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Senate File 2232 - IntroducedA Bill ForAn Act 1relating to the sale, lease, or rental of water
2treatment systems and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 714.16, subsection 1, paragraphs b, c, d,
2g, h, and l, Code 2022, are amended by striking the paragraphs.
3 Sec. 2. Section 714.16, subsection 1, paragraph e, Code
42022, is amended by striking the paragraph and inserting in
5lieu thereof the following:
6e. “Contaminant” means any physical, chemical, biological,
7or radiological substance in water.
8 Sec. 3. Section 714.16, subsection 1, Code 2022, is amended
9by adding the following new paragraph:
10 NEW PARAGRAPH. 0g. “Health-related contaminant” means a
11contaminant which has a potentially adverse health effect and
12for which a maximum contaminant level or treatment technique
13requirement or an action level established in lieu of a maximum
14contaminant level has been specified in the national primary
15drinking water regulations.
16 Sec. 4. Section 714.16, subsection 2, paragraph h, Code
172022, is amended by striking the paragraph and inserting in
18lieu thereof the following:
19h. It is an unlawful practice for a person to sell,
20lease, rent, or advertise the sale, lease, or rental of a
21water treatment system in this state, for which claims or
22representations related to the removal of health-related
23contaminants are made, unless a certification body accredited
24by the American national standards institute certifies all
25of the claims or representations related to the removal of
26health-related contaminants. This paragraph shall not be
27construed as limiting a manufacturer’s ability to make claims
28or representations of removing contaminants that are not
29health-related contaminants.
30 Sec. 5. EFFECTIVE DATE. This Act takes effect January 1,
312023.
32 Sec. 6. APPLICABILITY. This Act applies to the sale, lease,
33and rental of water treatment systems, and the advertisement of
34the sale, lease, or rental of water treatment systems, which
35occur on or after the effective date of this Act.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the sale, lease, rental, or
5advertisement of water treatment systems.
6Under current law, it is an unlawful practice for a person to
7sell, lease, rent, or advertise the sale, lease, or rental of a
8water treatment system for which claims or representations of
9removing health-related contaminants are made, unless the water
10treatment system is performance tested by a third-party testing
11agency authorized by the department of public health or the
12manufacturer tested the system and the manufacturer’s data is
13accepted by a third-party evaluator which was approved by the
14department of public health; the water treatment system has met
15the performance testing requirements specified in the testing
16protocol; the water treatment system bears a label stating,
17“IMPORTANT NOTICE — Read the Manufacturer’s Performance Data
18Sheet” and is accompanied by the manufacturer’s performance
19data sheet, which includes general information about the
20water treatment system and performance and test data showing
21the contaminants certified to be reduced; and the consumer
22information pamphlet compiled by the department of public
23health is included with the water treatment system.
24The bill amends the requirements so that the sale, lease,
25rental, or advertisement of a water treatment system is not an
26unlawful practice if a certification body accredited by the
27American national standards institute certifies all claims
28and representations related to the removal of health-related
29contaminants.
30Several types of remedies are available if a court finds
31that a person has committed an unlawful practice, including
32injunctive relief, disgorgement of moneys or property, and a
33civil penalty not to exceed $40,000 per violation.
34The bill eliminates the requirements that a consumer
35of a water treatment system be provided the manufacturer’s
-2-1performance data sheet or a consumer information pamphlet
2compiled by the department of public health.
3The bill does not affect Code section 714.16(2)(i) or Code
4section 714.16(2)(j), both of which also relate to the sale,
5lease, rental, or advertisement of a water treatment system.
6Under Code section 714.16(2)(i), it is an unlawful practice for
7a person to sell, lease, rent, or advertise a water treatment
8system in this state for which false or deceptive claims or
9representations of removing health-related contaminants are
10made. Under Code section 714.16(2)(j), it is an unlawful
11practice for a person to make any representation or claim
12that the seller’s water treatment system has been approved or
13endorsed by any agency of the state.
14The bill takes effect January 1, 2023, and applies to the
15sale, lease, rental, and advertisement of water treatment
16systems which occur on or after that date.
