Enacts the "private well testing act"

1 Co-sponsor

• George Latimer

Title of bill

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"

Purpose or general idea of bill

This bill mandates the testing of drinking water from private wells upon the transfer of property.

Summary of specific provisions

Section 1 establishes the Private Well Testing Act.

Section 2 amends § 03-0315 of the ECL to include information gathered under the private well testing program in DEC's geographic information system created to track contaminated sites and water segments.

Section 3 amends § 206 of the public health law to authorize the Commissioner of DOH to establish standards for the testing of privately owned wells.

Section 4 amends subdivision 1 of § 1100 of the public health law by adding private supplies of potable water to those waters for which the commissioner may promulgate regulations.

Section 5 adds a new § 1110 to the public health law, establishing the Private Well Testing Program and specifying the parameters that must be tested for - including bacteria (total conform), nitrates; nitrites, sodium, iron, manganese, pH, and all Volatile Organic Compounds for which a maximum contaminant level has been established.

Section 6 amends the real property law, adding a new section 468. Every contract for the sale of real property for which the potable water supply is a private well shall include a Provision requiring as a condition of the sale, the testing of such water supply for at least those contaminants specified in the bill.

Section 7 sets the effective date on the 180th day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Justification

It is estimated that over 1 million homeowners in the State currently utilize private wells for their drinking water. These residents may be drinking contaminated water without knowing it as there is no current statewide requirement for having private drinking water wells tested ever. Several counties require such testing currently and would be eligible to continue to require such a testing provided that their laws are more stringent. After a similar law was passed in New Jersey in 2001, it was discovered that 1 in 4 private drinking water wells was contaminated above state drinking water standards. To provide all citizens in the state with information on the duality of their drinking water, water from private wells should also be subject to the type of testing done regularly for public water supplies. If this information is provided upon the sale of property, where necessary, new homeowners may be able to install any necessary treatment for their potable water.

Prior legislative history

None.

Fiscal implications

None.

Effective date

180 days from date of enactment. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.