Revises provisions relating to water conservation. (BDR 40-337)
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AB 220 — Revises provisions relating to water conservation. (BDR 40-337)
Last action — Chapter 210.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 23, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 06, 2023.
Prognosis
Where this bill stands today.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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.
Bill Text
What changed in the latest version
953 added · 783 removed953 line(s) added, 783 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.
220220–Committee Aon SSEMBLYNatural BResources ILLNCHAPTER.......... O.
220–COMMITTEE ON NATURAL RESOURCES (ON B EHALF OF THE JOINT INTERIM S TANDING C OMMITTEE ON N ATURAL RESOURCES ) FEBRUARY 23,2023 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to water conservation.
(BDR 40-337) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 1) (NOT REQUESTED BYAFFECTEDLOCAL GOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiringauthorizing certaina district board of health to establish a program to pay the costs for property owners with a septic system to connect to a community sewerage disposal system byunder Januarycertain 1,circumstances; 2054;
revising provisions relating to water andsystems; sewer facilities;
revising conditions under which the State Engineer may require the plugging of certain wells used for domestic purposes;
defining certain terms relating to thetheor Conservation of Colorado River Water Act;
and providingotherproviding other matters properly relatingthereto.relating thereto.
-Legislative *AB220_R1*Counsel’s –Digest: 2 – LegUnder existing law, a district board of health may adopt regulations to control the use of a residential individual system for disposal of sewage in the district.
(NRSUnder 444.650)existing Existinglaw, law also authorizes a district board of health,health uponmay approval of the State Board of Health, to adopt regulations to regulatecontrol sanitation(NRS and444.650) theExisting sanitarylaw protectionalso ofauthorizes watera anddistrict foodboard supplies.of health, uponstrict.
(NRSapproval 439.366, 439.410) Section 1 of thisthe billState requiresBoard a district board of healthHealth, into aadopt countyregulations whoseto populationregulate issanitation 700,000and orthe moresanitary (currentlyprotection onlyof Clarkwater County)and to:food supplies.
(1)(NRS require439.366, all439.410) financial assistance program to pay 100 percent of the costs for property ownersownersry with an existing septic system whose property is served by a latermunicipal thanwater Januarysystem 1,to 2054;connect to the community sewerage disposal system.
andSection (2)1 enteralso: into an agreement with a water authority to establish a program to pay not less than 85 percent of the cost for property owners to abandon an existing individual septic system and connect to the community sewerage disposal system.
Section(1) 1- also82nd Session (2023) – 2 – authorizes such a district board of health to, upon an affirmative vote of two-thirds of the members of the board, impose a voluntary fee on owners of such septic systems to carry out such requirements.requirements;
Sectionand 2(2) ofif thissuch bill makes a conformingvoluntary changefee tois indicateimposed, prohibits the properdistrict placementboard of sectionhealth 1from inpaying the Nevadacosts Revisedof Statutes.connecting to the community sewerage disposal system for any property owner who does not pay the voluntary fee.
UnderSection existing2 law,of this bill makes a permitconforming change to operateindicate the bill requires a waterdistrict systemboard mayof nothealth bethat issuedcreates bysuch thea Naturalvoluntary Resourcesfinancialis assistance program to, on or certainbefore districtDecember boards31, 2024, submit to the Director of healththe unlessLegislative certainCounsel conditionsBureau area met,report including,setting withoutforth limitation,the that:number of participants in the program and recommendations for legislation.
Under existing law, a permit to operate a water system may not be issued by the Division of Environmental Protection of the State Department of Conservation and Natural Resources or certain district boards of health unless certain conditions are met, including, without limitation, that:
and (4) the owners agree that if the Division determines that water provided by a public utility or a municipality or other public entity is reasonably available, all users may be required to connect to the water system provided by the public utility, (NRSmunicipality 445A.895)or Sectionother 4public ofentity thisand billbe revisesassessed thesethe conditionscosts to:for the connection.
(1) provide that, with certain exceptions, the sole and exclusive obligation of the local governinggoverningat, body is to use the surety in the event of a default to contract and pay the operator responsible for the continued operation and maintenance of the water system;
and (2)(3) provide that if the Division determines that water provided by a public utility or a municipality or other public entity is reasonably available, all users of the water system in certain counties are required to connect.
Section 44.5 of this bill makes conforming changes to revise certain provisions relating to the disposition of the proceeds of assessments and sureties imposed by a local governing body for a public water system in the event of a default.
UnderSection existing2.3 law, a board of countythis commissionersbill ofdefines a“local countygoverning whosebody” populationfor is 700,000 or more (currently only Clark County) is authorized to prohibit certain persons, associations and corporations from using, constructing, acquiring or cause or permit the use,purposes construction or acquisition of anythe typeprovisions of privatesections sewage4 system and to4.5. provide for the disconnection of any plumbing facilities from a private sewage system.
(NRS 244.366) Section 82.6 of this bill alsomakes authorizes such a boardconforming ofchange county commissioners to requireindicate any building or other public sewage system if the buildingproper orplacement otherof structuresection is2.3 servedin by a municipal to a water system and is within 400 feet of the serviceNevada linesRevised andStatutes. appurtenances of a public sewage system.
Under existing law, if the State Environmental Commission determines that, in relevant part, water provided by a public utility or a municipality or other public -entity *AB220_R1*is –reasonably 3available –to commissionersusers of thata countywater maysystem, requirethe allboard users of thecounty system to connect into the available water system provided by a public utility or a municipality or other public entity.
(NRS 244.3655) Section 7 of this bill provides instead that if the Commission determines that water provided by a public utility or a municipality or other public entity may be accessed within 1,250 feet of any lot or parcel served by the water system, the board of county commissioners shall, in a county whose population is 700,000 or more (currently only Clark County), and may, in all other counties, require all users of the system to connect into the available water system proUnder existing law, if the State Environmental Commission or the governing body of certain cities determines certain water systems or package plants for sewage treatment within the city limits are not serving the needs of its users and water or sewerage provided by a public utility,utility the city or anothera municipality or other public entityentity. is reasonably available to those users, the governing body may require all users of the system or plant to connect into the available water system or sewers and assess each lot or parcel for its share of the cost.
