5 amends subdivision 2 of section 462 of the Real Property Law adding to the real property disclosure statement a series of questions pertaining to private well water.

Section 6 amends section 1405-A of the Tax Law and allows a credit for the well testing in an amount not to exceed the costs determined by the department upon the provision of a certified copy of the well test and proof of payment thereof.

Section 7 provides that nothing in this act shall preclude a local health department or governing body from adopting a local law or regulation which is more stringent than state law or regulation.

Section 8 sets the effective date 180 days after it shall have become a law.

Justification

Municipal water supplies are tested regularly for primary contaminants, however, for the prospective buyer of a property and an existing owner with a private well water supply, testing the water for contaminants is essential to protect their investment and more importantly, their health. As an owner or when selling or transferring the property to a new owner, the prospective buyer or owner should not only be encouraged to test the private water supply to determine if the water is safe to drink and suitable for other household purposes, but should also be aware if any properties in the vicinity have received failing test results.

At present, potential buyers are often encouraged by their real estate representative and/or attorney to test private water supplies before committing to a purchase, however, many potential buyers are unaware of what should be tested. This measure sets minimum standards as parameters for private well water testing and authorizes the Department of Health (DOH) to determine if certain geographic areas should include additional contaminants in their standard well tests. This bill also gives the authority to county boards of health and/or the governing body of the county to mandate testing upon transfer of properties in designated areas deemed to be at risk of contamination. In addition, property owners in a designated Superfund site will be required to test their private wells and will be eligible to receive reimbursement from the Hazardous Waste Remediation Oversight and Assistance Account.

This measure ensures that broader awareness, expanded education and greater disclosure will take place to encourage both the testing of wells upon .sale and more frequently as a property owner whose home is serviced by a private well. Many who own homes will go years without testing the quality of their drinking water, unaware that contaminants may exist. By heightening public awareness, more homeowners may take the steps necessary to ensure that their drinking water is screened by a certified lab. In addition, due to the reporting requirements for certified labs to notify county boards of health and DOH of test results, the mandatory notification of failed tests in designated areas considered to be at risk will offer further encouragement for homeowners to test their drinking water, as well as provide the State with information to enhance their database.

Encouraging more homeowners and buyers to test their wells will enhance ability to determine where contamination may be concentrated and potentially posing health risks. This bill leaves the designation of mandatory testing with the county and state health departments who are equipped to determine whether geographic locations are deemed to be at significant risk for contamination.

This bill also creates a pilot program in Dutchess and Rockland counties, allowing homeowners with private wells to conduct a state-approved well test and receive reimbursement through a designated state fund. This incentive will encourage homeowners to participate a in pilot program designed to collect widespread data in each of these counties. The two-year program will aid the Department

of Health and the Department of Environmental Conservation in their ongoing efforts to collect and analyze data on the condition of the state's aquifer.

Legislative history

2009-2010: S.1475 -- Referred to Environmental Conservation 2007-2008: S.1084-A -- Passed Senate 2005-2006: S.7921B -- Passed Senate

Fiscal implications

Costs of the well tests will be reimbursed through the Hazardous Waste Remediation Oversight and Assistance Account.

Effective date

180 days after it shall have become a law.