Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 111 of the General Laws is hereby amended by inserting after section 160B the following five sections:-
Section 160C. As used in this section and sections one hundred and sixty B to one hundred and sixty G, inclusive, the following terms shall, unless the context clearly indicates otherwise, have the following meanings:-
"Department", the department of environmental protection.
"Home water treatment device", any product that (a) is designed to alter the chemical, electro-chemical, or physical properties or characteristics of drinking water, and (b) is used, sold, leased, or rented for use on residential real property primarily for personal, family, or household purposes.
"Purchaser", a person who purchases, leases or rents home water treatment devices.
"Seller", a person who sells, leases, rents or promotes home water treatment devices.
Section 160D. Any person shall be permitted to test or analyze drinking water for the purpose of selling, leasing, renting or promoting home water treatment devices for the following substances: chlorine, chloride, color, iron, manganese, odor, hardness, hydrogen sulfide, PH, sulfate, TDS, zinc and such other substances as the department may by regulation allow; provided, however, that the test or analysis shall be accompanied by a form provided or approved by the department and given by the seller to the prospective purchaser setting out clearly and accurately the scope, limits, and results of said test or analysis. A civil penalty of not more than five thousand dollars shall be assessed for a failure by the seller to provide prospective purchasers with the required form. The department, in consultation with representatives of consumer groups and the home water treatment device industry shall develop such form or approve such forms as may be submitted to the department. Failure by the department to provide or approve such form shall constitute a waiver of said requirement until such form shall be provided or approved by the department.
Any person may deliver to an independent laboratory, certified by the department to test for drinking water supply parameters, a sample of water collected and sealed in a manner approved by the department for the purpose of having said water tested or analyzed. Results of such testing and analysis, including a comparison of such results with Massachusetts drinking water standards and a brief description of the health effects of any contaminants shown to be present at levels that exceed the Massachusetts drinking water standards shall be reported in writing to the prospective purchaser by the certified laboratory on a standard testing result form, as approved by the department, prior to any sale, lease or rental arrangement of a home water treatment device.
Section 160E. A civil penalty of not more than five thousand dollars shall be assessed on any person who is not certified by the department to perform drinking water quality testing who tests or analyzes drinking water, except for those tests allowed under the provisions of section one hundred and sixty D for the purpose of selling, leasing, renting or promoting a home water treatment device.
Section 160F. Any misleading statement or material misrepresentation made in order to sell, lease, rent or promote for sale, lease, or rental of a home water treatment device shall constitute an unfair and deceptive practice under the provisions of chapter ninety-three A.
Section 160G. The department may make such rules and regulations or issue orders requiring such action as it deems necessary to enforce the provisions of sections one hundred and sixty C to one hundred and sixty F, inclusive. The department and cities, towns and districts acting through their local boards of health or boards or offices having like powers and duties where there is no board of health, shall have concurrent jurisdiction to enforce the provisions of said sections one hundred and sixty C to one hundred and sixty F, inclusive. Any persons aggrieved by any action of a city, town or district pursuant to the provisions of said sections one hundred and sixty C to one hundred and sixty F, inclusive, may appeal to the department and said department may, after a hearing, affirm, rescind, modify or amend such action. Civil penalties collected by cities, towns, and districts from said enforcement shall be retained for use by the cities, towns, and districts.