Bill
HD 3597
Massachusetts sets minimum private-well standards, requires inspections before property transfers, and funds remediation to bring wells into public-drinking-water compliance.
Status and Basic Facts
- Bill Number: HD 3597
- Title: An Act protecting drinking water quality in private wells
- Introduced: February 27, 2025
- Filed: January 17, 2025 (House Docket No. 900)
- Primary Sponsors: Representatives Natalie M. Blais and Meghan K. Kilcoyne
- Legislative Action: Referred to the Committee on Environment and Natural Resources; Senate concurred
- Context: Proposed legislation to establish mandatory standards and transfer-related requirements for private wells in Massachusetts
Purpose and Intent
- The bill aims to protect public health by setting minimum environmental and drinking-water standards for private wells and requiring inspections to accompany real estate transfers. It also creates a funding mechanism to assist homeowners with remediation or treatment systems to bring private wells into compliance with established standards.
Key Provisions
1) Definitions (Section 1)
- Private well: A water source for human consumption with (a) fewer than 15 service connections and (b) either serves fewer than 25 individuals or serves an average of 25+ individuals daily for less than 60 days per year.
- Private well facility: Real property (including abutting property and structures) that is or could be served by a private well.
2) Minimum Standards for Private Wells (Section 21)
- The Massachusetts Department (MassDEP) must promulgate regulations establishing minimum standards for private wells.
- Standards must cover:
- Drinking water quality standards for private wells, including contaminants to test, acceptable concentration levels, and testing frequency.
- Testing requirements for all listed contaminants for all new private wells before they are placed into service.
- Testing requirements for all listed contaminants before transfer of residential property containing a private well.
- Local boards of health may enforce these standards or adopt stricter local standards.
3) Transfer Inspections (Section 22)
- Private wells must be inspected within 2 years prior to transfer of title to the private well facility.
- A complete inspection report must be provided to the buyer or new owner.
- Certain transfers are exempt, including mortgage security interests, refinancing, intra-family or joint ownership changes, spouse transfers, and guardianship/trustee changes.
- Noncompliance with inspection requirements does not invalidate the title transfer.
4) Funding and Assistance for Remediation (Section 3)
- The bill expands or amends a state funding mechanism to assist homeowners with private-well treatment systems that meet public drinking-water standards.
- Provisions include:
- Loan guarantees and interest subsidies for eligible private-well projects.
- DEP may subcontract administration to public authorities.
- Local boards of health or DEP determine eligibility for remediation projects.
- Eligible projects include treatment-system installations for wells out of compliance with drinking-water standards or septic-system issues affecting public health, as defined by Title V and related standards.
Affected Parties
- Private well owners and residents
- Homebuyers and sellers conducting property transfers
- Real estate professionals and title/escrow entities
- Local boards of health
- Massachusetts Department of Environmental Protection (MassDEP)
- Municipalities and public authorities involved in remediation programs
Timeline and Implementation
- Regulations establishing minimum standards to be promulgated by MassDEP (timelines not specified in the text).
- Private-well inspections required within two years before transfer of title.
- Ongoing administration of remediation financing and eligibility through MassDEP and local health authorities.
Notes
- The bill integrates private-well protections with real estate transactions and creates a financing framework to support remediation and treatment, aligning private-well standards with broader public-drinking-water objectives.
Compiled from official sources — confirm details with the bill’s official record.
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