S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3506--A                                            A. 7083--A
                                                        Cal. No. 470

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 20, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sen.  THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  recommitted  to  the Committee on Health in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. JAFFEE, SWEENEY, BRODSKY, ENGLE-
  BRIGHT, LANCMAN, ZEBROWSKI, LUPARDO, KAVANAGH,  KOON,  CALHOUN,  McDO-
  NOUGH,  CASTRO,  SCHIMEL,  LIFTON  --  Multi-Sponsored  by -- M. of A.
  BOYLAND, GALEF, JOHN,  MAGEE,  MOLINARO,  RAMOS,  RUSSELL,  SKARTADOS,
  THIELE  --  read  once  and  referred  to  the  Committee on Health --
  reported from committee, advanced to  a  third  reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  public health law and the real property law, in
  relation to enacting the "well water education act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
the "well water education act".
  S 2. Section 206 of the public health law is amended by adding  a  new
subdivision 27 to read as follows:
  27. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH AND MAIN-
TAIN  A  PUBLIC  EDUCATION  PROGRAM TO INFORM THE PUBLIC AND APPROPRIATE
PROFESSIONAL DISCIPLINES OF THE POTENTIAL HEALTH  EFFECTS  OF  CONSUMING
WATER THAT DOES NOT MEET STATE DRINKING WATER STANDARDS. AS PART OF THIS
EDUCATION  PROGRAM,  THE  DEPARTMENT  SHALL PREPARE MATERIALS TO EDUCATE
CONSUMERS WHO OBTAIN DRINKING WATER FROM PRIVATE WELLS ON THE IMPORTANCE
OF REGULARLY TESTING FOR CONTAMINATION.
  (A) SUCH EDUCATIONAL MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) INFORMATION ON POTENTIAL CONTAMINANTS INCLUDING:  COLIFORM  BACTE-
RIA,  CHLORIDES,  SODIUM,  ARSENIC, NITRATES, IRON, MANGANESE, LEAD, PH,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03648-04-0

