Revision: March 21, 2023, 3:13 p.m.
Rep. Rung, Hills. 12
Rep. Darby, Hills. 11
March 20, 2023
2023-1095h
07/05
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 them.
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 test a well or submit the laboratory report resulting from such test section shall be a violation.
2 Notification Required; Well Water Contaminants, Radon, and Lead. Amend RSA 477:4-a to read as follows:
477:4-a Notification Required; Radon, Arsenic, PFAS, and Lead.
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 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. Long-term exposure to certain PFAS may harm human health. NHDES recommends that a residential well be tested for PFAS if it has not been tested previously. Residential well users can test for PFAS chemicals by contacting an accredited laboratory from the list provided by NHDES."
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 60 days after its passage.