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
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 adding1-2
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 term1-4
"capacity" in 42 U.S.C. § 300j-12.1-5
Sec. 3. "Community water system" means a public water system1-6
that:1-7
1. Has at least 15 service connections used by year-round residents1-8
of the area served by the system; or1-9
2. Regularly serves at least 25 year-round residents of the area1-10
served by the system.2-1
Sec. 4. "Financial capability" means the ability of a public water2-2
system to:2-3
1. Pay the costs related to maintenance, operations, depreciation and2-4
capital expenses;2-5
2. Maintain creditworthiness; and2-6
3. Establish and maintain adequate fiscal controls and accounting2-7
methods required for the operation of the system.2-8
Sec. 5. "Managerial capability" means the ability of a public water2-9
system to conduct its administrative affairs in a manner that ensures2-10
compliance with all applicable standards based on:2-11
1. The accountability, responsibility and authority of the owner or2-12
operator of the system;2-13
2. The personnel and organization of the system; and2-14
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; and2-17
(c) The persons served by the system.2-18
Sec. 6. "Noncommunity water system" means a public water system2-19
that:2-20
1. Has at least 15 service connections used by persons who are not2-21
year-round residents of the area served by the system; or2-22
2. Has less than 15 service connections used by at least 25 persons2-23
who are not year-round residents of the area served by the system.2-24
Sec. 7. "Nontransient water system" means a noncommunity water2-25
system that regularly serves at least 25 of the same persons for more than2-26
6 months per year.2-27
Sec. 8. "Public utility" has the meaning ascribed to it in NRS2-28
704.020.2-29
Sec. 9. 1. "Service connection" means:2-30
(a) The point of connection between a public water system and the2-31
system used by a customer of the public water system to obtain water2-32
from that system, at which point the public water system loses its control2-33
over the use of the water;2-34
(b) If a meter is installed between a public water system and the2-35
system used by a customer of the public water system to obtain water2-36
from that system, the downstream end of the meter or meter assembly; or2-37
(c) At a park for mobile homes or recreational vehicles, the point of2-38
connection of the mobile home or recreational vehicle to the riser for2-39
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 delivers2-41
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 water3-2
system to:3-3
1. Obtain an adequate and reliable source of water that is necessary3-4
to provide the quantity and quality of water required by the system;3-5
2. Establish and maintain an adequate infrastructure for the3-6
treatment, storage and distribution of the quantity and quality of water3-7
required by the system; and3-8
3. Employ operators who have the technical knowledge and ability to3-9
operate the system.3-10
Sec. 11. "Transient water system" means a noncommunity water3-11
system that does not regularly serve at least 25 of the same persons for3-12
more than 6 months per year.3-13
Sec. 12. NRS 445A.235 is hereby amended to read as follows: 445A.235 "Public water system" means a system, regardless of3-15
ownership, that provides the general public with3-16
consumption3-17
system has 15 or more service connections , as defined in section 9 of this3-18
act, used by year-round residents of3-19
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 or3-22
distribution of water which is controlled by the operator of the system and3-23
used primarily in connection with the system; and3-24
2. A facility for the collection or storage before treatment of water3-25
which is not controlled by the operator of the system but is used primarily3-26
in connection with the system.3-27
Sec. 13. NRS 445A.265 is hereby amended to read as follows: 445A.265 1. The division shall:3-29
(a) Use the money in the account for the revolving fund and the account3-30
for set-aside programs for the purposes set forth in the Safe Drinking3-31
Water Act.3-32
(b) Determine whether public water systems which receive money or3-33
other assistance from the account for the revolving fund or the account for3-34
set-aside programs comply with the Safe Drinking Water Act and3-35
regulations adopted pursuant thereto.3-36
2. The division may:3-37
(a) Prepare and enter into required agreements with the Federal3-38
Government for the acceptance of grants of money for the account for the3-39
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 the4-4
Safe Drinking Water Act.4-5
(e) Provide services relating to management and administration of the4-6
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 Water4-9
Association or other persons, agencies or organizations through4-10
interagency agreement, contract or memorandum of understanding, set-4-11
aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking4-12
Water Act.4-13
3. The division shall not:4-14
(a) Commit any money in the account for the revolving fund for4-15
expenditure for the purposes set forth in NRS 445A.275; or4-16
(b) Establish the priorities for determining which public water systems4-17
will receive money or other assistance from the account for the revolving4-18
fund,4-19
without obtaining the prior approval of the board for financing water4-20
projects.4-21
Sec. 14. NRS 445A.805 is hereby amended to read as follows: 445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and4-23
sections 2 to 11, inclusive, of this act, unless the context otherwise4-24
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 meanings4-26
ascribed to them in those sections.4-27
Sec. 15. NRS 445A.815 is hereby amended to read as follows: 445A.815 "Federal Act" means the Safe Drinking Water Act ,4-29
U.S.C. §§ 300f et seq.4-30
Sec. 16. NRS 445A.840 is hereby amended to read as follows: 445A.840 "Public water system"4-32
4-33
4-34
4-35
4-36
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4-38
4-39
4-40
meaning ascribed to it in NRS 445A.235.5-1
Sec. 17. NRS 445A.860 is hereby amended to read as follows: 445A.860 In addition to the regulations required to be adopted5-3
pursuant to NRS 445A.880, the state board of health:5-4
1. Shall adopt regulations establishing procedures for a system of5-5
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 the5-8
