Relating to exempt wells that supply water for domestic purposes.
Summary
HB 3526 revises Oregon law governing real estate transactions involving exempt wells that supply groundwater for domestic use. The bill requires sellers of real estate with an exempt well to have the well tested for arsenic, nitrates, and total coliform bacteria, and allows the Oregon Health Authority to require additional contaminant testing in areas of public health concern. Sellers must provide the test results to both the buyer and the Department of Environmental Quality.
The bill also creates a private right of action for buyers: if a seller fails to provide the required test results and the well contains contaminants above applicable limits, the buyer may sue for damages within five years after closing. The bill makes clear that a seller’s noncompliance does not invalidate the property transfer itself. It also updates the seller’s property disclosure statement to reflect the new well-testing and reporting requirements.
Impact
HB 3526 amends ORS 448.271 and ORS 105.464, expanding seller obligations in residential and other real estate transactions involving exempt wells. It shifts the reporting requirement from the prior authority to the Department of Environmental Quality, adds a buyer damages remedy for nondisclosure, and requires the state disclosure form to include the relevant well-testing information. The measure primarily affects sellers, buyers, real estate professionals, and state agencies involved in water quality oversight and property disclosures.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the measure appears to be framed as a consumer-protection and public-health bill rather than a controversial policy change. Its purpose is to ensure buyers receive information about drinking-water quality before or during a property sale. No formal vote history or transcript record is available here to indicate organized support or opposition, but the structure of the bill suggests an emphasis on transparency and health safeguards.
Contention
The main potential point of contention is the added compliance burden on sellers of properties with exempt wells, including mandatory testing, reporting to a state agency, and exposure to damages claims if results are not disclosed. Real estate stakeholders may also be concerned about the expanded disclosure form and the possibility of litigation tied to water-quality findings. On the other hand, buyers and public-health advocates would likely support the bill’s disclosure and enforcement provisions because they reduce the risk of purchasing property with contaminated domestic water supplies.