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Senate Study Bill 3159 - 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 2018, are amended by striking the paragraphs.
3 Sec. 2. Section 714.16, subsection 1, paragraph e, Code
42018, 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 2018, 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
172018, is amended by striking the paragraph and inserting in
18lieu thereof the following:
19h. (1) 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 of removing health-related contaminants are
23made, unless the water treatment system complies with one of
24the following:
25(a) The water treatment system has all claims or
26representations of removing health-related contaminants
27certified by a certification body accredited by the American
28national standards institute.
29(b) Alternatively, in lieu of certification by a
30certification body accredited by the American national
31standards institute, the manufacturer may rely upon the
32manufacturer’s own test data after approval of the data
33by an accepted third-party evaluator as provided in this
34subparagraph. The department of public health shall review
35the qualifications of a third-party evaluator proposed by the
-1-1manufacturer. The department may accept or reject a proposed
2third-party evaluator based upon the required review. If a
3third-party evaluator, accepted by the department, finds that
4the manufacturer’s test data is reliable, adequate, and fairly
5presented, the manufacturer may rely upon that data to satisfy
6the requirements of this subparagraph after filing a copy of
7the test data and the report of the third-party evaluator with
8the department of public health.
9(2) This paragraph “h” shall not be construed as limiting
10a manufacturer’s ability to make claims or representations of
11removing contaminants that are not health-related contaminants.
12 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate
13importance, takes effect upon enactment.
14 Sec. 6. APPLICABILITY. This Act applies on or after the
15effective date of this Act to the sales, leases, and rentals
16of water treatment systems, and the advertisement of the sale,
17lease, or rental of a water treatment system, which occur on
18or after that date.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to the sale, lease, rental, or
23advertisement of water treatment systems.
24Under current law, it is an unlawful practice for a person to
25sell, lease, rent, or advertise the sale, lease, or rental of a
26water treatment system for which claims or representations of
27removing health-related contaminants are made, unless the water
28treatment system is performance tested by a third-party testing
29agency authorized by the department of public health or the
30manufacturer tested the system and the manufacturer’s data is
31accepted by a third-party evaluator which was approved by the
32department of public health; the water treatment system has met
33the performance testing requirements specified in the testing
34protocol; the water treatment system bears a label stating,
35“IMPORTANT NOTICE — Read the Manufacturer’s Performance Data
-2-1Sheet” and is accompanied by the manufacturer’s performance
2data sheet, which includes general information about the
3water treatment system and performance and test data showing
4the contaminants certified to be reduced; and the consumer
5information pamphlet compiled by the department of public
6health is included with the water treatment system.
7Under Code section 714.16, the attorney general may
8investigate a person the attorney general believes is engaged
9in an unlawful practice and seek and obtain injunctive relief
10against such a person. Code section 714.16 also permits a
11court to impose a civil penalty against a person who committed
12an unlawful practice.
13The bill amends the requirements so that the sale, lease,
14rental, or advertisement of a water treatment system is not an
15unlawful practice if the claims and representations related
16to removal of health-related contaminants are certified by
17a certification body accredited by the American national
18standards institute or if the following process is followed.
19In lieu of certification by a certification body accredited by
20the American national standards institute, the manufacturer may
21rely upon the manufacturer’s own test data after approval of
22the data by an acceptable third-party evaluator, after a review
23by the department of public health of the qualifications of the
24third-party evaluator as proposed by the manufacturer. If such
25a third-party evaluator finds that the manufacturer’s test data
26is reliable, adequate, and fairly presented, the manufacturer
27may rely upon that data after filing a copy of the test data and
28the report of the third-party evaluator with the department.
29The bill eliminates the requirements that a consumer
30of a water treatment system be provided the manufacturer’s
31performance data sheet or a consumer information pamphlet
32compiled by the department of public health.
33The bill does not affect Code section 714.16(2)(i) or Code
34section 714.16(2)(j), both of which also relate to the sale,
35lease, rental, or advertisement of a water treatment system.
-3-1Under Code section 714.16(2)(i), it is an unlawful practice for
2a person to sell, lease, rent, or advertise a water treatment
3system in this state for which false or deceptive claims or
4representations of removing health-related contaminants are
5made. Under Code section 714.16(2)(j), it is an unlawful
6practice for a person to make any representation or claim
7that the seller’s water treatment system has been approved or
8endorsed by any agency of the state.
9The bill takes effect upon enactment, and applies to the
10sales, leases, rentals, or advertisements of water treatment
11systems which occur on or after that date.
