Assembly Bill No. 689–Committee on Judiciary

(On Behalf of Legislative Counsel)

May 20, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Amends Assembly Bill No. 284 and Senate Bill No. 471 of 1999 Legislative Session. (BDR S-1760)

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 legislative measures; amending Assembly Bill No. 284 of the 1999 Legislative Session to clarify that provisions apply to public water systems that serve a population of 100,000 or more, but only in a county whose population is 400,000 or more; amending Senate Bill No. 471 of the 1999 Legislative Session to delay the date upon which legislative measures of local governments must set forth certain disclosures regarding unfunded mandates; 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. Sections 3 and 4 of Assembly Bill No. 284 of this session

1-2 are hereby amended to read as follows:

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

1-4 requiring the fluoridation of each public water system that serves

1-5 a population of 100,000 or more in a county whose population is

1-6 400,000 or more.

1-7 2. The regulations must include, without limitation:

1-8 (a) The minimum and maximum permissible concentrations of

1-9 fluoride to be maintained in such public water systems, except

1-10 that:

1-11 (1) The minimum permissible concentration of fluoride

1-12 must not be less than 0.7 parts per million; and

2-1 (2) The maximum permissible concentration of fluoride

2-2 must not exceed 1.2 parts per million;

2-3 (b) The requirements and procedures for maintaining proper

2-4 concentrations of fluoride, including any necessary equipment,

2-5 testing, recordkeeping and reporting;

2-6 (c) Requirements for the addition of fluoride to such a public

2-7 water system if the natural concentration of fluorides in that

2-8 system is lower than the minimum permissible concentration

2-9 established pursuant to paragraph (a); and

2-10 (d) Criteria pursuant to which the state board of health may

2-11 exempt a public water system from the requirement of

2-12 fluoridation upon the request of the public water system.

2-13 3. The state board of health shall not require the fluoridation

2-14 of:

2-15 (a) The wells of a public water system if:

2-16 (1) The ground water production of the public water system

2-17 is less than 15 percent of the total average annual water

2-18 production of the system for the years in which drought

2-19 conditions are not prevalent; and

2-20 (2) The wells are part of a combined regional and local

2-21 system for the distribution of water that is served by a fluoridated

2-22 source.

2-23 (b) A public water system:

2-24 (1) During an emergency or period of routine maintenance,

2-25 if the wells of the system are exempt from fluoridation pursuant to

2-26 paragraph (a) and the supplier of water determines that it is

2-27 necessary to change the production of the system from surface

2-28 water to ground water because of an emergency or for purposes

2-29 of routine maintenance; or

2-30 (2) If the natural water supply of the system contains

2-31 fluoride in a concentration that is at least equal to the minimum

2-32 permissible concentration established pursuant to paragraph (a)

2-33 of subsection 2.

2-34 4. The state board of health may make an exception to the

2-35 minimum permissible concentration of fluoride to be maintained

2-36 in a public water system based on:

2-37 (a) The climate of the regulated area;

2-38 (b) The amount of processed water purchased by the residents

2-39 of the regulated area; and

2-40 (c) Any other factor that influences the amount of public water

2-41 that is consumed by the residents of the regulated area.

2-42 5. The health division of the department of human resources

2-43 shall make reasonable efforts to secure any available sources of

3-1 financial support, including, without limitation, grants from the

3-2 Federal Government, for the enforcement of the standards

3-3 established pursuant to this section and any related capital

3-4 improvements.

3-5 6. A public water system may submit to the health division a

3-6 claim for payment of the initial costs of the public water system to

3-7 begin complying with the provisions of this section. The

3-8 administrator of the health division may approve such claims to

3-9 the extent of legislative appropriations and any other money

3-10 available for that purpose. Approved claims must be paid as other

3-11 claims against the state are paid. The ongoing operational

3-12 expenses of a public water system in complying with the

3-13 provisions of this section are not compensable pursuant to this

3-14 subsection.

3-15 7. As used in this section, "supplier of water" has the

3-16 meaning ascribed to it in NRS 445A.845.

3-17 Sec. 4. NRS 445A.050 is hereby amended to read as follows:

3-18 445A.050 The provisions of NRS 445A.025 to [445A.045,]

3-19 445A.050, inclusive, do not apply [:

3-20 1. To purveyors] to:

3-21 1. A public water system that serves a population of 100,000

3-22 or more in a county whose population is 400,000 or more.

3-23 2. Purveyors of bottled water who label their containers to

3-24 inform the purchaser that the naturally occurring fluoride

3-25 concentration of the water has been adjusted to recommended

3-26 levels.

3-27 [2. To any]

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

3-29 users.

3-30 Sec. 2. Section 3 of Senate Bill No. 471 of this session is hereby

3-31 repealed.

3-32 Sec. 3. This act becomes effective upon passage and approval.

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