(NRSUnder 268.4102,existing 268.4105)law, Sectionif 10the State Environmental Commission or the governing body of thiscertain billcities providesdetermines insteadcertain thatwater ifsystems within the city limits are not serving the needs of its users and water systemprovided by a public utility, the city or sewerage- may82nd beSession accessed(2023) within– 1,2503 feet– ofanother themunicipality propertyor ofpublic suchentity is reasonably available to those users, the governing body ofmay a require all users of the system to connect.connect into the available water system and assess each lot or parcel for its share of the cost.
(NRS 268.4102) Section 1110 of this bill provides instead that if the propertywater servedsystem bymay abe packageaccessed plantwithin for1,250 sewagefeet treatmentof receivesthe waterproperty fromof asuch municipalusers, water system, the governing body of a county whose population is 700,000 or more (currently only Clark County) shall require all county may require all users to connect in such circumstances.rning bodies of a Existing law sets forth an approval process for the plantsubdivision toof connect.land that requires:
Sections 10 and 11 also provide that all other governing bodies of a county may require all users to connect in such circumstances.
Section 9 of this bill provides that if the governing body of a city in a county whose population is 700,000 or more determines that a private septic system or any package plant for sewage treatment is located within the city and a user of the municipal water system, the governing body must require all users of the septic a system or package plant for sewage treatment to connect to the public sewers and may assess each lot or parcel for its share of the cost for the connection.
Existing law sets forth an approval process for the subdivision of land that requires:
(NRS 278.330- 278.460) Sections 13 and 16 of this bill require that if a proposed subdivision will more,be theserved planningby commissiona orpublic the governing body, as applicable, must file ther tentative map with the supplier of water forsystem: review and comment;
(1) in a county whose population is 700,000 or more, the planning commission or the governing body, as applicable, must file the tentative map with the supplier of water for review and comment;
Underand existingacknowledgments law, a final map presented for filing must include certificates this bill requires that if a subdivision in a county whose population is 700,000 or more or in a general improvement district will be served by a public water system, the final map presented for filing must include a certificate of approval from thecertain supplierentities. of water.
Show all 353 changed lines (313 more)
-(NRS *AB220_R1*278.374-278.378) –Section 414 –ofates placementthis ofbill sectionsrequires 13that andif 14a subdivision in a county whose population is 700,000 or more or in a general improvement district will be served by a public water system, the Nevadafinal Revisedmap Statutes.presented for filing must include a certificate of approval from the supplier of water.
Section 15 of this bill makes conforming changes to indicate the proper placement of sections 13 and 14 in the Nevada Revised Statutes.
Existing law establishes certain minimum standards for plumbing fixtures in new construction, expansions and renovations in residential, commercial, industrial or manufactured structures, public buildings, manufactured homes and mobile homes and requires the use of certain plumbing fixtures that have been certified under the WaterSense program established by the United States EnvironmentalifiedEnvironmental Protection Agency if a final product specification has been developed by the and 24 of this bill require that, with certain exceptions, if the WaterSense program has established a final product specification for an irrigation controller or spray sprinkler body, any new construction, expansions and renovations on such structures, buildings and homes must install irrigation controllers and spray sprinkler bodies that have been certified under the WaterSense program.
(NRSExisting 278.582,law 338.193,establishes 461.175,a 489.706)program Sectionsto 6,provide 20,grants 22of andmoney 24for ofwater thisconservation billand requirescapital that,improvements withto certain exceptions,water ifsystems, theincluding WaterSensegrants programto has established a final product specification for an irrigationeligible controllerrecipient orto spraypay sprinklercertain body,costs anyassociated newwith construction,connecting expansionsa andwell renovationsto ona suchmunicipal structures,water buildingssystem and homes must install irrigation controllers and spray sprinkler bodies that have been certified under thecertain WaterSensecircumstances. program.
Existing(NRS law349.981) establishesSection a23 programof tothis providebill grantsprovides ofinstead money for watergrants anof eligiblemoney recipient to pay certain costs associated with connecting- 82nd Session (2023) – 4 – plugging and abandoning a well and connecting the property formerly served by the well to atoa municipal water system under certain circumstances.
(NRS 349.981) Section 23 of this bill provides instead for grants of money to pay certain costs associated with plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system under certain circumstances.
(NRS 533.027) Section 24.5 of this bill also exempts the use of water by public agencies or volunteer fire departments to extinguish fires in UnderaUnder existing law, the State Engineer may issue temporary permits to appropriate groundwater in certain designated areas which may be revoked if the property served by the permit is within 180 feet of water furnished by an entity such as a water district or a municipality and the well needs to be redrilled or have certain repairs made.
and (2) authorizes the State Engineer to revoke such a temporary permit if the property served by the temporary permit is within 1,250 feet of water furnished by a public entity such as a water indistrict whichor sucha temporarymunicipality. permits have been issued:
(1)Section deny26 applicationsalso requires the State Engineer to, in an area appropriatein groundwaterwhich ifsuch atemporary publicpermits entityhave thatbeen furnishesissued: water serves the area;
(1) deny applications to appropriate groundwater if a public entity that furnishes water serves the area;
Under existing law, the State Engineer may require the plugging of certain domestic wells drilled in a basin in which such wells must be registered if water can be furnished by certain entities, but only if the charge for connecting to the furnished water is less than $200.
(1)(1)e removes the requirement that the charge for connecting be less than $200;
and (2) system.srequires plugging of a well if the well is within 1,250 feet of a municipal water Existingsystem. law requires that applications for the appropriation of water or to change the place of diversion, manner of use or place of use of certain waters must be made to the Colorado River Commission.
(NRSExisting 538.171)law Sectionrequires 27.5that ofapplications thisfor - *AB220_R1* – 5 – appropriate certain waters be submitted to the Coloradoappropriation River Commission.ent to The Conservation of Coloradowater Riveror Waterto Actchange prohibits, with certain exceptions, the watersplace of thediversion, Coloradomanner Riverof thatuse are distributed by the Southern Nevada Water Authority or oneplace of theuse member agencies of thecertain Authoritywaters frommust beingbe usedmade to irrigatethe nonfunctionalColorado turfRiver onCommission. any property that is not zoned exclusively for a single-family residence on and after January 1, 2027.
