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
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 this1-2
session are hereby amended to read as follows:1-3
Sec. 3. 1. The state board of health shall adopt regulations1-4
requiring the fluoridation of all water delivered for human1-5
consumption in a county whose population is 400,000 or more by1-6
a:1-7
(a) Public water system that serves a population of 100,000 or1-8
more; or1-9
(b) Water authority.1-10
2. The regulations must include, without limitation:1-11
(a) The minimum and maximum permissible concentrations of1-12
fluoride to be maintained by such a public water system or a1-13
water authority, except that:1-14
(1) The minimum permissible concentration of fluoride1-15
must not be less than 0.7 parts per million; and2-1
(2) The maximum permissible concentration of fluoride2-2
must not exceed 1.2 parts per million;2-3
(b) The requirements and procedures for maintaining proper2-4
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 the2-7
natural concentration of fluorides is lower than the minimum2-8
permissible concentration established pursuant to paragraph (a);2-9
and2-10
(d) Criteria pursuant to which the state board of health may2-11
exempt a public water system or water authority from the2-12
requirement of fluoridation upon the request of the public water2-13
system or water authority.2-14
3. The state board of health shall not require the fluoridation2-15
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 system2-18
or water authority is less than 15 percent of the total average2-19
annual water production of the system or authority for the years2-20
in which drought conditions are not prevalent; and2-21
(2) The wells are part of a combined regional and local2-22
system for the distribution of water that is served by a fluoridated2-23
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 from2-27
fluoridation pursuant to paragraph (a) and the supplier of water2-28
determines that it is necessary to change the production of the2-29
system or authority from surface water to ground water because2-30
of an emergency or for purposes of routine maintenance; or2-31
(2) If the natural water supply of the system or authority2-32
contains fluoride in a concentration that is at least equal to the2-33
minimum permissible concentration established pursuant to2-34
paragraph (a) of subsection 2.2-35
4. The state board of health may make an exception to the2-36
minimum permissible concentration of fluoride to be maintained2-37
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 residents2-40
of the regulated area; and2-41
(c) Any other factor that influences the amount of public water2-42
that is consumed by the residents of the regulated area.3-1
5. The health division of the department of human resources3-2
shall make reasonable efforts to secure any available sources of3-3
financial support, including, without limitation, grants from the3-4
Federal Government, for the enforcement of the standards3-5
established pursuant to this section and any related capital3-6
improvements.3-7
6. A public water system or water authority may submit to the3-8
health division a claim for payment of the initial costs of the3-9
public water system or water authority to begin complying with3-10
the provisions of this section regardless of whether the public3-11
water system or water authority is required to comply with those3-12
provisions. The administrator of the health division may approve3-13
such claims to the extent of legislative appropriations and any3-14
other money available for that purpose. Approved claims must be3-15
paid as other claims against the state are paid. The ongoing3-16
operational expenses of a public water system or water authority3-17
in complying with the provisions of this section are not3-18
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 NRS3-21
445A.845.3-22
(b) "Water authority" has the meaning ascribed to it in NRS3-23
377B.040.3-24
Sec. 4. NRS 445A.050 is hereby amended to read as follows: 445A.050 The provisions of NRS 445A.025 to3-26
445A.050, inclusive, do not apply3-27
3-28
1. A public water system that serves a population of 100,0003-29
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 water3-32
supply from such a water authority in a county whose population3-33
is 400,000 or more.3-34
3. Purveyors of bottled water who label their containers to3-35
inform the purchaser that the naturally occurring fluoride3-36
concentration of the water has been adjusted to recommended3-37
levels.3-38
3-39
4. A supplier of water who supplies water to less than 5003-40
users.4-1
Sec. 5. 1. This section becomes effective upon passage and4-2
approval.4-3
2. Section 3 of this act becomes effective upon passage and4-4
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 on4-7
October 1, 1999.4-8
4. This act expires by limitation on January 1, 2001, if a4-9
majority of the voters voting on the question placed on the ballot4-10
pursuant to section 4.5 of this act vote affirmatively in all counties4-11
in which the measure was placed on the ballot.4-12
Sec. 2. Assembly Bill No. 284 of this session is hereby amended by4-13
adding thereto a new section designated sec. 4.5, following sec. 4, to read4-14
as follows:4-15
Sec. 4.5. At the general election on November 7, 2000, in each4-16
county whose population is 400,000 or more, an advisory question4-17
must be placed on the general election ballot in substantially the4-18
following form:4-19
Should the water authority and each public water system in this4-20
county that serve a population of 100,000 persons or more cease the4-21
fluoridation of the water?4-22
Sec. 3. This act becomes effective upon passage and approval.~