S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  119--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "private well testing act".
   § 2. Subdivision 1 of section 3-0315 of the environmental conservation
 law,  as  amended  by  section 12 of part T of chapter 57 of the laws of
 2017, is amended to read as follows:
   1. The department in conjunction with the commissioner of health shall
 create and maintain a geographic information system, and associated data
 storage and analytical systems for purposes of collecting, streamlining,
 and visualizing integrated  data,  permits,  and  relevant  sites  about
 drinking  water  quality  including,  but  not limited to, incorporating
 supply well and monitoring well data, emerging contaminant  data,  water
 quality  monitoring  data,  pertinent data from remediation and landfill
 sites, permitted discharge locations and other  potential  contamination
 risks  to water supplies. Such system shall also incorporate information
 from the source water assessment program collected by the department  of
 health,  INFORMATION COLLECTED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN
 OF THE PUBLIC HEALTH LAW,  data  from  annual  water  supply  statements
 prepared  pursuant  to  section  eleven  hundred fifty-one of the public
 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
 
 article  twenty-seven  of  this  chapter,  and  any  other existing data
 regarding soil and groundwater contamination currently gathered  by  the
 department,  as  well as data on contamination that is readily available
 from  the  United  States geological survey and other sources determined
 appropriate by the department. In addition to  facilitating  interagency
 coordination  and  predictive  analysis  to  protect water quality, such
 system shall provide state agency information to the  public  through  a
 website,  within  reasonable  limitations  to ensure confidentiality and
 security.
   § 3. Section 206 of the public health law is amended by adding  a  new
 subdivision 31 to read as follows:
   31.  THE  COMMISSIONER  IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES
 AND REGULATIONS TO ESTABLISH STANDARDS FOR THE TESTING OF DRINKING WATER
 FROM PRIVATELY OWNED WELLS. SUCH STANDARDS  SHALL  APPLY  TO  ANY  WATER
 WELLS SUBJECT TO SUBDIVISION EIGHTEEN OF THIS SECTION, AS ADDED BY CHAP-
 TER  THREE  HUNDRED  NINETY-FIVE OF THE LAWS OF NINETEEN HUNDRED NINETY-
 NINE. SUCH TESTING SHALL BE TO DETERMINE THE QUALITY, SAFETY AND  EXIST-
 ING LEVEL OF CONTAMINATION OF DRINKING WATER FROM PRIVATELY OWNED WELLS.
   §  4.  Subdivision  1  of  section  1100  of the public health law, as
 amended by chapter 655 of the laws  of  1978,  is  amended  to  read  as
 follows:
   1.  The  department  may make rules and regulations for the protection
 from contamination of any or all public OR PRIVATE supplies  of  potable
 waters  and  water supplies of the state or United States, institutions,
 parks, reservations or posts and their sources within the state, and the
 commissioner of environmental protection of the city of New York and the
 board of water supply of the city of New York may make  such  rules  and
 regulations subject to the approval of the department for the protection
 from  contamination  of any or all public OR PRIVATE supplies of potable
 waters and their sources within the state where the  same  constitute  a
 part of the source of the public OR PRIVATE water supply of said city.
   §  5. The public health law is amended by adding a new section 1111 to
 read as follows:
   § 1111. PRIVATE WELL TESTING. 1.  (A) THE DEPARTMENT SHALL  PROMULGATE
 REGULATIONS  PROVIDING  FOR  THE  TESTING OF DRINKING WATER FROM PRIVATE
 WELLS LOCATED ON REAL PROPERTY SUBJECT TO THIS SECTION.
   (B) ANY CONTRACT FOR THE SALE OF REAL PROPERTY, INCLUDING  A  MULTIPLE
 FAMILY DWELLING AS DEFINED IN SECTION EIGHT HUNDRED TWO OF THE EXECUTIVE
 LAW,  WHICH IS SERVED BY A PRIVATE WELL THAT IS THE POTABLE WATER SUPPLY
 FOR SUCH PROPERTY SHALL INCLUDE A PROVISION REQUIRING AS A CONDITION  OF
 SALE,  THE  TESTING  OF  SUCH  WATER  SUPPLY  FOR AT LEAST THE STANDARDS
 PRESCRIBED PURSUANT TO THIS SECTION. PROVISIONS OF  THIS  SECTION  SHALL
 NOT  APPLY  TO  PROPERTY WHERE THE POTABLE WATER SUPPLY HAS FIVE OR MORE
 SERVICE CONNECTIONS OR THAT REGULARLY SERVES AN AVERAGE  OF  TWENTY-FIVE
 OR MORE INDIVIDUALS DAILY FOR AT LEAST SIXTY DAYS OUT OF THE YEAR.