(Section(NRS 39538.171) of chapter 364, Statutes of Nevada 2021, at page 2180) Section 3127.5 of this bill prohibitsalso therequires usethat ofapplications suchto waterschange of the Coloradoholder River for irrigating nonfunctional residence.y parcel of propertythe thatentitlement isto notappropriate usedcertain exclusivelywaters asbe asubmitted single-familyto Section 28 of this bill defines “General Manager” for the purposes of the Conservation of Colorado River WaterCommission. Act.
SectionThe 29Conservation of thisColorado billRiver authorizesWater theAct Boardprohibits, ofwith Directorscertain exceptions, the waters of the AuthorityColorado toRiver restrictthat are distributed by the useSouthern Nevada Water Authority or one of waterthe bymember aagencies single-familyof residencethe toAuthority notfrom morebeing thanused 0.5to acre-feetirrigate ofnonfunctional waterturf duringon any yearproperty inthat whichis anot shortagezoned onexclusively thefor Coloradoa Riversingle-family hasresidence beenon declaredand byafter theJanuary Federal1, Government.2027.
(Section 39 of chapter 364, Statutes of Nevada 2021, at page 2180) Section 31 of this bill prohibits the use of such waters of the Colorado River for irrigating nonfunctional turf on any parcel of property that is not used exclusively as a single-family resiSection 28 of this bill defines “General Manager” for the purposes of the Conservation of Colorado River Water Act.
Section 29 of this bill:
(1) authorizes the Board of Directors of the Authority to restrict the use of water by a single- family residence to not more than 0.5 acre-feet of water during any year in which the Federal Government reduces Nevada’s allocation of the Colorado River to 270,000 acre-feet or less;
and (2) requires the Board of Directors to establish a process to approve a waiver of such restrictions on the use of water.
Any new turf installed - 82nd Session (2023) – 5 – on and after January 1, 2024, must meet the requirements established by the Board of Directors, unless the General Manager approves a waiver.
Section 29 further:further prohibits the installation of a new septic system on any parcel of property that uses such waters of the Colorado River.
(1)Section prohibits30 the installation of athis newbill septicrequires systemcertain onparcels any parcel of property thatwhich usesuse such waters of the Colorado River;River to participate in an irrigation water efficiency monitoring program if the property:
and(1) (2)is requiresnot anyused parcelexclusively ofas propertya whichsingle-family uses(1) suchrequires waters of the ColoradoBoard River to discontinue the use of theDirectors septicto systemdevelop and connectestablish topolicies, aguidelines publicand sewerdeadlines systemfor ifparticipation thein propertysuch servedan byirrigation thewater existingefficiency septicmonitoring systemprogram; is connected to a municipal water system.
Section 30 of this bill requires certain parcels of property which use such waters of the Colorado River to participate in an irrigation water efficiency residence;
and (2) consists of 20,000 square feet or more of turf.
Section 30 also:
(1) requires the Board of Directors to develop and establish policies, guidelines and deadlines for participation in such an irrigation water efficiency monitoring program;
(Section 13 of chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2387) Section 33 of this bill also authorizes the Authority, in consultation with the Advisory Committee, to operate a program to convert any property served by a septicAuthority system to assess a municipalfee seweron system.users of groundwater and owners of domestic wells for the program to convert septic systems.
SectionThe 32 of this bill authorizes the Authority to assess a fee on users of groundwater and owners of domestic wells for theThe Southern Nevada Water System Act of 1995 establishes certain powers and duties of the Authority.
(Section 2 of chapter 393, Statutes of Nevada 1995, at page 963) Section 34 of this bill authorizes the Board of Directors of the Authority, by resolution, to authorize the General Manager of the Authority to restrict water - *AB220_R1* – 6 – usage during certain water emergencies and shortages and provides that the Board of Directors must ratify any such restrictions imposed by the General Manager.
THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
THE PSENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
IN Section 1.
The district board of health shallmay requirecreate a voluntary financial assistance program to pay 100 percent of the cost for a property owner with an existing septic system whose property is served by a municipal water system to abandon the septic system and connect to the community sewerage disposal systemsystem. not later than January 1, 2054.
ToUpon carryan outaffirmative thevote requirementof two-thirds of subsectionall 1,the members of the district board of healthhealth, shallthe enterdistrict intoboard anof agreementhealth withmay impose a watervoluntary authorityannual createdfee byon cooperativeproperty agreementowners pursuantwith toexisting chapter- 27782nd ofSession NRS(2023) to– establish6 a– programseptic tosystems paywhose not less than 85 percent of the cost for property ownersis toserved abandonby a septicmunicipal water system andto connectcarry toout athe communityprovisions sewerageof disposalthis system.section.
Such a program must pay such costs for up to 200 property owners each calendar year.
UponIf an affirmative vote of two-thirds of all the members of the district board of health, the district board of health mayimposes impose a feevoluntary onannual propertyfee ownerspursuant with existing septic systems to carrysubsection out2: the provisions of this section.
the largest community sewerage disposal system in the county or counties, as applicable, in which the district board of health has been established;
and (b) The district board of health shall not provide financial assistance to any property owner who does not pay the voluntary fee.
The district board of health shall adopt regulations to carry the provisions of this section, which:
(a) Must prioritize properties with a septic system where the community sewerage disposal system is adjacent to the property;
and (b) May, upon an affirmative vote of two-thirds of all the members of the district board of health, provide for administrative penalties for noncompliance with the provisions of this section.
5.
In carrying out the program created pursuant to subsection 2, the district board of health may:
(a) Grant a one-time extension of not more than 5 years to a property owner that is required to abandon a septic system and connect to a community sewerage disposal system if there is insufficient money for the program to pay 85 percent of the cost pursuant to subsection 2;
(b) Enter into agreements with the governing body of a county or city to establish special improvement districts and landscape improvement districts;
(c) Revoke a septic permit held by any property owner who fails to pay the fee authorized pursuant to subsection 3, if imposed, and require such property owner to immediately connect to a - *AB220_R1* – 7 – community sewerage disposal system without financial assistance;
and (d) Enter into cooperative agreements pursuant to chapter 277 of NRS to secure money for the program created pursuant to subsection 2.
