Bill Text: NY A09533 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-05-31 - print number 9533a [A09533 Detail]
Download: New_York-2021-A09533-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9533--A IN ASSEMBLY March 16, 2022 ___________ Introduced by M. of A. ABINANTI, L. ROSENTHAL -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 20 article twenty-seven of this chapter, and any other existing data 21 regarding soil and groundwater contamination currently gathered by the 22 department, as well as data on contamination that is readily available 23 from the United States geological survey and other sources determined 24 appropriate by the department. In addition to facilitating interagency 25 coordination and predictive analysis to protect water quality, such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03140-05-2A. 9533--A 2 1 system shall provide state agency information to the public through a 2 website, within reasonable limitations to ensure confidentiality and 3 security. 4 § 3. Section 206 of the public health law is amended by adding a new 5 subdivision 32 to read as follows: 6 32. The commissioner is authorized and directed to promulgate rules 7 and regulations to establish standards for the testing of drinking water 8 from privately owned wells. Such standards shall apply to any water 9 wells subject to subdivision eighteen of this section, as added by chap- 10 ter three hundred ninety-five of the laws of nineteen hundred ninety- 11 nine. Such testing shall be to determine the quality, safety and exist- 12 ing level of contamination of drinking water from privately owned wells. 13 § 4. Subdivision 1 of section 1100 of the public health law, as 14 amended by chapter 655 of the laws of 1978, is amended to read as 15 follows: 16 1. The department may make rules and regulations for the protection 17 from contamination of any or all public or private supplies of potable 18 waters and water supplies of the state or United States, institutions, 19 parks, reservations or posts and their sources within the state, and the 20 commissioner of environmental protection of the city of New York and the 21 board of water supply of the city of New York may make such rules and 22 regulations subject to the approval of the department for the protection 23 from contamination of any or all public or private supplies of potable 24 waters and their sources within the state where the same constitute a 25 part of the source of the public or private water supply of said city. 26 § 5. The public health law is amended by adding a new section 1111 to 27 read as follows: 28 § 1111. Private well testing. 1. (a) Within ninety days after the 29 effective date of this section, the department shall promulgate regu- 30 lations providing for the testing of drinking water from private wells 31 located on real property subject to this section. The regulations shall 32 provide for the full reimbursement of costs associated with the water 33 testing required under this section or any regulations promulgated ther- 34 eto, as well as the implementation of any treatment deemed necessary by 35 the department to protect human health, from funds appropriated through 36 the department of environmental conservation for clean water infrastruc- 37 ture projects. 38 (b) Any contract for the sale of real property, including a multiple 39 family dwelling as defined in section eight hundred two of the executive 40 law, which is served by a private well that is the potable water supply 41 for such property shall include a provision requiring as a condition of 42 sale, the testing of such water supply for at least the contaminants 43 prescribed pursuant to this section. Provisions of this section shall 44 not apply to property where the potable water supply has five or more 45 service connections or that regularly serves an average of twenty-five 46 or more individuals daily for at least sixty days out of the year. 47 (c) Water sampling shall be done, preferably by a laboratory certified 48 by the department, in the following manner: 49 (i) if there is no water treatment system in use on the water well 50 being tested, samples shall be collected from a primary cold water, 51 non-aerated spigot or tap that draws from or feeds water to the potable 52 water system from such water; 53 (ii) where a water treatment system is in use on the water supply 54 system, the sample shall be collected as follows: 55 (A) the water treatment system shall be disconnected or otherwise 56 disabled prior to the collection of the water sample; orA. 9533--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 contaminants and shall include but not be limited to a test for at least 10 the following contaminants: bacteria (total coliform); sodium; nitrites; 11 nitrates; iron; manganese; iron plus manganese; pH; copper; chloride; 12 all specific organic chemicals for which maximum contaminant levels have 13 been established pursuant to public health regulations; lead; arsenic; 14 barium; fluoride; mercury; methane; radium; radon; gross alpha parti- 15 cles; uranium; perfluorononanoic acid (PFNA); perfluorohexanesulfonic 16 acid (PFHxS); perfluoroheptanoic acid (PFHpA); perfluorobutanesulfonic 17 acid (PFBS); hexafluoropropylene oxide dimer acid (HFPO-DA); N-ethyl 18 perfluorooctanesulfonamidoacetic acid (NEtFOSAA); N-methyl 19 perfluorooctanesulfonamidoacetic acid (NMeFOSAA); perfluorodecanoic acid 20 (PFDA); perfluorododecanoic acid (PFDoA); perfluorohexanoic acid 21 (PFHxA); perfluorotetradecanoic acid (PFTA); perfluorotridecanoic acid 22 (PFTrDA); perfluoroundecanoic acid (PFUnA); 11-chloroeicosafluoro-3-ox- 23 aundecane-1-sulfonic acid (11Cl-PF3OUdS); 9-chlorohexadecafluoro-3-oxa- 24 nonane-1-sulfonic acid (9Cl-PF3ONS); 4,8-dioxa-3H-perfluorononanoic acid 25 (ADONA); nonafluoro-3,6-dioxaheptanoic acid (NFDHA); perfluorobutanoic 26 acid (PFBA); 1H, 1H, 2H, 2H-perfluorodecane sulfonic acid (8:2FTS); 27 perfluoro(2-ethoxyethane)sulfonic acid (PFEESA); perfluoroheptanesulfon- 28 ic acid (PFHpS); 1H,1H, 2H, 2H-perfluorohexane sulfonic acid (4:2FTS); 29 perfluoro-3-methoxypropanoic acid (PFMPA); perfluoro-4-methoxybutanoic 30 acid (PFMBA); 1H,1H, 2H, 2H-perfluorooctane sulfonic acid (6:2FTS); 31 perfluoropentanoic acid (PFPeA); and perfluoropentanesulfonic acid 32 (PFPeS). 