Assembly Bill No. 237–Assemblymen Dini, de Braga and Hettrick

February 15, 1999

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Joint Sponsors: Senators Amodei, McGinness and Jacobsen

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Referred to Committee on Government Affairs

 

SUMMARY—Authorizes grants for certain improvements to conserve water. (BDR 30-951)

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 water; authorizing grants for certain improvements to conserve water; 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. NRS 349.980 is hereby amended to read as follows:

1-2 349.980 As used in NRS 349.980 to 349.987, inclusive, unless the

1-3 context otherwise requires:

1-4 1. "Board" means the board for financing water projects created

1-5 pursuant to NRS 349.957.

1-6 2. "Community water system" means a public water system which:

1-7 (a) Has 15 or more service connections; or

1-8 (b) Serves 25 or more persons,

1-9 at places which are intended for year-round occupancy.

1-10 3. "Costs of capital improvements to community water systems and

1-11 nontransient water systems" means the costs traditionally associated with

1-12 capital improvements to such systems and includes costs associated with

1-13 the:

1-14 (a) Consolidation of existing systems; and

1-15 (b) Transfer and connection of a public water system to a system owned

1-16 by a purveyor of water or a public utility.

2-1 4. "Fund" means the fund for grants [to certain purveyors of water.]

2-2 for water conservation and capital improvements to certain water

2-3 systems.

2-4 5. "Nontransient water system" means a public water system that

2-5 regularly serves 25 or more of the same persons for more than 6 months

2-6 per year, but which is not a community water system.

2-7 6. "Public water system" has the meaning ascribed to it in NRS

2-8 445A.840.

2-9 7. "Purveyor of water" means a political subdivision of this state

2-10 engaged in the business of furnishing water, for compensation, to persons

2-11 within the political subdivision.

2-12 Sec. 2. NRS 349.981 is hereby amended to read as follows:

2-13 349.981 1. There is hereby established a program to provide grants

2-14 of money to [purveyors] :

2-15 (a) A purveyor of water to pay for costs of capital improvements to

2-16 publicly owned community water systems and publicly owned

2-17 nontransient water systems required or made necessary by the state board

2-18 of health pursuant to NRS 445A.800 to 445A.955, inclusive, or made

2-19 necessary by the Safe Drinking Water Act , [(] 42 U.S.C. §§ 300f et seq. ,

2-20 [)] and the regulations adopted pursuant thereto.

2-21 (b) An eligible recipient to pay for the cost of improvements to

2-22 conserve water, including, without limitation:

2-23 (1) Piping or lining of an irrigation canal;

2-24 (2) Recovery or recycling of wastewater or tailwater;

2-25 (3) Scheduling of irrigation;

2-26 (4) Measurement or metering of the use of water; and

2-27 (5) Improving the efficiency of irrigation.

2-28 2. Except as otherwise provided in NRS 349.983, the determination

2-29 of who is to receive a grant is solely within the discretion of the board.

2-30 3. As used in this section, "eligible recipient" means:

2-31 (a) A political subdivision of this state, including, without limitation, a

2-32 city, county, irrigation district, water district or water conservancy

2-33 district; or

2-34 (b) An Indian tribal organization, nonprofit organization or lending

2-35 institution.

2-36 Sec. 3. NRS 349.982 is hereby amended to read as follows:

2-37 349.982 1. The board shall administer the program and shall adopt

2-38 regulations necessary for that purpose.

2-39 2. The regulations must provide such requirements for participation in

2-40 the program as the board deems necessary.

2-41 3. The money in the fund may be used to defray, in whole or in part,

2-42 the costs of administering the fund and the expenses of the board in

2-43 administering the program.

3-1 4. The board may, by regulation, impose an administrative fee which

3-2 must be collected from each recipient of a grant from the fund. If such a

3-3 fee is imposed, all revenue derived from the fee must be used to defray , in

3-4 whole or in part, the costs of administering the fund and the expenses of

3-5 the board in administering the program.

3-6 Sec. 4. NRS 349.983 is hereby amended to read as follows:

3-7 349.983 1. Grants may be made [to purveyors of water under the

3-8 program] pursuant to paragraph (a) of subsection 1 of NRS 349.981 only

3-9 for those community and nontransient water systems that:

3-10 (a) Were in existence on January 1, 1995; and

3-11 (b) Are currently publicly owned.

3-12 2. In making its determination of which purveyors of water are to

3-13 receive grants [,] pursuant to paragraph (a) of subsection 1 of NRS

3-14 349.981, the board shall give preference to those purveyors of water whose

3-15 public water systems regularly serve fewer than 6,000 persons.

3-16 3. Each recipient of a grant pursuant to paragraph (a) of subsection 1

3-17 of NRS 349.981 shall provide an amount of money for the same purpose.

3-18 The board shall develop a scale to be used to determine that amount, but

3-19 the recipient must not be required to provide an amount less than 15

3-20 percent or more than 75 percent of the amount of the grant. The scale must

3-21 be based upon the average household income of the customers of the

3-22 recipient, and provide adjustments for the demonstrated economic hardship

3-23 of those customers, the existence of an imminent risk to public health and

3-24 any other factor that the board determines to be relevant.

3-25 [4. Except as otherwise provided in subsections 1 and 2, the

3-26 determination of which purveyors of water are to receive grants is solely

3-27 within the discretion of the board.]

3-28 Sec. 5. NRS 349.984 is hereby amended to read as follows:

3-29 349.984 1. The fund for grants [to certain purveyors of water] for

3-30 water conservation and capital improvements to certain water systems is

3-31 hereby created.

3-32 2. Except as otherwise provided by [subsection] subsections 3 and 4

3-33 of NRS 349.982, the money in the fund must be used only to make grants

3-34 in furtherance of the program.

3-35 3. All claims against the fund must be paid as other claims against the

3-36 state are paid.

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