House File 580 - Introduced HOUSE FILE 580 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 144) 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 2228HV (3) 86 jh/rj

H.F. 580 Section 1. Section 714.16, subsection 1, paragraphs b, c, d, 1 g, h, and l, Code 2015, are amended by striking the paragraphs. 2 Sec. 2. Section 714.16, subsection 2, paragraph h, Code 3 2015, is amended by striking the paragraph and inserting in 4 lieu thereof the following: 5 h. It is an unlawful practice for a person to sell, 6 lease, rent, or advertise the sale, lease, or rental of a 7 water treatment system in this state, for which claims or 8 representations of removing health-related contaminants are 9 made, unless the water treatment system complies with all of 10 the following: 11 (1) The water treatment system has all claims or 12 representations of removing health-related contaminants 13 certified by a certification body accredited by the American 14 national standards institute. 15 (2) The water treatment system has met the performance 16 testing requirements applicable to that water treatment system 17 as specified by the national sanitation foundation and the 18 American national standards institute. 19 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2016. 20 Sec. 4. APPLICABILITY. The section of this Act amending 21 section 714.16, subsection 2, paragraph h, applies to the 22 sales, leases, and rentals of water treatment systems, and 23 the advertisement of the sale, lease, or rental of a water 24 treatment system, which occur on or after July 1, 2016. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the sale, lease, rental, or 29 advertisement of water treatment systems. 30 Under current law, it is an unlawful practice for a person to 31 sell, lease, rent, or advertise the sale, lease, or rental of a 32 water treatment system for which claims or representations of 33 removing health-related contaminants are made, unless the water 34 treatment system is performance tested by a third-party testing 35 -1- LSB 2228HV (3) 86 jh/rj 1/ 3

H.F. 580 agency authorized by the department of public health or the 1 manufacturer tested the system and the manufacturer’s data is 2 accepted by a third-party evaluator which was approved by the 3 department of public health; the water treatment system has met 4 the performance testing requirements specified in the testing 5 protocol; the water treatment system bears a label stating, 6 “IMPORTANT NOTICE — Read the Manufacturer’s Performance Data 7 Sheet” and is accompanied by the manufacturer’s performance 8 data sheet, which includes general information about the 9 water treatment system and performance and test data showing 10 the contaminants certified to be reduced; and the consumer 11 information pamphlet compiled by the department of public 12 health is included with the water treatment system. 13 Under Code section 714.16, the attorney general may 14 investigate a person the attorney general believes is engaged 15 in an unlawful practice and seek and obtain injunctive relief 16 against such a person. Code section 714.16 also permits a 17 court to impose a civil penalty against a person who committed 18 an unlawful practice. 19 The bill amends the requirements so that the sale, lease, 20 rental, or advertisement of a water treatment system is not an 21 unlawful practice if the claims and representations related 22 to removal of health-related contaminants are certified by 23 a certification body accredited by the American national 24 standards institute and the water treatment system has met 25 the performance testing requirements applicable to that water 26 treatment system as specified by the national sanitation 27 foundation and the American national standards institute. 28 Under the bill, the testing body or agency is not required to 29 be authorized or approved by the department of public health. 30 The bill eliminates the requirements that a consumer 31 of a water treatment system be provided the manufacturer’s 32 performance data sheet or a consumer information pamphlet 33 compiled by the department of public health. 34 The bill does not affect Code section 714.16(2)(i) or Code 35 -2- LSB 2228HV (3) 86 jh/rj 2/ 3

H.F. 580 section 714.16(2)(j), both of which also relate to the sale, 1 lease, rental, or advertisement of a water treatment system. 2 Under Code section 714.16(2)(i), it is an unlawful practice for 3 a person to sell, lease, rent, or advertise a water treatment 4 system in this state for which false or deceptive claims or 5 representations of removing health-related contaminants are 6 made. Under Code section 714.16(2)(j), it is an unlawful 7 practice for a person to make any representation or claim 8 that the seller’s water treatment system has been approved or 9 endorsed by any agency of the state. 10 The bill takes effect July 1, 2016, and applies to the sales, 11 leases, rentals, or advertisements of water treatment systems 12 which occur on or after July 1, 2016. 13 -3- LSB 2228HV (3) 86 jh/rj 3/ 3