33 3. (a) The department may, by rule or regulation, exclude or limit by 34 geographic area or geologic formation, or based upon well recorded 35 information, any contaminant listed in this section deemed by the 36 department as not significant in a county or in any specific area within 37 a county and such area or formation need not be tested as part of any 38 water test conducted in accordance with this section. 39 (b) For each contaminant to be tested for in accordance with this 40 section, the department shall establish, by regulation a maximum time 41 period for which a test result shall remain valid for the purposes of 42 this section without necessitating retesting for such contaminant; 43 provided, however, such time period shall not exceed twelve months. A 44 retest of the water supply shall not be required pursuant to this 45 section if the contract of sale is entered into within the period of 46 test validity established pursuant to this paragraph. Notwithstanding 47 any provision of this paragraph to the contrary, a buyer and seller 48 subject to the provisions of this section may mutually agree to retest 49 for a contaminant even though the maximum time period for test validity 50 for the contaminant established pursuant to this section has not 51 expired. 52 4. (a) Any water test results provided by a laboratory to the person 53 or persons requesting the test shall include the maximum contaminant 54 levels or other established water quality standards, if any, prescribed 55 by the department for each contaminant tested and shall be transmitted 56 on a standardized private well water test reporting form prescribed byA. 9533--A 4 1 the department. The form shall also include, but not be limited to, the 2 potential health effects of exposure to the contaminants, the contact 3 information of the relevant local health organizations established 4 pursuant to article three of this chapter, the contact information of 5 the appropriate office or person within the department or the depart- 6 ment's website regarding appropriate treatment technologies, and avail- 7 able funding to assist with the installation of treatment technology. 8 (b) Within ten business days after completion of the water test, a 9 laboratory shall submit the water test results to the department with 10 the following information: 11 (i) a statement that the testing is for the purpose of complying with 12 the "private well testing act"; 13 (ii) the location of the real property, described by block and lot 14 number, street address, municipality, and county; 15 (iii) the name and mailing address of the person or persons making the 16 request for the test; 17 (iv) an affidavit stating the date and time that the water sample was 18 collected and the specific point of collection and the legal name and 19 mailing address of the person or persons collecting the raw water 20 samples; 21 (v) the date and time the sample was analyzed by the laboratory; and 22 (vi) such other information as may be required by the department, in 23 consultation with the department of environmental conservation and 24 appropriate local health organizations established pursuant to article 25 three of this chapter. 26 (c) The department shall require laboratories to submit electronically 27 the information required pursuant to paragraph (b) of this subdivision. 28 (d) A laboratory shall not release water test results to any person 29 except the buyer or seller of the real property at issue as provided in 30 subdivision one of this section, the lessor or lessees of the real prop- 31 erty as provided in subdivision six of this section, any person author- 32 ized by the buyer, seller, or lessor, as the case may be, the depart- 33 ment, or any person designated by court order. 34 (e) The department shall make the data accumulated from the water test 35 results submitted by laboratories pursuant to this section available to 36 counties, municipalities, or other governmental entities for the 37 purposes of studying groundwater supplies or contamination in the state; 38 provided, however, that identifying information is removed. 