Senate File 475 - Introduced SENATE FILE 475 BY KNOX A BILL FOR An Act relating to testing for and disclosure of lead levels 1 in drinking water prior to the sale or lease of residential 2 real estate. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2228XS (3) 90 ko/ns
S.F. 475 Section 1. Section 558A.4, subsection 1, paragraph a, Code 1 2023, is amended to read as follows: 2 a. The disclosure statement shall include information 3 relating to the condition and important characteristics of the 4 property and structures located on the property, including 5 significant defects in the structural integrity of the 6 structure, as provided in rules which shall be adopted by the 7 real estate commission pursuant to section 543B.9 . The rules 8 may require the disclosure to include information relating 9 to the propertys zoning classification; the condition of 10 plumbing, heating, or electrical systems; or the presence of 11 pests. The rules shall require that the drinking water at the 12 property be tested for lead at a laboratory certified by the 13 department of natural resources to test drinking water for 14 lead, and that the test results be attached to the disclosure 15 statement. If a water filter is in use at the property 16 to mitigate lead levels in the drinking water, the rules 17 shall require that information be included in the disclosure 18 statement. 19 Sec. 2. Section 562A.13, Code 2023, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 7. Within sixty calendar days preceding the 22 commencement of a tenancy, the drinking water at the dwelling 23 unit shall be tested for lead at a laboratory certified by the 24 department of natural resources to test drinking water for 25 lead, and the landlord or a person authorized to enter into 26 a rental agreement on behalf of the landlord shall disclose 27 the results of the test in writing to each prospective tenant 28 before the rental agreement is signed. If a water filter 29 is in use to mitigate lead levels in the drinking water at 30 the dwelling unit, the landlord or a person authorized to 31 enter into a rental agreement on behalf of the landlord shall 32 disclose that information in writing to each prospective tenant 33 before the rental agreement is signed. 34 EXPLANATION 35 -1- LSB 2228XS (3) 90 ko/ns 1/ 2
S.F. 475 The inclusion of this explanation does not constitute agreement with 1 the explanations substance by the members of the general assembly. 2 This bill relates to testing for and disclosure of lead 3 levels in water prior to the sale or lease of residential real 4 estate. 5 The bill provides that rules adopted by the real estate 6 commission regarding information in the disclosure statement 7 delivered prior to transferring real property (property) 8 shall require that the drinking water (water) at the property 9 be tested for lead at a laboratory (lab) certified by the 10 department of natural resources (DNR) to test water for lead, 11 and that the results be attached to the disclosure statement. 12 If a water filter is in use at the property to mitigate lead 13 levels, the rules shall also require that information be 14 disclosed. 15 Within 60 days preceding the commencement of a tenancy, the 16 drinking water at the prospective dwelling unit (unit) shall 17 be tested for lead at a lab certified by the DNR to test water 18 for lead, and the landlord or a person authorized to enter into 19 a rental agreement (agreement) on behalf of the landlord shall 20 disclose the results of the test in writing to each prospective 21 tenant before the agreement is signed. If a water filter is 22 in use to mitigate lead in the water at the unit, the landlord 23 or a person authorized to enter into an agreement on behalf of 24 the landlord shall also disclose that information in writing to 25 each prospective tenant. 26 -2- LSB 2228XS (3) 90 ko/ns 2/ 2