Senate File 2232 - Introduced SENATE FILE 2232 BY COMMITTEE ON COMMERCE (SUCCESSOR TO SSB 3056) 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 5052SV (1) 89 es/jh

S.F. 2232 Section 1. Section 714.16, subsection 1, paragraphs b, c, d, 1 g, h, and l, Code 2022, are amended by striking the paragraphs. 2 Sec. 2. Section 714.16, subsection 1, paragraph e, Code 3 2022, 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 2022, 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 2022, 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 related to the removal of health-related 22 contaminants are made, unless a certification body accredited 23 by the American national standards institute certifies all 24 of the claims or representations related to the removal of 25 health-related contaminants. 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 2023. 31 Sec. 6. APPLICABILITY. This Act applies to the sale, lease, 32 and rental of water treatment systems, and the advertisement of 33 the sale, lease, or rental of water treatment systems, which 34 occur on or after the effective date of this Act. 35 -1- LSB 5052SV (1) 89 es/jh 1/ 3

S.F. 2232 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the sale, lease, rental, or 4 advertisement of water treatment systems. 5 Under current law, it is an unlawful practice for a person to 6 sell, lease, rent, or advertise the sale, lease, or rental of a 7 water treatment system for which claims or representations of 8 removing health-related contaminants are made, unless the water 9 treatment system is performance tested by a third-party testing 10 agency authorized by the department of public health or the 11 manufacturer tested the system and the manufacturer’s data is 12 accepted by a third-party evaluator which was approved by the 13 department of public health; the water treatment system has met 14 the performance testing requirements specified in the testing 15 protocol; the water treatment system bears a label stating, 16 “IMPORTANT NOTICE — Read the Manufacturer’s Performance Data 17 Sheet” and is accompanied by the manufacturer’s performance 18 data sheet, which includes general information about the 19 water treatment system and performance and test data showing 20 the contaminants certified to be reduced; and the consumer 21 information pamphlet compiled by the department of public 22 health is included with the water treatment system. 23 The bill amends the requirements so that the sale, lease, 24 rental, or advertisement of a water treatment system is not an 25 unlawful practice if a certification body accredited by the 26 American national standards institute certifies all claims 27 and representations related to the removal of health-related 28 contaminants. 29 Several types of remedies are available if a court finds 30 that a person has committed an unlawful practice, including 31 injunctive relief, disgorgement of moneys or property, and a 32 civil penalty not to exceed $40,000 per violation. 33 The bill eliminates the requirements that a consumer 34 of a water treatment system be provided the manufacturer’s 35 -2- LSB 5052SV (1) 89 es/jh 2/ 3

S.F. 2232 performance data sheet or a consumer information pamphlet 1 compiled by the department of public health. 2 The bill does not affect Code section 714.16(2)(i) or Code 3 section 714.16(2)(j), both of which also relate to the sale, 4 lease, rental, or advertisement of a water treatment system. 5 Under Code section 714.16(2)(i), it is an unlawful practice for 6 a person to sell, lease, rent, or advertise a water treatment 7 system in this state for which false or deceptive claims or 8 representations of removing health-related contaminants are 9 made. Under Code section 714.16(2)(j), it is an unlawful 10 practice for a person to make any representation or claim 11 that the seller’s water treatment system has been approved or 12 endorsed by any agency of the state. 13 The bill takes effect January 1, 2023, and applies to the 14 sale, lease, rental, and advertisement of water treatment 15 systems which occur on or after that date. 16 -3- LSB 5052SV (1) 89 es/jh 3/ 3