Nevada 2019 Regular Session Status: Enacted 2 D cosponsors

AB 163 — Revises provisions governing water conservation. (BDR 48-798)

Last action — Chapter 342.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2019. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    7 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to water; revising certain requirements relating to a plan of water conservation; revising minimum standards for plumbing fixtures in new construction and expansions and renovations in certain structures; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

505 added · 515 removed

505 line(s) added, 515 removed.

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(Reprinted with amendments adopted on May 14, 2019) SECOND REPRINT A.B.
Assembly Bill No.
163 ASSEMBLY BILLN O .
163–Assemblymen Watts;
163–ASSEMBLYMEN W ATTS;
Cohen, Nguyen, Peters and Swank Joint Sponsors:
C OHEN , NGUYEN , PETERS AND S WANK FEBRUARY 15, 2019 ____________ JOINT SPONSORS :
Senators Brooks;
ENATORS BROOKS ;
and Scheible CHAPTER..........
AND SCHEIBLE ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Revises provisions governing water conservation.
(BDR 48-798) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires each supplier of water and each public utility to adopt a of the Division of Water Resources of the State Department of Conservation andion Natural Resources or the Public Utilities Commission of Nevada, as applicable.
Existing law requires each supplier of water and each public utility to adopt a plan of water conservation, which must be submitted to the Water Planning Section of the Division of Water Resources of the State Department of Conservation and Natural Resources or the Public Utilities Commission of Nevada, as applicable.
(NRS 540.131, 540.141, 704.662, 704.6622) Sections 1 and 8 of this bill require each supplier of water and public utility:
(NRS 540.131, 540.141, 704.662, utility:
(1) who serves 3,300 persons or more to submit the results of a water loss less than 3,300 persons to submit the results of certain calculations regarding water delivered and water billed with the plan of water conservation or update to the plan.
(1) who serves 3,300 persons or more to submit the results of a water loss audit with the plan of water conservation or update to the plan;
and (2) who serves less than 3,300 persons to submit the results of certain calculations regarding water delivered and water billed with the plan of water conservation or update to the plan.
- *AB163_R2* – 2 – or a joint plan of water conservation to include establishing goals for acceptablean levels of water loss.
Sections 3 and 9 of this bill revise the provisions which must be included in a plan or a joint plan of water conservation to include establishing goals for acceptable levels of water loss.
Sections 4-7 and public building financed by a public body that was constructed 50 years orture more before the current year.
Sections 4-7 exempt from these requirements any residential, commercial or industrial structure and public building financed by a public body that was constructed 50 years or more before the current year.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 80th Session (2019) – 2 – EXPLANATION – Matter in bolded italics is new;
Section 1.
matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
(b) Serves less than 3,300 persons must calculate the amount of water delivered by the supplier of water and the amount of water that was billed to customers of the supplier of water for each year.
(b) Serves less than 3,300 persons must calculate the amount of water delivered by the supplier of water and the amount of water that was billed to customers of the supplier of water for each to the Section with the plan for water conservation or update to the plan of water conservation, as applicable.
The calculations must be submitted by the supplier of water to the Section with the plan for water conservation or update to the plan of water conservation, as applicable.
and (b) An analysis of any progress made by the supplier towards the goals for acceptable water loss established in the plan for - *AB163_R2* – 3 – water conservation pursuant to paragraph (c) of subsection 1 of NRS 540.141.
and (b) An analysis of any progress made by the supplier towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 540.141.
and (b) An analysis of any progress made by the supplier towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 540.141.
and (b) An analysis of any progress made by the supplier towards the goals for acceptable water loss established in the plan for - 80th Session (2019) – 3 – water conservation pursuant to paragraph (c) of subsection 1 of NRS 540.141.
Any county, city, town, local improvement district, general improvement district and water conservancy district;
Any county, city, town, local improvement district, general imp2.vemAny water district, water system, water project or water planning and advisory board created by a special act of the Legislature;
2.
and 3.
Any water district, water system, water project or water planning and advisory board created by a special act of the Leg3.latAny other public or private entity, that supplies water for municipal, industrial or domestic adopt a plan of water conservation pursuant to NRS 704.662.ed to Sec.
Any other public or private entity, that supplies water for municipal, industrial or domestic purposes.
The term does not include a public utility required to adopt a plan of water conservation pursuant to NRS 704.662.
Sec.
(c) The management of water to [:
(c) (1) Identify] identify and reduce [leakage] water loss in water supplies, inaccuracies in water meters and high pressure in water supplies [;
(1) Identify] identify and reduce [leakage] water loss in water supplies, inaccuracies in water meters and high pressure in water supplies [;
- *AB163_R2* – 4 – (1) Goals for acceptable levels of water loss in water supplies.
(1) Goals for acceptable levels of water loss in water supplies.
(2) [Where] A plan which analyzes how the supplier of water will progress towards the goals established for the acceptable levels of water loss.
- 80th Session (2019) – 4 – (2) [Where] A plan which analyzes how the supplier of water will progress towards the goals established for the acceptable levels of water loss.
[(f)] (g) A plan for how the supplier of water will progress towards the installation of meters on all connections.
[(f)] (g) A plan for how the supplier of water will progress tow[(g)] (h) Standards for water efficiency for new development.
