Bill Text: IA HF18 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act requiring the inspection of a private well serving a building upon the transfer of ownership of the building.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-12 - Introduced, referred to Environmental Protection. H.J. 75. [HF18 Detail]
Download: Iowa-2023-HF18-Introduced.html
House
File
18
-
Introduced
HOUSE
FILE
18
BY
ISENHART
A
BILL
FOR
An
Act
requiring
the
inspection
of
a
private
well
serving
a
1
building
upon
the
transfer
of
ownership
of
the
building.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
455B.172,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
12.
a.
If
a
building
where
a
person
3
resides,
congregates,
or
is
employed
is
served
by
a
private
4
well,
the
well
serving
the
building
shall
be
inspected
for
the
5
presence
of
substances
and
organisms
set
forth
under
paragraph
6
“b”
prior
to
any
transfer
of
ownership
of
the
building
unless
7
the
well
is
scheduled
to
be
closed.
This
subsection
applies
8
to
all
types
of
ownership
transfer
including
at
the
time
a
9
seller-financed
real
estate
contract
is
signed.
The
county
10
recorder
shall
not
record
a
deed
or
any
other
property
transfer
11
or
conveyance
document
until
either
a
certified
inspector’s
12
report
is
provided
that
documents
the
condition
of
the
private
13
well
and
whether
any
modifications
are
required
to
conform
14
to
standards
adopted
by
the
department
or,
in
the
event
that
15
weather
or
other
temporary
physical
conditions
prevent
the
16
certified
inspection
from
being
conducted,
the
buyer
has
17
executed
and
submitted
a
binding
acknowledgment
with
the
18
county
board
of
health
to
conduct
a
certified
inspection
of
19
the
private
well
at
the
earliest
practicable
time
and
to
be
20
responsible
for
any
required
modifications
to
the
private
well
21
as
identified
by
the
certified
inspection.
For
purposes
of
22
this
subsection,
“transfer”
means
the
transfer
or
conveyance
23
by
sale,
exchange,
real
estate
contract,
or
any
other
method
24
by
which
real
estate
and
improvements
are
purchased,
if
the
25
property
includes
at
least
one
but
not
more
than
four
dwelling
26
units.
However,
“transfer”
does
not
include
any
action
set
27
forth
in
subsection
11,
paragraph
“a”
,
subparagraphs
(1)
28
through
(12).
29
b.
(1)
An
inspection
conducted
pursuant
to
this
subsection
30
shall
examine
the
level
of
nitrate,
nitrite,
arsenic,
coliform
31
bacteria,
and
perfluoroalkyl
and
polyfluoroalkyl
substances.
32
(2)
If
the
building
is
a
home,
an
inspection
conducted
33
pursuant
to
this
subsection
shall
examine
the
level
of
lead
and
34
copper.
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(3)
A
county
board
of
health
may
require
that
an
inspection
1
conducted
pursuant
to
this
subsection
in
the
county
include
2
an
examination
of
the
level
of
other
contaminants
based
on
3
local
groundwater
conditions
upon
the
recommendation
of
the
4
state
hygienic
laboratory,
the
Iowa
geological
survey,
or
the
5
department.
6
c.
Inspections
shall
be
conducted
by
an
inspector
certified
7
by
the
department.
8
d.
Pursuant
to
chapter
17A,
the
department
shall
adopt
9
rules
establishing
certification
requirements
for
inspectors
10
including
training,
testing,
and
fees;
uniform
statewide
11
inspection
criteria;
and
an
inspection
form.
The
inspector
12
certification
training
shall
include
use
of
the
criteria
and
13
form.
The
department
shall
maintain
a
list
of
certified
14
inspectors.
The
department
shall
consult
with
the
state
board
15
of
health
when
developing
requirements
and
criteria.
16
e.
County
personnel
are
eligible
to
become
certified
17
inspectors.
A
county
may
set
an
inspection
fee
for
18
inspections
conducted
by
certified
county
personnel.
A
county
19
shall
allow
any
department-certified
inspector
to
provide
20
inspection
services
under
this
subsection
within
the
county’s
21
jurisdiction.
22
f.