   (C) WATER SAMPLING SHALL BE DONE, PREFERABLY BY A LABORATORY CERTIFIED
 BY THE DEPARTMENT, IN THE FOLLOWING MANNER:
   (I)  IF  THERE  IS  NO WATER TREATMENT SYSTEM IN USE ON THE WATER WELL
 BEING TESTED, SAMPLES SHALL BE COLLECTED  FROM  A  PRIMARY  COLD  WATER,
 NON-AERATED  SPIGOT OR TAP THAT DRAWS FROM OR FEEDS WATER TO THE POTABLE
 WATER SYSTEM FROM SUCH WATER;
   (II) WHERE A WATER TREATMENT SYSTEM IS IN  USE  ON  THE  WATER  SUPPLY
 SYSTEM, THE SAMPLE SHALL BE COLLECTED AS FOLLOWS:
   (A)  THE  WATER  TREATMENT  SYSTEM  SHALL BE DISCONNECTED OR OTHERWISE
 DISABLED PRIOR TO THE COLLECTION OF THE WATER SAMPLE; OR

 S. 119--A                           3
 
   (B) THE SAMPLE SHALL BE COLLECTED AT A LOCATION  PRIOR  TO  THE  WATER
 TREATMENT SYSTEM; OR
   (III)  IN  THE  CASE OF A NEW WELL CONSTRUCTION AND INSTALLATION WHERE
 THERE IS NO SPIGOT OR TAP ON THE SUBJECT PROPERTY,  THE  SAMPLE  MAY  BE
 COLLECTED DIRECTLY AT THE WELLHEAD, UTILIZING A RAW WATER SAMPLE.
   2. EVERY WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION SHALL BE
 CONDUCTED  BY  A  LABORATORY  CERTIFIED  BY  THE  DEPARTMENT PURSUANT TO
 SECTION FIVE HUNDRED TWO OF THIS CHAPTER  TO  TEST  FOR  DRINKING  WATER
 CONSTITUENTS AND SHALL INCLUDE BUT NOT BE LIMITED TO A TEST FOR AT LEAST
 THE FOLLOWING CONSTITUENTS: BACTERIA (TOTAL COLIFORM); SODIUM; NITRITES;
 NITRATES; IRON; MANGANESE; IRON PLUS MANGANESE; PH; ALL VOLATILE ORGANIC
 COMPOUNDS  FOR  WHICH  MAXIMUM  CONSTITUENT LEVELS HAVE BEEN ESTABLISHED
 PURSUANT TO PUBLIC HEALTH REGULATIONS; AND LEAD.
   3. (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, AND LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT
 TO ARTICLE THREE OF THIS CHAPTER MAY RECOMMEND  ADDITIONAL  TESTING  FOR
 CONSTITUENTS THAT APPEAR ON A COUNTY OR REGIONAL BASIS INCLUDING BUT NOT
 LIMITED  TO  ARSENIC,  BARIUM,  FLUORIDE,  MERCURY, METHANE, RADIUM, AND
 RADON.
   (B) THE DEPARTMENT MAY, BY RULE OR REGULATION,  EXCLUDE  OR  LIMIT  BY
 GEOGRAPHIC  AREA  OR  GEOLOGIC  FORMATION,  OR  BASED UPON WELL RECORDED
 INFORMATION, ANY CONSTITUENT  LISTED  IN  THIS  SECTION  DEEMED  BY  THE
 DEPARTMENT AS NOT SIGNIFICANT IN A COUNTY OR IN ANY SPECIFIC AREA WITHIN
 A  COUNTY  AND  SUCH AREA OF FORMATION NEED NOT BE TESTED AS PART OF ANY
 WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION.