construction, operation and maintenance of public water systems if those5-9
activities affect the quality of water, but the regulations do not supersede5-10
any regulation of the public utilities commission of Nevada.5-11
3. May establish by regulation a system for the issuance of operating5-12
permits for suppliers of water and set a reasonable date after which a5-13
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 ensure5-16
that a community water system or nontransient water system that5-17
commences operation on or after October 1, 1999, demonstrates the5-18
technical capability, managerial capability and financial capability to5-19
comply with 40 C.F.R. §§ 141.110 and 141.111, but the regulations do5-20
not supersede any regulation of the public utilities commission of Nevada5-21
or the authority of the commission or other state agencies or local5-22
governing bodies to issue permits or certificates of authority for suppliers5-23
of water.5-24
5. May adopt such other regulations as may be necessary to evaluate5-25
the technical capability, managerial capability and financial capability of5-26
a community water system or nontransient water system that commenced5-27
operation before October 1, 1999, to comply with 40 C.F.R. §§ 141.1105-28
and 141.111, but the regulations do not supersede any regulation of the5-29
public utilities commission of Nevada or the authority of the commission5-30
or other state agencies or local governing bodies to issue permits or5-31
certificates of authority for suppliers of water.5-32
6. May adopt such other regulations as may be necessary to carry out5-33
the provisions of NRS 445A.800 to 445A.955, inclusive, and sections 2 to5-34
11, inclusive, of this act.5-35
Sec. 18. NRS 445A.863 is hereby amended to read as follows: 445A.863 1. The state board of health shall provide by regulation5-37
standards for the certification of laboratories for the analysis of water5-38
pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required5-39
pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, must5-40
be performed by a certified laboratory.5-41
2. The certifying officer shall conduct an evaluation at the site of each5-42
laboratory to determine whether the laboratory is using the methods of5-43
analysis required by this section in an acceptable manner, applying6-1
procedures required by regulation for the control of quality and making6-2
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 real6-5
property, the methods used must comply with the6-6
6-7
4. A laboratory may be certified to perform analyses for the presence6-8
of one or more specified contaminants, or to perform all analyses required6-9
pursuant to NRS 445A.800 to 445A.955, inclusive.6-10
Sec. 19. NRS 445A.870 is hereby amended to read as follows: 445A.870 1. The state board of health may appoint an advisory6-12
board to act in an advisory capacity in matters relating to the certification6-13
of operators of6-14
systems.6-15
6-16
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 of6-19
the American Water Works Association.6-20
(b) At least one member of the advisory board must be a member of6-21
the Nevada Rural Water Association or its successor organization.6-22
(c) One member of the advisory board may represent the general6-23
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 the6-26
advisory board is entitled to receive the per diem allowance and travel6-27
expenses provided for state officers and employees generally, to the6-28
extent that money is made available for that purpose.6-29
Sec. 20. NRS 445A.875 is hereby amended to read as follows: 445A.875 1.6-31
person shall not act as an operator of a6-32
or noncommunity water system6-33
6-34
6-35
6-36
6-37
6-38
6-39
obtained a certificate to operate such a6-40
6-41
2. An operator of a transient water system is not required to obtain a6-42
certificate to operate a noncommunity water system if the system is7-1
designated by the health division as being supplied by ground water that7-2
is not under the direct influence of surface water.7-3
3. An operator may be certified to operate more than one7-4
community water system or noncommunity water system.7-5
7-6
4. This section does not require a certified operator to be on site at a7-7
7-8
all hours of operation.7-9
Sec. 21. NRS 445A.880 is hereby amended to read as follows: 445A.880 1. The state board of health shall adopt regulations to7-11
establish:7-12
(a) A system of classification of operators of7-13
systems and noncommunity water systems who are required to be certified7-14
pursuant to NRS 445A.875;7-15
(b) Requirements for certification for each class of operator;7-16
(c) Reasonable fees for issuing and renewing certificates7-17
(d) Requirements for continuing education for the renewal of a7-18
certificate.7-19
2. The fees so collected must only be used to:7-20
(a) Defray the cost of issuing and renewing certificates; and7-21
(b) Pay any expenses incurred by the7-22
carrying out its duties relating to operators of7-23
systems and noncommunity water systems.7-24
3. The7-25
examinations to determine the eligibility of any person who applies for7-26
certification. An applicant is entitled to certification upon satisfaction of7-27
the requirements of the state board of health and payment of the applicable7-28
fee. The7-29
American Water Works Association or another person, organization or7-30
agency to carry out or assist the7-31
provisions of this subsection.7-32
4. The7-33
certification, without examination, to an applicant who holds current7-34
certification by the California/Nevada section of the American Water7-35
Works Association7-36
certification are equivalent to the requirements for certification7-37
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: 445A.9157-40
445A.915, inclusive,7-41
1. A local governing body or a health district from imposing its own7-42
conditions for approval of the operation of any water system located within8-1
its jurisdiction, which may be more stringent than those authorized by NRS8-2
445A.885 to 445A.915, inclusive.8-3
2. A local governing body from requiring the prior approval of a8-4
proposed water system by a local committee created for that purpose.8-5
3. A local governing body from converting service connections to8-6
water systems into service connections to water systems provided by a8-7
public utility or a municipality or other public entity.8-8
Sec. 23. This act becomes effective upon passage and approval.~