Assembly Bill No. 134–Committee on Natural Resources, Agriculture and Mining

(On Behalf of Health Division)

February 4, 1999

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Referred to Committee on Natural Resources, Agriculture and Mining

 

SUMMARY—Makes various changes to provisions governing public water systems. (BDR 40-441)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public water systems; expanding the authority of the state board of health to regulate such systems; requiring certain systems to have the necessary technical, managerial and financial capacities to comply with certain federal regulations; revising the requirement that operators of such systems be certified by the state board of health; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 445A of NRS is hereby amended by adding

1-2 thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

1-3 Sec. 2. "Capability" has the meaning ascribed to the term

1-4 "capacity" in 42 U.S.C. § 300j-12.

1-5 Sec. 3. "Community water system" means a public water system

1-6 that:

1-7 1. Has at least 15 service connections used by year-round residents

1-8 of the area served by the system; or

1-9 2. Regularly serves at least 25 year-round residents of the area

1-10 served by the system.

2-1 Sec. 4. "Financial capability" means the ability of a public water

2-2 system to:

2-3 1. Pay the costs related to maintenance, operations, depreciation and

2-4 capital expenses;

2-5 2. Maintain creditworthiness; and

2-6 3. Establish and maintain adequate fiscal controls and accounting

2-7 methods required for the operation of the system.

2-8 Sec. 5. "Managerial capability" means the ability of a public water

2-9 system to conduct its administrative affairs in a manner that ensures

2-10 compliance with all applicable standards based on:

2-11 1. The accountability, responsibility and authority of the owner or

2-12 operator of the system;

2-13 2. The personnel and organization of the system; and

2-14 3. The ability of the persons who manage the system to work with:

2-15 (a) Jurisdictional, regulatory and other governmental agencies;

2-16 (b) Trade and industry organizations; and

2-17 (c) The persons served by the system.

2-18 Sec. 6. "Noncommunity water system" means a public water system

2-19 that:

2-20 1. Has at least 15 service connections used by persons who are not

2-21 year-round residents of the area served by the system; or

2-22 2. Has less than 15 service connections used by at least 25 persons

2-23 who are not year-round residents of the area served by the system.

2-24 Sec. 7. "Nontransient water system" means a noncommunity water

2-25 system that regularly serves at least 25 of the same persons for more than

2-26 6 months per year.

2-27 Sec. 8. "Public utility" has the meaning ascribed to it in NRS

2-28 704.020.

2-29 Sec. 9. 1. "Service connection" means:

2-30 (a) The point of connection between a public water system and the

2-31 system used by a customer of the public water system to obtain water

2-32 from that system, at which point the public water system loses its control

2-33 over the use of the water;

2-34 (b) If a meter is installed between a public water system and the

2-35 system used by a customer of the public water system to obtain water

2-36 from that system, the downstream end of the meter or meter assembly; or

2-37 (c) At a park for mobile homes or recreational vehicles, the point of

2-38 connection of the mobile home or recreational vehicle to the riser for

2-39 water service of the public water system that serves the park.

2-40 2. The term does not include a connection to a system that delivers

2-41 water which is exempted pursuant to 42 U.S.C. § 300f(4)(B).

3-1 Sec. 10. "Technical capability" means the ability of a public water

3-2 system to:

3-3 1. Obtain an adequate and reliable source of water that is necessary

3-4 to provide the quantity and quality of water required by the system;

3-5 2. Establish and maintain an adequate infrastructure for the

3-6 treatment, storage and distribution of the quantity and quality of water

3-7 required by the system; and

3-8 3. Employ operators who have the technical knowledge and ability to

3-9 operate the system.

3-10 Sec. 11. "Transient water system" means a noncommunity water

3-11 system that does not regularly serve at least 25 of the same persons for

3-12 more than 6 months per year.

3-13 Sec. 12. NRS 445A.235 is hereby amended to read as follows:

3-14 445A.235 "Public water system" means a system, regardless of

3-15 ownership, that provides the general public with [piped] water for human

3-16 consumption [,] through pipes or other constructed conveyances, if the

3-17 system has 15 or more service connections , as defined in section 9 of this

3-18 act, used by year-round residents of [the state throughout the year] this

3-19 state or regularly serves 25 or more persons for 60 or more days a year.

3-20 The term includes:

3-21 1. A facility for the collection, pumping, treatment, storage or

3-22 distribution of water which is controlled by the operator of the system and

3-23 used primarily in connection with the system; and

3-24 2. A facility for the collection or storage before treatment of water

3-25 which is not controlled by the operator of the system but is used primarily

3-26 in connection with the system.

3-27 Sec. 13. NRS 445A.265 is hereby amended to read as follows:

3-28 445A.265 1. The division shall:

3-29 (a) Use the money in the account for the revolving fund and the account

3-30 for set-aside programs for the purposes set forth in the Safe Drinking

3-31 Water Act.

3-32 (b) Determine whether public water systems which receive money or

3-33 other assistance from the account for the revolving fund or the account for

3-34 set-aside programs comply with the Safe Drinking Water Act and

3-35 regulations adopted pursuant thereto.