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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 2018, are amended by striking the paragraphs.
3 Sec. 2. Section 714.16, subsection 1, paragraph e, Code
42018, 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 2018, 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
172018, is amended by striking the paragraph and inserting in
18lieu thereof the following:
19h. (1) 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 of removing health-related contaminants are
23made, unless the water treatment system complies with one of
24the following:
25(a) The water treatment system has all claims or
26representations of removing health-related contaminants
27certified by a certification body accredited by the American
28national standards institute.
29(b) Alternatively, in lieu of certification by a
30certification body accredited by the American national
31standards institute, the manufacturer may rely upon the
32manufacturer’s own test data after approval of the data
33by an accepted third-party evaluator as provided in this
34subparagraph. The department of public health shall review
35the qualifications of a third-party evaluator proposed by the
-1-1manufacturer. The department may accept or reject a proposed
2third-party evaluator based upon the required review. If a
3third-party evaluator, accepted by the department, finds that
4the manufacturer’s test data is reliable, adequate, and fairly
5presented, the manufacturer may rely upon that data to satisfy
6the requirements of this subparagraph after filing a copy of
7the test data and the report of the third-party evaluator with
8the department of public health.
9(2) This paragraph “h” shall not be construed as limiting
10a manufacturer’s ability to make claims or representations of
11removing contaminants that are not health-related contaminants.
12 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate
13importance, takes effect upon enactment.
14 Sec. 6. APPLICABILITY. This Act applies on or after the
15effective date of this Act to the sales, leases, and rentals
16of water treatment systems, and the advertisement of the sale,
17lease, or rental of a water treatment system, which occur on
18or after that date.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to the sale, lease, rental, or
23advertisement of water treatment systems.
24Under current law, it is an unlawful practice for a person to
25sell, lease, rent, or advertise the sale, lease, or rental of a
26water treatment system for which claims or representations of
27removing health-related contaminants are made, unless the water
28treatment system is performance tested by a third-party testing
29agency authorized by the department of public health or the
30manufacturer tested the system and the manufacturer’s data is
31accepted by a third-party evaluator which was approved by the
32department of public health; the water treatment system has met
33the performance testing requirements specified in the testing
34protocol; the water treatment system bears a label stating,
35“IMPORTANT NOTICE — Read the Manufacturer’s Performance Data
-2-1Sheet” and is accompanied by the manufacturer’s performance
2data sheet, which includes general information about the
3water treatment system and performance and test data showing
4the contaminants certified to be reduced; and the consumer
5information pamphlet compiled by the department of public
6health is included with the water treatment system.
7Under Code section 714.16, the attorney general may
8investigate a person the attorney general believes is engaged
9in an unlawful practice and seek and obtain injunctive relief
10against such a person. Code section 714.16 also permits a
11court to impose a civil penalty against a person who committed
12an unlawful practice.
13The bill amends the requirements so that the sale, lease,
14rental, or advertisement of a water treatment system is not an
15unlawful practice if the claims and representations related
16to removal of health-related contaminants are certified by
17a certification body accredited by the American national
18standards institute or if the following process is followed.
19In lieu of certification by a certification body accredited by
20the American national standards institute, the manufacturer may
21rely upon the manufacturer’s own test data after approval of
22the data by an acceptable third-party evaluator, after a review
23by the department of public health of the qualifications of the
24third-party evaluator as proposed by the manufacturer. If such
25a third-party evaluator finds that the manufacturer’s test data
26is reliable, adequate, and fairly presented, the manufacturer
27may rely upon that data after filing a copy of the test data and
28the report of the third-party evaluator with the department.
29The bill eliminates the requirements that a consumer
30of a water treatment system be provided the manufacturer’s
31performance data sheet or a consumer information pamphlet
32compiled by the department of public health.
33The bill does not affect Code section 714.16(2)(i) or Code
34section 714.16(2)(j), both of which also relate to the sale,
35lease, rental, or advertisement of a water treatment system.
-3-1Under Code section 714.16(2)(i), it is an unlawful practice for
2a person to sell, lease, rent, or advertise a water treatment
3system in this state for which false or deceptive claims or
4representations of removing health-related contaminants are
5made. Under Code section 714.16(2)(j), it is an unlawful
6practice for a person to make any representation or claim
7that the seller’s water treatment system has been approved or
8endorsed by any agency of the state.
9The bill takes effect upon enactment, and applies to the
10sales, leases, rentals, or advertisements of water treatment
11systems which occur on or after that date.
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