Assembly Bill No. 630–Committee on Natural Resources, Agriculture, and Mining

 

March 26, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Makes various changes relating to testing for environmental contamination. (BDR 40‑1456)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                                 Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE (§ 1)

(Not Requested by Affected Local Government)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public health; requiring a health authority to investigate environmental contamination that may threaten public health; making certain information obtained from such an investigation confidential under certain circumstances; requiring the state board of health to adopt certain regulations; requiring a laboratory certified to perform analyses of water to notify the health division of the department of human resources of certain threats to public health; providing a penalty; 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. Chapter 439 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  A health authority that knows, suspects or is reliably informed of

1-4  the presence within its jurisdiction of environmental contamination that

1-5  may pose a significant threat to public health shall immediately

1-6  investigate the matter and all circumstances connected with the matter.

1-7    2.  If a health authority has reason to believe that such contamination

1-8  is present on private property, the authority shall request permission

1-9  from the owner of the property to:

1-10    (a) Take samples;

1-11    (b) Conduct tests; or

1-12    (c) Temporarily place on the property a testing device or other

1-13  equipment that measures, monitors or gathers samples,

1-14  of the air, water or soil from the property.

2-1    3.  If the owner of the property gives his consent to the request of the

2-2  health authority, any information concerning the presence of an

2-3  environmental contaminant in the air, water or soil from the property

2-4  obtained as a result of that consent is confidential and must not be

2-5  disclosed to any person under any circumstances, including pursuant to

2-6  any subpoena, search warrant or discovery proceeding, except that the

2-7  information may be disclosed:

2-8    (a) For statistical, analytical or descriptive purposes, so long as the

2-9  address, the actual physical location of the property and the identity of

2-10  the owner of the property are not discernible from the information

2-11  disclosed.

2-12    (b) In a prosecution for a violation of any provision of this Title.

2-13    (c) In a proceeding for an injunction brought pursuant to any

2-14  provision of this Title.

2-15    (d) To any person who has a medical need to know the information

2-16  for his own protection or for the well-being of a patient or dependent

2-17  person, as determined by the health authority in accordance with

2-18  regulations of the state board of health.

2-19    (e) To a fireman, police officer or other person who provides

2-20  emergency services if the state board of health has determined that the

2-21  information relates to a threat to public health significantly related to

2-22  that occupation. The information must be disclosed in the manner

2-23  prescribed by the state board of health.

2-24    (f) If the disclosure is authorized or required by specific statute.

2-25    (g) If the owner of the property consents in writing to the disclosure.

2-26    4.  The state board of health shall adopt regulations to carry out the

2-27  provisions of this section.

2-28    5.  As used in this section, “contaminant” and “contamination” mean

2-29  any physical, chemical, biological, radiological or other substance which

2-30  can cause or transmit infectious disease, chemical poisoning, chronic

2-31  disease or other impairment to humans or other animals.

2-32    Sec. 2.  NRS 445A.428 is hereby amended to read as follows:

2-33    445A.428  1.  The commission shall provide by regulation standards

2-34  for the certification of laboratories for the analysis of water pursuant to

2-35  NRS 445A.300 to 445A.730, inclusive. An analysis required pursuant to

2-36  any provision of NRS 445A.300 to 445A.730, inclusive, must be

2-37  performed by a certified laboratory.

2-38    2.  The certifying officer shall conduct an evaluation at the site of each

2-39  laboratory to determine whether the laboratory is using the methods of

2-40  analysis required by this section in an acceptable manner, applying

2-41  procedures required by regulation for the control of quality and making

2-42  results available in a timely manner.

2-43    3.  For analyses required pursuant to NRS 445A.300 to 445A.730,

2-44  inclusive, the methods of analysis must comply with 40 C.F.R. Part 136.

2-45    4.  A laboratory may be certified to perform analyses for the presence

2-46  of one or more specified contaminants, or to perform all analyses required

2-47  pursuant to NRS 445A.300 to 445A.730, inclusive.

2-48    5.  A laboratory certified to perform analyses of water pursuant to

2-49  this section shall notify the health division of the department of human

3-1  resources each time an analysis detects the presence of a contaminant at

3-2  a level of concentration that may pose a threat to public health,

3-3  including, without limitation, a level in excess of the maximum

3-4  contaminant level for a contaminant for which such a level has been

3-5  established.

3-6    6.  The division may revoke, suspend or limit the certification of a

3-7  laboratory that fails to notify the health division as required pursuant to

3-8  this section.

3-9    7.  As used in this section, “maximum contaminant level” has the

3-10  meaning ascribed to it in 42 U.S.C. § 300f.

3-11    Sec. 3.  NRS 445A.863 is hereby amended to read as follows:

3-12    445A.863  1.  The state board of health shall provide by regulation

3-13  standards for the certification of laboratories for the analysis of water

3-14  pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required

3-15  pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, or

3-16  required by a lender as a condition precedent to the transfer of real property

3-17  must be performed by a laboratory that is certified in accordance with the

3-18  standards adopted by the state board of health pursuant to this subsection.

3-19    2.  The certifying officer shall conduct an evaluation at the site of each

3-20  laboratory to determine whether the laboratory is using the methods of

3-21  analysis required by this section in an acceptable manner, applying

3-22  procedures required by regulation for the control of quality and making

3-23  results available in a timely manner.

3-24    3.  For analyses required pursuant to NRS 445A.800 to 445A.955,

3-25  inclusive, or by a lender as a condition precedent to the transfer of real

3-26  property, the methods used must comply with the Federal Act.

3-27    4.  A laboratory may be certified to perform analyses for the presence

3-28  of one or more specified contaminants, or to perform all analyses required

3-29  pursuant to NRS 445A.800 to 445A.955, inclusive.

3-30    5.  A laboratory certified to perform analyses of water pursuant to

3-31  this section shall notify the health division each time an analysis detects

3-32  the presence of a contaminant at a level of concentration that may pose a

3-33  threat to public health, including, without limitation, a level in excess of

3-34  the maximum contaminant level for a contaminant for which such a

3-35  level has been established.

3-36    6.  The health division may revoke, suspend or limit the certification

3-37  of a laboratory that fails to notify the health division as required

3-38  pursuant to this section.

3-39    7.  As used in this section, “maximum contaminant level” has the

3-40  meaning ascribed to it in 42 U.S.C. § 300f.

3-41    Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply

3-42  to any additional expenses of a local government that are related to the

3-43  provisions of this act.

3-44    Sec. 5.  This act becomes effective on July 1, 2001.

 

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