3-36 2. The division may:

3-37 (a) Prepare and enter into required agreements with the Federal

3-38 Government for the acceptance of grants of money for the account for the

3-39 revolving fund and the account for set-aside programs.

3-40 (b) Bind itself to terms of the required agreements.

4-1 (c) Accept grants made pursuant to the Safe Drinking Water Act.

4-2 (d) Manage the account for the revolving fund and the account for set-

4-3 aside programs in accordance with the requirements and objectives of the

4-4 Safe Drinking Water Act.

4-5 (e) Provide services relating to management and administration of the

4-6 account for the revolving fund and the account for set-aside programs,

4-7 including the preparation of any agreement, plan or report.

4-8 (f) Perform, or cause to be performed by the Nevada Rural Water

4-9 Association or other persons, agencies or organizations through

4-10 interagency agreement, contract or memorandum of understanding, set-

4-11 aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking

4-12 Water Act.

4-13 3. The division shall not:

4-14 (a) Commit any money in the account for the revolving fund for

4-15 expenditure for the purposes set forth in NRS 445A.275; or

4-16 (b) Establish the priorities for determining which public water systems

4-17 will receive money or other assistance from the account for the revolving

4-18 fund,

4-19 without obtaining the prior approval of the board for financing water

4-20 projects.

4-21 Sec. 14. NRS 445A.805 is hereby amended to read as follows:

4-22 445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and

4-23 sections 2 to 11, inclusive, of this act, unless the context otherwise

4-24 requires, the words and terms defined in NRS 445A.810 to 445A.850,

4-25 inclusive, and sections 2 to 11, inclusive, of this act, have the meanings

4-26 ascribed to them in those sections.

4-27 Sec. 15. NRS 445A.815 is hereby amended to read as follows:

4-28 445A.815 "Federal Act" means the Safe Drinking Water Act , [(] 42

4-29 U.S.C. §§ 300f et seq. [).] , as amended.

4-30 Sec. 16. NRS 445A.840 is hereby amended to read as follows:

4-31 445A.840 "Public water system" [means any system which provides

4-32 the public with piped water for human consumption if the system has 15 or

4-33 more service connections or regularly serves 25 or more persons for 60 or

4-34 more days a year. A public water system includes:

4-35 1. Any collection, treatment, storage and distribution facility under

4-36 control of the operator of the system and used primarily in connection with

4-37 the system; and

4-38 2. Any collection or pretreatment storage facility not under such

4-39 control but used primarily in connection with the system.] has the

4-40 meaning ascribed to it in NRS 445A.235.

5-1 Sec. 17. NRS 445A.860 is hereby amended to read as follows:

5-2 445A.860 In addition to the regulations required to be adopted

5-3 pursuant to NRS 445A.880, the state board of health:

5-4 1. Shall adopt regulations establishing procedures for a system of

5-5 permits to operate water systems which are constructed on or after July 1,

5-6 1991.

5-7 2. May adopt such other regulations as may be necessary to govern the

5-8 construction, operation and maintenance of public water systems if those

5-9 activities affect the quality of water, but the regulations do not supersede

5-10 any regulation of the public utilities commission of Nevada.

5-11 3. May establish by regulation a system for the issuance of operating

5-12 permits for suppliers of water and set a reasonable date after which a

5-13 person shall not operate a public water system constructed before July 1,

5-14 1991, without possessing a permit issued by a health authority.

5-15 4. May adopt such other regulations as may be necessary to ensure

5-16 that a community water system or nontransient water system that

5-17 commences operation on or after October 1, 1999, demonstrates the

5-18 technical capability, managerial capability and financial capability to

5-19 comply with 40 C.F.R. §§ 141.110 and 141.111, but the regulations do

5-20 not supersede any regulation of the public utilities commission of Nevada

5-21 or the authority of the commission or other state agencies or local

5-22 governing bodies to issue permits or certificates of authority for suppliers

5-23 of water.

5-24 5. May adopt such other regulations as may be necessary to evaluate

5-25 the technical capability, managerial capability and financial capability of

5-26 a community water system or nontransient water system that commenced

5-27 operation before October 1, 1999, to comply with 40 C.F.R. §§ 141.110

5-28 and 141.111, but the regulations do not supersede any regulation of the

5-29 public utilities commission of Nevada or the authority of the commission

5-30 or other state agencies or local governing bodies to issue permits or

5-31 certificates of authority for suppliers of water.

5-32 6. May adopt such other regulations as may be necessary to carry out

5-33 the provisions of NRS 445A.800 to 445A.955, inclusive, and sections 2 to

5-34 11, inclusive, of this act.

5-35 Sec. 18. NRS 445A.863 is hereby amended to read as follows:

5-36 445A.863 1. The state board of health shall provide by regulation

5-37 standards for the certification of laboratories for the analysis of water

5-38 pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required

5-39 pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, must

5-40 be performed by a certified laboratory.

5-41 2. The certifying officer shall conduct an evaluation at the site of each

5-42 laboratory to determine whether the laboratory is using the methods of

5-43 analysis required by this section in an acceptable manner, applying

6-1 procedures required by regulation for the control of quality and making

6-2 results available in a timely manner.

