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Senate File 2330 - 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. 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
23are made, unless the water treatment system has all claims
24or representations of removing health-related contaminants
25certified by a certification body accredited by the American
26national standards institute. 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,
312019.
32 Sec. 6. APPLICABILITY. This Act applies on or after the
33effective date of this Act to the sales, leases, and rentals
34of water treatment systems, and the advertisement of the sale,
35lease, or rental of a water treatment system, which occur on
-1-1or after that date.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the sale, lease, rental, or
6advertisement of water treatment systems.
7Under current law, it is an unlawful practice for a person to
8sell, lease, rent, or advertise the sale, lease, or rental of a
9water treatment system for which claims or representations of
10removing health-related contaminants are made, unless the water
11treatment system is performance tested by a third-party testing
12agency authorized by the department of public health or the
13manufacturer tested the system and the manufacturer’s data is
14accepted by a third-party evaluator which was approved by the
15department of public health; the water treatment system has met
16the performance testing requirements specified in the testing
17protocol; the water treatment system bears a label stating,
18“IMPORTANT NOTICE — Read the Manufacturer’s Performance Data
19Sheet” and is accompanied by the manufacturer’s performance
20data sheet, which includes general information about the
21water treatment system and performance and test data showing
22the contaminants certified to be reduced; and the consumer
23information pamphlet compiled by the department of public
24health is included with the water treatment system.
25Under Code section 714.16, the attorney general may
26investigate a person the attorney general believes is engaged
27in an unlawful practice and seek and obtain injunctive relief
28against such a person. Code section 714.16 also permits a
29court to impose a civil penalty against a person who committed
30an unlawful practice.
31The bill amends the requirements so that the sale, lease,
32rental, or advertisement of a water treatment system is not an
33unlawful practice if the claims and representations related
34to removal of health-related contaminants are certified by
35a certification body accredited by the American national
-2-1standards institute.
2The bill eliminates the requirements that a consumer
3of a water treatment system be provided the manufacturer’s
4performance data sheet or a consumer information pamphlet
5compiled by the department of public health.
6The bill does not affect Code section 714.16(2)(i) or Code
7section 714.16(2)(j), both of which also relate to the sale,
8lease, rental, or advertisement of a water treatment system.
9Under Code section 714.16(2)(i), it is an unlawful practice for
10a person to sell, lease, rent, or advertise a water treatment
11system in this state for which false or deceptive claims or
12representations of removing health-related contaminants are
13made. Under Code section 714.16(2)(j), it is an unlawful
14practice for a person to make any representation or claim
15that the seller’s water treatment system has been approved or
16endorsed by any agency of the state.
17The bill takes effect January 1, 2019, and applies to the
18sales, leases, rentals, or advertisements of water treatment
19systems which occur on or after that date.
-3-asf/rj
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. 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
23are made, unless the water treatment system has all claims
24or representations of removing health-related contaminants
25certified by a certification body accredited by the American
26national standards institute. 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,
312019.
32 Sec. 6. APPLICABILITY. This Act applies on or after the
33effective date of this Act to the sales, leases, and rentals
34of water treatment systems, and the advertisement of the sale,
35lease, or rental of a water treatment system, which occur on
-1-1or after that date.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the sale, lease, rental, or
6advertisement of water treatment systems.
7Under current law, it is an unlawful practice for a person to
8sell, lease, rent, or advertise the sale, lease, or rental of a
9water treatment system for which claims or representations of
10removing health-related contaminants are made, unless the water
11treatment system is performance tested by a third-party testing
12agency authorized by the department of public health or the
13manufacturer tested the system and the manufacturer’s data is
14accepted by a third-party evaluator which was approved by the
15department of public health; the water treatment system has met
16the performance testing requirements specified in the testing
17protocol; the water treatment system bears a label stating,
18“IMPORTANT NOTICE — Read the Manufacturer’s Performance Data
19Sheet” and is accompanied by the manufacturer’s performance
20data sheet, which includes general information about the
21water treatment system and performance and test data showing
22the contaminants certified to be reduced; and the consumer
23information pamphlet compiled by the department of public
24health is included with the water treatment system.
25Under Code section 714.16, the attorney general may
26investigate a person the attorney general believes is engaged
27in an unlawful practice and seek and obtain injunctive relief
28against such a person. Code section 714.16 also permits a
29court to impose a civil penalty against a person who committed
30an unlawful practice.
31The bill amends the requirements so that the sale, lease,
32rental, or advertisement of a water treatment system is not an
33unlawful practice if the claims and representations related
34to removal of health-related contaminants are certified by
35a certification body accredited by the American national
-2-1standards institute.
2The bill eliminates the requirements that a consumer
3of a water treatment system be provided the manufacturer’s
4performance data sheet or a consumer information pamphlet
5compiled by the department of public health.
6The bill does not affect Code section 714.16(2)(i) or Code
7section 714.16(2)(j), both of which also relate to the sale,
8lease, rental, or advertisement of a water treatment system.
9Under Code section 714.16(2)(i), it is an unlawful practice for
10a person to sell, lease, rent, or advertise a water treatment
11system in this state for which false or deceptive claims or
12representations of removing health-related contaminants are
13made. Under Code section 714.16(2)(j), it is an unlawful
14practice for a person to make any representation or claim
15that the seller’s water treatment system has been approved or
16endorsed by any agency of the state.
17The bill takes effect January 1, 2019, and applies to the
18sales, leases, rentals, or advertisements of water treatment
19systems which occur on or after that date.
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