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SB119 Summary:

BILL NOS00119A
 
SAME ASSAME AS A00265-A
 
SPONSORHOYLMAN
 
COSPNSRSEPULVEDA
 
MLTSPNSR
 
Amd 3-0315, En Con L; amd 206 & 1100, add 1111, Pub Health L; add 468, RP L
 
Enacts the "private well testing act"; authorizes the department of health to promulgate rules and regulations to establish standards for the testing of drinking water from privately owned wells.
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SB119 Actions:

BILL NOS00119A
 
01/04/2017REFERRED TO ENVIRONMENTAL CONSERVATION
01/03/2018REFERRED TO ENVIRONMENTAL CONSERVATION
05/15/2018AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
05/15/2018PRINT NUMBER 119A
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SB119 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         119--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- recommitted to  the  Committee  on  Environmental  Conservation  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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"
 
          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 "private well testing act".
     3    § 2. Subdivision 1 of section 3-0315 of the environmental conservation
     4  law,  as  amended  by  section 12 of part T of chapter 57 of the laws of
     5  2017, is amended to read as follows:
     6    1. The department in conjunction with the commissioner of health shall
     7  create and maintain a geographic information system, and associated data
     8  storage and analytical systems for purposes of collecting, streamlining,
     9  and visualizing integrated  data,  permits,  and  relevant  sites  about
    10  drinking  water  quality  including,  but  not limited to, incorporating
    11  supply well and monitoring well data, emerging contaminant  data,  water
    12  quality  monitoring  data,  pertinent data from remediation and landfill
    13  sites, permitted discharge locations and other  potential  contamination
    14  risks  to water supplies. Such system shall also incorporate information
    15  from the source water assessment program collected by the department  of
    16  health,  information collected pursuant to section eleven hundred eleven
    17  of the public health law,  data  from  annual  water  supply  statements
    18  prepared  pursuant  to  section  eleven  hundred fifty-one of the public
    19  health law, information from the database pursuant to title fourteen  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03024-04-8

        S. 119--A                           2
 
     1  article  twenty-seven  of  this  chapter,  and  any  other existing data
     2  regarding soil and groundwater contamination currently gathered  by  the
     3  department,  as  well as data on contamination that is readily available
     4  from  the  United  States geological survey and other sources determined
     5  appropriate by the department. In addition to  facilitating  interagency
     6  coordination  and  predictive  analysis  to  protect water quality, such
     7  system shall provide state agency information to the  public  through  a
     8  website,  within  reasonable  limitations  to ensure confidentiality and
     9  security.
    10    § 3. Section 206 of the public health law is amended by adding  a  new
    11  subdivision 31 to read as follows:
    12    31.  The  commissioner  is authorized and directed to promulgate rules
    13  and regulations to establish standards for the testing of drinking water
    14  from privately owned wells. Such standards  shall  apply  to  any  water
    15  wells subject to subdivision eighteen of this section, as added by chap-
    16  ter  three  hundred  ninety-five of the laws of nineteen hundred ninety-
    17  nine. Such testing shall be to determine the quality, safety and  exist-
    18  ing level of contamination of drinking water from privately owned wells.
    19    §  4.  Subdivision  1  of  section  1100  of the public health law, as
    20  amended by chapter 655 of the laws  of  1978,  is  amended  to  read  as
    21  follows:
    22    1.  The  department  may make rules and regulations for the protection
    23  from contamination of any or all public or private supplies  of  potable
    24  waters  and  water supplies of the state or United States, institutions,
    25  parks, reservations or posts and their sources within the state, and the
    26  commissioner of environmental protection of the city of New York and the
    27  board of water supply of the city of New York may make  such  rules  and
    28  regulations subject to the approval of the department for the protection
    29  from  contamination  of any or all public or private supplies of potable
    30  waters and their sources within the state where the  same  constitute  a
    31  part of the source of the public or private water supply of said city.
    32    §  5. The public health law is amended by adding a new section 1111 to
    33  read as follows:
    34    § 1111. Private well testing. 1.  (a) The department shall  promulgate
    35  regulations  providing  for  the  testing of drinking water from private
    36  wells located on real property subject to this section.
    37    (b) Any contract for the sale of real property, including  a  multiple
    38  family dwelling as defined in section eight hundred two of the executive
    39  law,  which is served by a private well that is the potable water supply
    40  for such property shall include a provision requiring as a condition  of
    41  sale,  the  testing  of  such  water  supply  for at least the standards
    42  prescribed pursuant to this section. Provisions of  this  section  shall
    43  not  apply  to  property where the potable water supply has five or more
    44  service connections or that regularly serves an average  of  twenty-five
    45  or more individuals daily for at least sixty days out of the year.
    46    (c) Water sampling shall be done, preferably by a laboratory certified
    47  by the department, in the following manner:
    48    (i)  if  there  is  no water treatment system in use on the water well
    49  being tested, samples shall be collected  from  a  primary  cold  water,
    50  non-aerated  spigot or tap that draws from or feeds water to the potable
    51  water system from such water;
    52    (ii) where a water treatment system is in  use  on  the  water  supply
    53  system, the sample shall be collected as follows:
    54    (A)  the  water  treatment  system  shall be disconnected or otherwise
    55  disabled prior to the collection of the water sample; or