   (C) FOR EACH CONSTITUENT TO BE TESTED  FOR  IN  ACCORDANCE  WITH  THIS
 SECTION,  THE  DEPARTMENT  SHALL ESTABLISH, BY REGULATION A MAXIMUM TIME
 PERIOD FOR WHICH A TEST RESULT SHALL REMAIN VALID FOR  THE  PURPOSES  OF
 THIS  SECTION  WITHOUT  NECESSITATING  RETESTING  FOR  SUCH CONSTITUENT;
 PROVIDED, HOWEVER, SUCH TIME PERIOD SHALL NOT EXCEED  TWELVE  MONTHS.  A
 RETEST  OF  THE  WATER  SUPPLY  SHALL  NOT  BE REQUIRED PURSUANT TO THIS
 SECTION IF THE CONTRACT OF SALE IS ENTERED INTO  WITHIN  THE  PERIOD  OF
 TEST  VALIDITY  ESTABLISHED PURSUANT TO THIS PARAGRAPH.  NOTWITHSTANDING
 ANY PROVISION OF THIS PARAGRAPH TO THE  CONTRARY,  A  BUYER  AND  SELLER
 SUBJECT  TO  THE PROVISIONS OF THIS SECTION MAY MUTUALLY AGREE TO RETEST
 FOR A CONSTITUENT EVEN THOUGH THE MAXIMUM TIME PERIOD FOR TEST  VALIDITY
 FOR  THE  CONSTITUENT  ESTABLISHED  PURSUANT  TO  THIS  SECTION  HAS NOT
 EXPIRED.
   4. (A) ANY WATER TEST RESULTS PROVIDED BY A LABORATORY TO  THE  PERSON
 OR  PERSONS  REQUESTING  THE  TEST SHALL INCLUDE THE MAXIMUM CONSTITUENT
 LEVELS OR OTHER ESTABLISHED WATER QUALITY STANDARDS, IF ANY,  PRESCRIBED
 BY  THE  DEPARTMENT FOR EACH CONSTITUENT TESTED AND SHALL BE TRANSMITTED
 ON A STANDARDIZED PRIVATE WELL WATER TEST REPORTING FORM  PRESCRIBED  BY
 THE  DEPARTMENT.  THE  FORM SHALL REFER THE BUYER AND SELLER OF THE REAL
 PROPERTY IN QUESTION TO THE APPROPRIATE  OFFICE  OR  PERSON  WITHIN  THE
 DEPARTMENT,  OR THE DEPARTMENT'S WEBSITE FOR INFORMATION REGARDING REME-
 DIATION ALTERNATIVES.
   (B) WITHIN TEN BUSINESS DAYS AFTER COMPLETION OF  THE  WATER  TEST,  A
 LABORATORY  SHALL  SUBMIT  THE WATER TEST RESULTS TO THE DEPARTMENT WITH
 THE FOLLOWING INFORMATION:
   (I) A STATEMENT THAT THE TESTING IS FOR THE PURPOSE OF COMPLYING  WITH
 THE "PRIVATE WELL TESTING ACT";
   (II)  THE  LOCATION  OF  THE REAL PROPERTY, DESCRIBED BY BLOCK AND LOT
 NUMBER, STREET ADDRESS, MUNICIPALITY, AND COUNTY;
   (III) THE NAME AND MAILING ADDRESS OF THE PERSON OR PERSONS MAKING THE
 REQUEST FOR THE TEST;

 S. 119--A                           4
 
   (IV) AN AFFIDAVIT STATING THE DATE AND TIME THAT THE WATER SAMPLE  WAS
 COLLECTED  AND  THE  SPECIFIC POINT OF COLLECTION AND THE LEGAL NAME AND
 MAILING ADDRESS OF THE  PERSON  OR  PERSONS  COLLECTING  THE  RAW  WATER
 SAMPLES;
   (V) THE DATE AND TIME THE SAMPLE WAS ANALYZED BY THE LABORATORY; AND
   (VI)  SUCH  OTHER INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT, IN
 CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AND
 APPROPRIATE  LOCAL  HEALTH ORGANIZATIONS ESTABLISHED PURSUANT TO ARTICLE
 THREE OF THIS CHAPTER.
   (C) THE DEPARTMENT MAY REQUIRE LABORATORIES TO  SUBMIT  ELECTRONICALLY
 THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (D)  A  LABORATORY  SHALL NOT RELEASE WATER TEST RESULTS TO ANY PERSON
 EXCEPT THE BUYER OR SELLER OF THE REAL PROPERTY AT ISSUE AS PROVIDED  IN
 SUBDIVISION  ONE  OF  THIS  SECTION,  THE LESSOR OF THE REAL PROPERTY AS
 PROVIDED IN SUBDIVISION SIX OF THIS SECTION, ANY  PERSON  AUTHORIZED  BY
 THE BUYER, SELLER, OR LESSOR, AS THE CASE MAY BE, THE DEPARTMENT, OR ANY
 PERSON DESIGNATED BY COURT ORDER.
