Nevada 2021 Regular Session Status: Enacted

AB 146 — Revises provisions relating to water. (BDR 40-123)

Last action — Chapter 513.

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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 18, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

504 added · 526 removed

Plain-language change summary

The latest version of Assembly Bill No. 146 introduces several important changes aimed at improving water pollution management. It now explicitly states that the people of the state have a right to clean water, emphasizing the commitment to protect water quality. Additionally, the Department of Conservation and Natural Resources is given the authority to create plans for managing diffuse sources of pollution, which broadens the approach to tackling water contamination. These enhancements are significant as they aim to strengthen regulations and involve Indian tribes in pollution control efforts, ultimately leading to cleaner and safer water for all residents.

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT A.B.
Assembly Bill No.
146 A SSEMBLY B ILLN O.
146–Assemblywoman Peters CHAPTER..........
146–ASSEMBLYWOMAN PETERS FEBRUARY 18, 2021 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to water.
(BDR 40-123) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law sets forth various requirements to control water pollution in this State, including authorizing the State Environmental Commission to prescribe controls for diffuse sources of water pollution.
Existing law sets forth various requirements to control water pollution in this controls for diffuse sources of water pollution.
(NRS 445A.570) Section 1.5 of this bill authorizes the State Department of Conservation and Natural Resources to pollution from diffuse sources in this State which may include identifying the major categories of diffuse sources that contribute to water pollution in this State.
(NRS 445A.570) Section 1.5 of this bill authorizes the State Department of Conservation and Natural Resources to develop plans, recommendations and policies to manage, control and mitigate water pollution from diffuse sources in this State which may include identifying the major categories of diffuse sources that contribute to water pollution in this State.
controlling the infiltration of contaminants into underground water resulting from contaminated fluids or soil, if the underground water supplies, or may be reasonably expected to supply, a public water system, which must address, without - *AB146_R1* – 2 – limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems.
controlling the infiltration of contaminants into underground water resulting from contaminated fluids or soil, if the underground water supplies, or may be reasonably expected to supply, a public water system, which may address, without limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems.
Section 1 of this bill makes conforming changes to require the State Board of Health to adopt regulations consistent with the regulations adopted by the Commission, if such regulations impact residential individual systems for the disposal of sewage.
Section 1 of this bill makes conforming changes to require the State Board of Health to adopt regulations consistent with the regulations adopted by the Commission, if such regulations impact residential individual systems for the dispSection 4 also requires the Commission to consider any disproportionate impacts on underserved communities when adopting regulations, standards of water quality and effluent limitations.
Section 4 also requires the Commission to consider any disproportionate quality and effluent limitations.s when adopting regulations, standards of water Existing law requires the Commission to publish notice of a hearing on a regulation that provides a standard of water quality or waste discharge at least once in a newspaper of general circulation in the area to which the standard will apply, if adopted.
Existing law requires the Commission to publish notice of a hearing on a regulation that provides a standard of water quality or waste discharge at least once in a newspaper of general circulation in the area to which the standard will apply, if adopted.
(NRS 445A.435) Section 5 of this bill requires the Commission to also publish notice of such a hearing at least once in a digital format that is generally accessible in the area and to any community impacted.
(NRS 445A.435) Section 5 of this bill requires the Commission to also accessible in the area and to any community impacted.igital format that is generally Existing law authorizes the Director of the Department to:
Existing law authorizes the Director of the Department to:
(1) perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution;
(1) perform any acts control of the injection of fluids through a well and the control of water pollution;
and (2) advise, consult and cooperate with other agencies of the State, the Federal - 81st Session (2021) – 2 – Government, other states, interstate agencies and certain other persons to further certain purposes related to the control of water pollution.
and (2) advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and certain other persons to further certain purposes related to the control of water pollution.
(NRS 445A.450) Section of this bill authorizes the Director to submit recommendations to the Commission for the adoption of regulations deemed necessary to control the infiltration of Section 6 further authorizes the Director to consult and cooperate with Indian tribes when working to control water pollution.
(NRS 445A.450) Section 6 of this bill authorizes the Director to also perform any acts necessary to control the infiltration of contaminants into underground water resulting from contaminated fluids or soil.
