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
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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
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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
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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.
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