Senate File 25 - Introduced SENATE FILE 25 BY ZAUN A BILL FOR An Act relating to the sale, lease, or rental of water 1 treatment systems and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1638XS (1) 88 asf/jh

S.F. 25 Section 1. Section 714.16, subsection 1, paragraphs b, c, d, 1 g, h, and l, Code 2019, are amended by striking the paragraphs. 2 Sec. 2. Section 714.16, subsection 1, paragraph e, Code 3 2019, is amended by striking the paragraph and inserting in 4 lieu thereof the following: 5 e. “Contaminant” means any physical, chemical, biological, 6 or radiological substance in water. 7 Sec. 3. Section 714.16, subsection 1, Code 2019, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . 0g. “Health-related contaminant” means a 10 contaminant which has a potentially adverse health effect and 11 for which a maximum contaminant level or treatment technique 12 requirement or an action level established in lieu of a maximum 13 contaminant level has been specified in the national primary 14 drinking water regulations. 15 Sec. 4. Section 714.16, subsection 2, paragraph h, Code 16 2019, is amended by striking the paragraph and inserting in 17 lieu thereof the following: 18 h. It is an unlawful practice for a person to sell, 19 lease, rent, or advertise the sale, lease, or rental of a 20 water treatment system in this state, for which claims or 21 representations of removing health-related contaminants 22 are made, unless the water treatment system has all claims 23 or representations of removing health-related contaminants 24 certified by a certification body accredited by the American 25 national standards institute. This paragraph shall not be 26 construed as limiting a manufacturer’s ability to make claims 27 or representations of removing contaminants that are not 28 health-related contaminants. 29 Sec. 5. EFFECTIVE DATE. This Act takes effect January 1, 30 2020. 31 Sec. 6. APPLICABILITY. This Act applies on or after the 32 effective date of this Act to the sales, leases, and rentals 33 of water treatment systems, and the advertisement of the sale, 34 lease, or rental of a water treatment system, which occur on 35 -1- LSB 1638XS (1) 88 asf/jh 1/ 3

S.F. 25 or after that date. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to the sale, lease, rental, or 5 advertisement of water treatment systems. 6 Under current law, it is an unlawful practice for a person to 7 sell, lease, rent, or advertise the sale, lease, or rental of a 8 water treatment system for which claims or representations of 9 removing health-related contaminants are made, unless the water 10 treatment system is performance tested by a third-party testing 11 agency authorized by the department of public health or the 12 manufacturer tested the system and the manufacturer’s data is 13 accepted by a third-party evaluator which was approved by the 14 department of public health; the water treatment system has met 15 the performance testing requirements specified in the testing 16 protocol; the water treatment system bears a label stating, 17 “IMPORTANT NOTICE — Read the Manufacturer’s Performance Data 18 Sheet” and is accompanied by the manufacturer’s performance 19 data sheet, which includes general information about the 20 water treatment system and performance and test data showing 21 the contaminants certified to be reduced; and the consumer 22 information pamphlet compiled by the department of public 23 health is included with the water treatment system. 24 Under Code section 714.16, the attorney general may 25 investigate a person the attorney general believes is engaged 26 in an unlawful practice and seek and obtain injunctive relief 27 against such a person. Code section 714.16 also permits a 28 court to impose a civil penalty against a person who committed 29 an unlawful practice. 30 The bill amends the requirements so that the sale, lease, 31 rental, or advertisement of a water treatment system is not an 32 unlawful practice if the claims and representations related 33 to removal of health-related contaminants are certified by 34 a certification body accredited by the American national 35 -2- LSB 1638XS (1) 88 asf/jh 2/ 3

S.F. 25 standards institute. 1 The bill eliminates the requirements that a consumer 2 of a water treatment system be provided the manufacturer’s 3 performance data sheet or a consumer information pamphlet 4 compiled by the department of public health. 5 The bill does not affect Code section 714.16(2)(i) or Code 6 section 714.16(2)(j), both of which also relate to the sale, 7 lease, rental, or advertisement of a water treatment system. 8 Under Code section 714.16(2)(i), it is an unlawful practice for 9 a person to sell, lease, rent, or advertise a water treatment 10 system in this state for which false or deceptive claims or 11 representations of removing health-related contaminants are 12 made. Under Code section 714.16(2)(j), it is an unlawful 13 practice for a person to make any representation or claim 14 that the seller’s water treatment system has been approved or 15 endorsed by any agency of the state. 16 The bill takes effect January 1, 2020, and applies to the 17 sales, leases, rentals, or advertisements of water treatment 18 systems which occur on or after that date. 19 -3- LSB 1638XS (1) 88 asf/jh 3/ 3