Assembly Bill No. 284–Assemblymen Giunchigliani, Arberry, Parks, Bache, Williams, de Braga, Collins, Perkins, Buckley, Manendo, Lee, Evans, Anderson, McClain, Koivisto, Tiffany, Freeman, Parnell, Ohrenschall, Von Tobel, Price, Gibbons, Neighbors, Goldwater, Thomas, Carpenter, Segerblom, Leslie, Brower, Nolan, Beers, Mortenson and Claborn
February 19, 1999
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Joint Sponsors: Senators Rawson, Coffin, Titus, Jacobsen, Amodei, Care, Carlton, Mathews, Neal, Schneider, Shaffer and Wiener
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Referred to Committee on Health and Human Services
SUMMARY—Makes various changes concerning fluoridation of water. (BDR 40-284)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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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 and 3 of this act.1-3
Sec. 2. 1. The state board of health shall adopt regulations1-4
requiring the fluoridation of each public water system in a county whose1-5
population is 100,000 or more.2-1
2. The regulations must include, without limitation:2-2
(a) The minimum and maximum permissible concentrations of2-3
fluoride to be maintained in such public water systems, except that:2-4
(1) The minimum permissible concentration of fluoride must not be2-5
less than 0.7 parts per million; and2-6
(2) The maximum permissible concentration of fluoride must not2-7
exceed 1.2 parts per million;2-8
(b) The requirements and procedures for maintaining proper2-9
concentrations of fluoride, including any necessary equipment, testing,2-10
recordkeeping and reporting;2-11
(c) Requirements for the addition of fluoride to such a public water2-12
system if the natural concentration of fluorides in that system is lower2-13
than the minimum permissible concentration established pursuant to2-14
paragraph (a); and2-15
(d) Criteria pursuant to which the state board of health may exempt a2-16
public water system from the requirement of fluoridation upon the2-17
request of the public water system.2-18
3. The state board of health shall not require the fluoridation of a2-19
public water system if the natural water supply of the system contains2-20
fluoride in a concentration that is at least equal to the minimum2-21
permissible concentration established pursuant to paragraph (a) of2-22
subsection 2.2-23
4. The state board of health may make an exception to the minimum2-24
permissible concentration of fluoride to be maintained in a public water2-25
system based on:2-26
(a) The climate of the regulated area;2-27
(b) The amount of processed water purchased by the residents of the2-28
regulated area; and2-29
(c) Any other factor that influences the amount of public water that is2-30
consumed by the residents of the regulated area.2-31
5. The health division of the department of human resources shall2-32
make reasonable efforts to secure any available sources of financial2-33
support, including, without limitation, grants from the Federal2-34
Government, for the enforcement of the standards established pursuant2-35
to this section and any related capital improvements.2-36
6. A public water system may submit to the health division a claim2-37
for payment of the initial costs of the public water system to begin2-38
complying with the provisions of this section. The administrator of the2-39
health division may approve such claims to the extent of legislative2-40
appropriations and any other money available for that purpose.2-41
Approved claims must be paid as other claims against the state are paid.3-1
The ongoing operational expenses of a public water system in complying3-2
with the provisions of this section are not compensable pursuant to this3-3
subsection.3-4
7. A supplier of water who fails to maintain the concentrations of3-5
fluoride in a public water system within the limits of the minimum and3-6
maximum permissible concentrations established in the regulations of3-7
the state board of health adopted pursuant to this section is guilty of a3-8
misdemeanor.3-9
8. As used in this section, "public water system" and "supplier of3-10
water" have the meanings ascribed to them in NRS 445A.840 and3-11
445A.845, respectively.3-12
Sec. 3. The provisions of NRS 445A.025 to 445A.050, inclusive,3-13
apply only in a county whose population is less than 100,000.3-14
Sec. 4. NRS 232.320 is hereby amended to read as follows: 232.320 1. Except as otherwise provided in subsection 2, the3-16
director:3-17
(a) Shall appoint, with the consent of the governor, chiefs of the3-18
divisions of the department, who are respectively designated as follows:3-19
(1) The administrator of the aging services division;3-20
(2) The administrator of the health division;3-21
(3) The state welfare administrator; and3-22
(4) The administrator of the division of child and family services.3-23
(b) Shall administer, through the divisions of the department, the3-24
provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive,3-25
446, 447, 449 and 450 of NRS, NRS 127.220 to 127.310, inclusive,3-26
422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive, 444.003 to3-27
444.430, inclusive, and 445A.010 to 445A.050, inclusive, and sections 23-28
and 3 of this act, and all other provisions of law relating to the functions of3-29
the divisions of the department, but is not responsible for the clinical3-30
activities of the health division or the professional line activities of the3-31
other divisions.3-32
(c) Shall, after considering advice from agencies of local governments3-33
and nonprofit organizations which provide social services, adopt a master3-34
plan for the provision of human services in this state. The director shall3-35
revise the plan biennially and deliver a copy of the plan to the governor3-36
and the legislature at the beginning of each regular session. The plan must:3-37
(1) Identify and assess the plans and programs of the department for3-38
the provision of human services, and any duplication of those services by3-39
federal, state and local agencies;3-40
(2) Set forth priorities for the provision of those services;3-41
(3) Provide for communication and the coordination of those services3-42
among nonprofit organizations, agencies of local government, the state and3-43
the Federal Government;4-1
(4) Identify the sources of funding for services provided by the4-2
department and the allocation of that funding;4-3
(5) Set forth sufficient information to assist the department in4-4
providing those services and in the planning and budgeting for the future4-5
provision of those services; and4-6
(6) Contain4-7
department to communicate effectively with the Federal Government4-8
concerning demographic trends, formulas for the distribution of federal4-9
money and any need for the modification of programs administered by the4-10
department.4-11
(d) May, by regulation, require nonprofit organizations and state and4-12
local governmental agencies to provide information to him regarding the4-13
programs of those organizations and agencies, excluding detailed4-14
information relating to their budgets and payrolls, which he deems4-15
necessary for his performance of the duties imposed upon him pursuant to4-16
this section.4-17
(e) Has such other powers and duties as are provided by law.4-18
2. The governor shall appoint the administrator of the mental hygiene4-19
and mental retardation division.4-20
Sec. 5. The amendatory provisions of this act do not apply to offenses4-21
that were committed before October 1, 1999.4-22
Sec. 6. 1. This section becomes effective upon passage and4-23
approval.4-24
2. Section 2 of this act becomes effective upon passage and approval4-25
for the purpose of adopting regulations and on October 1, 1999, for all4-26
other purposes.4-27
3. Sections 1, 3, 4 and 5 of this act become effective on October 1,4-28
1999.~