Bill Text: NY S04755 | 2011-2012 | 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-15 - REPORTED AND COMMITTED TO FINANCE [S04755 Detail]
Download: New_York-2011-S04755-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4755--A
2011-2012 Regular Sessions
I N S E N A T E
April 18, 2011
___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- reported favora-
bly from said committee and committed to the Committee on Finance --
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 S 2. Section 206 of the public health law is amended by adding a new
4 subdivision 28 to read as follows:
5 28. 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, AND RADON;
18 (II) AN EXPLANATION THAT CONTAMINATION OF GROUNDWATER CAN OCCUR FROM
19 MIGRATION OF CONTAMINANTS THAT MAY NOT YET HAVE BEEN IDENTIFIED.
20 FURTHER, IT SHOULD BE EMPHASIZED THAT CONTAMINATED WATER DOES NOT NECES-
21 SARILY RESULT IN OBVIOUS ODORS OR COLOR CHANGES IN DRINKING WATER AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05590-02-1
S. 4755--A 2
1 THAT THE ONLY WAY TO ENSURE THAT WATER MEETS STATE DRINKING WATER STAND-
2 ARDS IS TO HAVE IT TESTED BY A STATE CERTIFIED LABORATORY;
3 (III) INFORMATION ON THE MAXIMUM CONTAMINANT LEVELS, OR PUBLIC HEALTH
4 STANDARDS, FOR THOSE CONTAMINANTS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS
5 PARAGRAPH AND THE POTENTIAL HEALTH IMPACTS OF EXPOSURE TO SUCH CONTAM-
6 INANTS ABOVE SUCH LEVELS;
7 (IV) A RECOMMENDATION THAT ANY WATER TEST CONDUCTED SHOULD BE ANALYZED
8 BY A LABORATORY CERTIFIED BY THE DEPARTMENT TO TEST FOR DRINKING WATER
9 CONTAMINANTS;
10 (V) INFORMATION ON THE IMPORTANCE OF TESTING PRIVATE WATER SUPPLIES
11 REGULARLY FOR CONTAMINANTS, AND A REQUEST THAT RESIDENTS PROVIDE THEIR
12 LOCAL HEALTH DEPARTMENT WITH ANY RESULTS OF TESTS THAT EXCEED STATE
13 STANDARDS; AND
14 (VI) INFORMATION ON WATER TREATMENT TECHNIQUES AND EQUIPMENT.