Section 9 of this bill requires the holders of certain permits whose production increases, process modifications or facility expansions result in the infiltration of contaminants into underground waters to report the contamination to the Department.
Section 6 further authorizes the Director to consult and cooperate witSection 9 of this bill requires the holders of certain permits whose production increases, process modifications or facility expansions result in the infiltration of contaminants into underground waters to report the contamination to the Department.
appropriate governmental agency of each complete application for a permit.
Existing law requires the Department to notify each interested person and appropriate governmental agency of each complete application for a permit.
Section 14 of this bill a public hearing on a permit application.ons to provide for Indian tribes to request Sections 15-22 of this bill provide that the provisions of this bill are subject to the existing enforcement authority of the Department.
Section 14 of this bill requires the Commission to adopt regulations to provide for Indian tribes to request a public hearing on a permit application.
Section 23 of this bill provides that the provisions of this bill do not amend, modify or supersede the provisions of existing law relating to the appropriation of water.
Sections 15-22 of this bill provide that the provisions of this bill are subject to the Section 23 of this bill provides that the provisions of this bill do not amend, modify or supersede the provisions of existing law relating to the appropriation of water.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB146_R1* – 3 – 2.
2.
If any regulations adopted by the State Environmental Commission pursuant to paragraph (d) of subsection 1 of NRS 445A.425 impact residential individual systems for disposal of sewage, the State Board of Health shall adopt regulations consistent with such regulations adopted by the State Environmental Commission.
If any regulations adopted by the State Environmental Commission pursuant to subsection 2 of NRS 445A.425 impact residential individual systems for disposal of sewage, the State Board of Health shall adopt regulations consistent with such regulations adopted by the State Environmental Commission.
4.
- 81st Session (2021) – 3 – disposal of sewage” means an individual system for disposal ofm for sewage from a parcel of land, including all structures thereon, that is zoned for single-family residential use.
As used in this section, “residential individual system for disposal of sewage” means an individual system for disposal of sewage from a parcel of land, including all structures thereon, that is zoned for single-family residential use.
(b) Identify the major categories of diffuse sources that contribute significant pollution to the surface waters of the State;
(b) Identify the major categories of diffuse sources that con(c) Determine methods to facilitate the implementation of theate;
(c) Determine methods to facilitate the implementation of the best management practices, projects and measures to control each category of diffuse sources identified pursuant to paragraph (b);
best management practices, projects and measures to control each category of diffuse sources identified pursuant to paragraph (b);
Sec.
Secs.
2.
2 and 3.
3.
(Deleted by amendment.) - *AB146_R1* – 4 – Sec.
The Legislature finds that pollution of water in this State:
The Legislature finds that pollution of water in thi(a) Adversely affects public health and welfare;
(a) Adversely affects public health and welfare;
(a) To maintain the quality of the waters of the State consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of the State;
- 81st Session (2021) – 4 – (a) To maintain the quality of the waters of the State consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of (b) To mitigate the degradation of the waters of the State;
[and] (b) To mitigate the degradation of the waters of the State;
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(c) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445A.840, which may result in that system’s noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human health.
(c) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445A.840, which may result in that system’s noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human hea(d) Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445A.300 to 445A.730, inclusive [.] , and section 1.5 of this act.
(d) Adopt regulations for controlling the infiltration of contaminants into underground water through contaminated fluids or soil where:
(e) Determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment.
- *AB146_R1* – 5 – (1) The underground water directly supplies a public water system or could be reasonably expected to supply a public water system through a surface-to-groundwater connection;
and (2) The infiltration of contaminants into the public system may result in:
(I) The public water system not complying with any standard or regulation regarding primary drinking water;
or (II) A danger to the health and safety of persons.
(e) Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445A.300 to 445A.730, inclusive [.] , and section 1.5 of this act.
[(e)] (f) Determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment.
The regulations adopted by the Commission pursuant to paragraph (d) of subsection 1 must address, without limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems.
The Commission may adopt regulations for controlling the infiltration of contaminants into underground water through contaminated fluids or soil where:
