Bill Text: IA SF2330 | 2017-2018 | 87th 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 SSB 3159.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-03-22 - Placed on calendar under unfinished business. H.J. 671. [SF2330 Detail]
Download: Iowa-2017-SF2330-Introduced.html
Senate File 2330 - Introduced SENATE FILE BY COMMITTEE ON COMMERCE (SUCCESSOR TO SSB 3159) 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 5445SV (2) 87 asf/rj PAG LIN 1 1 Section 1. Section 714.16, subsection 1, paragraphs b, c, d, 1 2 g, h, and l, Code 2018, are amended by striking the paragraphs. 1 3 Sec. 2. Section 714.16, subsection 1, paragraph e, Code 1 4 2018, is amended by striking the paragraph and inserting in 1 5 lieu thereof the following: 1 6 e. "Contaminant" means any physical, chemical, biological, 1 7 or radiological substance in water. 1 8 Sec. 3. Section 714.16, subsection 1, Code 2018, is amended 1 9 by adding the following new paragraph: 1 10 NEW PARAGRAPH. 0g. "Health=related contaminant" means a 1 11 contaminant which has a potentially adverse health effect and 1 12 for which a maximum contaminant level or treatment technique 1 13 requirement or an action level established in lieu of a maximum 1 14 contaminant level has been specified in the national primary 1 15 drinking water regulations. 1 16 Sec. 4. Section 714.16, subsection 2, paragraph h, Code 1 17 2018, is amended by striking the paragraph and inserting in 1 18 lieu thereof the following: 1 19 h. It is an unlawful practice for a person to sell, 1 20 lease, rent, or advertise the sale, lease, or rental of a 1 21 water treatment system in this state, for which claims or 1 22 representations of removing health=related contaminants 1 23 are made, unless the water treatment system has all claims 1 24 or representations of removing health=related contaminants 1 25 certified by a certification body accredited by the American 1 26 national standards institute. This paragraph shall not be 1 27 construed as limiting a manufacturer's ability to make claims 1 28 or representations of removing contaminants that are not 1 29 health=related contaminants. 1 30 Sec. 5. EFFECTIVE DATE. This Act takes effect January 1, 1 31 2019. 1 32 Sec. 6. APPLICABILITY. This Act applies on or after the 1 33 effective date of this Act to the sales, leases, and rentals 1 34 of water treatment systems, and the advertisement of the sale, 1 35 lease, or rental of a water treatment system, which occur on 2 1 or after that date. 2 2 EXPLANATION 2 3 The inclusion of this explanation does not constitute agreement with 2 4 the explanation's substance by the members of the general assembly. 2 5 This bill relates to the sale, lease, rental, or 2 6 advertisement of water treatment systems. 2 7 Under current law, it is an unlawful practice for a person to 2 8 sell, lease, rent, or advertise the sale, lease, or rental of a 2 9 water treatment system for which claims or representations of 2 10 removing health=related contaminants are made, unless the water 2 11 treatment system is performance tested by a third=party testing 2 12 agency authorized by the department of public health or the 2 13 manufacturer tested the system and the manufacturer's data is 2 14 accepted by a third=party evaluator which was approved by the 2 15 department of public health; the water treatment system has met 2 16 the performance testing requirements specified in the testing 2 17 protocol; the water treatment system bears a label stating, 2 18 "IMPORTANT NOTICE == Read the Manufacturer's Performance Data 2 19 Sheet" and is accompanied by the manufacturer's performance 2 20 data sheet, which includes general information about the 2 21 water treatment system and performance and test data showing 2 22 the contaminants certified to be reduced; and the consumer 2 23 information pamphlet compiled by the department of public 2 24 health is included with the water treatment system. 2 25 Under Code section 714.16, the attorney general may 2 26 investigate a person the attorney general believes is engaged 2 27 in an unlawful practice and seek and obtain injunctive relief 2 28 against such a person. Code section 714.16 also permits a 2 29 court to impose a civil penalty against a person who committed 2 30 an unlawful practice. 2 31 The bill amends the requirements so that the sale, lease, 2 32 rental, or advertisement of a water treatment system is not an 2 33 unlawful practice if the claims and representations related 2 34 to removal of health=related contaminants are certified by 2 35 a certification body accredited by the American national 3 1 standards institute. 3 2 The bill eliminates the requirements that a consumer 3 3 of a water treatment system be provided the manufacturer's 3 4 performance data sheet or a consumer information pamphlet 3 5 compiled by the department of public health. 3 6 The bill does not affect Code section 714.16(2)(i) or Code 3 7 section 714.16(2)(j), both of which also relate to the sale, 3 8 lease, rental, or advertisement of a water treatment system. 3 9 Under Code section 714.16(2)(i), it is an unlawful practice for 3 10 a person to sell, lease, rent, or advertise a water treatment 3 11 system in this state for which false or deceptive claims or 3 12 representations of removing health=related contaminants are 3 13 made. Under Code section 714.16(2)(j), it is an unlawful 3 14 practice for a person to make any representation or claim 3 15 that the seller's water treatment system has been approved or 3 16 endorsed by any agency of the state. 3 17 The bill takes effect January 1, 2019, and applies to the 3 18 sales, leases, rentals, or advertisements of water treatment 3 19 systems which occur on or after that date. LSB 5445SV (2) 87 asf/rj