S. 3506--A                          2                         A. 7083--A

VOLATILE ORGANIC COMPOUNDS FOR WHICH  MAXIMUM  CONTAMINANT  LEVELS  HAVE
BEEN  ESTABLISHED PURSUANT TO PUBLIC HEALTH REGULATIONS, VINYL CHLORIDE,
MTBE, AND RADON;
  (II)  AN  EXPLANATION THAT CONTAMINATION OF GROUNDWATER CAN OCCUR FROM
MIGRATION OF  CONTAMINANTS  THAT  MAY  NOT  YET  HAVE  BEEN  IDENTIFIED.
FURTHER, IT SHOULD BE EMPHASIZED THAT CONTAMINATED WATER DOES NOT NECES-
SARILY  RESULT  IN  OBVIOUS ODORS OR COLOR CHANGES IN DRINKING WATER AND
THAT THE ONLY WAY TO ENSURE THAT WATER MEETS STATE DRINKING WATER STAND-
ARDS IS TO HAVE IT TESTED BY A STATE CERTIFIED LABORATORY;
  (III) INFORMATION ON THE MAXIMUM CONTAMINANT LEVELS, OR PUBLIC  HEALTH
STANDARDS, FOR THOSE CONTAMINANTS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH  AND  THE POTENTIAL HEALTH IMPACTS OF EXPOSURE TO SUCH CONTAM-
INANTS ABOVE SUCH LEVELS;
  (IV)  A  RECOMMENDATION  THAT  ANY  WATER  TEST  CONDUCTED  SHOULD  BE
CONDUCTED BY A LABORATORY CERTIFIED BY THE DEPARTMENT TO TEST FOR DRINK-
ING WATER CONTAMINANTS;
  (V)  INFORMATION  ON THE IMPORTANCE OF TESTING PRIVATE WELLS REGULARLY
FOR CONTAMINANTS THAT EXCEED STATE STANDARDS;
  (VI) ENCOURAGING RESIDENTS TO PROVIDE THEIR  LOCAL  AND  STATE  HEALTH
DEPARTMENT WITH ANY RESULTS OF TESTS THAT EXCEED STATE STANDARDS; AND
  (VII) INFORMATION ON WATER TREATMENT TECHNIQUES AND EQUIPMENT.
  (B) (I) THE DEPARTMENT SHALL MAKE SUCH EDUCATIONAL MATERIALS AVAILABLE
TO THE PUBLIC ON THEIR WEBSITE AND UPON REQUEST TO THE GENERAL PUBLIC.
  (II)  THE  DEPARTMENT,  IN  CONSULTATION WITH THE DEPARTMENT OF STATE,
SHALL REQUIRE THAT:
  (A) LICENSED HOME INSPECTORS,  AS  DEFINED  IN  SECTION  FOUR  HUNDRED
FORTY-FOUR-B OF THE REAL PROPERTY LAW, ARE PROVIDED WITH SUCH MATERIALS,
WHICH  SHALL  BE  PROVIDED BY THE LICENSED HOME INSPECTOR TO EACH CLIENT
WHOSE PROPERTY OR POTENTIAL PROPERTY IS SERVED BY A PRIVATE WELL THAT IS
THE POTABLE WATER SUPPLY FOR SUCH PROPERTY; AND
  (B) LICENSED REAL ESTATE SALESMAN, REAL ESTATE  BROKERS  OR  ASSOCIATE
REAL  ESTATE  BROKERS,  AS  DEFINED IN SECTION FOUR HUNDRED FORTY OF THE
REAL PROPERTY LAW, PROVIDE SUCH INFORMATION TO THEIR CLIENTS WHOSE PROP-
ERTY OR POTENTIAL PROPERTY IS SERVED BY A PRIVATE WELL THAT IS THE POTA-
BLE WATER SUPPLY FOR SUCH PROPERTY, AT THE TIME SUCH CLIENTS ENTER  INTO
A CONTRACT FOR THE SALE OF SUCH PROPERTY.
  S 3. Section 444-g of the real property law is amended by adding a new
subdivision 3-a to read as follows:
  3-A.  EVERY HOME INSPECTOR SHALL PROVIDE TO EACH CLIENT, WHO MAY BE AN
OWNER, PROSPECTIVE BUYER OR OTHER INTERESTED INDIVIDUAL, WHOSE RESIDENCE
OR POTENTIAL RESIDENCE IS SERVED BY A PRIVATE WELL THAT IS  THE  POTABLE
WATER  SUPPLY  FOR  SUCH PROPERTY, EDUCATIONAL MATERIALS PREPARED BY THE
DEPARTMENT OF HEALTH PURSUANT TO SUBDIVISION TWENTY-SEVEN OF SECTION TWO
HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATING TO THE REGULAR TESTING  OF
THE QUALITY OF DRINKING WATER FROM WELLS.
  S  4. Section 466 of the real property law, as added by chapter 456 of
the laws of 2001, is amended to read as follows:
  S 466. Duty of an agent. 1. An agent representing a seller of residen-
tial real property as a listing broker shall have  the  duty  to  timely
inform each seller represented by that agent of the seller's obligations
under  this  article.  An agent representing a buyer of residential real
property, or, if the buyer is not represented by  an  agent,  the  agent
representing  a  seller  of residential real property and dealing with a
prospective buyer, shall have the duty to timely (in any  event,  before
the  buyer  signs  a  binding contract of sale) inform such buyer of the
buyer's rights and obligations under this article[. If an agent performs

S. 3506--A                          3                         A. 7083--A

the duties and obligations imposed upon him  or  her  pursuant  to  this
section,  the  agent shall have no further duties under this article and
shall not be liable to any party for a violation of this article.]; AND
  2. AN AGENT REPRESENTING A BUYER OR SELLER OF RESIDENTIAL REAL PROPER-
TY  AS  A  LISTING  BROKER SHALL HAVE THE DUTY TO PROVIDE A PURCHASER OF
REAL PROPERTY THAT IS SERVED BY A PRIVATE  WELL  WHICH  IS  THE  POTABLE
WATER SUPPLY FOR SUCH PROPERTY WITH PUBLIC EDUCATION INFORMATION CREATED
BY  THE  DEPARTMENT  OF HEALTH UNDER SUBDIVISION TWENTY-SEVEN OF SECTION
TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW RELATED TO REGULAR  TESTING  OF
THE QUALITY OF DRINKING WATER FROM SUCH WELLS, AT THE TIME SUCH PURCHAS-
ER ENTERS INTO A CONTRACT FOR THE SALE OF SUCH PROPERTY.
  3. IF AN AGENT PERFORMS THE DUTIES AND OBLIGATIONS IMPOSED UPON HIM OR
HER BY SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE AGENT SHALL HAVE NO
FURTHER  DUTIES  UNDER THIS ARTICLE AND SHALL NOT BE LIABLE TO ANY PARTY
FOR A VIOLATION OF THIS ARTICLE.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.