Bill Text: IA HF18 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act requiring the inspection of a private well serving a building upon the transfer of ownership of the building.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-12 - Introduced, referred to Environmental Protection. H.J. 75. [HF18 Detail]

Download: Iowa-2023-HF18-Introduced.html
House File 18 - Introduced HOUSE FILE 18 BY ISENHART A BILL FOR An Act requiring the inspection of a private well serving a 1 building upon the transfer of ownership of the building. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1291HH (2) 90 js/ns
H.F. 18 Section 1. Section 455B.172, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. a. If a building where a person 3 resides, congregates, or is employed is served by a private 4 well, the well serving the building shall be inspected for the 5 presence of substances and organisms set forth under paragraph 6 “b” prior to any transfer of ownership of the building unless 7 the well is scheduled to be closed. This subsection applies 8 to all types of ownership transfer including at the time a 9 seller-financed real estate contract is signed. The county 10 recorder shall not record a deed or any other property transfer 11 or conveyance document until either a certified inspector’s 12 report is provided that documents the condition of the private 13 well and whether any modifications are required to conform 14 to standards adopted by the department or, in the event that 15 weather or other temporary physical conditions prevent the 16 certified inspection from being conducted, the buyer has 17 executed and submitted a binding acknowledgment with the 18 county board of health to conduct a certified inspection of 19 the private well at the earliest practicable time and to be 20 responsible for any required modifications to the private well 21 as identified by the certified inspection. For purposes of 22 this subsection, “transfer” means the transfer or conveyance 23 by sale, exchange, real estate contract, or any other method 24 by which real estate and improvements are purchased, if the 25 property includes at least one but not more than four dwelling 26 units. However, “transfer” does not include any action set 27 forth in subsection 11, paragraph “a” , subparagraphs (1) 28 through (12). 29 b. (1) An inspection conducted pursuant to this subsection 30 shall examine the level of nitrate, nitrite, arsenic, coliform 31 bacteria, and perfluoroalkyl and polyfluoroalkyl substances. 32 (2) If the building is a home, an inspection conducted 33 pursuant to this subsection shall examine the level of lead and 34 copper. 35 -1- LSB 1291HH (2) 90 js/ns 1/ 4
H.F. 18 (3) A county board of health may require that an inspection 1 conducted pursuant to this subsection in the county include 2 an examination of the level of other contaminants based on 3 local groundwater conditions upon the recommendation of the 4 state hygienic laboratory, the Iowa geological survey, or the 5 department. 6 c. Inspections shall be conducted by an inspector certified 7 by the department. 8 d. Pursuant to chapter 17A, the department shall adopt 9 rules establishing certification requirements for inspectors 10 including training, testing, and fees; uniform statewide 11 inspection criteria; and an inspection form. The inspector 12 certification training shall include use of the criteria and 13 form. The department shall maintain a list of certified 14 inspectors. The department shall consult with the state board 15 of health when developing requirements and criteria. 16 e. County personnel are eligible to become certified 17 inspectors. A county may set an inspection fee for 18 inspections conducted by certified county personnel. A county 19 shall allow any department-certified inspector to provide 20 inspection services under this subsection within the county’s 21 jurisdiction. 22 f. A county may use grant moneys received pursuant 23 to section 135.11, subsection 24, to alleviate costs of 24 administering this subsection. A county that uses grant moneys 25 to administer this subsection shall report inspection results 26 to the state board of health. 27 g. Following an inspection, the inspection form and any 28 attachments shall be provided to the county board of health and 29 the department. 30 h. An inspection is valid for a period of twenty-four months 31 for any ownership transfers during that period. 32 Sec. 2. Section 558.69, subsection 1, paragraph b, Code 33 2023, is amended to read as follows: 34 b. That no known wells are situated on the property , or , if 35 -2- LSB 1291HH (2) 90 js/ns 2/ 4
H.F. 18 known wells are situated on the property, the statement must 1 state the approximate location of each known well and its , the 2 well’s status with respect to section 455B.190 or 460.302 , 3 and whether the well has been inspected pursuant to section 4 455B.172, subsection 12, if such an inspection is required . 5 Sec. 3. Section 558A.4, subsection 1, Code 2023, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . c. The disclosure statement shall be 8 accompanied by a report of an inspection conducted pursuant 9 to section 455B.172, subsection 12, if such an inspection is 10 required. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill requires an inspection of a private well that 15 serves a building in which a person resides, congregates, or 16 is employed upon the transfer of ownership of the building, 17 as outlined by the bill. The inspection shall examine the 18 level of nitrate, nitrite, arsenic, coliform bacteria, and 19 perfluoroalkyl and polyfluoroalkyl substances. If the building 20 is a home, the inspection shall also examine the level of 21 lead and copper. The bill also authorizes a county board of 22 health to require that an inspection in the county include 23 an examination of the level of other contaminants based on 24 local groundwater conditions upon the recommendation of the 25 state hygienic laboratory, the Iowa geological survey, or the 26 department of natural resources. Only a person certified by 27 the department may conduct an inspection. The department 28 shall consult with the state board of health to adopt rules 29 establishing certification requirements and uniform statewide 30 inspection criteria. 31 The bill allows county personnel to become certified 32 inspectors. The bill authorizes a county to set an inspection 33 fee for inspections conducted by county personnel. The bill 34 authorizes counties to use grant moneys received pursuant to 35 -3- LSB 1291HH (2) 90 js/ns 3/ 4
H.F. 18 the grants to counties water well program in order to alleviate 1 administrative costs associated with private well inspection. 2 A county that uses grant moneys for such purposes shall report 3 inspection results to the state board of health. 4 Following an inspection, the inspection form and any 5 attachments shall be provided to the county board of health and 6 the department. An inspection is valid for all transfers of 7 ownership of a building within a 24-month period. 8 If a groundwater hazard statement is required to accompany 9 the submission of a declaration of value due to the existence 10 of a well situated on a property to be transferred, the 11 groundwater hazard statement shall state whether the well has 12 been inspected pursuant to the bill if such an inspection is 13 required. A report of the inspection results shall accompany 14 the disclosure statement required to be provided by a potential 15 transferor of real property. A person who fails to include a 16 private well inspection report with the disclosure statement or 17 provides inaccurate information in the report may be liable for 18 actual damages suffered by the transferee. 19 -4- LSB 1291HH (2) 90 js/ns 4/ 4
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