Assembly Bill No. 134–Committee on Natural Resources, Agriculture, and Mining
(On Behalf of Health Division)
February 4, 1999
____________
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 adding thereto1-2
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. §§ 300g-9 and 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 is not a community water system.2-20
Sec. 7. "Nontransient water system" means a noncommunity water2-21
system that regularly serves at least 25 of the same persons for more than2-22
6 months per year.2-23
Sec. 8. "Public utility" has the meaning ascribed to it in NRS2-24
704.020.2-25
Sec. 9. 1. "Service connection" means:2-26
(a) The point of connection between a public water system and the2-27
system used by a customer of the public water system to obtain water2-28
from that system, at which point the public water system loses its control2-29
over the use of the water;2-30
(b) If a meter is installed 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, the downstream end of the meter or meter assembly; or2-33
(c) At a park for mobile homes or recreational vehicles, the point of2-34
connection of the mobile home or recreational vehicle to the riser for2-35
water service of the public water system that serves the park.2-36
2. The term does not include a connection to a system that delivers2-37
water which is exempted pursuant to 42 U.S.C. § 300f(4)(B).2-38
Sec. 10. "Technical capability" means the ability of a public water2-39
system to:2-40
1. Obtain an adequate and reliable source of water that is necessary2-41
to provide the quantity and quality of water required by the system;3-1
2. Establish and maintain an adequate infrastructure for the3-2
treatment, storage and distribution of the quantity and quality of water3-3
required by the system; and3-4
3. Employ operators who have the technical knowledge and ability to3-5
operate the system.3-6
Sec. 11. "Transient water system" means a noncommunity water3-7
system that does not regularly serve at least 25 of the same persons for3-8
more than 6 months per year.3-9
Sec. 12. NRS 445A.235 is hereby amended to read as follows: 445A.235 "Public water system" means a system, regardless of3-11
ownership, that provides the3-12
consumption3-13
system has 15 or more service connections , as defined in section 9 of this3-14
act,3-15
25 or more persons .3-16
1. A facility for the collection, pumping, treatment, storage or3-17
distribution of water which is controlled by the operator of the system and3-18
used primarily in connection with the system; and3-19
2. A facility for the collection or storage before treatment of water3-20
which is not controlled by the operator of the system but is used primarily3-21
in connection with the system.3-22
Sec. 13. NRS 445A.265 is hereby amended to read as follows: 445A.265 1. The division shall:3-24
(a) Use the money in the account for the revolving fund and the account3-25
for set-aside programs for the purposes set forth in the Safe Drinking Water3-26
Act.3-27
(b) Determine whether public water systems which receive money or3-28
other assistance from the account for the revolving fund or the account for3-29
set-aside programs comply with the Safe Drinking Water Act and3-30
regulations adopted pursuant thereto.3-31
2. The division may:3-32
(a) Prepare and enter into required agreements with the Federal3-33
Government for the acceptance of grants of money for the account for the3-34
revolving fund and the account for set-aside programs.3-35
(b) Bind itself to terms of the required agreements.3-36
(c) Accept grants made pursuant to the Safe Drinking Water Act.3-37
(d) Manage the account for the revolving fund and the account for set-3-38
aside programs in accordance with the requirements and objectives of the3-39
Safe Drinking Water Act.3-40
(e) Provide services relating to management and administration of the3-41
account for the revolving fund and the account for set-aside programs,3-42
including the preparation of any agreement, plan or report.4-1
(f) Perform, or cause to be performed by the Nevada Rural Water4-2
Association or other persons, agencies or organizations through4-3
interagency agreement, contract or memorandum of understanding, set-4-4
aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water4-5
Act.4-6
3. The division shall not:4-7
(a) Commit any money in the account for the revolving fund for4-8
expenditure for the purposes set forth in NRS 445A.275; or4-9
(b) Establish the priorities for determining which public water systems4-10
will receive money or other assistance from the account for the revolving4-11
fund,4-12
without obtaining the prior approval of the board for financing water4-13
projects.4-14
Sec. 14. NRS 445A.805 is hereby amended to read as follows: 445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and4-16
sections 2 to 11, inclusive, of this act, unless the context otherwise4-17
requires, the words and terms defined in NRS 445A.810 to 445A.850,4-18
inclusive, and sections 2 to 11, inclusive, of this act, have the meanings4-19
ascribed to them in those sections.4-20
Sec. 15. NRS 445A.815 is hereby amended to read as follows: 445A.815 "Federal Act" means the Safe Drinking Water Act ,4-22
U.S.C. §§ 300f et seq.4-23
Sec. 16. NRS 445A.840 is hereby amended to read as follows: 445A.840 "Public water system"4-25
4-26
4-27
4-28
4-29
4-30
4-31
4-32
4-33
ascribed to it in NRS 445A.235.4-34
Sec. 17. NRS 445A.860 is hereby amended to read as follows: 445A.860 In addition to the regulations required to be adopted4-36
pursuant to NRS 445A.880, the state board of health:4-37
1. Shall adopt regulations establishing procedures for a system of4-38
permits to operate water systems which are constructed on or after July 1,4-39
1991.4-40
2. May adopt such other regulations as may be necessary to govern the4-41
construction, operation and maintenance of public water systems if those4-42
activities affect the quality of water, but the regulations do not supersede4-43
any regulation of the public utilities commission of Nevada.5-1
3. May establish by regulation a system for the issuance of operating5-2
permits for suppliers of water and set a reasonable date after which a5-3
person shall not operate a public water system constructed before July 1,5-4
1991, without possessing a permit issued by a health authority.5-5
4. May adopt such other regulations as may be necessary to ensure5-6