   (E) THE DEPARTMENT SHALL MAKE THE DATA ACCUMULATED FROM THE WATER TEST
 RESULTS  SUBMITTED BY LABORATORIES PURSUANT TO THIS SECTION AVAILABLE TO
 COUNTIES,  MUNICIPALITIES,  OR  OTHER  GOVERNMENTAL  ENTITIES  FOR   THE
 PURPOSES OF STUDYING GROUNDWATER SUPPLIES OR CONTAMINATION IN THE STATE;
 PROVIDED, HOWEVER, THAT IDENTIFYING INFORMATION IS REMOVED.
   (F)  THE  RESULTS OF WATER WELL TESTS SHALL BE PROVIDED TO THE DEPART-
 MENT OF  ENVIRONMENTAL  CONSERVATION  FOR  INCLUSION  IN  THE  STATEWIDE
 GROUNDWATER  REMEDIATION  STRATEGY  DEVELOPED IN ACCORDANCE WITH SECTION
 15-3109 OF THE ENVIRONMENTAL CONSERVATION LAW AND THE GEOGRAPHIC  INFOR-
 MATION  SYSTEM  DEVELOPED IN ACCORDANCE WITH SECTION 3-0315 OF THE ENVI-
 RONMENTAL CONSERVATION LAW.
   5. THE DEPARTMENT, WITHIN TEN BUSINESS DAYS AFTER RECEIVING ANY REPORT
 OF A WATER TEST FAILURE IN ACCORDANCE WITH THIS SECTION,  SHALL  PROVIDE
 NOTICE OF SUCH WATER TEST FAILURE TO THE APPROPRIATE LOCAL HEALTH ORGAN-
 IZATIONS  ESTABLISHED  PURSUANT  TO  ARTICLE  THREE OF THIS CHAPTER. THE
 APPROPRIATE LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT  TO  ARTICLE
 THREE  OF  THIS  CHAPTER  SHALL ISSUE A GENERAL NOTICE TO OWNERS OF REAL
 PROPERTY SERVED BY PRIVATE WELLS LOCATED IN THE  VICINITY  OF  THE  REAL
 PROPERTY  EXPERIENCING THE WATER TEST FAILURE SUGGESTING OR RECOMMENDING
 THAT THOSE PROPERTY OWNERS MAY WISH TO HAVE THEIR PRIVATE  WELLS  TESTED
 FOR AT LEAST THE CONSTITUENTS AT ISSUE. THE SPECIFIC ADDRESS OR LOCATION
 OF  THE PRIVATE WELL THAT FAILED A WATER TEST SHALL NOT BE IDENTIFIED IN
 THE NOTICE OR BY ANY OTHER MEANS OR IN ANY OTHER MANNER. THE  DEPARTMENT
 SHALL  ESTABLISH  CRITERIA FOR NOTIFICATION WHICH MAY INCLUDE, BUT SHALL
 NOT BE LIMITED TO, THE MAXIMUM CONSTITUENT LEVEL, THE  LEVEL  OF  EXCEE-
 DANCE  REPORTED,  AND  THE DISTANCE OR LOCATION OF THE PROPERTIES IN THE
 VICINITY OF THE CONTAMINATED WELL FOR WHICH TESTING IS RECOMMENDED.
   6. WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,  AND  AT
 LEAST  ONCE EVERY FIVE YEARS THEREAFTER, THE LESSOR OF ANY REAL PROPERTY
 THE POTABLE WATER SUPPLY FOR WHICH IS A PRIVATE  WELL  SHALL  TEST  THAT
 WATER  SUPPLY  IN THE MANNER ESTABLISHED PURSUANT TO THIS SECTION FOR AT
 LEAST THE CONSTITUENTS REQUIRED PURSUANT TO SUBDIVISIONS TWO  AND  THREE
 OF  THIS  SECTION.  WITHIN  THIRTY  DAYS  AFTER  THE RECEIPT OF THE TEST
 RESULTS, THE LESSOR SHALL ALSO PROVIDE A WRITTEN COPY  THEREOF  TO  EACH
 LESSEE OF A RENTAL UNIT ON THE PROPERTY. THE LESSOR SHALL ALSO PROVIDE A
 WRITTEN COPY OF THE MOST RECENT TEST RESULTS TO A NEW LESSEE OF A RENTAL
 UNIT ON THE PROPERTY.
