Nevada 2023 Regular Session Status: To Executive 3 D cosponsors

AB 281 — Revises provisions governing senior living facilities. (BDR 40-457)

Last action — Vetoed by the Governor.

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

This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Joe Lombardo (Republican) on June 16, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

401 added · 427 removed

Plain-language change summary

The changes to Assembly Bill No. 281 clarify and expand the responsibilities of administrators at senior living facilities regarding their heating, ventilation, and air-conditioning systems. Specifically, the bill now requires these facilities to ensure that their ventilation systems are functional, to monitor carbon dioxide levels, and to prepare public reports on maintenance and assessments of these systems. This matters because it aims to improve air quality and safety in senior living environments, which is crucial for the health and well-being of residents, especially those who may be more vulnerable to respiratory issues.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
Assembly Bill No.
281 A SSEMBLY B ILLN O.
281–Assemblymen Gorelow;
281–A SSEMBLYMEN G ORELOW ;
Anderson, Carter, Cohen, Duran and Nguyen CHAPTER..........
A NDERSON , ARTER , OHEN , URAN AND N GUYEN M ARCH 14, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing senior living facilities.
(BDR 40-457) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring the administrator of a senior living facility to ensure a senior living facility is equipped with a functional ventilation system;
requiring the administrators of certain senior living facilities to ensure that such a senior living facility is equipped with a functional ventilation system;
establishing requirements governing the detection of carbon dioxide at a senior living facility;
establishing requirements governing the detection of carbon dioxide at such a senior living facility;
establishing requirements for the assessment of and any repair, upgrade or installation to such heating, ventilation and air-conditioning systems at senior living facilities;
establishing requirements for the assessment of and any repair, upgrade or installation to heating, ventilation and air-conditioning systems at such senior living facilities;
requiring the administrator of a senior living facility to prepare a report on work performed on such a ventilation system;
requiring the administrators of certain senior living facilities to prepare a report on work performed on such a ventilation system;
Legislative Counsel’s Digest:
LegiExisting law sets forth various requirements for certain medical facilities that provide care to persons who are aged or infirm, including, without limitation, a facility for intermediate care, facility for skilled nursing, a residential facility for groups and a home for individual residential care.
Existing law sets forth various requirements for certain medical facilities that provide care to persons who are aged or infirm, including, without limitation, a facility for intermediate care, facility for skilled nursing, a residential facility for groups and a home for individual residential care.
(Chapter 449 of NRS) This bill establishes requirements for the heating, ventilation and air-conditioning systems of a senior living facility.
(Chapter 449 of NRS) This bill a senior living facility.for the heating, ventilation and air-conditioning systems of Section 7 of this bill defines “senior living facility” as any facility that receives any federal funding from Medicare, Medicaid or other federal health care program and which provides living assistance and related care to a resident of the facility who is an aged or infirm person, including, without limitation, a facility for intermediate care, facility for skilled nursing, a residential facility for groups and a - *AB281_R1* – 2 – home for individual residential care.
Section 7 of this bill defines “senior living facility” as any facility that receives and which provides living assistance and related care to a resident of the facility who is an aged or infirm person, including, without limitation, a facility for intermediate care, facility for skilled nursing, a residential facility for groups and a home for individual residential care.
Section 9 of this bill sets forth a legislative declaration relating to ventilation systems in senior living facilities.
Section 9 of this bill sets forth a legislative declaration relating to ventilation the provisions of this bill to senior living facilities located in a county whoseility of population is 100,000 or more (currently Clark and Washoe Counties).
Section 10 of this bill requires, to the extent money is available, the equipped with a functional ventilation system and to have periodic assessments ofty is the existing system conducted by qualified adjusting personnel or qualified testing personnel.
Section 10 of this bill requires, to the extent money is available, the administrator of a senior living facility to ensure that the senior living facility is equipped with a functional ventilation system and to have periodic assessments of personnel.
Section 14 also requires the administrator of a senior living facility to cause an adjustment to the ventilation if the concentration of carSection 14.5 of this bill sets forth the requirements for qualified testing personnel to assess the heating, ventilation and air-conditioning system of a senior living facility.
Section 14 also requires the administrator of a senior living facility to cause an adjustment to the ventilation if the concentration of carbon dioxide exceeds a certain amount.
- 82nd Session (2023) – 2 – Section 14.5 of this bill sets forth the requirements for qualified testing personnel to assess the heating, ventilation and air-conditioning system of a senior living facility.
Section 18 of this bill:
assessment report to be reviewed by a mechanical engineer;
(1) requires a heating, ventilation and air-conditioning assessment report to be reviewed by a mechanical engineer;
and (2) imposes certaining duties on the mechanical engineer to facilitate improvements determined necessary based on the report.
and (2) imposes certain based on the report.ical engineer to facilitate improvements determined necessary Section 19 of this bill requires a senior living facility to take certain corrective actions in response to a heating, ventilation and air-conditioning assessment report and review by a mechanical engineer.
Section 19 of this bill requires a senior living facility to take certain corrective actions in response to a heating, ventilation and air-conditioning assessment report and review by a mechanical engineer.