6.
2.3.
Chapter 445A of NRS is hereby amended by adding thereto a new section to read as follows:
“Local governing body” means:
located within the limits of the incorporated city all or any part of an area serviced by a water system;
or 2.
The board of county commissioners of a county in which is located within the unincorporated area of the county all of an area serviced by a water system.
Sec.
2.6.
NRS 445A.805 is hereby amended to read as follows:
445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and section 2.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, and section 2.3 of this act have the meanings ascribed to them in those sections.
Sec.
445A.890 Before making the finding specified in NRS 445A.910 and before making the determinations specified in - 82nd Session (2023) – 7 – NRS 244.3655, 268.4102 and 445A.895, the Commission or Division , as applicable, shall request comments from the:
3.system is located;
Localandnt government within whose jurisdiction the water system4. is located;
and 4.
(a) [Responsibility in case of] That, except as otherwise provided in paragraph (b), in the event of a default by the builder , [or] developer or owner of the water system , the sole and exclusive - *AB220_R1* – 8 – obligation of the local governing body shall be to use the surety furnished to the local governing body pursuant to subsection 5 to contract with and pay the operator of the water system for [its] the continuedterms operation and maintenanceconditions [inof accordancethe withpermit.] allof the termswater andsystem.ll conditionsthe (b) [The] To assume the duty of assessing the permit.]lands served as provided in subsection 6 [.] in the event of default by the builder, developer or owner of the water system.
(b) [The] To assume the duty of assessing the lands served as provided in subsection 6 [.] in the event of default by the builder, developer or owner of the water system.
- 82nd Session (2023) – 8 – 6.
(a) Furnish the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate, properly established and funded reserve account or any other form acceptable to the governing body, to ensure the continuedcontinuedher form maintenance and operation of the water system and continued technical, financial and managerial capability of the water system;
and - *AB220_R1* – 9 – (3) An acknowledgementacknowledgment of and agreement with the obligations of the local governing body pursuant to subsection 4 and7.ubIf the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and subsectionoccupant 3of each residence located closer than 100 feet consent to the construction of NRSthe 445A.905.system at a closer distance.
7.
If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.
and (b) Water provided by a public utility or a municipality or other public entity is reasonably available, - the82nd localSession governing(2023) body– shall,9 in– a county whose population is 700,000 or more, and may, in all other counties, pursuant to NRSNRSs 244.3655 or 268.4102, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system.
445A.905parcels 1.and the sureties required pursuant to NRS 445A.895 must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the:
The proceeds of any assessments upon lots or parcels and the sureties required pursuant to NRS 445A.895 must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the:
- *AB220_R1* – 10 – 2.
If any surplus exists in the proceeds of assessments and the sureties required pursuant to NRS 445A.895 after all purposes of the assessments and sureties have been fully met, the surplus must be refunded to the persons who paid the assessments,assessments [,] and sureties, in the proportion that their respective assessments bearand to the gross proceeds of all assessments collected by the local governing body.
all assessments and sureties 3.
or - 82nd Session (2023) – 10 – (c) Collect any unpaid assessment, unless the local governing body has agreed to assume the duty for the assessments pursuant to subsection 4 of NRS 445A.895.
(Deleted by amendment.) Sec.461.175 1.NRS 4Each75 ismanufacturedded tbuildings foonows:which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
6.
NRS 461.175 is hereby amended to read as follows:
461.175 1.
Each manufactured building on which construction begins 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 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.
(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.
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product - *AB220_R1* – 11 – 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.
- 82nd Session (2023) – 11 – 4.
5.on or after January 1, 2024, and each existing manufacturedins building which is expanded or renovated on or after January 1, 2024:
Each manufactured building on which construction begins on or after January 1, 2024, and each existing manufactured building which is expanded or renovated on or after January 1, 2024:
(a) A water system which is located in a county and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users;
and July 1, 1991, is not satisfactorily serving the (b) Water provided by a public utility or a municipality or other public entity [is reasonably available to those users,] may be accessed within 1,250 feet of any lot of parcel served by the water system, the board of county commissioners of that county shall, in a county whose population is 700,000 or more, and may , in all other counties, require all users of the system to connect into the available water system provided by a public utility or a municipality - *AB220_R1* – 12 – or other public entity, and may assess each lot or parcel served for its proportionate share of the costs associated with connecting into that water system.
- 82nd Session (2023) – 12 – 2.
Sec.Secs.
8.8 and 9.
NRS(Deleted 244.366by isamendment.) herebySec. amended to read as follows:
244.366 1.
The board of county commissioners of any county whose population is 700,000 or more has the power, outside of the limits of incorporated cities and towns:
(a) To construct, acquire by gift, purchase or the exercise of eminent domain, otherwise acquire, reconstruct, improve, extend, better and repair water and sewer facilities, such as:
(1) A water system, including but not limited to water mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all appurtenances and machinery necessary or useful and convenient for obtaining, transporting or transferring water.
(2) A water treatment plant, including but not limited to reservoirs, storage facilities, and all appurtenances necessary or useful and convenient thereto for the collection, storage and treatment, purification and disposal of water for domestic uses and purposes.
(3) A storm sewer or sanitary sewage collection system, including but not limited to intercepting sewers, outfall sewers, force mains, collecting sewers, storm sewers, combined sanitary and storm sewers, pumping stations, ejector stations, and all other appurtenances necessary, useful or convenient for the collection, transportation and disposal of sewage.
(4) A sewage treatment plant, including but not limited to structures, buildings, machinery, equipment, connections and all appurtenances necessary, useful or convenient for the treatment, purification or disposal of sewage.
(b) To acquire, by gift, purchase or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith, including but not limited to easements, rights-of-way, contract rights, leases, franchises, approaches, dams and reservoirs.