The Commission shall notify the State Board of Health if any regulations proposed to be adopted by the Commission would impact residential individual systems for the disposal of sewage.
(a) The underground water directly supplies a public water system or could be reasonably expected to supply a public water system through a surface-to-groundwater connection;
and (b) The infiltration of contaminants into the public system may result in:
- 81st Session (2021) – 5 – standard or regulation regarding primary drinking water;
or (2) A danger to the health and safety of persons.
 Any regulations adopted by the Commission pursuant to this subsection may address, without limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems.
Before adopting any regulations pursuant to subsection 2, the Commission shall:
(a) Consider:
(1) The economic and technological feasibility of the proposed regulations;
and (2) The potential costs for a local government to implement the proposed regulations.
(b) Notify the State Board of Health if the proposed regulations would impact residential individual systems for the dis4.
[3.] 4.
[3.] 5.
and (b) Any disproportionate impact on underserved communities in the respective river basins of this State.
and (b) Any disproportionate impact on underserved communities in [4.] 6.
[4.] 5.
- *AB146_R1* – 6 – [5.] 6.
[5.] 7.
As used in this section, “plant for sewage treatment” means any facility for the treatment, purification or disposal of sewage.
As used in this section [, “plant] :
7.
(a) “Block” means the smallest geographic unit whose boundaries were designated by the Bureau of the Census of the - 81st Session (2021) – 6 – United States Department of Commerce in its topographically integrated geographic encoding and referencing system.
As used in this section:
(b) “Block group” means a combination of blocks.
(a) “Public water system” has the meaning ascribed to it in NRS 445A.840.
(c) “Census tract” means a combination of blocks whose num(d) “Plant for sewage treatment” means any facility for the treatment, purification or disposal of sewage.
(b) “Underserved community” means:
(e) “Public water system” has the meaning ascribed to it in NRS 445A.840.
(f) “Underserved community” means:
or (III) At least 20 percent of households were not proficient in the English language.
or (III) At least 20 percent of households were not proficient in the English language;
(2) A community in this State with at least one public school:
or (2) A community in this State with at least one public school:
or (II) That participates in universal meal service pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296.
or (II) That participates in universal meal service pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, PubSec.
Sec.
NRS 445A.435 is hereby amended to read as follows:
11NRS 445A.435 is hereby amended to read as follows:
Perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution and conditions thereof relating to participation in and administration by this State of the National Pollutant Discharge Elimination System;
Perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of - 81st Session (2021) – 7 – fluids through a well and the control of water pollution and conditions thereof relating to participation in and administration by this State of the National Pollutant Discharge Elimination System;
Perform any acts necessary to control the infiltration of contaminants into underground water resulting from - *AB146_R1* – 7 – contaminated fluids or soils, including, without limitation, submitting a recommendation to the Commission for the adoption of regulations pursuant to NRS 445A.425;
Submit recommendations to the Commission for the infiltration of contaminants into underground water resulting from contaminated fluids or soils pursuant to NRS 445A.425;
Maintain or require supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records and devices for continuing observation and establish or require these supervisors and operators to establish procedures for making inspections and obtaining samples necessary to prepare reports;
Maintain or require supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records and devices for continuing observation and establish or require these supervisors obtaining samples necessary to prepare reports;g inspections and [7.] 8.
[7.] 8.
Sec.
- 81st Session (2021) – 8 – Secs.
7.
7 and 8.
8.
(Deleted by amendment.) Sec.
A holder of a permit for a publicly owned treatment works shall notify and supply the Department with - *AB146_R1* – 8 – information concerning any new or increased introduction of pollutants into the treatment works.
A holder of a permit for a publicly owned treatment works shall notify and supply the Department with pollutants into the treatment works.creased introduction of 2.
2.
Sec.
Secs.
10.
10-12.
11.
(Deleted by amendment.) Sec.
12.
(Deleted by amendment.) Sec.
2.
regulations adopted by the Commission pursuant to applicable federal law.
Notification must be in the manner provided in the regulations adopted by the Commission pursuant to applicable federal law.
An opportunity for each permit applicant, interested agency, city, county , Indian tribe or irrigation district located downstream from the point of discharge, or any person to request a public hearing conducted by the Director with respect to each permit application;
An opportunity for each permit applicant, interested agency, city, county , Indian tribe or irrigation district located downstream - 81st Session (2021) – 9 – from the point of discharge, or any person to request a public hearing conducted by the Director with respect to each permit application;
and - *AB146_R1* – 9 – 2.
and 2.
For public notice of the hearing, at least 30 days before the date of the hearing.
For public notice of the hearing, at least 30 days before the The provisions of this section do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.