-3-es/jh
2treatment systems and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 714.16, subsection 1, paragraphs b, c, d,
2g, h, and l, Code 2022, are amended by striking the paragraphs.
3 Sec. 2. Section 714.16, subsection 1, paragraph e, Code
42022, is amended by striking the paragraph and inserting in
5lieu thereof the following:
6e. “Contaminant” means any physical, chemical, biological,
7or radiological substance in water.
8 Sec. 3. Section 714.16, subsection 1, Code 2022, is amended
9by adding the following new paragraph:
10 NEW PARAGRAPH. 0g. “Health-related contaminant” means a
11contaminant which has a potentially adverse health effect and
12for which a maximum contaminant level or treatment technique
13requirement or an action level established in lieu of a maximum
14contaminant level has been specified in the national primary
15drinking water regulations.
16 Sec. 4. Section 714.16, subsection 2, paragraph h, Code
172022, is amended by striking the paragraph and inserting in
18lieu thereof the following:
19h. It is an unlawful practice for a person to sell,
20lease, rent, or advertise the sale, lease, or rental of a
21water treatment system in this state, for which claims or
22representations related to the removal of health-related
23contaminants are made, unless a certification body accredited
24by the American national standards institute certifies all
25of the claims or representations related to the removal of
26health-related contaminants. This paragraph shall not be
27construed as limiting a manufacturer’s ability to make claims
28or representations of removing contaminants that are not
29health-related contaminants.
30 Sec. 5. EFFECTIVE DATE. This Act takes effect January 1,
312023.
32 Sec. 6. APPLICABILITY. This Act applies to the sale, lease,
33and rental of water treatment systems, and the advertisement of
34the sale, lease, or rental of water treatment systems, which
35occur on or after the effective date of this Act.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the sale, lease, rental, or
5advertisement of water treatment systems.
6Under current law, it is an unlawful practice for a person to
7sell, lease, rent, or advertise the sale, lease, or rental of a
8water treatment system for which claims or representations of
9removing health-related contaminants are made, unless the water
10treatment system is performance tested by a third-party testing
11agency authorized by the department of public health or the
12manufacturer tested the system and the manufacturer’s data is
13accepted by a third-party evaluator which was approved by the
14department of public health; the water treatment system has met
15the performance testing requirements specified in the testing
16protocol; the water treatment system bears a label stating,
17“IMPORTANT NOTICE — Read the Manufacturer’s Performance Data
18Sheet” and is accompanied by the manufacturer’s performance
19data sheet, which includes general information about the
20water treatment system and performance and test data showing
21the contaminants certified to be reduced; and the consumer
22information pamphlet compiled by the department of public
23health is included with the water treatment system.
24The bill amends the requirements so that the sale, lease,
25rental, or advertisement of a water treatment system is not an
26unlawful practice if a certification body accredited by the
27American national standards institute certifies all claims
28and representations related to the removal of health-related
29contaminants.
30Several types of remedies are available if a court finds
31that a person has committed an unlawful practice, including
32injunctive relief, disgorgement of moneys or property, and a
33civil penalty not to exceed $40,000 per violation.
34The bill eliminates the requirements that a consumer
35of a water treatment system be provided the manufacturer’s
-2-1performance data sheet or a consumer information pamphlet
2compiled by the department of public health.
3The bill does not affect Code section 714.16(2)(i) or Code
4section 714.16(2)(j), both of which also relate to the sale,
5lease, rental, or advertisement of a water treatment system.
6Under Code section 714.16(2)(i), it is an unlawful practice for
7a person to sell, lease, rent, or advertise a water treatment
8system in this state for which false or deceptive claims or
9representations of removing health-related contaminants are
10made. Under Code section 714.16(2)(j), it is an unlawful
11practice for a person to make any representation or claim
12that the seller’s water treatment system has been approved or
13endorsed by any agency of the state.
14The bill takes effect January 1, 2023, and applies to the
15sale, lease, rental, and advertisement of water treatment
16systems which occur on or after that date.
-3-es/jh