[(g)] (h) Standards for water efficiency for new development.
day of the week.ering restrictions based on the time of day and the 2.
[(i)] (j) Watering restrictions based on the time of day and the day of the week.
In addition to the requirements of subsection 1, a plan or by a supplier of water providing service for 500 or more connections must include provisions relating to:
2.
In addition to the requirements of subsection 1, a plan or joint plan of water conservation submitted to the Section for review by a supplier of water providing service for 500 or more connections must include provisions relating to:
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The Section shall review any plan or joint plan submitted to it within 120 days after its submission and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.
The Section shall review any plan or joint plan submitted to it within 120 days after its submission and approve the plan if it is complies with the requirements of this section.he service area and 4.
4.
In carrying out the - *AB163_R2* – 5 – provisions of this subsection, the State Engineer is not responsible for ensuring, and is not liable for failing to ensure, that the plans and joint plans which are provided on the Internet website are accurate and current.
In carrying out the provisions of this subsection, the State Engineer is not responsible for ensuring, and is not liable for failing to ensure, that the plans and joint plans which are provided on the Internet website are accurate and current.
Sec.
- 80th Session (2019) – 5 – Sec.
Additionally, each county and city shall prohibit by ordinance the sale and installation of any plumbing fixture which does not meet the standards made applicable for the respective county or city pursuant to this section.
Additionally, each county and city shall prohibit by ordinance the sale and installation of any plumbing fixture which does not meet the standards made applicable for2.he Except as otherwise provided in [subsections 3 and 4,] subsection 6, each residential, commercial or industrial structure on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
2.
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
Except as otherwise provided in [subsections 3 and 4,] subsection 6, each residential, commercial or industrial structure on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flu(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device minute.ce water consumption to 3 gallons of water or less per (c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
Except as otherwise provided in subsection [4,] 6, each residential, commercial or industrial structure on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
Except as otherwise provided in subsection [4,] 6, each begins on or after March 1, 1993, and before January 1, 2020, andtion each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a - *AB163_R2* – 6 – device to reduce water consumption to 2.5 gallons of water or less per minute.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.
- 80th Session (2019) – 6 – (c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.
(g) Each faucet installed in a public restroom must contain a mechanism which closes the faucet automatically after a predetermined amount of water has flowed through the faucet.
mechanism which closes the faucet automatically after acontain a predetermined amount of water has flowed through the faucet.
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
5.
For the purposes of subsection 4:
- *AB163_R2* – 7 – (b) If the WaterSense program modifies the requirements for a plumbing fixture to be certified under the WaterSense program, a plumbing fixture that was certified under the previous requirements shall be deemed certified for use under the WaterSense program for a period of 12 months following the modification of the requirements for certification.
- 80th Session (2019) – 7 – (b) If the WaterSense program modifies the requirements for a plumbing fixture to be certified under the WaterSense program, a plumbing fixture that was certified under the previous requirements shall be deemed certified for use under the WaterSense program for a period of 12 months following the modification of the requirements for certification.
(a) An existing residential, commercial or industrial structure which is not being expanded or renovated [.] ;
(a) An existing residential, commercial or industrial structure whi(b) An existing residential, commercial or industrial structure if the structure was constructed 50 years or more before the current year, regardless of whether that structure has been expanded or renovated since its original construction.
or (b) An existing residential, commercial or industrial structure if the structure was constructed 50 years or more before the current year, regardless of whether that structure has been expanded or renovated since its original construction.
Except as otherwise provided in [subsections 3 and 4,] subsection 6, each public building, other than a prison or jail, on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing public building which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, fixtures:rporate the following minimal standards for plumbing (a) A toilet which uses water must not be installed unless its flush.ption of water does not exceed 3.5 gallons of water per (b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
Except as otherwise provided in [subsections 3 and 4,] subsection 6, each public building, other than a prison or jail, on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing public building which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water to reduce water consumption to 3 gallons of water or less per device minute.
- *AB163_R2* – 8 – (a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
- 80th Session (2019) – 8 – (a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically, irrespective of demand, must not be installed.
mechanism to flush periodically, irrespective of demand, must not be installed.
Except as otherwise provided in subsection 6, each public building, other than a prison or jail, on which construction begins which is expanded or renovated on or after January 1, 2020:ing (a) If the WaterSense program established by the United States specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
Except as otherwise provided in subsection 6, each public building, other than a prison or jail, on which construction begins on or after January 1, 2020, and each existing public building which is expanded or renovated on or after January 1, 2020:
