Bill Text: IA SSB3056 | 2021-2022 | 89th 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.(See SF 2232.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-08 - Committee report approving bill, renumbered as SF 2232. [SSB3056 Detail]
Download: Iowa-2021-SSB3056-Introduced.html
Senate
Study
Bill
3056
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
SCHULTZ)
A
BILL
FOR
An
Act
relating
to
the
sale,
lease,
or
rental
of
water
1
treatment
systems
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
714.16,
subsection
1,
paragraphs
b,
c,
d,
1
g,
h,
and
l,
Code
2022,
are
amended
by
striking
the
paragraphs.
2
Sec.
2.
Section
714.16,
subsection
1,
paragraph
e,
Code
3
2022,
is
amended
by
striking
the
paragraph
and
inserting
in
4
lieu
thereof
the
following:
5
e.
“Contaminant”
means
any
physical,
chemical,
biological,
6
or
radiological
substance
in
water.
7
Sec.
3.
Section
714.16,
subsection
1,
Code
2022,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
0g.
“Health-related
contaminant”
means
a
10
contaminant
which
has
a
potentially
adverse
health
effect
and
11
for
which
a
maximum
contaminant
level
or
treatment
technique
12
requirement
or
an
action
level
established
in
lieu
of
a
maximum
13
contaminant
level
has
been
specified
in
the
national
primary
14
drinking
water
regulations.
15
Sec.
4.
Section
714.16,
subsection
2,
paragraph
h,
Code
16
2022,
is
amended
by
striking
the
paragraph
and
inserting
in
17
lieu
thereof
the
following:
18
h.
It
is
an
unlawful
practice
for
a
person
to
sell,
19
lease,
rent,
or
advertise
the
sale,
lease,
or
rental
of
a
20
water
treatment
system
in
this
state,
for
which
claims
or
21
representations
related
to
the
removal
of
health-related
22
contaminants
are
made,
unless
a
certification
body
accredited
23
by
the
American
national
standards
institute
certifies
all
24
of
the
claims
or
representations
related
to
the
removal
of
25
health-related
contaminants.
This
paragraph
shall
not
be
26
construed
as
limiting
a
manufacturer’s
ability
to
make
claims
27
or
representations
of
removing
contaminants
that
are
not
28
health-related
contaminants.
29
Sec.
5.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
30
2023.
31
Sec.
6.
APPLICABILITY.
This
Act
applies
to
the
sale,
lease,
32
and
rental
of
water
treatment
systems,
and
the
advertisement
of
33
the
sale,
lease,
or
rental
of
water
treatment
systems,
which
34
occur
on
or
after
the
effective
date
of
this
Act.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
sale,
lease,
rental,
or
4
advertisement
of
water
treatment
systems.
5
Under
current
law,
it
is
an
unlawful
practice
for
a
person
to
6
sell,
lease,
rent,
or
advertise
the
sale,
lease,
or
rental
of
a
7
water
treatment
system
for
which
claims
or
representations
of
8
removing
health-related
contaminants
are
made,
unless
the
water
9
treatment
system
is
performance
tested
by
a
third-party
testing
10
agency
authorized
by
the
department
of
public
health
or
the
11
manufacturer
tested
the
system
and
the
manufacturer’s
data
is
12
accepted
by
a
third-party
evaluator
which
was
approved
by
the
13
department
of
public
health;
the
water
treatment
system
has
met
14
the
performance
testing
requirements
specified
in
the
testing
15
protocol;
the
water
treatment
system
bears
a
label
stating,
16
“IMPORTANT
NOTICE
—
Read
the
Manufacturer’s
Performance
Data
17
Sheet”
and
is
accompanied
by
the
manufacturer’s
performance
18
data
sheet,
which
includes
general
information
about
the
19
water
treatment
system
and
performance
and
test
data
showing
20
the
contaminants
certified
to
be
reduced;
and
the
consumer
21
information
pamphlet
compiled
by
the
department
of
public
22
health
is
included
with
the
water
treatment
system.
23
The
bill
amends
the
requirements
so
that
the
sale,
lease,
24
rental,
or
advertisement
of
a
water
treatment
system
is
not
an
25
unlawful
practice
if
a
certification
body
accredited
by
the
26
American
national
standards
institute
certifies
all
claims
27
and
representations
related
to
the
removal
of
health-related
28
contaminants.
29
Several
types
of
remedies
are
available
if
a
court
finds
30
that
a
person
has
committed
an
unlawful
practice,
including
31
injunctive
relief,
disgorgement
of
moneys
or
property,
and
a
32
civil
penalty
not
to
exceed
$40,000
per
violation.
33
The
bill
eliminates
the
requirements
that
a
consumer
34
of
a
water
treatment
system
be
provided
the
manufacturer’s
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performance
data
sheet
or
a
consumer
information
pamphlet
1
compiled
by
the
department
of
public
health.
2
The
bill
does
not
affect
Code
section
714.16(2)(i)
or
Code
3
section
714.16(2)(j),
both
of
which
also
relate
to
the
sale,
4
lease,
rental,
or
advertisement
of
a
water
treatment
system.
5
Under
Code
section
714.16(2)(i),
it
is
an
unlawful
practice
for
6
a
person
to
sell,
lease,
rent,
or
advertise
a
water
treatment
7
system
in
this
state
for
which
false
or
deceptive
claims
or
8
representations
of
removing
health-related
contaminants
are
9
made.
Under
Code
section
714.16(2)(j),
it
is
an
unlawful
10
practice
for
a
person
to
make
any
representation
or
claim
11
that
the
seller’s
water
treatment
system
has
been
approved
or
12
endorsed
by
any
agency
of
the
state.
13
The
bill
takes
effect
January
1,
2023,
and
applies
to
the
14
sale,
lease,
rental,
and
advertisement
of
water
treatment
15
systems
which
occur
on
or
after
that
date.
16
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