(c) To operate and maintain those water facilities, sewer facilities, lands, rights in land and water rights.
(d) To sell, lease, donate for public use and otherwise dispose of those water facilities, sewer facilities, lands, rights in land and water rights.
(e) To prescribe and collect rates, fees, tolls or charges, including but not limited to the levy or assessments of such rates, - *AB220_R1* – 13 – fees, tolls or charges against governmental units, departments or agencies, including the State of Nevada and political subdivisions thereof, for the services, facilities and commodities furnished by those water facilities and sewer facilities, and to provide methods of collections, and penalties, including but not limited to denial of service, for nonpayment of the rates, fees, tolls or charges.
(f) To provide it is unlawful for any persons, associations and corporations owning, occupying or in any way controlling any building or other structure, any part of which is within 400 feet of any street, alley, court, passageway, other public highway, right-of- way, easement or other alley owned or occupied by the county in which a public sewer is then in existence and use, to construct, otherwise acquire, to cause or permit to be constructed or otherwise acquired, or to use or continue to use any private sewage disposal plant, privy vault, septic system, septic tank, cesspool or other private sewage system, upon such terms and conditions as the board of county commissioners may provide.
(g) To provide for the disconnection of plumbing facilities from any [of those] private sewage disposal plant, privy vault, septic system, septic tank, cesspool or other private sewage [facilities] system or facility and for the discontinuance and elimination of [those] such a private sewage [facilities.] system or facility.
(h) To require any building or other structure that uses or is served by any private sewage disposal plant, privy vault, septic system, septic tank, cesspool or other private sewage system or facility to connect to a public sewage system if the building or other structure is served by a municipal water system and is within 400 feet of the service lines and appurtenances of public sewage system provided by a public utility, municipality or other public entity.
2.
The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law.
No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
3.
This section, being necessary to secure and preserve the public health, safety and convenience and welfare, must be liberally construed to effect its purpose.
4.
Any person, association or corporation violating any of the provisions of any ordinance adopted pursuant to this section is guilty of a misdemeanor.
5.
As used in this section, “septic system” means a well that is used to place sanitary waste below the surface of the ground, - *AB220_R1* – 14 – which is typically composed of a septic tank and a subsurface fluid distribution system or disposal system.
Sec.
9.
Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
If the governing body of a city in a county whose population is 700,000 or more determines that:
(a) A private septic system or a package plant for sewage treatment is located within the city limits;
and (b) A user of the private septic system or package plant for sewage treatment receives water from a municipal water system, the governing body shall require all users of the private septic system or package plant for sewage treatment to connect into the available sewers provided by the public utility, the city or another municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into such sewers.
These assessments are not subject to the jurisdiction of the Public Utilities Commission of Nevada.
2.
As used in this section, “septic system” means a well that is used to place sanitary waste below the surface of the ground that is typically composed of a septic tank and a subsurface fluid distribution or disposal system.
Sec.
268.4102determines 1.that:f the State Environmental Commission (a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users;
If the State Environmental Commission determines that:
(a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users;
NRS(Deleted 268.4105by isamendment.) herebySec. amended to read as follows:
268.4105 1.
If the governing body of the city determines that:
- *AB220_R1* – 15 – (a) A package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is not satisfactorily serving the needs of its users;
and (b) [Sewerage provided by a public utility, the city or another municipality or other public entity is reasonably available to those users,] A user of the private septic system or package plant for sewage treatment receives water from a municipal water system, the governing body shall, in a county whose population is 700,000 or more, and may , in all other counties, require all users of the plant to connect into the available sewers provided by [a] the public utility, the city or another municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into those sewers.
These assessments are not subject to the jurisdiction of the Public Utilities Commission of Nevada.
2.
If the State Department of Conservation and Natural Resources has found that a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is violating any of the conditions of NRS 445A.465 to 445A.515, inclusive, and has notified the holder of the permit that he or she must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the governing body of the city in which the plant is located may take the following actions independently of any further action by the State Department of Conservation and Natural Resources:
(a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the governing body of the city will seek a court order authorizing it to assume control;
and (b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the governing body to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 4.
3.
If the governing body of the city determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, without complying with any of the requirements set forth in subsection 2.
The governing body may not maintain control of the plant pursuant to this subsection for a period greater than 30 days - *AB220_R1* – 16 – unless it obtains an order from the district court authorizing an extension.
4.
Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is subject to assessment by the governing body of the city in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the city assumes control and operation of the plant pursuant to subsection 2 or 3.
Sec.
Chapter 278 of NRS is hereby amended by adding theretotheSec. the provisions set forth as sections 13 and 14 of this act.
Sec.
In a county whose population is 700,000 or more,more,is whenact. any subdivider proposes to subdivide land that will be served by a public water system, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body, shall file a copy of the subdivider’s tentative map with the supplier of water.
when any subdivider proposes to subdivide land that will be served by a public water system, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body, shall file a copy of the subdivider’s tentative map with the supplier of water.
A final map presented for filing which is subject to the provisions of NRS 278.347 or section 13 of this act must include a certificate by the supplier of water showing that the final map is approved by the supplier of water with regard to the availability- of82nd waterSession which(2023) meets– applicable13 health– standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision.
When any subdivider proposes to subdivide land, any part of which is located within the boundaries of any general improvement district organized or reorganized pursuant to chapter 318 of NRS, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall file a copy of the subdivider’s tentative map with [the] :
The board of trustees maymay(b) within]If ;the subdivision will be served by a public water system, the supplier of water in the district.
and - *AB220_R1* – 17 – (b) If the subdivision will be served by a public water system, the supplier of water in the district.
The planning commission or governing body shall take any such comments submitted pursuant to subsection 2 by the board of trustees and the supplier of water, if applicable, into consideration beforebefSec. approving the tentative map.
Sec.
or (b)- 82nd Session (2023) – 14 – days,) In a county whose population is less than 700,000, within 60 days, after receipt of the planning commission’s recommendations.