        S. 119--A                           3
 
     1    (B) the sample shall be collected at a location  prior  to  the  water
     2  treatment system; or
     3    (iii)  in  the  case of a new well construction and installation where
     4  there is no spigot or tap on the subject property,  the  sample  may  be
     5  collected directly at the wellhead, utilizing a raw water sample.
     6    2. Every water test conducted in accordance with this section shall be
     7  conducted  by  a  laboratory  certified  by  the  department pursuant to
     8  section five hundred two of this chapter  to  test  for  drinking  water
     9  constituents and shall include but not be limited to a test for at least
    10  the following constituents: bacteria (total coliform); sodium; nitrites;
    11  nitrates; iron; manganese; iron plus manganese; pH; all volatile organic
    12  compounds  for  which  maximum  constituent levels have been established
    13  pursuant to public health regulations; and lead.
    14    3. (a) The department, in consultation with the department of environ-
    15  mental conservation, and local health organizations established pursuant
    16  to article three of this chapter may recommend  additional  testing  for
    17  constituents that appear on a county or regional basis including but not
    18  limited  to  arsenic,  barium,  fluoride,  mercury, methane, radium, and
    19  radon.
    20    (b) The department may, by rule or regulation,  exclude  or  limit  by
    21  geographic  area  or  geologic  formation,  or  based upon well recorded
    22  information, any constituent  listed  in  this  section  deemed  by  the
    23  department as not significant in a county or in any specific area within
    24  a  county  and  such area of formation need not be tested as part of any
    25  water test conducted in accordance with this section.
    26    (c) For each constituent to be tested  for  in  accordance  with  this
    27  section,  the  department  shall establish, by regulation a maximum time
    28  period for which a test result shall remain valid for  the  purposes  of
    29  this  section  without  necessitating  retesting  for  such constituent;
    30  provided, however, such time period shall not exceed  twelve  months.  A
    31  retest  of  the  water  supply  shall  not  be required pursuant to this
    32  section if the contract of sale is entered into  within  the  period  of
    33  test  validity  established pursuant to this paragraph.  Notwithstanding
    34  any provision of this paragraph to the  contrary,  a  buyer  and  seller
    35  subject  to  the provisions of this section may mutually agree to retest
    36  for a constituent even though the maximum time period for test  validity
    37  for  the  constituent  established  pursuant  to  this  section  has not
    38  expired.
    39    4. (a) Any water test results provided by a laboratory to  the  person
    40  or  persons  requesting  the  test shall include the maximum constituent
    41  levels or other established water quality standards, if any,  prescribed
    42  by  the  department for each constituent tested and shall be transmitted
    43  on a standardized private well water test reporting form  prescribed  by
    44  the  department.  The  form shall refer the buyer and seller of the real
    45  property in question to the appropriate  office  or  person  within  the
    46  department,  or the department's website for information regarding reme-
    47  diation alternatives.
    48    (b) Within ten business days after completion of  the  water  test,  a
    49  laboratory  shall  submit  the water test results to the department with
    50  the following information:
    51    (i) a statement that the testing is for the purpose of complying  with
    52  the "private well testing act";
    53    (ii)  the  location  of  the real property, described by block and lot
    54  number, street address, municipality, and county;
    55    (iii) the name and mailing address of the person or persons making the
    56  request for the test;