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or fau(b) If the WaterSense program has not developed a finalogram.
product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
or (b) A public building if the public building was constructed 50 years or more before the current year, regardless of whether that - *AB163_R2* – 9 – public building has been expanded or renovated since its original construction.
or - 80th Session (2019) – 9 – (b) A public building if the public building was constructed 50 years or more before the current year, regardless of whether that public building has been expanded or renovated since its original construction.
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
consumption of water does not exceed 3.5 gallons of water per its flush.
(b) A shower apparatus which uses more than 2.5 gallons of device to reduce water consumption to 2.5 gallons of water or lessa per minute.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
water to flow at a rate greater than 2.5 gallons per minute.ot allow 3.
(c) Each faucet installed in a lavatory or kitchen must not allow wat3.
Each manufactured building on which construction begins on or after January 1, 2020:
toEach manufactured building on which construction begins on or after January 1, 2020:
4.
- 80th Session (2019) – 10 – 4.
- *AB163_R2* – 10 – Sec.
Sec.
[Except as otherwise provided in subsection 2, each] Each manufactured home or mobile home on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
[Except as otherwise provided in subsection 2, each] Each manufactured home or mobile home on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of device to reduce water consumption to 2.5 gallons of water or lessa per minute.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
water to flow at a rate greater than 2.5 gallons per minute.ot allow 3.
3.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or - 80th Session (2019) – 11 – faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
- *AB163_R2* – 11 – Sec.
Sec.
Except as otherwise provided in subsection 4, each public utility that is required to adopt or update a plan of water conservation in accordance with the provisions of NRS 704.662 and:
Except as otherwise provided in subsection 4, each public conservation in accordance with the provisions of NRS 704.662 and:
andhe new water loss (b) An analysis of any progress made by the public utility for water conservation pursuant to paragraph (c) of subsection 1lan of NRS 704.6622.
andhe new water loss (b) An analysis of any progress made by the public utility towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 704.6622.
and (b) An analysis of any progress made by the public utility towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 704.6622.
and - 80th Session (2019) – 12 – (b) An analysis of any progress made by the public utility towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 704.6622.
- *AB163_R2* – 12 – (a) Methods of public education to:
(a) (1) Increase public awareness of the limited supply of water in this state and the need to conserve water.
(1) Increase public awareness of the limited supply of water in this state and the need to conserve water.
(2) [Increase] A plan which analyzes how the public utility will progress towards the goals established for the acceptable levels of water loss.
will progress towards the goals established for the acceptablelity levels of water loss.
the reuse of effluent.of water to, where applicable, increase [(d)] (e) A contingency plan for drought conditions that ensures a s[(e)] (f) A schedule for carrying out the plan.
(d) The management of water to, where applicable, increase the reuse of effluent.
[(d)] (e) A contingency plan for drought conditions that ensures a supply of potable water.
[(e)] (f) A schedule for carrying out the plan.
(i) Tiered rate structures for the pricing of water to promote the conservation of water, including, without limitation, an estimate of the manner in which the tiered rate structure will impact the consumptive use of water.
(i) Tiered rate structures for the pricing of water to promote the conservation of water, including, without limitation, an - 80th Session (2019) – 13 – estimate of the manner in which the tiered rate structure will impact the consumptive use of water.
The Commission shall review any plan submitted to it and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.
The Commission shall review any plan submitted to it and the service area and complies with the requirements of this section.
Sec.
of Sec.
- *AB163_R2* – 13 – 1.
1.
Upon passage and approval for the purposes of adopting any tasks that are necessary to carry out the provisions of this act;
Upon passage and approval for the purposes of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *AB163_R2*
~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Chapter 342.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 682 concurred in. To enrollment.

  5. In Assembly.

  6. Read third time. Passed, as amended. Title approved. (Yeas: 14, Nays: 6, Excused: 1.) To Assembly.

  7. Taken from General File. Placed on General File for next legislative day.

  8. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 682.) To printer.

  10. In Senate. Read first time. Referred to Committee on Natural Resources. To committee.

  11. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 28, Nays: 12, Excused: 2.) To Senate.

  12. Read second time. Amended. (Amend. No. 137.) To printer.

  13. From committee: Amend, and do pass as amended.

  14. Notice of eligibility for exemption.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Natural Resources, Agriculture, and Mining. To printer.

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 60 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (60)

60 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does AB 163 do?
AN ACT relating to water; revising certain requirements relating to a plan of water conservation; revising minimum standards for plumbing fixtures in new construction and expansions and renovations in certain structures; and providing other matters properly relating thereto.
Who sponsors AB 163?
AB 163 is sponsored by Senator Melanie Scheible, Nguyen, Duy (Democratic), Watts, Howard (Democratic), Heidi Swank, Peters, Sarah, Cohen, Lesley, and Chris Brooks.
What is the current status of AB 163?
This bill has been enacted into law. Introduced February 15, 2019. Enacted.
Where can I track AB 163?
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