A
county
may
use
grant
moneys
received
pursuant
23
to
section
135.11,
subsection
24,
to
alleviate
costs
of
24
administering
this
subsection.
A
county
that
uses
grant
moneys
25
to
administer
this
subsection
shall
report
inspection
results
26
to
the
state
board
of
health.
27
g.
Following
an
inspection,
the
inspection
form
and
any
28
attachments
shall
be
provided
to
the
county
board
of
health
and
29
the
department.
30
h.
An
inspection
is
valid
for
a
period
of
twenty-four
months
31
for
any
ownership
transfers
during
that
period.
32
Sec.
2.
Section
558.69,
subsection
1,
paragraph
b,
Code
33
2023,
is
amended
to
read
as
follows:
34
b.
That
no
known
wells
are
situated
on
the
property
,
or
,
if
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18
known
wells
are
situated
on
the
property,
the
statement
must
1
state
the
approximate
location
of
each
known
well
and
its
,
the
2
well’s
status
with
respect
to
section
455B.190
or
460.302
,
3
and
whether
the
well
has
been
inspected
pursuant
to
section
4
455B.172,
subsection
12,
if
such
an
inspection
is
required
.
5
Sec.
3.
Section
558A.4,
subsection
1,
Code
2023,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
c.
The
disclosure
statement
shall
be
8
accompanied
by
a
report
of
an
inspection
conducted
pursuant
9
to
section
455B.172,
subsection
12,
if
such
an
inspection
is
10
required.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
requires
an
inspection
of
a
private
well
that
15
serves
a
building
in
which
a
person
resides,
congregates,
or
16
is
employed
upon
the
transfer
of
ownership
of
the
building,
17
as
outlined
by
the
bill.
The
inspection
shall
examine
the
18
level
of
nitrate,
nitrite,
arsenic,
coliform
bacteria,
and
19
perfluoroalkyl
and
polyfluoroalkyl
substances.
If
the
building
20
is
a
home,
the
inspection
shall
also
examine
the
level
of
21
lead
and
copper.
The
bill
also
authorizes
a
county
board
of
22
health
to
require
that
an
inspection
in
the
county
include
23
an
examination
of
the
level
of
other
contaminants
based
on
24
local
groundwater
conditions
upon
the
recommendation
of
the
25
state
hygienic
laboratory,
the
Iowa
geological
survey,
or
the
26
department
of
natural
resources.
Only
a
person
certified
by
27
the
department
may
conduct
an
inspection.
The
department
28
shall
consult
with
the
state
board
of
health
to
adopt
rules
29
establishing
certification
requirements
and
uniform
statewide
30
inspection
criteria.
31
The
bill
allows
county
personnel
to
become
certified
32
inspectors.
The
bill
authorizes
a
county
to
set
an
inspection
33
fee
for
inspections
conducted
by
county
personnel.
The
bill
34
authorizes
counties
to
use
grant
moneys
received
pursuant
to
35
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the
grants
to
counties
water
well
program
in
order
to
alleviate
1
administrative
costs
associated
with
private
well
inspection.
2
A
county
that
uses
grant
moneys
for
such
purposes
shall
report
3
inspection
results
to
the
state
board
of
health.
4
Following
an
inspection,
the
inspection
form
and
any
5
attachments
shall
be
provided
to
the
county
board
of
health
and
6
the
department.
An
inspection
is
valid
for
all
transfers
of
7
ownership
of
a
building
within
a
24-month
period.
8
If
a
groundwater
hazard
statement
is
required
to
accompany
9
the
submission
of
a
declaration
of
value
due
to
the
existence
10
of
a
well
situated
on
a
property
to
be
transferred,
the
11
groundwater
hazard
statement
shall
state
whether
the
well
has
12
been
inspected
pursuant
to
the
bill
if
such
an
inspection
is
13
required.
A
report
of
the
inspection
results
shall
accompany
14
the
disclosure
statement
required
to
be
provided
by
a
potential
15
transferor
of
real
property.
A
person
who
fails
to
include
a
16
private
well
inspection
report
with
the
disclosure
statement
or
17
provides
inaccurate
information
in
the
report
may
be
liable
for
18
actual
damages
suffered
by
the
transferee.
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