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SD 847

An Act protecting drinking water quality in private wells.

194th Legislature (2025-2026) Introduced by Jim Arciero and 4 co-sponsors

Establishes state minimum standards and mandatory testing for private wells to protect drinking water.

House concurred
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Bill Summary · SD 847

Summary of Senate Docket No. 847 – An Act Protecting Drinking Water Quality in Private Wells

Overview

  • Title: An Act protecting drinking water quality in private wells.
  • Purpose: Establish minimum state standards for private wells, require testing and inspections related to well water quality, and create a state program to assist homeowners with treatment systems and remediation to meet drinking water standards.
  • Status: House concurred; referred to Environment and Natural Resources in the Senate (introduced 2/27/2025; filed 1/14/2025; same session actions show House concurrence on 2/27/2025).
  • Primary sponsor: Sen. James B. Eldridge (with multiple co-sponsors).

Key Definitions

  • Private well: A drinking-water source for human consumption that has fewer than 15 service connections and either (1) serves fewer than 25 individuals, or (2) serves an average of 25 or more individuals daily for less than 60 days per year.
  • Private well facility: Real property (including abutting property and buildings) that is or could be served by a private well.

Provisions and Requirements

Section 21 – Minimum Standards for Private Wells

  • The Department of Environmental Protection (or its successor role) must promulgate regulations establishing “minimum standards for private wells.”
  • Standards must cover:
    • Drinking water quality standards for private wells, including contaminants to test, acceptable contaminant 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 for private wells before transfer of residential property containing the well.
  • Local boards of health may enforce these standards or adopt stricter local standards.

Section 22 – Transfer Inspections

  • Private wells must be inspected within 2 years prior to the transfer of title to the private well facility.
  • A complete inspection report must be provided to the buyer (or transferee).
  • Certain transfers are exempt from this requirement (e.g., mortgage/security interests, refinancings, intra-family ownership transfers, changes among spouses, or appointments of guardians/trustees).
  • Non-compliance does not invalidate a title transfer.

Section 3 – Funding Program (Amendment to 1996 Act)

  • Adds authority to assist homeowners with treatment-system projects to bring private wells into compliance with primary drinking water standards.
  • Allows for loan guarantees and interest subsidies for eligible projects.
  • DEP may subcontract administration of the program to public authorities or instrumentalities.
  • Local boards of health or DEP will determine eligibility for private well remediation projects, including systems or septic-related issues that are out of compliance with public drinking water standards or Title V septic requirements.

Affected Parties and Impacts

  • Private well owners and private well facilities: New testing, inspection, and potential remediation requirements; access to state-backed funding for treatment systems.
  • Property buyers/transferees: Enhanced disclosure/verification through required inspections and reporting.
  • Local boards of health: Authority to enforce minimum standards or adopt stricter local standards; participate in eligibility determinations for remediation programs.
  • Department of Environmental Protection (or successor): Responsible for promulgation of standards and administration of the remediation funding program.
  • Public health in general: Aims to improve drinking water quality in private wells used for human consumption.

Procedural and Timeline Aspects

  • The department must promulgate minimum private-well standards after the bill’s enactment.
  • Private wells would require inspection before transfer of title (2-year look-back window for the sale).
  • The remediation funding program would be established to assist eligible projects, with DEP oversight and potential subcontracting.

Notes

  • The bill mirrors earlier related proposals (Senate No. 482 of 2023-2024) and expands private-well regulation and funding across the Commonwealth.

Compiled from official sources — confirm details with the bill’s official record.

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