(b) The availability of water which meets applicable health standardsneeds andof isthe sufficientsubdivision;nt in quantity for the reasonably foreseeable needs(c) ofThe theavailability subdivision;and accessibility of utilities;
(c)(d) The availability and accessibility of utilities;public services such as schools, police protection, transportation, recreation and parks;
- *AB220_R1* – 18 – (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;
(i) The recommendations and comments of those entities and persons278.3485, reviewinginclusive;e the tentative map pursuant to NRS 278.330 to 278.3485,(j) inclusive;The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands;
(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands;
and (l) The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording- requirements82nd ofSession paragraph(2023) (f)– of15 subsection– 1 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.
and (b) For any tentative map subject to the requirements of NRS 278.347 or section 13 of this act, the supplier of water that will serve the subdivision has determined that there is available water which meets applicable health standards and is sufficient in quantity forAny thedisapproval reasonablyor foreseeableconditional needsapproval ofmust theinclude subdivision.adivision.
Any disapproval or conditional approval must include a statement of the reason for that action.
- *AB220_R1* – 19 – Sec.
If the map includes the reversion of any street or easement owned by a city, a county or the State, the provisions of NRS 278.480 must be followed before approval of the map.map.visions of 2.
2.
The professional land surveyor may state in the certificate that he or she assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from - 82nd Session (2023) – 16 – the document.
(b) Be clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in thetheals of a engineering profession.
Each future conveyance of the reverted property must contain a metes and bounds legal description of the property and - *AB220_R1* – 20 – must include the name and mailing address of the person who prepared the legal description.
If a county or city has no building code, it shall adopt those requirements by ordinance and provide for their enforcement by its own officers or employees or through interlocal agreement by the officers or employees of another local government.
(a)- A82nd toiletSession which(2023) uses– water17 must– not be installed unless its consumption of water does not exceed 3.5 gallons of water per its flush.
Except as otherwise provided in subsection [6,] 7, 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 forfor(a) plumbingA fixtures:toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(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.
- *AB220_R1* – 21 – (c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.
(f) Each faucet installed in a lavatory or kitchen must not allow waterwat(g) toEach flowfaucet atinstalled in a ratepublic greaterrestroom thanmust 2.5contain gallonsa permechanism minute.which closes the faucet automatically after a predetermined amount of water has flowed through the faucet.
(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.
Except as otherwise provided in subsection [6,] 7, each residential, commercial or industrial structure on which construction begins on or after January 1, 2020, and each existing residential, commercial- 82nd Session (2023) – 18 – on or industrialafter structureJanuary 1, 2020:ucture which is expanded or renovated on(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 afterfaucet, Januarymust 1,not 2020: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.
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final productproductates specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.
- *AB220_R1* – 22 – 6.
(1) Tested by an accredited third-party certifying body or laboratory in accordance with the United States Environmental Protection Agency’s WaterSense program or an analogous successor program;
(b)- If82nd theSession WaterSense(2023) program– modifies19 the– requirements for a plumbing fixture or landscape irrigation fixture to be certified under the WaterSense program, a plumbing fixture or landscape irrigation 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.
(b) Except as otherwise provided in federal law, do not prohibit the governing body of a county or city from adopting more stringent requirements for plumbing fixtures or landscape irrigation fixtures.
and - *AB220_R1* – 23 – (c) The same certificates of approval as are required under NRS 278.377 and section 14 of this act, if applicable, or evidence that:
(1) The approvals were requested more than 30 days before the date on which the request for filing is made;
andanddays before (2) The agency has not refused its approval.
- 82nd Session (2023) – 20 – 3.
Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of any landowners affected by the modification and in accordance with the provisions of NRS 278A.410.278A.410.odification and in 4.
4.
Except as otherwise provided in subsection 6,8, 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:
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
not allow (d) A toilet or urinal which employs a timing device or other mechanism to flush periodically irrespective of demand must not be installed.
- *AB220_R1* – 24 – 3.
Except as otherwise provided in subsection 6,8, each public building, other than a prison or jail, on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing public building 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 device- to82nd reduceSession (2023) – 21 – per minute.educe water consumption to 2.5 gallons of water or less (c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per minute.flush.
(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.
Except as otherwise provided in subsection 6,8, 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 isison expanded or renovated on or after January 1, 2020:
For the purposes of subsection 4, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection [5] 6 of NRSNRS6.78.Each 278.582.public building, other than a prison or jail, on which construction begins on or after January 1, 2024, and each existing public building which is expanded or renovated on or after January 1, 2024:
- *AB220_R1* – 25 – 6.
Each public building, other than a prison or jail, on which construction begins on or after January 1, 2024, and each existing public building which is expanded or renovated on or after January 1, 2024:
(b)- If82nd theSession WaterSense(2023) program– has22 not– developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body 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 public building has been expanded or renovated since its original construction.conSec.
Sec.
(4) Measurement or metering of the use of water;
and - *AB220_R1* – 26 – (6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.
(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State- Engineer82nd pursuantSession to(2023) NRS– 534.12023 – groundwater basin is being depleted:20 as an area where the groundwater(1) basinAny islocal beingor depleted:regional fee for connection to the municipal water system.
(1) Any local or regional fee for connection to the municipal water system.
(1) Any local or regional fee for connection to the communitycommun(2) sewageThe disposalcost system.of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.
(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.
(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with300f theet standardsseq., ofand the Saferegulations Drinkingadopted Waterpursuant Act,thereto.. 42 U.S.C.
§§ 300f(3) etThe seq.,cost of plugging and abandoning a well and connecting the regulationsproperty adoptedformerly pursuantserved thereto.by the well to a municipal water system.
(3)(f) TheA costgoverning ofbody pluggingto andpay abandoning a well and connecting the propertycosts formerlyassociated servedwith bydeveloping theand wellmaintaining to a municipal water system.resource plan.
- *AB220_R1* – 27 – (f) A governing body to pay the costs associated with developing and maintaining a water resource plan.
- 82nd Session (2023) – 24 – 3.
(a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.
(b) “Governing body” has the meaning ascribed to it in NRS(c) “Water resource plan” means a water resource plan created pursuant to NRS 278.015.278.0228.
(c) “Water resource plan” means a water resource plan created pursuant to NRS 278.0228.
