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S 585

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2025-2026 Regular Session Introduced by Brian Adams and 4 co-sponsors

DEP must set minimum private-well standards, require testing before use and at transfer, mandate inspections for buyers, and expand funds for treatment/remediation.

Act No. 125
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Bill Summary · S 585

Summary — S.585 (2025): Protecting drinking water quality in private wells

Note on source material
- The bill text provided is for “An Act protecting drinking water quality in private wells” (Massachusetts Senate Docket No. 847 / Senate No. 585). Some header metadata in the submission (title about distinctive license plates, sponsor list, and committee referrals) appear inconsistent with the bill text. This summary follows the bill language supplied (private-well water-quality reform). Consult the official legislative website for authoritative status and sponsor information.

Purpose

Establish statewide minimum standards and inspection/testing requirements for private wells used for drinking water, and expand an existing fund/program to help homeowners install treatment systems so private well water meets public drinking water standards.

Key definitions added

  • Private well: a well serving 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 fewer than 60 days per year.
  • Private well facility: real property (including abutting property and buildings) that is served, proposed to be served, or could be served by a private well.

Major provisions

  1. State regulations and minimum standards (new Section 21, Chapter 21G)

    • The Department (Department of Environmental Protection, DEP) must promulgate “minimum standards for private wells.”
    • Standards must include:
      • A list of contaminants to be tested.
      • Acceptable concentration levels for each contaminant.
      • Required testing frequency.
    • Testing required for: (a) all listed contaminants in new private wells before being put into service, and (b) all listed contaminants in private wells prior to transfer of residential property on which they are located.
    • Local boards of health may enforce these state minimums or adopt stricter local standards.

  2. Inspection requirement at time of property transfer (new Section 22)

    • Private wells must be inspected at, or within 2 years prior to, transfer of title to the private well facility.
    • A complete inspection report must be provided to the buyer/acquirer of title.
    • Specific transactions are excluded from being considered “transfers” for this purpose (e.g., mortgages/security interests, refinancings, intra-owner transfers such as placing property in a family trust, adding/deleting spouse, appointment of guardians/trustees, transfers between spouses, or death of spouse).
    • Noncompliance with the inspection requirement does not invalidate the transfer of title.

  3. Financial assistance for remediation and treatment (amendment to Item 1231‑1020, Ch. 204 of the Acts of 1996)

    • Expands the program language to allow assistance to homeowners for treatment systems so private well water meets DEP public drinking water standards and the new Section 21 standards.
    • DEP to determine loan guarantee and interest subsidy requirements; DEP may subcontract program administration to public authorities.
    • Eligibility determination for private well remediation may be made by local boards of health or DEP; “eligible project” defined to include construction of treatment systems for private wells out of compliance with standards (or septic systems out of compliance with Title V).

Who would be affected

  • Private well owners and residents of properties served by private wells.
  • Home buyers and sellers (inspections and reports required in most transfers).
  • Local boards of health (enforcement role; ability to set stricter standards).
  • DEP (rulemaking, program administration, eligibility determinations).
  • Homeowners seeking financial assistance for treatment systems; public authorities administering loans or subsidies.
  • Real estate market participants (realtors, closing agents) who must account for inspection/reporting requirements.

Implementation & timing

  • DEP must promulgate regulations establishing the standards and testing requirements — the bill does not specify a deadline for rulemaking.
  • Inspection timing: at or within 2 years prior to property title transfer.
  • The assistance program changes permit DEP to set program details (loan guarantees, interest subsidies) and subcontract administration.

Fiscal implications and uncertainties

  • The bill authorizes expanded use of an existing program but does not specify new appropriations or caps. Costs for testing, remediation, and subsidies would depend on future program rules, available funding, and uptake.
  • Local boards of health may incur enforcement/administrative costs if they adopt or enforce standards.

Status & procedural notes (as provided)

  • Filed: 01/14/2025 (Senate Docket No. 847)
  • Introduced in Senate / Read twice and referred: 02/13/2025
  • Referred (per provided actions) to Environment and Natural Resources (02/27/2025); other referral entries in the record appear inconsistent (see note at top).
  • Hearings listed/scheduled in some records (May–June 2025). Check the official legislative docket for up-to-date committee assignments, hearing dates, and current status.

Observations / open questions

  • The bill vests DEP with broad rulemaking authority; the scope and pace of implementation will hinge on DEP rulemaking timelines.
  • The text does not set contamination action levels itself but requires DEP to adopt them; stakeholders will want to monitor proposed regulations to see specific contaminants, thresholds, and testing schedules.
  • Funding details for homeowner assistance are delegated to DEP; potential beneficiaries and municipal partners should track subsequent program rules.

If you want, I can:
- Draft a one-page explainer for private-well owners on what to expect if this bill becomes law;
- Pull relevant materials or precedents (e.g., other states’ private-well standards) to compare likely contaminant lists and testing frequencies.

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

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