        S. 119--A                           4
 
     1    (iv) an affidavit stating the date and time that the water sample  was
     2  collected  and  the  specific point of collection and the legal name and
     3  mailing address of the  person  or  persons  collecting  the  raw  water
     4  samples;
     5    (v) the date and time the sample was analyzed by the laboratory; and
     6    (vi)  such  other information as may be required by the department, in
     7  consultation with  the  department  of  environmental  conservation  and
     8  appropriate  local  health organizations established pursuant to article
     9  three of this chapter.
    10    (c) The department may require laboratories to  submit  electronically
    11  the information required pursuant to paragraph (b) of this subdivision.
    12    (d)  A  laboratory  shall not release water test results to any person
    13  except the buyer or seller of the real property at issue as provided  in
    14  subdivision  one  of  this  section,  the lessor of the real property as
    15  provided in subdivision six of this section, any  person  authorized  by
    16  the buyer, seller, or lessor, as the case may be, the department, or any
    17  person designated by court order.
    18    (e) The department shall make the data accumulated from the water test
    19  results  submitted by laboratories pursuant to this section available to
    20  counties,  municipalities,  or  other  governmental  entities  for   the
    21  purposes of studying groundwater supplies or contamination in the state;
    22  provided, however, that identifying information is removed.
    23    (f)  The  results of water well tests shall be provided to the depart-
    24  ment of  environmental  conservation  for  inclusion  in  the  statewide
    25  groundwater  remediation  strategy  developed in accordance with section
    26  15-3109 of the environmental conservation law and the geographic  infor-
    27  mation  system  developed in accordance with section 3-0315 of the envi-
    28  ronmental conservation law.
    29    5. The department, within ten business days after receiving any report
    30  of a water test failure in accordance with this section,  shall  provide
    31  notice of such water test failure to the appropriate local health organ-
    32  izations  established  pursuant  to  article  three of this chapter. The
    33  appropriate local health organizations established pursuant  to  article
    34  three  of  this  chapter  shall issue a general notice to owners of real
    35  property served by private wells located in the  vicinity  of  the  real
    36  property  experiencing the water test failure suggesting or recommending
    37  that those property owners may wish to have their private  wells  tested
    38  for at least the constituents at issue. The specific address or location
    39  of  the private well that failed a water test shall not be identified in
    40  the notice or by any other means or in any other manner. The  department
    41  shall  establish  criteria for notification which may include, but shall
    42  not be limited to, the maximum constituent level, the  level  of  excee-
    43  dance  reported,  and  the distance or location of the properties in the
    44  vicinity of the contaminated well for which testing is recommended.
    45    6. Within two years after the effective date of this section,  and  at
    46  least  once every five years thereafter, the lessor of any real property
    47  the potable water supply for which is a private  well  shall  test  that
    48  water  supply  in the manner established pursuant to this section for at
    49  least the constituents required pursuant to subdivisions two  and  three
    50  of  this  section.  Within  thirty  days  after  the receipt of the test
    51  results, the lessor shall also provide a written copy  thereof  to  each
    52  lessee of a rental unit on the property. The lessor shall also provide a
    53  written copy of the most recent test results to a new lessee of a rental
    54  unit on the property.
    55    7. (a) The department, in consultation with the department of environ-
    56  mental conservation, and local health organizations established pursuant

        S. 119--A                           5
 
     1  to  article  three  of this chapter shall establish a public information
     2  and education program to inform the public and appropriate  professional
     3  disciplines  of  the  enactment of this section and the substance of its
     4  provisions  and  requirements, the potential health effects of consuming
     5  water from a private well that does not meet maximum constituent  levels
     6  and other established water quality standards, the potential presence of
     7  radium  in  at least some potable groundwater supplies in the state, the
     8  geographic areas in the state subject to an actual or  potential  threat
     9  of  danger  from  contaminated  groundwater,  the  importance of testing
    10  private wells regularly for constituents, and suggested water  treatment
    11  techniques,  equipment  strategies  and public funding sources available
    12  for treating water from private wells that  have  failed  a  water  test
    13  conducted in accordance with this section.
    14    (b) The department shall make available to the public a general compi-
    15  lation  of  water test results data arranged or identified by county and
    16  municipality or appropriate geographic area therein, but which does  not
    17  include specific address or location information.
    18    8.  Within  three  years  of  the  effective date of this section, the
    19  department shall prepare and transmit to the governor and legislature  a
    20  report  on the implementation and operation of this section. Such report
    21  shall also describe the benefits and deficiencies realized as  a  result
    22  of this section and include recommendations for any appropriate legisla-
    23  tive  action.  The report shall also be made available to the public and
    24  be posted on the department's website.
    25    § 6. The real property law is amended by adding a new section  468  to
    26  read as follows:
    27    §  468.  Private well testing requirements.  1. Every contract for the
    28  sale of real property, including a multiple family dwelling  as  defined
    29  in  section eight hundred two of the executive law, which is served by a
    30  private well that is the potable water supply for  such  property  shall
    31  include  a  provision  requiring  as a condition of sale, the testing of
    32  such water supply for at least  the  standards  prescribed  pursuant  to
    33  section  eleven  hundred  eleven of the public health law. Provisions of
    34  this section shall not apply to property where the potable water  supply
    35  has five or more service connections or that regularly serves an average
    36  of  twenty-five or more individuals daily for at least sixty days out of
    37  the year.
    38    2. Closing of title on the sale of such real property shall not  occur
    39  unless  both  the buyer and the seller have received and reviewed a copy
    40  of the water test results. At closing, the buyer and seller  both  shall
    41  certify  in  writing that they have received and reviewed the water test
    42  results.
    43    3. The requirements of this section may not be waived.
    44    § 7. This act shall take effect on the one hundred eightieth day after
    45  it shall have become a law. Effective immediately, the addition,  amend-
    46  ment and/or repeal of any rule or regulation necessary for the implemen-
    47  tation  of this act on its effective date are authorized and directed to
    48  be made and completed on or before such effective date.
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