(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 - *AB220_R1* – 28 – to reduce water consumption to 3 gallons of water or less per minute.
(c)- Each82nd faucetSession installed(2023) in– a25 lavatory– or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
not allow 2.
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final productproductates 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.
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final productproductates specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable - *AB220_R1*82nd Session (2023) – 2926 – requirements of federal law and the building code of the county or city.
For the purposes of subsection 5, a landscape fixture is considered certified under the WaterSense program if the fixture meetsNRS the278.582.quirements requirements of paragraph (a) or (b) of subsection 6 of NRSSec. 278.582.
Sec.
and] (b)(c) “Guzzler”“Public hasagency” themeans meaningan ascribedagency, tobureau, itboard, in NRS 501.121.
(c) “Public agency” means an agency, bureau, board, commission, department or division of this State or a political subdivision of this State.
In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by the State Engineer and from which the groundwater is being depleted, and in acting on applications- to82nd appropriateSession groundwater,(2023) the State Engineer may - *AB220_R1* – 3027 – designate such preferred uses in different categories with respect to the particular areas involved within the following limits:
(a) Water can be furnished by [an] a public entity such as a water district or a municipality presently engaged in furnishing waterwat(b) toThe property served is within 1,250 feet of the inhabitantswater thereoffurnished [.]pursuant ;to paragraph (a).
and (b) The property served is within 1,250 feet of the water furnished pursuant to paragraph (a).
[(d)] (c) Prohibit the drilling of wells for domestic use [, as defined in NRS 534.013,] in areas where water can be furnished by [an] a public entity such as a water district or a municipality presentlypre[(e)] engaged(d) inIn furnishingconnection waterwith to the inhabitantsapproval thereof.of a parcel map inf.
[(e)] (d) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.
[4.- 82nd Session (2023) – 28 – pursuant to subsection 3 for residential use, and require a person to whom groundwater was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:
The State Engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom groundwater was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality - *AB220_R1* – 31 – engaged in furnishing water to the inhabitants of the designated area, only if:
(1) Deny any applications to appropriate groundwater for use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water;
and (b) May prohibit repairs from being made to a domestic well, and may require the person proposing to deepen or repair the domestic well to obtain water from [an] a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:
[(a)] (1) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;
and which the property will be connected is [(b)] (2) The deepening or repair of the well would require the use of a well-drilling rig.
The provisions of this section do not prohibit the State Engineer from revoking a temporary permit issued pursuant to this section if any parcel served by a well pursuant to the temporary permit- is82nd currentlySession obtaining(2023) water– from29 [an]– a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.
Except as otherwise provided in subsection 2 and as to the furnishing of any information required by the State - *AB220_R1* – 32 – Engineer, this chapter does not apply in the matter of obtaining permits for the development and use of underground water from a well for domestic purposes where the draught does not exceed 2 acre-feet per year.
The State Engineer shall make available forms for the registration of such wells and shallsha3. maintain a register of those wells.
3.The State Engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than year after water can be furnished to the site by:
The State Engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than 1 year after water can be furnished to the site by:
(1) Obtain approval for that use or purpose from the local governingwell bodyis orlocated;r planning commission in whose jurisdiction the well(2) isInstall located;a water meter capable of measuring the total withdrawal of water from the well;
(2) Install a water meter capable of measuring the total withdrawal of water from the well;
(c)- The82nd StateSession Engineer(2023) shall– monitor30 the– annual withdrawal of water from the well;
andandr shall monitor the annual withdrawal of (d) The date of priority for the use of the domestic well to supply water to the accessory dwelling unit is the date of approval of the accessory dwelling unit by the local governing body or planning commission.
The Commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and - *AB220_R1* – 33 – water rights, and all other rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and to the power generated thereon, held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any agreements, compacts or treaties to which the State of Nevada may become a party, or otherwise.
Except as otherwise provided in this subsection, applications for the original appropriation of such waters, or to change the holder of the entitlement to appropriate water, place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the Commission in accordance with the regulations of the Commission.
It shall also furnish to the State Engineer any other information it possesses relating to the use of water from the Colorado River which the State Engineer deems necessary to allow the State Engineer to act on applications for permits for the subsequent appropriation of these waters after theythe4.falNotwithstanding fallany withinprovision of chapter 533 of NRS, any original appropriation and use of the Statewaters Engineer’sdescribed jurisdiction.in subsection by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.
4.
Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.
Any use of water from the Muddy River or the Virgin River for the creation of any developed shortage supply or intentionally created surplus does not require the submission of an application to - 82nd Session (2023) – 31 – the State Engineer to change the place of diversion, manner of use or place of use.
(b)in “IntentionallyNRS 533.030.onally created surplus” has the meaning ascribed to it inSec. NRS 533.030.
Sec.
- *AB220_R1* – 34 – Sec.
If the Federal Government declaresreduces aNevada’s shortageallocation onof the Colorado River for the upcoming year,year to 270,000 acre-feet or less, the Board of Directors may limit each single-family residence that uses the waters of the Colorado River distributed by the Southern Nevada Water Authority or a member agency of the Southern Nevada Water Authority to not more than 0.5 acre-feet of water for that upcoming year.
Any limitation imposed by the Board of Directors may not go into effect before December 31 of the year before the year for which the shortageFederal isGovernment declared.has 270,000 acre-feet or less.n of the Colorado River to 2.
2.If the Board of Directors limits water usage of single-family residences pursuant to subsection 1, the Southern Nevada Water Authority and the member agencies of the Southern Nevada Water Authority shall notify all customers of the action of the Board of Directors to limit water usage by not later than October 1 of the year before the year for which the Federal Government has reduced Nevada’s allocation of the Colorado River to 270,000 acre- feet or less.
If3. the Board of Directors limits water usage of single-family residences pursuant to subsection 1, the Southern Nevada Water Authority and the member agencies of the Southern Nevada Water Authority shall notify all customers of the action of the Board of Directors to limit water usage by not later than October 1 of the year before the year for which the shortage is declared.
The Board of Directors shall establish a process to approve a waiver of any limitations imposed pursuant to subsection 1 for certain properties.