39 (f) The results of water well tests shall be provided to the depart- 40 ment of environmental conservation for inclusion in the statewide 41 groundwater remediation strategy developed in accordance with section 42 15-3109 of the environmental conservation law and the geographic infor- 43 mation system developed in accordance with section 3-0315 of the envi- 44 ronmental conservation law. 45 5. The department, within ten business days after receiving any report 46 of a water test failure in accordance with this section, shall provide 47 notice of such water test failure to the appropriate local health organ- 48 izations established pursuant to article three of this chapter. Within 49 ten business days of being notified by the department of a water test 50 failure, the appropriate local health organizations established pursuant 51 to article three of this chapter shall issue a general notice to owners 52 of real property served by private wells and any public water systems 53 located in the vicinity of the real property experiencing the water test 54 failure recommending that those property owners or water systems test 55 for at least the contaminants at issue. The specific address or location 56 of the private well that failed a water test shall not be identified inA. 9533--A 5 1 the notice or by any other means or in any other manner. The department 2 shall establish criteria for notification which may include, but shall 3 not be limited to, the maximum contaminant level, the level of excee- 4 dance reported, and the distance or location of the properties or public 5 water supply in the vicinity of the contaminated well for which testing 6 is recommended. 7 6. Within two years after the effective date of this section, and at 8 least once every five years thereafter, the lessor of any real property 9 the potable water supply for which is a private well shall test that 10 water supply in the manner established pursuant to this section for at 11 least the contaminant required pursuant to subdivisions two and three of 12 this section. Within ten business days after the receipt of the private 13 well water testing reporting form established pursuant to subdivision 14 four of this section, the lessor shall also provide a written copy of 15 the private well water testing reporting form to each lessee of a rental 16 unit on the property. The lessor shall also provide a written copy of 17 the most recent private well water testing reporting form to a prospec- 18 tive tenant prior to the signing of a lease of a rental unit on the 19 property. 20 7. (a) The department, in consultation with the department of environ- 21 mental conservation, and local health organizations established pursuant 22 to article three of this chapter shall establish a public information 23 and education program to inform the public and appropriate professional 24 disciplines of the enactment of this section and the substance of its 25 provisions and requirements, the potential health effects of consuming 26 water from a private well that does not meet maximum contaminant levels 27 and other established water quality standards, the potential presence of 28 radium in at least some potable groundwater supplies in the state, the 29 geographic areas in the state subject to an actual or potential threat 30 of danger from contaminated groundwater, the importance of testing 31 private wells regularly for contaminants, and suggested water treatment 32 technology, equipment strategies and public funding sources available 33 for treating water from private wells that have failed a water test 34 conducted in accordance with this section. 35 (b) Within one year of the effective date of this section, the depart- 36 ment shall make available to the public on the department's website a 37 general compilation of water test results for all contaminants identi- 38 fied in subdivision two of this section. The results shall be arranged 39 or identified by county and municipality or appropriate geographic area 40 therein, but which does not include specific address or location infor- 41 mation. The department shall update its website and add new water test 42 results at least annually. 43 8. Within three years of the effective date of this section, the 44 department shall prepare and transmit to the governor and legislature a 45 report on the implementation and operation of this section. Such report 46 shall also describe the benefits and deficiencies realized as a result 47 of this section and include recommendations for any appropriate legisla- 48 tive action. The report shall also be made available to the public and 49 be posted on the department's website. 50 § 6. The real property law is amended by adding a new section 468 to 51 read as follows: 52 § 468. Private well testing requirements. 1. Every contract for the 53 sale of real property, including a multiple family dwelling as defined 54 in section eight hundred two of the executive law, which is served by a 55 private well that is the potable water supply for such property shall 56 include a provision requiring as a condition of sale, the testing ofA. 9533--A 6 1 such water supply for at least the standards prescribed pursuant to 2 section eleven hundred eleven of the public health law. Provisions of 3 this section shall not apply to property where the potable water supply 4 has five or more service connections or that regularly serves an average 5 of twenty-five or more individuals daily for at least sixty days out of 6 the year. 7 2. Closing of title on the sale of such real property shall not occur 8 unless both the buyer and the seller have received and reviewed a copy 9 of the private well water testing reporting form established pursuant to 10 subdivision four of section eleven hundred eleven of the public health 11 law. At closing, the buyer and seller both shall certify in writing 12 that they have received and reviewed the water test results. 13 3. The requirements of this section may not be waived. 14 § 7. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law. Effective immediately, the addition, amend- 16 ment and/or repeal of any rule or regulation necessary for the implemen- 17 tation of this act on its effective date are authorized to be made on or 18 before such effective date.
