75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 739
Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
CHAPTER ................
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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Enrolled Senate Bill 739 (SB 739-A) Page 1
Passed by Senate April 27, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 28, 2009
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Speaker of House
Enrolled Senate Bill 739 (SB 739-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 739 (SB 739-A) Page 3