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 of 1999 Legislative Session. (BDR 40-1760)

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 water; amending Assembly Bill No. 284 of the 1999 Legislative Session to make the provisions of the bill applicable to water authorities; requiring an advisory question concerning the fluoridation of water to be placed on the general election ballot in a county whose population is 400,000 or more; 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, 4 and 5 of Assembly Bill No. 284 of this

1-2 session 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 all water delivered for human

1-5 consumption in a county whose population is 400,000 or more by

1-6 a:

1-7 (a) Public water system that serves a population of 100,000 or

1-8 more; or

1-9 (b) Water authority.

1-10 2. The regulations must include, without limitation:

1-11 (a) The minimum and maximum permissible concentrations of

1-12 fluoride to be maintained by such a public water system or a

1-13 water authority, except that:

1-14 (1) The minimum permissible concentration of fluoride

1-15 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 the water if the

2-7 natural concentration of fluorides is lower than the minimum

2-8 permissible concentration established pursuant to paragraph (a);

2-9 and

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

2-11 exempt a public water system or water authority from the

2-12 requirement of fluoridation upon the request of the public water

2-13 system or water authority.

2-14 3. The state board of health shall not require the fluoridation

2-15 of:

2-16 (a) The wells of a public water system or water authority if:

2-17 (1) The ground water production of the public water system

2-18 or water authority is less than 15 percent of the total average

2-19 annual water production of the system or authority for the years

2-20 in which drought conditions are not prevalent; and

2-21 (2) The wells are part of a combined regional and local

2-22 system for the distribution of water that is served by a fluoridated

2-23 source.

2-24 (b) A public water system or water authority:

2-25 (1) During an emergency or period of routine maintenance,

2-26 if the wells of the system or authority are exempt from

2-27 fluoridation pursuant to paragraph (a) and the supplier of water

2-28 determines that it is necessary to change the production of the

2-29 system or authority from surface water to ground water because

2-30 of an emergency or for purposes of routine maintenance; or

2-31 (2) If the natural water supply of the system or authority

2-32 contains fluoride in a concentration that is at least equal to the

2-33 minimum permissible concentration established pursuant to

2-34 paragraph (a) of subsection 2.

2-35 4. The state board of health may make an exception to the

2-36 minimum permissible concentration of fluoride to be maintained

2-37 in a public water system or water authority based on:

2-38 (a) The climate of the regulated area;

2-39 (b) The amount of processed water purchased by the residents

2-40 of the regulated area; and

2-41 (c) Any other factor that influences the amount of public water

2-42 that is consumed by the residents of the regulated area.

3-1 5. The health division of the department of human resources

3-2 shall make reasonable efforts to secure any available sources of

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

3-4 Federal Government, for the enforcement of the standards

3-5 established pursuant to this section and any related capital

3-6 improvements.

3-7 6. A public water system or water authority may submit to the

3-8 health division a claim for payment of the initial costs of the

3-9 public water system or water authority to begin complying with

3-10 the provisions of this section regardless of whether the public

3-11 water system or water authority is required to comply with those

3-12 provisions. The administrator of the health division may approve

3-13 such claims to the extent of legislative appropriations and any

3-14 other money available for that purpose. Approved claims must be

3-15 paid as other claims against the state are paid. The ongoing

3-16 operational expenses of a public water system or water authority

3-17 in complying with the provisions of this section are not

3-18 compensable pursuant to this subsection.

3-19 7. As used in this section:

3-20 (a) "Supplier of water" has the meaning ascribed to it in NRS

3-21 445A.845.

3-22 (b) "Water authority" has the meaning ascribed to it in NRS

3-23 377B.040.

3-24 Sec. 4. NRS 445A.050 is hereby amended to read as follows:

3-25 445A.050 The provisions of NRS 445A.025 to [445A.045,]

3-26 445A.050, inclusive, do not apply [:

3-27 1. To purveyors] to:

3-28 1. A public water system that serves a population of 100,000

3-29 or more in a county whose population is 400,000 or more.

3-30 2. A water authority, as defined pursuant to NRS 377B.040,

3-31 and any political subdivision that receives all or a part of its water

3-32 supply from such a water authority in a county whose population

3-33 is 400,000 or more.

3-34 3. Purveyors of bottled water who label their containers to

3-35 inform the purchaser that the naturally occurring fluoride

3-36 concentration of the water has been adjusted to recommended

3-37 levels.

3-38 [2. To any]

3-39 4. A supplier of water who supplies water to less than 500

3-40 users.

4-1 Sec. 5. 1. This section becomes effective upon passage and

4-2 approval.

4-3 2. Section 3 of this act becomes effective upon passage and

4-4 approval for the purpose of adopting regulations and on October 1,

4-5 1999, for all other purposes.

4-6 3. Sections 1, 2, 4 and 4.5 of this act become effective on

4-7 October 1, 1999.

4-8 4. This act expires by limitation on January 1, 2001, if a

4-9 majority of the voters voting on the question placed on the ballot

4-10 pursuant to section 4.5 of this act vote affirmatively in all counties

4-11 in which the measure was placed on the ballot.

4-12 Sec. 2. Assembly Bill No. 284 of this session is hereby amended by

4-13 adding thereto a new section designated sec. 4.5, following sec. 4, to read

4-14 as follows:

4-15 Sec. 4.5. At the general election on November 7, 2000, in each

4-16 county whose population is 400,000 or more, an advisory question

4-17 must be placed on the general election ballot in substantially the

4-18 following form:

4-19 Should the water authority and each public water system in this

4-20 county that serve a population of 100,000 persons or more cease the

4-21 fluoridation of the water?

4-22 Sec. 3. This act becomes effective upon passage and approval.

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