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S08506 Summary:

BILL NOS08506
 
SAME ASSAME AS A09330
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Amd §396-s, Gen Bus L
 
Expands requirements for individual sewage disposal system disclosures to include home sellers; increases penalties for violations.
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S08506 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8506
 
                    IN SENATE
 
                                    February 6, 2024
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer 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:

     1    Section 1. Subdivisions 2, 3 and 5 of section  396-s  of  the  general
     2  business  law,  as added by chapter 521 of the laws of 1980, are amended
     3  to read as follows:
     4    2. On and after July first, [nineteen hundred eighty-one] two thousand
     5  twenty-five every home seller and vendor shall, either in person  or  by
     6  certified mail, deliver to a vendee at the time of the transfer of title
     7  of  the  [newly  constructed]  home  serviced  by  an  individual sewage
     8  disposal system a copy of the health bulletin. If the political subdivi-
     9  sion within which the home is located has published  a  waste  treatment
    10  handbook  or  pamphlet  on  individual sewage disposal systems, the home
    11  seller or vendor, as applicable, shall supply a copy  of  such  informa-
    12  tional material to the vendee in the same manner as the health pamphlet.
    13    3.  The commissioner of the department of health is hereby directed to
    14  modify the contents of the health pamphlet in such a  manner  that  such
    15  bulletin  shall  contain  information  relating  to the proper method of
    16  operating and  maintaining  individual  sewage  disposal  systems.  Such
    17  information  shall be in clear and concise language readily comprehensi-
    18  ble by vendees and shall identify potential problems  that  vendees  may
    19  encounter  with  individual sewage disposal systems. The modification to
    20  the health bulletin required by this subdivision shall  be  made  on  or
    21  before  the  effective date of this section and shall be included within
    22  any health pamphlet to be distributed by the  department  on  and  after
    23  July first, [nineteen hundred eighty-one] thousand twenty-five.
    24    5.  Any  home seller or vendor violating this section shall be subject
    25  to a fine of [one] five hundred dollars.
    26    § 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
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