220- 82nd Session (2023) – 32 – of the 82nd Session of the Nevada Legislature, on any parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevadainstalled.er WaterAuthority Authority:no new septic system may be 2.
(a)The NoGeneral newManager septicmay, systemin mayhis beor installed;her discretion, approve a waiver of the prohibition set forth in subsection 1.
and (b) If the parcel of property has an existing septic system installed and a connection to a municipal water system, the owner of the property shall be required to connect to the public sewer system and discontinue the use of the existing septic system.
2.
The General Manager may, in his or her discretion, approve a waiver of the prohibitions set forth in subsection 1.
- *AB220_R1* – 35 – Sec.
Except as otherwise provided in subsection 4, on and after January 1, 2024, any new turf that is installed on a parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada WaterWaterthe Authority or one of the member agencies of the Southern Nevada Water Authority must be installed in accordance with any requirements for turf adopted by the Board of Directors pursuant to subsection 3.
- 82nd Session (2023) – 33 – being chapter 364, Statutes of Nevada 2021, at page 2179, is hereby amended by adding thereto a new section to be designated as section 39.5, immediately following section 39, to read as follows:
30.
The Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2179, is hereby amended by adding thereto a new section to be designated as section 39.5, immediately following section 39, to read as follows:
Sec.
-irrigation *AB220_R1*water –efficiency 36monitoring –program;elines (a)for Developan and(b) establishEstablish policiesdeadlines andwithin guidelinesthe service area of the Southern Nevada Water Authority for anany owner subject to the requirements of subsection 1 to begin participating in the irrigation water efficiency monitoring program;
(b) Establish deadlines within the service area of the Southern Nevada Water Authority for any owner subject to the requirements of subsection 1 to begin participating in the irrigation water efficiency monitoring program;
Water Act, being chapter 364, Statutes of Nevada 2021, at page 2180, is hereby amended to read as follows:
31.
Section 39 of the Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2180, is hereby amended to read as follows:
Sec.
2.- 82nd Session (2023) – 34 – (a) Define “functional turf” and “nonfunctional turf” for the purposes of subsection 1 and promulgate the definitions in the service rules , ordinances or codes of the member agencies of the Southern Nevada Water Authority;
The Board of Directors shall:
(a) Define “functional turf” and “nonfunctional turf” for the purposes of subsection 1 and promulgate the definitions in the service rules , ordinances or codes of the member agencies of the Southern Nevada Water Authority;
3.her designee may approve an extension or a waiver from:r (a) The prohibition set forth in subsection 1;
The [Board of Directors] General Manager or his or her designee may approve an extension or a waiver from:
- *AB220_R1* – 37 – (a) The prohibition set forth in subsection 1;
Act, being chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2387, is hereby amended to read as follows:
32.
Section 13 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2387, is hereby amended to read as follows:
Sec.
(a)- Users82nd ofSession groundwater,(2023) other– than35 owners– of domestic wells, may be assessed a fee each calendar year of not more than $13 per acre-foot, or its equivalent, of groundwater in the Basin to which they have a water right in that year.
(b) Owners of domestic wells may be assessed a flat fee eacheach4. calendar year of not more than $30.
4.
The maximum amount of the adjustment must be determined - *AB220_R1* – 38 – by multiplying the respective amounts of the fees by the percentage of inflation, if any.
As used in this section, “water right” means the legal right to use water that has been appropriated pursuant to chapters 533 and 534 of NRS by means of application, permit,Sec. certificate, decree or claim of vested right.
Sec.
(a) A project for the recharge and recovery or underground storage and recovery of water pursuant to - 82nd Session (2023) – 36 – chapter 534 of NRS for the benefit of owners of wells in the Basin [.] ;
The Southern Nevada Water System Act of 1995, being chapter 393, Statutes of Nevada 1995, at page 963, is hereby amended by adding thereto a new section to be designated as section 2.5, immediatelyimmedSec. following section 2, to read as follows:
Sec.
1.1.wingThe Board of Directors of the Southern Nevada Water Authority may, by resolution, authorize the General Manager to restrict the use of water:
The Board of Directors of the Southern Nevada Water Authority may, by resolution, authorize the General Manager to restrict the use of water:
Any restrictions imposed by the General Manager pursuant to subsection 1 must be ratified by the Board of Directors of the Southern Nevada Water Authority not more - *AB220_R1* – 39 – than 15 calendar days after the date the restrictions are imposed.
3.
The provisions of this section shall not be construed to authorize the Board of Directors to restrict the use of any water rights held by the United States Department of Defense.
34.5.
On or before December 31, 2024, a district board of health that creates a voluntary financial assistance program pursuant to section 1 of this act shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Natural Resources and the 83rd Session of the Legislature which sets forth the number of property owners that are participating in the voluntary financial assistance program and any recommendations for legislation.
Sec.
The(Deleted provisionsby ofamendment.) NRSSec. 354.599 do not apply to any additional expense of a local government that are related to the proSec.
H~~~~~ 23 - *AB220_R1*82nd Session (2023)
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View plain text versions (5)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Reprint 3 View text pdf
- Introduced As Introduced pdf
Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 210.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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Senate Amendment Nos. 712 and 735 concurred in. To enrollment.
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In Assembly.
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Read third time. Amended. (Amend. No. 735.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 17, Nays: 3, Excused: 1.) To printer. From printer. To re-engrossment. Re-engrossed. Third reprint. To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 712.) To printer.
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In Senate. Read first time. Referred to Committee on Natural Resources. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 30, Nays: 12.) To Senate.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 203.) To printer.
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From printer. To committee.
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Read first time. Referred to Committee on Natural Resources. To printer.
Sponsors
- Assembly Committee on Natural Resources · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Natural Resources
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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.
Subjects
Frequently asked questions
- Who sponsors AB 220?
- AB 220 is sponsored by Assembly Committee on Natural Resources.
- What is the current status of AB 220?
- This bill has been enacted into law. Introduced February 23, 2023. Enacted.
- Where can I track AB 220?
- Track AB 220 free on One Click Politics — get push/email alerts when it moves.
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