Assembly Bill A9330A

2023-2024 Legislative Session

Relates to individual sewage disposal disclosures and providing information on the property condition disclosure statement

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions

Bill Amendments

co-Sponsors

2023-A9330 - Details

See Senate Version of this Bill:
S8506
Law Section:
General Business Law
Laws Affected:
Amd §396-s, Gen Bus L; amd §462, RP L

2023-A9330 - Summary

Provides that a health pamphlet shall be delivered to a vendee regarding sewage disposal systems; provides information on septic system operation and maintenance on the property condition disclosure statement.

2023-A9330 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9330
 
                           I N  A S S E M B L Y
 
                             February 29, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business  law,  in  relation  to  individual
   sewage disposal system disclosures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 2, 3 and 5 of section  396-s  of  the  general
 business  law,  as added by chapter 521 of the laws of 1980, are amended
 to read as follows:
   2. On and after July first, [nineteen hundred eighty-one] TWO THOUSAND
 TWENTY-FIVE every HOME SELLER AND vendor shall, either in person  or  by
 certified mail, deliver to a vendee at the time of the transfer of title
 of  the  [newly  constructed]  home  serviced  by  an  individual sewage
 disposal system a copy of the health bulletin. If the political subdivi-
 sion within which the home is located has published  a  waste  treatment
 handbook  or  pamphlet  on  individual sewage disposal systems, the HOME
 SELLER OR vendor, AS APPLICABLE, shall supply a copy  of  such  informa-
 tional material to the vendee in the same manner as the health pamphlet.
   3.  The commissioner of the department of health is hereby directed to
 modify the contents of the health pamphlet in such a  manner  that  such
 bulletin  shall  contain  information  relating  to the proper method of
 operating and  maintaining  individual  sewage  disposal  systems.  Such
 information  shall be in clear and concise language readily comprehensi-
 ble by vendees and shall identify potential problems  that  vendees  may
 encounter  with  individual sewage disposal systems. The modification to
 the health bulletin required by this subdivision shall  be  made  on  or
 before  the  effective date of this section and shall be included within
 any health pamphlet to be distributed by the  department  on  and  after
 July first, [nineteen hundred eighty-one] THOUSAND TWENTY-FIVE.
   5.  Any  HOME SELLER OR vendor violating this section shall be subject
 to a fine of [one] FIVE hundred dollars.
   § 2. This act shall take effect July 1, 2025.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14097-01-4

              

co-Sponsors

2023-A9330A (ACTIVE) - Details

See Senate Version of this Bill:
S8506
Law Section:
General Business Law
Laws Affected:
Amd §396-s, Gen Bus L; amd §462, RP L

2023-A9330A (ACTIVE) - Summary

Provides that a health pamphlet shall be delivered to a vendee regarding sewage disposal systems; provides information on septic system operation and maintenance on the property condition disclosure statement.

2023-A9330A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9330--A
 
                           I N  A S S E M B L Y
 
                             February 29, 2024
                                ___________
 
 Introduced by M. of A. BURDICK, WOERNER -- read once and referred to the
   Committee  on Consumer Affairs and Protection -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  general business law, in relation to individual
   sewage disposal system disclosures; and to  amend  the  real  property
   law,  in  relation to providing information on septic system operation
   and maintenance on the property condition disclosure statement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  2,  3 and 5 of section 396-s of the general
 business law, as added by chapter 521 of the laws of 1980,  are  amended
 to read as follows:
   2.  On  and after July first, nineteen hundred eighty-one every vendor
 shall, either in person or by certified mail, deliver to a vendee at the
 time of the transfer of title of the [newly constructed]  home  serviced
 by  an individual sewage disposal system a copy of the health [bulletin]
 PAMPHLET.  If the political subdivision within which the home is located
 has published a waste  treatment  handbook  or  pamphlet  on  individual
 sewage disposal systems, the vendor shall supply a copy of such informa-
 tional material to the vendee in the same manner as the health pamphlet.
   3.  The commissioner of the department of health is hereby directed to
 modify the contents of the health pamphlet in such a  manner  that  such
 [bulletin]  PAMPHLET  shall  contain  information relating to the proper
 method of operating and maintaining individual sewage disposal  systems.
 Such  information shall be in clear and concise language readily compre-
 hensible by vendees and shall identify potential problems  that  vendees
 may  encounter with individual sewage disposal systems. The modification
 to the health [bulletin] PAMPHLET required by this subdivision shall  be
 made  on  or  before  the  effective  date  of this section and shall be
 included within any health pamphlet to be distributed by the  department
 on and after July first, nineteen hundred eighty-one.
   5.  Any  vendor  violating this section shall be [subject to a fine of
 one]  ASSESSED A CIVIL PENALTY NOT TO EXCEED TWO hundred FIFTY dollars.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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