 The provisions of this section do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.
445A.675 1.
445A.707, if the Director finds that any person is engaged or isRS about to engage in any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, any standard or other regulation adopted by the Commission pursuant to those sections, or any permit issued by the Department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the Director may:
Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, any standard or other regulation adopted by the Commission pursuant to those sections, or any permit issued by the Department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the Director may:
The remedies and sanctions specified in subsection 1 are cumulative, and the institution of any proceeding or action seeking any one of the remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of the remedies or sanctions.
The remedies and sanctions specified in subsection 1 are cumulative, and the institution of any proceeding or action seeking - 81st Session (2021) – 10 – any one of the remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of the remedies or sanctions.
- *AB146_R1* – 10 – Sec.
Sec.
445A.680 Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or about to engage in any act or practice which violates any provision of NRS 445A.565 and 445A.570, and section 1.5 of this act, or any standard or other regulation adopted pursuant thereto, with respect to a diffuse source:
the Director finds that any person is engaged or about to engage in any act or practice which violates any provision of NRS 445A.565 and 445A.570, and section 1.5 of this act, or any standard or other regulation adopted pursuant thereto, with respect to a diffuse source:
445A.690 1.
445A.707, if the Director finds that any person is engaged or isRS about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or of any rule, regulation or standard promulgated by the Commission, or of any permit or order issued by the Department pursuant to NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, the Director may issue an order:
Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or of any rule, regulation or standard promulgated by the Commission, or of any permit or order issued by the Department pursuant to NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, the Director may issue an order:
2.
- 81st Session (2021) – 11 – 2.
- *AB146_R1* – 11 – Sec.
445A.695 NRS 1.
19.
Exceptis heasbyotherwiseto rprovidedollins:
NRS 445A.695 is hereby amended to read as follows:
NRS 445A.707, the Director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or any permit, rule, regulation or order issued pursuant thereto.
445A.695 1.
Except as otherwise provided in NRS 445A.707, the Director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or any permit, rule, regulation or order issued pursuant thereto.
445A.700 1.
to 445C.120, inclusive, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation.
Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation.
Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to the penalty provided in subsection 1, the Department may recover from the person actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, any regulation or standard adopted by the Commission, or permit or final order issued by the Department, except the violation of a provision concerning a diffuse source.
Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to the penalty provided in subsection 1, the Department may recover from the person actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, any regulation or standard adopted by the Commission, or permit or final order issued - 81st Session (2021) – 12 – by the Department, except the violation of a provision concerning a diffuse source.
(a) Any expenses incurred in removing, correcting and terminating any adverse effects resulting from a discharge or the injection of contaminants through a well;
(a) Any expenses incurred in removing, correcting and injection of contaminants through a well;
and - *AB146_R1* – 12 – (b) Compensation for any loss or destruction of wildlife, fish or aquatic life.
andm a discharge or the (b) Compensation for any loss or destruction of wildlife, fish or aquatic life.
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or by any permit, rule, regulation or order issued pursuant thereto, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or by any permit, rule, regulation or order issued pursuant thereto, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than days, or by both fine and imprisonment.y jail for not more than 364 2.
2.
Sec.
- 81st Session (2021) – 13 – Sec.
H - *AB146_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Chapter 513.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 576 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. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 576.) To printer.

  9. From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate. Read first time. Referred to Committee on Natural Resources. To committee.

  10. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 16.) To printer.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 338.) Dispensed with reprinting.

  12. Notice of eligibility for exemption.

  13. From printer. To committee.

  14. Read first time. Referred to Committee on Natural Resources. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 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

Who sponsors AB 146?
AB 146 is sponsored by Peters, Sarah.
What is the current status of AB 146?
This bill has been enacted into law. Introduced February 18, 2021. Enacted.
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