SF 25 (LSB 1638XS (1) 88)

SENATE FILE 25

BY  ZAUN

A BILL FOR

An Act relating to the sale, lease, or rental of water treatment systems and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 714.16, subsection 1, paragraphs b, c, d, g, h, and l, Code 2019, are amended by striking the paragraphs.
    Sec. 2.  Section 714.16, subsection 1, paragraph e, Code 2019, is amended by striking the paragraph and inserting in lieu thereof the following:
   e.  “Contaminant” means any physical, chemical, biological, or radiological substance in water.
    Sec. 3.  Section 714.16, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0g.  “Health-related contaminant” means a contaminant which has a potentially adverse health effect and for which a maximum contaminant level or treatment technique requirement or an action level established in lieu of a maximum contaminant level has been specified in the national primary drinking water regulations.
    Sec. 4.  Section 714.16, subsection 2, paragraph h, Code 2019, is amended by striking the paragraph and inserting in lieu thereof the following:
   h.  It is an unlawful practice for a person to sell, lease, rent, or advertise the sale, lease, or rental of a water treatment system in this state, for which claims or representations of removing health-related contaminants are made, unless the water treatment system has all claims or representations of removing health-related contaminants certified by a certification body accredited by the American national standards institute. This paragraph shall not be construed as limiting a manufacturer’s ability to make claims or representations of removing contaminants that are not health-related contaminants.
    Sec. 5.  EFFECTIVE DATE.  This Act takes effect January 1, 2020.
    Sec. 6.  APPLICABILITY.  This Act applies on or after the effective date of this Act to the sales, leases, and rentals of water treatment systems, and the advertisement of the sale, lease, or rental of a water treatment system, which occur on or after that date.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the sale, lease, rental, or advertisement of water treatment systems.
   Under current law, it is an unlawful practice for a person to sell, lease, rent, or advertise the sale, lease, or rental of a water treatment system for which claims or representations of removing health-related contaminants are made, unless the water treatment system is performance tested by a third-party testing agency authorized by the department of public health or the manufacturer tested the system and the manufacturer’s data is accepted by a third-party evaluator which was approved by the department of public health; the water treatment system has met the performance testing requirements specified in the testing protocol; the water treatment system bears a label stating, “IMPORTANT NOTICE — Read the Manufacturer’s Performance Data Sheet” and is accompanied by the manufacturer’s performance data sheet, which includes general information about the water treatment system and performance and test data showing the contaminants certified to be reduced; and the consumer information pamphlet compiled by the department of public health is included with the water treatment system.
   Under Code section 714.16, the attorney general may investigate a person the attorney general believes is engaged in an unlawful practice and seek and obtain injunctive relief against such a person. Code section 714.16 also permits a court to impose a civil penalty against a person who committed an unlawful practice.
   The bill amends the requirements so that the sale, lease, rental, or advertisement of a water treatment system is not an unlawful practice if the claims and representations related to removal of health-related contaminants are certified by a certification body accredited by the American national standards institute.
   The bill eliminates the requirements that a consumer of a water treatment system be provided the manufacturer’s performance data sheet or a consumer information pamphlet compiled by the department of public health.
   The bill does not affect Code section 714.16(2)(i) or Code section 714.16(2)(j), both of which also relate to the sale, lease, rental, or advertisement of a water treatment system. Under Code section 714.16(2)(i), it is an unlawful practice for a person to sell, lease, rent, or advertise a water treatment system in this state for which false or deceptive claims or representations of removing health-related contaminants are made. Under Code section 714.16(2)(j), it is an unlawful practice for a person to make any representation or claim that the seller’s water treatment system has been approved or endorsed by any agency of the state.
   The bill takes effect January 1, 2020, and applies to the sales, leases, rentals, or advertisements of water treatment systems which occur on or after that date.