   7. (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, AND LOCAL HEALTH ORGANIZATIONS ESTABLISHED PURSUANT

 S. 119--A                           5
 
 TO  ARTICLE  THREE  OF THIS CHAPTER SHALL ESTABLISH A PUBLIC INFORMATION
 AND EDUCATION PROGRAM TO INFORM THE PUBLIC AND APPROPRIATE  PROFESSIONAL
 DISCIPLINES  OF  THE  ENACTMENT OF THIS SECTION AND THE SUBSTANCE OF ITS
 PROVISIONS  AND  REQUIREMENTS, THE POTENTIAL HEALTH EFFECTS OF CONSUMING
 WATER FROM A PRIVATE WELL THAT DOES NOT MEET MAXIMUM CONSTITUENT  LEVELS
 AND OTHER ESTABLISHED WATER QUALITY STANDARDS, THE POTENTIAL PRESENCE OF
 RADIUM  IN  AT LEAST SOME POTABLE GROUNDWATER SUPPLIES IN THE STATE, THE
 GEOGRAPHIC AREAS IN THE STATE SUBJECT TO AN ACTUAL OR  POTENTIAL  THREAT
 OF  DANGER  FROM  CONTAMINATED  GROUNDWATER,  THE  IMPORTANCE OF TESTING
 PRIVATE WELLS REGULARLY FOR CONSTITUENTS, AND SUGGESTED WATER  TREATMENT
 TECHNIQUES,  EQUIPMENT  STRATEGIES  AND PUBLIC FUNDING SOURCES AVAILABLE
 FOR TREATING WATER FROM PRIVATE WELLS THAT  HAVE  FAILED  A  WATER  TEST
 CONDUCTED IN ACCORDANCE WITH THIS SECTION.
   (B) THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC A GENERAL COMPI-
 LATION  OF  WATER TEST RESULTS DATA ARRANGED OR IDENTIFIED BY COUNTY AND
 MUNICIPALITY OR APPROPRIATE GEOGRAPHIC AREA THEREIN, BUT WHICH DOES  NOT
 INCLUDE SPECIFIC ADDRESS OR LOCATION INFORMATION.
   8.  WITHIN  THREE  YEARS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
 DEPARTMENT SHALL PREPARE AND TRANSMIT TO THE GOVERNOR AND LEGISLATURE  A
 REPORT  ON THE IMPLEMENTATION AND OPERATION OF THIS SECTION. SUCH REPORT
 SHALL ALSO DESCRIBE THE BENEFITS AND DEFICIENCIES REALIZED AS  A  RESULT
 OF THIS SECTION AND INCLUDE RECOMMENDATIONS FOR ANY APPROPRIATE LEGISLA-
 TIVE  ACTION.  THE REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND
 BE POSTED ON THE DEPARTMENT'S WEBSITE.
   § 6. The real property law is amended by adding a new section  468  to
 read as follows:
   §  468.  PRIVATE WELL TESTING REQUIREMENTS.  1. EVERY CONTRACT FOR THE
 SALE OF REAL PROPERTY, INCLUDING A MULTIPLE FAMILY DWELLING  AS  DEFINED
 IN  SECTION EIGHT HUNDRED TWO OF THE EXECUTIVE LAW, WHICH IS SERVED BY A
 PRIVATE WELL THAT IS THE POTABLE WATER SUPPLY FOR  SUCH  PROPERTY  SHALL
 INCLUDE  A  PROVISION  REQUIRING  AS A CONDITION OF SALE, THE TESTING OF
 SUCH WATER SUPPLY FOR AT LEAST  THE  STANDARDS  PRESCRIBED  PURSUANT  TO
 SECTION  ELEVEN  HUNDRED  ELEVEN OF THE PUBLIC HEALTH LAW. PROVISIONS OF
 THIS SECTION SHALL NOT APPLY TO PROPERTY WHERE THE POTABLE WATER  SUPPLY
 HAS FIVE OR MORE SERVICE CONNECTIONS OR THAT REGULARLY SERVES AN AVERAGE
 OF  TWENTY-FIVE OR MORE INDIVIDUALS DAILY FOR AT LEAST SIXTY DAYS OUT OF
 THE YEAR.
   2. CLOSING OF TITLE ON THE SALE OF SUCH REAL PROPERTY SHALL NOT  OCCUR
 UNLESS  BOTH  THE BUYER AND THE SELLER HAVE RECEIVED AND REVIEWED A COPY
 OF THE WATER TEST RESULTS. AT CLOSING, THE BUYER AND SELLER  BOTH  SHALL
 CERTIFY  IN  WRITING THAT THEY HAVE RECEIVED AND REVIEWED THE WATER TEST
 RESULTS.
   3. THE REQUIREMENTS OF THIS SECTION MAY NOT BE WAIVED.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.