Relating to the sale, lease, or rental of water treatment systems and including effective date and applicability provisions

This bill relates to the sale, lease, rental, or advertisement of water treatment systems. Under current law, it is an unlawful practice for a person to sell, lease, rent, or advertise the sale, lease, or rental of a water treatment system for which claims or representations of removing health-related contaminants are made, unless the water treatment system is performance tested by a third-party testing agency authorized by the department of public health or the manufacturer tested the system and the manufacturer’s data is accepted by a third-party evaluator which was approved by the department of public health; the water treatment system has met the performance testing requirements specified in the testing protocol; the water treatment system bears a label stating, “IMPORTANT NOTICE — Read the Manufacturer’s Performance Data Sheet” and is accompanied by the manufacturer’s performance data sheet, which includes general information about the water treatment system and performance and test data showing the contaminants certified to be reduced; and the consumer information pamphlet compiled by the department of public health is included with the water treatment system. The bill amends the requirements so that the sale, lease, rental, or advertisement of a water treatment system is not an unlawful practice if a certification body accredited by the American national standards institute certifies all claims and representations related to the removal of health-related contaminants. Several types of remedies are available if a court finds that a person has committed an unlawful practice, including injunctive relief, disgorgement of moneys or property, and a civil penalty not to exceed $40,000 per violation. The bill eliminates the requirements that a consumer of a water treatment system be provided the manufacturer’s performance data sheet or a consumer information pamphlet compiled by the department of public health.16(2)(j), both of which also relate to the sale, lease, rental, or advertisement of a water treatment system.16(2)(i), it is an unlawful practice for a person to sell, lease, rent, or advertise a water treatment system in this state for which false or deceptive claims or representations of removing health-related contaminants are made.16(2)(j), it is an unlawful practice for a person to make any representation or claim that the seller’s water treatment system has been approved or endorsed by any agency of the state. The bill takes effect January 1, 2023, and applies to the sale, lease, rental, and advertisement of water treatment systems which occur on or after that date.