75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2080
 
                           A-Engrossed
 
                         Senate Bill 739
                 Ordered by the Senate April 15
           Including Senate Amendments dated April 15
 
Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires seller of real estate to test for arsenic in certain
wells upon accepting offer to purchase real estate. Allows
Department of Human Services to adopt rules requiring testing for
  { - other - }  contaminants { +  in specific areas of public
health concern + }.   { +  Requires seller to submit results of
tests to department and buyer within 90 days of receiving
results. + }
 
                        A BILL FOR AN ACT
Relating to testing of wells; creating new provisions; and
  amending ORS 448.271.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 448.271 is amended to read:
  448.271. (1) In any transaction for the sale or exchange of
real estate that includes a well that supplies ground water for
domestic purposes, the seller of the real estate shall, upon
accepting an offer to purchase that real estate, have the well
tested for  { + arsenic, + } nitrates and total coliform
bacteria. The Department of Human Services also may { + , by
rule, + } require additional tests for specific contaminants in
 { - an area of ground water concern or ground water management
area - }   { + specific areas of public health concern + }. The
seller shall submit the results of the   { - test - }
 { + tests + } required under this section to the department
 { + and to the buyer within 90 days of receiving the results of
the tests + }.
  (2) The failure of a seller to comply with the provisions of
this section does not invalidate an instrument of conveyance
executed in the transaction.
  SECTION 2.  { + The amendments to ORS 448.271 by section 1 of
this 2009 Act apply to real estate for which an offer to purchase
is accepted by the seller on or after the effective date of this
2009 Act. + }
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