15 (B) (I) THE DEPARTMENT SHALL MAKE SUCH EDUCATIONAL MATERIALS AVAILABLE
16 TO THE PUBLIC ON THEIR WEBSITE AND UPON REQUEST TO THE GENERAL PUBLIC.
17 (II) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF STATE,
18 SHALL REQUIRE THAT:
19 (A) LICENSED HOME INSPECTORS, AS DEFINED IN SECTION FOUR HUNDRED
20 FORTY-FOUR-B OF THE REAL PROPERTY LAW, ARE PROVIDED WITH SUCH MATERIALS,
21 WHICH SHALL BE PROVIDED BY THE LICENSED HOME INSPECTOR TO EACH CLIENT
22 WHOSE PROPERTY OR POTENTIAL PROPERTY IS SERVED BY A PRIVATE WATER SUPPLY
23 THAT IS THE POTABLE WATER SUPPLY FOR SUCH PROPERTY; AND
24 (B) LICENSED REAL ESTATE SALESMAN, REAL ESTATE BROKERS OR ASSOCIATE
25 REAL ESTATE BROKERS, AS DEFINED IN SECTION FOUR HUNDRED FORTY OF THE
26 REAL PROPERTY LAW, PROVIDE SUCH INFORMATION TO THEIR CLIENTS WHOSE PROP-
27 ERTY OR POTENTIAL PROPERTY IS SERVED BY A PRIVATE WATER SUPPLY THAT IS
28 THE POTABLE WATER SUPPLY FOR SUCH PROPERTY, AT THE TIME SUCH CLIENTS
29 ENTER INTO A CONTRACT FOR THE SALE OF SUCH PROPERTY.
30 S 3. Section 444-g of the real property law is amended by adding a new
31 subdivision 3-a to read as follows:
32 3-A. EVERY HOME INSPECTOR SHALL PROVIDE TO EACH CLIENT, WHO MAY BE AN
33 OWNER, PROSPECTIVE BUYER OR OTHER INTERESTED INDIVIDUAL, WHOSE RESIDENCE
34 OR POTENTIAL RESIDENCE IS SERVED BY A PRIVATE WATER SUPPLY THAT IS THE
35 POTABLE WATER SUPPLY FOR SUCH PROPERTY, EDUCATIONAL MATERIALS PREPARED
36 BY THE DEPARTMENT OF HEALTH PURSUANT TO SUBDIVISION TWENTY-EIGHT OF
37 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATING TO THE REGULAR
38 TESTING OF THE QUALITY OF DRINKING WATER FROM WELLS AND PRIVATE WATER
39 SUPPLIES.
40 S 4. Section 466 of the real property law, as added by chapter 456 of
41 the laws of 2001, is amended to read as follows:
42 S 466. Duty of an agent. 1. An agent representing a seller of residen-
43 tial real property as a listing broker shall have the duty to timely
44 inform each seller represented by that agent of the seller's obligations
45 under this article. An agent representing a buyer of residential real
46 property, or, if the buyer is not represented by an agent, the agent
47 representing a seller of residential real property and dealing with a
48 prospective buyer, shall have the duty to timely (in any event, before
49 the buyer signs a binding contract of sale) inform such buyer of the
50 buyer's rights and obligations under this article[. If an agent performs
51 the duties and obligations imposed upon him or her pursuant to this
52 section, the agent shall have no further duties under this article and
53 shall not be liable to any party for a violation of this article.]; AND
54 2. AN AGENT REPRESENTING A BUYER OR SELLER OF RESIDENTIAL REAL PROPER-
55 TY AS A LISTING BROKER SHALL HAVE THE DUTY TO PROVIDE A PURCHASER OF
56 REAL PROPERTY THAT IS SERVED BY A PRIVATE WATER SUPPLY WHICH IS THE
S. 4755--A 3
1 POTABLE WATER SUPPLY FOR SUCH PROPERTY WITH PUBLIC EDUCATION INFORMATION
2 CREATED BY THE DEPARTMENT OF HEALTH UNDER SUBDIVISION TWENTY-EIGHT OF
3 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATED TO REGULAR
4 TESTING OF THE QUALITY OF DRINKING WATER FROM SUCH WATER SUPPLIES, AT
5 THE TIME SUCH PURCHASER ENTERS INTO A CONTRACT FOR THE SALE OF SUCH
6 PROPERTY.
7 3. IF AN AGENT PERFORMS THE DUTIES AND OBLIGATIONS IMPOSED UPON HIM OR
8 HER BY SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE AGENT SHALL HAVE NO
9 FURTHER DUTIES UNDER THIS ARTICLE AND SHALL NOT BE LIABLE TO ANY PARTY
10 FOR A VIOLATION OF THIS ARTICLE.
11 S 5. Paragraph (j) of subdivision 3 of section 97-b of the state
12 finance law, as added by section 4 of part I of chapter 1 of the laws of
13 2003, is amended and a new paragraph (k) is added to read as follows:
14 (j) with respect to moneys in the hazardous waste remediation over-
15 sight and assistance account, technical assistance grants pursuant to
16 titles thirteen and fourteen of article twenty-seven of the environ-
17 mental conservation law[.]; AND
18 (K) IMPLEMENTATION OF THE WELL WATER AND WATER SUPPLY EDUCATION ACT
19 PURSUANT TO SUBDIVISION TWENTY-EIGHT OF SECTION TWO HUNDRED SIX OF THE
20 PUBLIC HEALTH LAW.
21 S 6. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
