Assembly Bill No. 489-Committee on Health and Human Services
(On Behalf of Assemblywoman Giunchigliani)
May 15, 1997
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Referred to Committee on Health and Human Services
SUMMARY--Requires fluoridation of certain public water systems under certain circumstances. (BDR 40-316)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to public water systems; requiring the fluoridation of certain public water systems in larger counties; authorizing the fluoridation of certain public water systems in smaller counties; directing the state board of health to adopt related regulations; imposing certain duties on the health division of the department of human resources; 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:
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Section 1 Chapter 445A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state board of health shall adopt regulations requiring the fluoridation of public water systems in a county whose population is 100,000 or more.
2. The regulations adopted pursuant to subsection 1 must include, without limitation:
(a) Minimum and maximum permissible concentrations of fluoride to be maintained by public water systems.
(b) The requirements and procedures for maintaining proper concentrations of fluoride, including any necessary equipment, testing, recordkeeping and reporting.
(c) Requirements for the addition of fluoride to public water systems in which the natural concentration of fluorides is lower than the minimum permissible concentration established pursuant to paragraph (a).
(d) A plan for the incremental application of the required fluoridation of public water systems based on the number of service connections in the various systems in this state.
3. The state board of health shall not require the fluoridation of a public water system where the natural water supply contains fluoride in a concentration which is at least equal to the minimum permissible concentration established pursuant to paragraph (a) of subsection 2 but does not exceed the maximum permissible concentration established pursuant to that paragraph.
4. The state board of health may make exceptions to the minimum and maximum permissible concentrations of fluoride to be maintained in public water systems based upon:
(a) The climate of the regulated area;
(b) The amount of processed water purchased by the residents of the regulated area; and
(c) Any other factor that influences the amount of public water consumed by the residents of the regulated area.
5. The board of county commissioners of a county whose population is less than 100,000 may cause the fluoridation of the public water systems within the county if the board of county commissioners complies with this section and the related regulations of the state board of health.
6. The health division of the department of human resources shall make reasonable efforts to secure any available sources of financial support, including, without limitation, grants from the Federal Government, for the enforcement of the standards established pursuant to this section and any related capital improvements.
Sec. 2 NRS 445A.015 is hereby amended to read as follows:
445A.015 Every owner, agent, manager, operator or other person having charge of any waterworks furnishing water for public use who : [shall:]
1. Knowingly [permit any] permits an act or [omit any] omits a duty or precaution by reason whereof the purity or healthfulness of the water supplied [shall become] becomes impaired is guilty of a gross misdemeanor.
2. [Fail to adjust] Fails to increase the naturally occurring fluoride concentration of the water to [levels recommended by public health authorities when there has been approval by a majority of votes cast pursuant to NRS 445A.045, or who shall adjust such concentration if such approval has not been obtained,] the minimum concentration required by the regulations of the state board of health pursuant to section 1 of this act is guilty of a misdemeanor. The provisions of this subsection do not apply to purveyors of bottled water . [who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.]
Sec. 3NRS 445A.805 is hereby amended to read as follows:
445A.805As used in NRS 445A.800 to 445A.955, inclusive, and section 1 of this act, unless the context otherwise requires, the terms defined in NRS 445A.810 to 445A.850, inclusive, have the meanings ascribed to them in those sections.
Sec. 4 NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the health division;
(3) The state welfare administrator; and
(4) The administrator of the division of child and family services.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446, 447, 449 and 450 of NRS, NRS 127.220 to 127.310, inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 [to 445A.050, inclusive,] , 445A.015 and section 1 of this act and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain [any] all other information that is necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and [any] the need for the modification of programs administered by the department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 5 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 6 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 7 NRS 445A.025, 445A.030, 445A.035, 445A.040, 445A.045 and 445A.050 are hereby repealed.
Sec. 8 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective upon passage and approval for purposes relating to the adoption of regulations and on October 1, 1997, for all other purposes.
3. Sections 2 to 7, inclusive, of this act become effective on October 1, 1997.
LEADLINES OF REPEALED SECTIONS
445A.025 Proposal to adjust concentration of fluoride in water: Receipt by governing body of county, city or town; notice to county clerk.
445A.030 Publication of proposal; submission to registered voters.
445A.035 Proposal to be voted on at next general election.
445A.040 Certification of votes for and against proposal; results to be sent to supplier of water or secretary of state.
445A.045 Adjustment of concentration of fluoride in water by supplier of water if proposal approved by voters.
445A.050 Exemptions.