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HOUSE DOCKET, NO. 2182 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2274
The Commonwealth of Massachusetts
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PRESENTED BY:
Todd M. Smola
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to well water disclosures.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Todd M. Smola1st Hampden1/12/2023 1 of 3
HOUSE DOCKET, NO. 2182 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2274
By Representative Smola of Warren, a petition (accompanied by bill, House, No. 2274) of Todd
M. Smola relative to disclosures of certain hazards in well water. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2407 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to well water disclosures.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by inserting after section 197E the following section:–
3 Section 197F. Prospective purchasers of residential premises shall be notified about the
4hazards of the presence of 1,4 Dioxane in well water serving the premises and the requirements
5for their abatement or containment as follows:-
6 (a) The commissioner shall prepare a standard notification form and such other materials
7as may be necessary to inform prospective purchasers about the possible presence of 1,4 Dioxane
8in the well water of such premises. Such forms and materials shall be revised from time to time
9as appropriate. 2 of 3
10 (b) All persons selling premises shall, prior to the signing of a purchase and sale
11agreement, provide a copy of the form and other materials prepared pursuant to subsection (a) to
12the prospective purchaser.
13 All persons leasing premises with an option to purchase such premises shall, prior to the
14signing of the lease with an option to purchase, provide a copy of the form and other materials
15prepared pursuant to subsection (a) to the lessee-prospective purchaser. In addition to and at the
16time of providing said notification, the lessor-prospective seller and any real estate agent
17involved in the sale shall disclose to the prospective purchaser any information known to the
18seller or real estate agent about the presence 1,4 Dioxane in a well water serving the premises.
19 (c) The lessee-prospective purchaser shall also be informed by the lessor-prospective
20seller and any such real estate agent about the availability of testing for the presence of 1,4
21Dioxane. If, after receiving said notice, the lessee-prospective purchaser chooses to have an
22analysis of drinking water done, the lessor-prospective seller shall afford the lessee-prospective
23purchaser a period of 10 days or such longer time as the parties may agree to have such analysis
24performed, through a presence of 1,4 Dioxane contingency provision in the purchase and sale
25agreement, or otherwise.
26 (d) If any real estate agent involved in the sale has provided the lessee-prospective
27purchaser with the required information and materials, the real estate agent shall verbally inform
28the lessee-prospective purchaser of the possible presence of dangerous levels of 1,4 Dioxane. At
29that time or at any time prior to signing of the purchase and sale agreement, any such real estate
30agent shall obtain the lessee-prospective purchaser’s certification that he or she has been notified. 3 of 3
31 (e) Nothing in this section or this chapter shall be construed to require the commissioner,
32local boards of health or code enforcement agencies to conduct testing for the presence of 1,4
33Dioxane, the sole purpose of which is to inform sellers or prospective purchasers of premises
34about the presence of dangerous levels of 1,4 Dioxan in the well water of said premises.
35 (f) As set forth in this section, the commissioner shall, by July 1, 2020, prepare a standard
36notification brochure and such other materials as may be necessary to inform such tenants and
37property owners about the hazards associated with dangerous levels of 1,4 Dioxane in drinking
38water.
39 (g) Any owner who fails to comply with the provisions of this section shall be liable for
40all damages caused by the failure to comply and, in addition, shall be subject to assessment of a
41penalty not to exceed $1,000. A violation of this section by a person engaged in trade or
42commerce shall be an unfair and deceptive act or practice as defined in section 2 of chapter 93A.