Bill Text: IA HF580 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the sale, lease, or rental of water treatment systems and including effective date and applicability provisions. (Formerly HSB 144)
Sponsorship: Committee Bill
Status: (Engrossed - Dead) 2015-03-31 - Subcommittee, Taylor, Horn, and Schneider. S.J. 754. [HF580 Detail]
Download: Iowa-2015-HF580-Introduced.html
House File 580 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 144) A BILL FOR 1 An Act relating to the sale, lease, or rental of water 2 treatment systems and including effective date and 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2228HV (3) 86 jh/rj PAG LIN 1 1 Section 1. Section 714.16, subsection 1, paragraphs b, c, d, 1 2 g, h, and l, Code 2015, are amended by striking the paragraphs. 1 3 Sec. 2. Section 714.16, subsection 2, paragraph h, Code 1 4 2015, is amended by striking the paragraph and inserting in 1 5 lieu thereof the following: 1 6 h. It is an unlawful practice for a person to sell, 1 7 lease, rent, or advertise the sale, lease, or rental of a 1 8 water treatment system in this state, for which claims or 1 9 representations of removing health=related contaminants are 1 10 made, unless the water treatment system complies with all of 1 11 the following: 1 12 (1) The water treatment system has all claims or 1 13 representations of removing health=related contaminants 1 14 certified by a certification body accredited by the American 1 15 national standards institute. 1 16 (2) The water treatment system has met the performance 1 17 testing requirements applicable to that water treatment system 1 18 as specified by the national sanitation foundation and the 1 19 American national standards institute. 1 20 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2016. 1 21 Sec. 4. APPLICABILITY. The section of this Act amending 1 22 section 714.16, subsection 2, paragraph h, applies to the 1 23 sales, leases, and rentals of water treatment systems, and 1 24 the advertisement of the sale, lease, or rental of a water 1 25 treatment system, which occur on or after July 1, 2016. 1 26 EXPLANATION 1 27 The inclusion of this explanation does not constitute agreement with 1 28 the explanation's substance by the members of the general assembly. 1 29 This bill relates to the sale, lease, rental, or 1 30 advertisement of water treatment systems. 1 31 Under current law, it is an unlawful practice for a person to 1 32 sell, lease, rent, or advertise the sale, lease, or rental of a 1 33 water treatment system for which claims or representations of 1 34 removing health=related contaminants are made, unless the water 1 35 treatment system is performance tested by a third=party testing 2 1 agency authorized by the department of public health or the 2 2 manufacturer tested the system and the manufacturer's data is 2 3 accepted by a third=party evaluator which was approved by the 2 4 department of public health; the water treatment system has met 2 5 the performance testing requirements specified in the testing 2 6 protocol; the water treatment system bears a label stating, 2 7 "IMPORTANT NOTICE == Read the Manufacturer's Performance Data 2 8 Sheet" and is accompanied by the manufacturer's performance 2 9 data sheet, which includes general information about the 2 10 water treatment system and performance and test data showing 2 11 the contaminants certified to be reduced; and the consumer 2 12 information pamphlet compiled by the department of public 2 13 health is included with the water treatment system. 2 14 Under Code section 714.16, the attorney general may 2 15 investigate a person the attorney general believes is engaged 2 16 in an unlawful practice and seek and obtain injunctive relief 2 17 against such a person. Code section 714.16 also permits a 2 18 court to impose a civil penalty against a person who committed 2 19 an unlawful practice. 2 20 The bill amends the requirements so that the sale, lease, 2 21 rental, or advertisement of a water treatment system is not an 2 22 unlawful practice if the claims and representations related 2 23 to removal of health=related contaminants are certified by 2 24 a certification body accredited by the American national 2 25 standards institute and the water treatment system has met 2 26 the performance testing requirements applicable to that water 2 27 treatment system as specified by the national sanitation 2 28 foundation and the American national standards institute. 2 29 Under the bill, the testing body or agency is not required to 2 30 be authorized or approved by the department of public health. 2 31 The bill eliminates the requirements that a consumer 2 32 of a water treatment system be provided the manufacturer's 2 33 performance data sheet or a consumer information pamphlet 2 34 compiled by the department of public health. 2 35 The bill does not affect Code section 714.16(2)(i) or Code 3 1 section 714.16(2)(j), both of which also relate to the sale, 3 2 lease, rental, or advertisement of a water treatment system. 3 3 Under Code section 714.16(2)(i), it is an unlawful practice for 3 4 a person to sell, lease, rent, or advertise a water treatment 3 5 system in this state for which false or deceptive claims or 3 6 representations of removing health=related contaminants are 3 7 made. Under Code section 714.16(2)(j), it is an unlawful 3 8 practice for a person to make any representation or claim 3 9 that the seller's water treatment system has been approved or 3 10 endorsed by any agency of the state. 3 11 The bill takes effect July 1, 2016, and applies to the sales, 3 12 leases, rentals, or advertisements of water treatment systems 3 13 which occur on or after July 1, 2016. LSB 2228HV (3) 86 jh/rj