that a community water system or nontransient water system that5-7
commences operation on or after October 1, 1999, demonstrates the5-8
technical capability, managerial capability and financial capability to5-9
comply with 40 C.F.R. Part 141, but the regulations do not supersede any5-10
regulation of the public utilities commission of Nevada or the authority5-11
of the commission or other state agencies or local governing bodies to5-12
issue permits or certificates of authority for suppliers of water.5-13
5. May adopt such other regulations as may be necessary to evaluate5-14
the technical capability, managerial capability and financial capability of5-15
a community water system or nontransient water system that commenced5-16
operation before October 1, 1999, to comply with 40 C.F.R. Part 141, but5-17
the regulations do not supersede any regulation of the public utilities5-18
commission of Nevada or the authority of the commission or other state5-19
agencies or local governing bodies to issue permits or certificates of5-20
authority for suppliers of water.5-21
6. May adopt such other regulations as may be necessary to carry out5-22
the provisions of NRS 445A.800 to 445A.955, inclusive, and sections 2 to5-23
11, inclusive, of this act.5-24
Sec. 18. NRS 445A.863 is hereby amended to read as follows: 445A.863 1. The state board of health shall provide by regulation5-26
standards for the certification of laboratories for the analysis of water5-27
pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required5-28
pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, must5-29
be performed by a certified laboratory.5-30
2. The certifying officer shall conduct an evaluation at the site of each5-31
laboratory to determine whether the laboratory is using the methods of5-32
analysis required by this section in an acceptable manner, applying5-33
procedures required by regulation for the control of quality and making5-34
results available in a timely manner.5-35
3. For analyses required pursuant to NRS 445A.800 to 445A.955,5-36
inclusive, or by a lender as a condition precedent to the transfer of real5-37
property, the methods used must comply with the5-38
5-39
4. A laboratory may be certified to perform analyses for the presence5-40
of one or more specified contaminants, or to perform all analyses required5-41
pursuant to NRS 445A.800 to 445A.955, inclusive.6-1
Sec. 19. NRS 445A.870 is hereby amended to read as follows: 445A.870 1. The state board of health may appoint an advisory board6-3
to act in an advisory capacity in matters relating to the certification of6-4
operators of6-5
systems.6-6
6-7
6-8
2. If such an advisory board is appointed:6-9
(a) At least one member of the advisory board must be a member of6-10
the American Water Works Association.6-11
(b) At least one member of the advisory board must be a member of6-12
the Nevada Rural Water Association or its successor organization.6-13
(c) One member of the advisory board may represent the general6-14
public.6-15
3. Each member of the advisory board serves without compensation.6-16
While engaged in the business of the advisory board, each member of the6-17
advisory board is entitled to receive the per diem allowance and travel6-18
expenses provided for state officers and employees generally, to the6-19
extent that money is made available for that purpose.6-20
Sec. 20. NRS 445A.875 is hereby amended to read as follows: 445A.875 1.6-22
person shall not act as an operator of a6-23
or noncommunity water system6-24
6-25
6-26
6-27
6-28
6-29
6-30
obtained a certificate to operate such a6-31
6-32
2. An operator of a transient water system is not required to obtain a6-33
certificate to operate a noncommunity water system if the system is6-34
designated by the health division as being supplied by ground water that6-35
is not under the direct influence of surface water.6-36
3. An operator may be certified to operate more than one6-37
community water system or noncommunity water system.6-38
6-39
4. This section does not require a certified operator to be on site at a6-40
6-41
all hours of operation.7-1
Sec. 21. NRS 445A.880 is hereby amended to read as follows: 445A.880 1. The state board of health shall adopt regulations to7-3
establish:7-4
(a) A system of classification of operators of7-5
systems and noncommunity water systems who are required to be certified7-6
pursuant to NRS 445A.875;7-7
(b) Requirements for certification for each class of operator;7-8
(c) Reasonable fees for issuing and renewing certificates7-9
(d) Requirements for continuing education for the renewal of a7-10
certificate.7-11
2. The fees so collected must only be used to:7-12
(a) Defray the cost of issuing and renewing certificates; and7-13
(b) Pay any expenses incurred by the7-14
carrying out its duties relating to operators of7-15
systems and noncommunity water systems.7-16
3. The7-17
examinations to determine the eligibility of any person who applies for7-18
certification. An applicant is entitled to certification upon satisfaction of the7-19
requirements of the state board of health and payment of the applicable fee.7-20
The7-21
American Water Works Association or another person, organization or7-22
agency to carry out or assist the7-23
provisions of this subsection.7-24
4. The7-25
certification, without examination, to an applicant who holds current7-26
certification by the California/Nevada section of the American Water7-27
Works Association7-28
certification are equivalent to the requirements for certification7-29
established by the state board of health pursuant to subsection 1.7-30
Sec. 22. NRS 445A.915 is hereby amended to read as follows: 445A.9157-32
445A.915, inclusive,7-33
1. A local governing body or a health district from imposing its own7-34
conditions for approval of the operation of any water system located within7-35
its jurisdiction, which may be more stringent than those authorized by NRS7-36
445A.885 to 445A.915, inclusive.7-37
2. A local governing body from requiring the prior approval of a7-38
proposed water system by a local committee created for that purpose.7-39
3. A local governing body from converting service connections to7-40
water systems into service connections to water systems provided by a7-41
public utility or a municipality or other public entity.8-1
Sec. 23. This act becomes effective upon passage and approval.~