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).

1-1 Section 1. Chapter 445A of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. As used in NRS 445A.010 to 445A.050, inclusive, this section

1-4 and section 3 of this act, unless the context otherwise requires, "public

1-5 water system" has the meaning ascribed to it in NRS 445A.840.

2-1 Sec. 3. 1. The state board of health shall adopt regulations

2-2 requiring the fluoridation of each public water system that serves a

2-3 population of 100,000 or more.

2-4 2. The regulations must include, without limitation:

2-5 (a) The minimum and maximum permissible concentrations of

2-6 fluoride to be maintained in such public water systems, except that:

2-7 (1) The minimum permissible concentration of fluoride must not be

2-8 less than 0.7 parts per million; and

2-9 (2) The maximum permissible concentration of fluoride must not

2-10 exceed 1.2 parts per million;

2-11 (b) The requirements and procedures for maintaining proper

2-12 concentrations of fluoride, including any necessary equipment, testing,

2-13 recordkeeping and reporting;

2-14 (c) Requirements for the addition of fluoride to such a public water

2-15 system if the natural concentration of fluorides in that system is lower

2-16 than the minimum permissible concentration established pursuant to

2-17 paragraph (a); and

2-18 (d) Criteria pursuant to which the state board of health may exempt a

2-19 public water system from the requirement of fluoridation upon the

2-20 request of the public water system.

2-21 3. The state board of health shall not require the fluoridation of:

2-22 (a) The wells of a public water system if:

2-23 (1) The ground water production of the public water system is less

2-24 than 15 percent of the total average annual water production of the

2-25 system for the years in which drought conditions are not prevalent; and

2-26 (2) The wells are part of a combined regional and local system for

2-27 the distribution of water that is served by a fluoridated source.

2-28 (b) A public water system:

2-29 (1) During an emergency or period of routine maintenance, if the

2-30 wells of the system are exempt from fluoridation pursuant to paragraph

2-31 (a) and the supplier of water determines that it is necessary to change the

2-32 production of the system from surface water to ground water because of

2-33 an emergency or for purposes of routine maintenance; or

2-34 (2) If the natural water supply of the system contains fluoride in a

2-35 concentration that is at least equal to the minimum permissible

2-36 concentration established pursuant to paragraph (a) of subsection 2.

2-37 4. The state board of health may make an exception to the minimum

2-38 permissible concentration of fluoride to be maintained in a public water

2-39 system based on:

2-40 (a) The climate of the regulated area;

2-41 (b) The amount of processed water purchased by the residents of the

2-42 regulated area; and

3-1 (c) Any other factor that influences the amount of public water that is

3-2 consumed by the residents of the regulated area.

3-3 5. The health division of the department of human resources shall

3-4 make reasonable efforts to secure any available sources of financial

3-5 support, including, without limitation, grants from the Federal

3-6 Government, for the enforcement of the standards established pursuant

3-7 to this section and any related capital improvements.

3-8 6. A public water system may submit to the health division a claim

3-9 for payment of the initial costs of the public water system to begin

3-10 complying with the provisions of this section. The administrator of the

3-11 health division may approve such claims to the extent of legislative

3-12 appropriations and any other money available for that purpose.

3-13 Approved claims must be paid as other claims against the state are paid.

3-14 The ongoing operational expenses of a public water system in complying

3-15 with the provisions of this section are not compensable pursuant to this

3-16 subsection.

3-17 7. As used in this section, "supplier of water" has the meaning

3-18 ascribed to it in NRS 445A.845.

3-19 Sec. 4. NRS 445A.050 is hereby amended to read as follows:

3-20 445A.050 The provisions of NRS 445A.025 to [445A.045,] 445A.050,

3-28 3. A supplier of water who supplies water to less than 500 users.

3-29 Sec. 5. 1. This section becomes effective upon passage and

3-30 approval.

3-31 2. Section 3 of this act becomes effective upon passage and approval

3-32 for the purpose of adopting regulations and on October 1, 1999, for all

3-33 other purposes.

3-34 3. Sections 1, 2 and 4 of this act become effective on October 1, 1999.