S.F. _____ Section 1. Section 714.16, subsection 1, paragraphs b, c, d, 1 g, h, and l, Code 2018, are amended by striking the paragraphs. 2 Sec. 2. Section 714.16, subsection 1, paragraph e, Code 3 2018, 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 2018, 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 2018, is amended by striking the paragraph and inserting in 17 lieu thereof the following: 18 h. (1) 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 are 22 made, unless the water treatment system complies with one of 23 the following: 24 (a) The water treatment system has all claims or 25 representations of removing health-related contaminants 26 certified by a certification body accredited by the American 27 national standards institute. 28 (b) Alternatively, in lieu of certification by a 29 certification body accredited by the American national 30 standards institute, the manufacturer may rely upon the 31 manufacturer’s own test data after approval of the data 32 by an accepted third-party evaluator as provided in this 33 subparagraph. The department of public health shall review 34 the qualifications of a third-party evaluator proposed by the 35 -1- LSB 5445XC (5) 87 asf/rj 1/ 4

S.F. _____ manufacturer. The department may accept or reject a proposed 1 third-party evaluator based upon the required review. If a 2 third-party evaluator, accepted by the department, finds that 3 the manufacturer’s test data is reliable, adequate, and fairly 4 presented, the manufacturer may rely upon that data to satisfy 5 the requirements of this subparagraph after filing a copy of 6 the test data and the report of the third-party evaluator with 7 the department of public health. 8 (2) This paragraph “h” shall not be construed as limiting 9 a manufacturer’s ability to make claims or representations of 10 removing contaminants that are not health-related contaminants. 11 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 12 importance, takes effect upon enactment. 13 Sec. 6. APPLICABILITY. This Act applies on or after the 14 effective date of this Act to the sales, leases, and rentals 15 of water treatment systems, and the advertisement of the sale, 16 lease, or rental of a water treatment system, which occur on 17 or after that date. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the sale, lease, rental, or 22 advertisement of water treatment systems. 23 Under current law, it is an unlawful practice for a person to 24 sell, lease, rent, or advertise the sale, lease, or rental of a 25 water treatment system for which claims or representations of 26 removing health-related contaminants are made, unless the water 27 treatment system is performance tested by a third-party testing 28 agency authorized by the department of public health or the 29 manufacturer tested the system and the manufacturer’s data is 30 accepted by a third-party evaluator which was approved by the 31 department of public health; the water treatment system has met 32 the performance testing requirements specified in the testing 33 protocol; the water treatment system bears a label stating, 34 “IMPORTANT NOTICE — Read the Manufacturer’s Performance Data 35 -2- LSB 5445XC (5) 87 asf/rj 2/ 4

S.F. _____ Sheet” and is accompanied by the manufacturer’s performance 1 data sheet, which includes general information about the 2 water treatment system and performance and test data showing 3 the contaminants certified to be reduced; and the consumer 4 information pamphlet compiled by the department of public 5 health is included with the water treatment system. 6 Under Code section 714.16, the attorney general may 7 investigate a person the attorney general believes is engaged 8 in an unlawful practice and seek and obtain injunctive relief 9 against such a person. Code section 714.16 also permits a 10 court to impose a civil penalty against a person who committed 11 an unlawful practice. 12 The bill amends the requirements so that the sale, lease, 13 rental, or advertisement of a water treatment system is not an 14 unlawful practice if the claims and representations related 15 to removal of health-related contaminants are certified by 16 a certification body accredited by the American national 17 standards institute or if the following process is followed. 18 In lieu of certification by a certification body accredited by 19 the American national standards institute, the manufacturer may 20 rely upon the manufacturer’s own test data after approval of 21 the data by an acceptable third-party evaluator, after a review 22 by the department of public health of the qualifications of the 23 third-party evaluator as proposed by the manufacturer. If such 24 a third-party evaluator finds that the manufacturer’s test data 25 is reliable, adequate, and fairly presented, the manufacturer 26 may rely upon that data after filing a copy of the test data and 27 the report of the third-party evaluator with the department. 28 The bill eliminates the requirements that a consumer 29 of a water treatment system be provided the manufacturer’s 30 performance data sheet or a consumer information pamphlet 31 compiled by the department of public health. 32 The bill does not affect Code section 714.16(2)(i) or Code 33 section 714.16(2)(j), both of which also relate to the sale, 34 lease, rental, or advertisement of a water treatment system. 35 -3- LSB 5445XC (5) 87 asf/rj 3/ 4

S.F. _____ Under Code section 714.16(2)(i), it is an unlawful practice for 1 a person to sell, lease, rent, or advertise a water treatment 2 system in this state for which false or deceptive claims or 3 representations of removing health-related contaminants are 4 made. Under Code section 714.16(2)(j), it is an unlawful 5 practice for a person to make any representation or claim 6 that the seller’s water treatment system has been approved or 7 endorsed by any agency of the state. 8 The bill takes effect upon enactment, and applies to the 9 sales, leases, rentals, or advertisements of water treatment 10 systems which occur on or after that date. 11 -4- LSB 5445XC (5) 87 asf/rj 4/ 4