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—Revises provisions relating to 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; increasing the amount of general obligation bonds that the state board of finance may issue to provide the grants; 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

2-1 (b) Transfer and connection of a public water system to a system owned

2-2 by a purveyor of water or a public utility.

2-3 4. "Fund" means the fund for grants [to certain purveyors of water.]

2-4 for water conservation and capital improvements to certain water

2-5 systems.

2-6 5. "Nontransient water system" means a public water system that

2-7 regularly serves 25 or more of the same persons for more than 6 months

2-8 per year, but which is not a community water system.

2-9 6. "Public water system" has the meaning ascribed to it in NRS

2-10 445A.840.

2-11 7. "Purveyor of water" means a political subdivision of this state

2-12 engaged in the business of furnishing water, for compensation, to persons

2-13 within the political subdivision.

2-14 Sec. 2. NRS 349.981 is hereby amended to read as follows:

2-15 349.981 1. There is hereby established a program to provide grants

2-16 of money to [purveyors] :

2-17 (a) A purveyor of water to pay for costs of capital improvements to

2-18 publicly owned community water systems and publicly owned

2-19 nontransient water systems required or made necessary by the state board

2-20 of health pursuant to NRS 445A.800 to 445A.955, inclusive, or made

2-21 necessary by the Safe Drinking Water Act , [(] 42 U.S.C. §§ 300f et seq. ,

2-22 [)] and the regulations adopted pursuant thereto.

2-23 (b) An eligible recipient to pay for the cost of improvements to

2-24 conserve water, including, without limitation:

2-25 (1) Piping or lining of an irrigation canal;

2-26 (2) Recovery or recycling of wastewater or tailwater;

2-27 (3) Scheduling of irrigation;

2-28 (4) Measurement or metering of the use of water;

2-29 (5) Improving the efficiency of irrigation operations; and

2-30 (6) Improving the efficiency of the operation of a facility for the

2-31 storage of water, including, without limitation, efficiency in diverting

2-32 water to such a facility.

2-33 2. Except as otherwise provided in NRS 349.983, the determination

2-34 of who is to receive a grant is solely within the discretion of the board.

2-35 3. As used in this section, "eligible recipient" means:

2-36 (a) A political subdivision of this state, including, without limitation, a

2-37 city, county, irrigation district, water district or water conservancy

2-38 district; or

2-39 (b) An Indian tribal organization, nonprofit organization or lending

2-40 institution.

2-41 Sec. 3. NRS 349.982 is hereby amended to read as follows:

2-42 349.982 1. The board shall administer the program and shall adopt

2-43 regulations necessary for that purpose.

3-1 2. The regulations must provide such requirements for participation in

3-2 the program as the board deems necessary.

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

3-4 the costs of administering the fund and the expenses of the board in

3-5 administering the program.

3-6 4. The board may, by regulation, impose an administrative fee which

3-7 must be collected from each recipient of a grant from the fund. If such a

3-8 fee is imposed, all revenue derived from the fee must be used to defray , in

3-9 whole or in part, the costs of administering the fund and the expenses of

3-10 the board in administering the program.

3-11 Sec. 4. NRS 349.983 is hereby amended to read as follows:

3-12 349.983 1. Grants may be made [to purveyors of water under the

3-13 program] pursuant to paragraph (a) of subsection 1 of NRS 349.981 only

3-14 for those community and nontransient water systems that:

3-15 (a) Were in existence on January 1, 1995; and

3-16 (b) Are currently publicly owned.

3-17 2. In making its determination of which purveyors of water are to

3-18 receive grants [,] pursuant to paragraph (a) of subsection 1 of NRS

3-19 349.981, the board shall give preference to those purveyors of water whose

3-20 public water systems regularly serve fewer than 6,000 persons.

3-21 3. Each recipient of a grant pursuant to paragraph (a) of subsection 1

3-22 of NRS 349.981 shall provide an amount of money for the same purpose.

3-23 The board shall develop a scale to be used to determine that amount, but

3-24 the recipient must not be required to provide an amount less than 15

3-25 percent or more than 75 percent of the amount of the grant. The scale must

3-26 be based upon the average household income of the customers of the

3-27 recipient, and provide adjustments for the demonstrated economic hardship

3-28 of those customers, the existence of an imminent risk to public health and

3-29 any other factor that the board determines to be relevant.

3-30 [4. Except as otherwise provided in subsections 1 and 2, the

3-31 determination of which purveyors of water are to receive grants is solely

3-32 within the discretion of the board.]

3-33 Sec. 5. NRS 349.984 is hereby amended to read as follows:

3-34 349.984 1. The fund for grants [to certain purveyors of water] for

3-35 water conservation and capital improvements to certain water systems is

3-36 hereby created.

3-37 2. Except as otherwise provided by [subsection] subsections 3 and 4

3-38 of NRS 349.982, the money in the fund must be used only to make grants

3-39 in furtherance of the program.

3-40 3. All claims against the fund must be paid as other claims against the

3-41 state are paid.

4-1 Sec. 6. NRS 349.986 is hereby amended to read as follows:

4-2 349.986 The state board of finance shall issue general obligation

4-3 bonds of the State of Nevada in the face amount of not more than

4-4 [$40,000,000] $50,000,000 to support the purposes of the program. The

4-5 net proceeds from the sale of the bonds must be deposited in the fund. The

4-6 bonds must be redeemed through the consolidated bond interest and

4-7 redemption fund.

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