SF1769

This bill, Minnesota Senate File No. 1769, proposes changes to the well disclosure requirements in the state. Key provisions include:

1. Modification of Well Disclosure Process:

   • Sellers of real property must disclose the status and location of wells before the sale.
   • A well disclosure certificate (WDC) must be completed at closing and submitted to the Minnesota Department of Health (MDH), accompanied by a $50 nonrefundable fee.
   • After August 1, 2028 (or an earlier date specified by the commissioner), sellers must submit the WDC to MDH before closing rather than at the time of closing.

2. Well Disclosure Certificate Number Requirement:

   • The commissioner will issue a WDC number upon submission.
   • This number must appear on the deed or instrument of conveyance as proof that a well disclosure was submitted.

3. Recording and Fee Collection Changes:

   • County recorders and registrars of titles will validate well disclosure certificates using a state-administered information technology system.
   • They will transmit fees collected for WDC processing to the MDH each quarter.

4. Implementation of a Well Disclosure Certificate Information Technology System:

   • The MDH must develop an electronic submission system for well disclosure certificates, which allows for online submission, fee payments, and the issuance of WDC numbers.
   • The system must be operational by June 30, 2028.
   • A one-time appropriation from the general fund in fiscal year 2026 will fund this system.

5. Clarification of Responsibilities:

   • After the sale, the new property owner becomes the responsible party for any wells on the property.

This bill aims to streamline well disclosure processes, improve electronic record-keeping, and ensure compliance through a centralized system.