Revision: March 15, 2023, 2:57 p.m.
Rep. McGough, Hills. 12
March 15, 2023
2023-1026h
08/07
Floor Amendment to HB 205
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Well Testing. Amend RSA 482-B by inserting after section 18 the following new section:
482-B:19 Well Testing.
I. Following the pump installation on a new well constructed as a drinking water supply source that will not serve a public water system as defined in RSA 485:1-a, XV, the licensed pump installer shall be responsible for having the water quality tested.
II. The water sample for testing shall be collected by the licensed pump installer or an individual representing the installer. Notwithstanding a municipality's existing requirements for well testing, the landowner shall have the opportunity to refuse the water test offered by the installer and shall sign a document attesting to such refusal at the request of the installer, and the obligation of this paragraph shall be deemed satisfied by the installer.
III. The water sample for testing shall be representative of the raw and untreated water and free of visible sediment or residual disinfectant.
IV. The water sample for testing shall be analyzed by a laboratory accredited by the New Hampshire environmental laboratory accreditation program for the parameters listed below:
(a) Arsenic.
(b) Bacteria.
(c) Chloride.
(d) Copper.
(e) Fluoride.
(f) Hardness.
(g) Iron.
(h) Lead.
(i) Manganese.
(j) Nitrate.
(k) Nitrite.
(l) pH.
(m) Sodium.
(n) Uranium.
(o) Radon.
V. The pump installer shall provide the laboratory's report of required analyses to the current owner of the property which the well will serve, accompanied by a notice from the department of environmental services that includes information on new well water quality; the importance of re-testing water periodically; recommendations for testing additional parameters; how to interpret the results and identify treatment needs and options; and the importance of maintaining treatment systems, if installed.
VI. Failure to offer a test for a well or to submit the laboratory report resulting from such test as required under this section shall be a violation.
2 Notification Required; Radon, Arsenic, Lead, and PFAS. Amend RSA 477:4-a to read as follows:
477:4-a Notification Required; Radon, Arsenic,[ and] Lead, and PFAS.
I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller's agent, shall provide the following notification to the buyer. The buyer shall acknowledge receipt of this notification by signing a copy of such notification:
"Radon: Radon, the product of decay of radioactive materials in rock, may be found in some areas of New Hampshire. Radon gas may pass into a structure through the ground or through water from a deep well. Testing of the air by a professional certified in radon testing and testing of the water by an accredited laboratory can establish radon's presence and equipment is available to remove it from the air or water."
"Arsenic: Arsenic is a common groundwater contaminant in New Hampshire that occurs at unhealthy levels in well water in many areas of the state. Tests are available to determine whether arsenic is present at unsafe levels, and equipment is available to remove it from water. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations (www.des.nh.gov) to ensure a safe water supply if the subject property is served by a private well."
"Lead: Before 1978, paint containing lead may have been used in structures. Exposure to lead from the presence of flaking, chalking, chipping lead paint or lead paint dust from friction surfaces, or from the disturbance of intact surfaces containing lead paint through unsafe renovation, repair or painting practices, or from soils in close proximity to the building, can present a serious health hazard, especially to young children and pregnant women. Lead may also be present in drinking water as a result of lead in service lines, plumbing and fixtures. Tests are available to determine whether lead is present in paint or drinking water."
“PFAS: Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals used in commercial and industrial applications. These chemicals are highly resistant to degradation and once released into the environment they can be mobile in water, soil and groundwater. This may lead to exposure through drinking water, food, or dusts. Long-term exposure to certain PFAS may harm human health. The New Hampshire department of environmental services recommends that a residential well be tested for PFAS if it has not been tested previously and that prospective homebuyers test the water in a home with a residential well before purchase. Residential well users can obtain water sample bottles by contacting an accredited laboratory from the list provided by the New Hampshire department of environmental services. The New Hampshire department of environmental services recommends testing for additional PFAS analytes beyond the four specified in the state maximum contaminant levels – PFOA, PFOS, PFHxS and PFNA – to fully assess the potential for contamination impacting a water source. In the event that a homeowner's water contains PFAS levels above the drinking water standards, a rebate program to offset the capital costs of installation of a PFAS treatment system is provided through the New Hampshire department of environmental services's PFAS removal rebate program for private wells.
II. Nothing in this section shall be construed to have any impact on the legal validity of title transferred pursuant to a purchase and sale contract in paragraph I, or to create or place any liability with the seller or seller's agent for failure to provide the notification described in paragraph I.
3 Effective Date. This act shall take effect January 1, 2024.
2023-1026h
AMENDED ANALYSIS
This bill requires that installers of new well pumps offer to test the water for certain contaminants.
This bill also requires that property buyers be notified of the presence of PFAS in well water before the execution of a contract for purpose.