H.F. 2294 Section 1. Section 455B.172, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. a. If a building where a person 3 resides, congregates, or is employed is served by a private 4 well, the well serving the building shall be inspected for the 5 presence of substances and organisms set forth under paragraph 6 “b” prior to any transfer of ownership of the building unless 7 the well is scheduled to be closed. This subsection applies 8 to all types of ownership transfer including at the time a 9 seller-financed real estate contract is signed. The county 10 recorder shall not record a deed or any other property transfer 11 or conveyance document until either a certified inspector’s 12 report is provided that documents the condition of the private 13 well and whether any modifications are required to conform 14 to standards adopted by the department or, in the event that 15 weather or other temporary physical conditions prevent the 16 certified inspection from being conducted, the buyer has 17 executed and submitted a binding acknowledgment with the 18 county board of health to conduct a certified inspection of 19 the private well at the earliest practicable time and to be 20 responsible for any required modifications to the private well 21 as identified by the certified inspection. For purposes of 22 this subsection, “transfer” means the transfer or conveyance 23 by sale, exchange, real estate contract, or any other method 24 by which real estate and improvements are purchased, if the 25 property includes at least one but not more than four dwelling 26 units. However, “transfer” does not include any action set 27 forth in subsection 11, paragraph “a” , subparagraphs (1) 28 through (12). 29 b. (1) An inspection conducted pursuant to this subsection 30 shall examine the level of nitrate, nitrite, arsenic, and 31 coliform bacteria. 32 (2) If the building is a home, an inspection conducted 33 pursuant to this subsection shall examine the level of lead and 34 copper. 35 -1- LSB 5055YH (5) 88 js/ns 1/ 4

H.F. 2294 (3) A county board of health may require that an inspection 1 conducted pursuant to this subsection in the county include 2 an examination of the level of other contaminants based on 3 local groundwater conditions upon the recommendation of the 4 state hygienic laboratory, the Iowa geological survey, or the 5 department. 6 c. Inspections shall be conducted by an inspector certified 7 by the department. 8 d. Pursuant to chapter 17A, the department shall adopt 9 rules establishing certification requirements for inspectors 10 including training, testing, and fees; uniform statewide 11 inspection criteria; and an inspection form. The inspector 12 certification training shall include use of the criteria and 13 form. The department shall maintain a list of certified 14 inspectors. The department shall consult with the state board 15 of health when developing requirements and criteria. 16 e. County personnel are eligible to become certified 17 inspectors. A county may set an inspection fee for 18 inspections conducted by certified county personnel. A county 19 shall allow any department-certified inspector to provide 20 inspection services under this subsection within the county’s 21 jurisdiction. 22 f. A county may use grant moneys received pursuant 23 to section 135.11, subsection 24, to alleviate costs of 24 administering this subsection. A county that uses grant moneys 25 to administer this subsection shall report inspection results 26 to the state board of health. 27 g. Following an inspection, the inspection form and any 28 attachments shall be provided to the county board of health and 29 the department. 30 h. An inspection is valid for a period of twenty-four months 31 for any ownership transfers during that period. 32 Sec. 2. Section 558.69, subsection 1, paragraph b, Code 33 2020, is amended to read as follows: 34 b. That no known wells are situated on the property, or if 35 -2- LSB 5055YH (5) 88 js/ns 2/ 4

H.F. 2294 known wells are situated on the property, the statement must 1 state the approximate location of each known well , and its 2 status with respect to section 455B.190 or 460.302 , and whether 3 the well has been inspected pursuant to section 455B.172, 4 subsection 12, if such an inspection is required . 5 Sec. 3. Section 558A.4, subsection 1, Code 2020, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . c. The disclosure statement shall be 8 accompanied by a report of an inspection conducted pursuant 9 to section 455B.172, subsection 12, if such an inspection is 10 required. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill requires an inspection of a private well that 15 serves a building in which a person resides, congregates, or 16 is employed upon the transfer of ownership of the building, 17 as outlined by the bill. The inspection shall examine the 18 level of nitrate, nitrite, arsenic, and coliform bacteria. If 19 the building is a home, the inspection shall also examine the 20 level of lead and copper. The bill also authorizes a county 21 board of health to require that an inspection in the county 22 include an examination of the level of other contaminants based 23 on local groundwater conditions upon the recommendation of 24 the state hygienic laboratory, the Iowa geological survey, or 25 the department of natural resources. Only a person certified 26 by the department may conduct an inspection. The department 27 shall consult with the state board of health to adopt rules 28 establishing certification requirements and uniform statewide 29 inspection criteria. 30 The bill allows county personnel to become certified 31 inspectors. The bill authorizes a county to set an inspection 32 fee for inspections conducted by county personnel. The bill 33 authorizes counties to use grant moneys received pursuant to 34 the grants to counties water well program in order to alleviate 35 -3- LSB 5055YH (5) 88 js/ns 3/ 4

H.F. 2294 administrative costs associated with private well inspection. 1 A county that uses grant moneys for such purposes shall report 2 inspection results to the state board of health. 3 Following an inspection, the inspection form and any 4 attachments shall be provided to the county board of health and 5 the department. An inspection is valid for all transfers of 6 ownership of a building within a 24-month period. 7 A report of the inspection results shall accompany the 8 disclosure statement required upon the transfer of ownership of 9 the building and a groundwater hazard statement accompanying 10 a declaration of value submitted to a county recorder. The 11 owner of the property is responsible for the accuracy of the 12 information submitted on the groundwater hazard statement and 13 the owner’s agent shall not be liable for the accuracy of such 14 information. A person who fails to include a private well 15 inspection report with the disclosure statement or provides 16 inaccurate information in the report may be liable for actual 17 damages suffered by the transferee. 18 -4- LSB 5055YH (5) 88 js/ns 4/ 4