6-3 3. For analyses required pursuant to NRS 445A.800 to 445A.955,

6-4 inclusive, or by a lender as a condition precedent to the transfer of real

6-5 property, the methods used must comply with the [Safe Drinking Water

6-6 Act, 42 U.S.C. §§ 300f et seq.] Federal Act.

6-7 4. A laboratory may be certified to perform analyses for the presence

6-8 of one or more specified contaminants, or to perform all analyses required

6-9 pursuant to NRS 445A.800 to 445A.955, inclusive.

6-10 Sec. 19. NRS 445A.870 is hereby amended to read as follows:

6-11 445A.870 1. The state board of health may appoint an advisory

6-12 board to act in an advisory capacity in matters relating to the certification

6-13 of operators of [public] community water systems or noncommunity water

6-14 systems. [Each member of the advisory board must:

6-15 1. Serve without compensation; and

6-16 2. Be a member of the American Water Works Association.]

6-17 2. If such an advisory board is appointed:

6-18 (a) At least one member of the advisory board must be a member of

6-19 the American Water Works Association.

6-20 (b) At least one member of the advisory board must be a member of

6-21 the Nevada Rural Water Association or its successor organization.

6-22 (c) One member of the advisory board may represent the general

6-23 public.

6-24 3. Each member of the advisory board serves without compensation.

6-25 While engaged in the business of the advisory board, each member of the

6-26 advisory board is entitled to receive the per diem allowance and travel

6-27 expenses provided for state officers and employees generally, to the

6-28 extent that money is made available for that purpose.

6-29 Sec. 20. NRS 445A.875 is hereby amended to read as follows:

6-30 445A.875 1. [A] Except as otherwise provided in subsection 2, a

6-31 person shall not act as an operator of a [public] community water system

6-32 or noncommunity water system [which:

6-33 (a) Serves 100 or more persons at places which are intended for

6-34 occupancy throughout the year;

6-35 (b) Is designated by the health division as being supplied by surface

6-36 water; or

6-37 (c) Is designated by the health division as being supplied by ground

6-38 water that is under the direct influence of surface water,] unless he has

6-39 obtained a certificate to operate such a [public] water system from the

6-40 [state board of health.] health division.

6-41 2. An operator of a transient water system is not required to obtain a

6-42 certificate to operate a noncommunity water system if the system is

7-1 designated by the health division as being supplied by ground water that

7-2 is not under the direct influence of surface water.

7-3 3. An operator may be certified to operate more than one [public]

7-4 community water system or noncommunity water system.

7-5 [3. No provision of this section requires that]

7-6 4. This section does not require a certified operator to be on site at a

7-7 [public] community water system or noncommunity water system during

7-8 all hours of operation.

7-9 Sec. 21. NRS 445A.880 is hereby amended to read as follows:

7-10 445A.880 1. The state board of health shall adopt regulations to

7-11 establish:

7-12 (a) A system of classification of operators of [public] community water

7-13 systems and noncommunity water systems who are required to be certified

7-14 pursuant to NRS 445A.875;

7-15 (b) Requirements for certification for each class of operator; [and]

7-16 (c) Reasonable fees for issuing and renewing certificates [.] ; and

7-17 (d) Requirements for continuing education for the renewal of a

7-18 certificate.

7-19 2. The fees so collected must only be used to:

7-20 (a) Defray the cost of issuing and renewing certificates; and

7-21 (b) Pay any expenses incurred by the [state board of] health division in

7-22 carrying out its duties relating to operators of [public] community water

7-23 systems and noncommunity water systems.

7-24 3. The [state board of] health division shall establish and administer

7-25 examinations to determine the eligibility of any person who applies for

7-26 certification. An applicant is entitled to certification upon satisfaction of

7-27 the requirements of the state board of health and payment of the applicable

7-28 fee. The [state board of] health division may enter into a contract with the

7-29 American Water Works Association or another person, organization or

7-30 agency to carry out or assist the [board] health division in carrying out the

7-31 provisions of this subsection.

7-32 4. The [state board of health shall] health division may grant such

7-33 certification, without examination, to an applicant who holds current

7-34 certification by the California/Nevada section of the American Water

7-35 Works Association [.] or by another organization whose requirements for

7-36 certification are equivalent to the requirements for certification

7-37 established by the state board of health pursuant to subsection 1.

7-38 Sec. 22. NRS 445A.915 is hereby amended to read as follows:

7-39 445A.915 [No provision] The provisions of NRS 445A.885 to

7-40 445A.915, inclusive, [prevents:] do not prevent:

7-41 1. A local governing body or a health district from imposing its own

7-42 conditions for approval of the operation of any water system located within

8-1 its jurisdiction, which may be more stringent than those authorized by NRS

8-2 445A.885 to 445A.915, inclusive.

8-3 2. A local governing body from requiring the prior approval of a

8-4 proposed water system by a local committee created for that purpose.

8-5 3. A local governing body from converting service connections to

8-6 water systems into service connections to water systems provided by a

8-7 public utility or a municipality or other public entity.

8-8 Sec. 23. This act becomes effective upon passage and approval.

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