Section 21 of this bill requires the administrator of a senior living facility to prepare a report on the work performed pursuant to a heating, ventilation and air- conditioning assessment report and review by a mechanical engineer and to submit Health and Human Services.
prepare a report on the work performed pursuant to a heating, ventilation and air- to conditioning assessment report and review by a mechanical engineer and to submit the report to the Division of Public and Behavioral Health of the Department of Health and Human Services.
of Public and Behavioral Health of the Department of Section 22 of this bill provides that a heating, ventilation and air-conditioning assessment report and a report created by an administrator of a senior living facility pursuant to section 21 are public records and available for public inspection.
Section 22 of this bill provides that a heating, ventilation and air-conditioning assessment report and a report created by an administrator of a senior living facility pursuant to section 21 are public records and available for public inspection.
Sections 22.5 and 23 of this bill provide for the expiration of the provisions of this bill where there is no longer sufficient federal money available to facilitate compliance with its provisions.
bill where there is no longer sufficient federal money available to facilitate of this compliance with its provisions.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB281_R1* – 3 – Sec.
Sec.
Sec.
- 82nd Session (2023) – 3 – Sec.
“Functional ventilation system” means a heating, ventilation and air-conditioning system that provides the minimum acceptable level of ventilation in accordance with the edition of ASHRAE Standard 62.1, Ventilation and Acceptable Indoor Air Quality most recently approved by the Board pursuant to section 9.5 of this act.
“Functional ventilation system” means a heating, ventilation and air-conditioning system that provides the minimum acceptable level of ventilation in accordance with the edition of ASHRAE Standard 62.1, Ventilation and Acceptable Indoor Air 9.5 of this act.ently approved by the Board pursuant to section Sec.
Sec.
A person certified to perform assessments of heating, ventilation and air-conditioning systems by a certifying body in accordance with the edition of standard ISO/IEC 17024, Conformity assessment -- General requirements for bodies operating certification of persons, of the International Organization for Standardization most recently approved by the Board pursuant to section 9.5 of this act.
A person certified to perform assessments of heating, ventilation and air-conditioning systems by a certifying body in Conformity assessment -- General requirements for bodies operating certification of persons, of the International Organization for Standardization most recently approved by the Board pursuant to section 9.5 of this act.
“Senior living facility” means any facility that receives any federal funding from Medicare, Medicaid or other federal health care program and which provides living assistance - *AB281_R1* – 4 – and related care to a resident of the facility who is an aged or infirm person including, without limitation, a facility for intermediate care, facility for skilled nursing, residential facility for groups or home for individual residential care.
“Senior living facility” means any facility that receives any federal funding from Medicare, Medicaid or other federal health care program and which provides living assistance and related care to a resident of the facility who is an aged or infirm person including, without limitation, a facility for intermediate care, facility for skilled nursing, residential facility for groups or home for individual residential care.
Sec.
- 82nd Session (2023) – 4 – Sec.
“Zone” means an area of a senior living facility where the temperature is controlled by one thermostat.
“Zone” means an area of a senior living facility wheSec.
Sec.
9.temThe Legislature finds and declares that:.
9.
Show all 83 changed rows (43 more)
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The Legislature finds and declares that:
act apply only to senior living facilities located in a county whose population is 100,000 or more.
- *AB281_R1* – 5 – Sec.
Sec.
To the extent that money is available, the administrator of a senior living facility shall ensure that the senior living facility is equipped with a functional ventilation system that is tested, adjusted and, if necessary or cost-effective, repaired, upgraded or replaced to increase efficiency and performance in accordance with the provisions of sections 2 to 22, inclusive, of this act.
To the extent that money is available, the administrator of a senior living facility shall ensure that the senior - 82nd Session (2023) – 5 – is tested, adjusted and, if necessary or cost-effective, repaired,hat upgraded or replaced to increase efficiency and performance in accordance with the provisions of sections 2 to 22, inclusive, of this act.
Not later than July 1, 2025, and at least once every 5 years thereafter, the administrator of a senior living facility or any other person that ensures a senior living facility is equipped with a functional ventilation system pursuant to this section shall employ qualified adjusting personnel or qualified testing personnel, or cause such persons to be contracted, to perform a ventilation verification assessment in accordance with section 14.5 of this act to determine the status of and make any necessary improvements to the heating, ventilation and air-conditioning system of the senior living facility.
Not later than July 1, 2025, and at least once every 5 years thereafter, the administrator of a senior living facility or any other person that ensures a senior living facility is equipped with a qualified adjusting personnel or qualified testing personnel, orloy cause such persons to be contracted, to perform a ventilation verification assessment in accordance with section 14.5 of this act to determine the status of and make any necessary improvements to the heating, ventilation and air-conditioning system of the senior living facility.
Sec.
Secs.
11.
11-13.
12.
(Deleted by amendment.) Sec.
13.
(Deleted by amendment.) Sec.
Except as otherwise provided in subsection 2, each zone in a senior living facility must be equipped with a carbon dioxide monitor and at least one carbon dioxide monitor for each 10,000 square feet of floor space.
Except as otherwise provided in subsection 2, each zone in a senior living facility must be equipped with a carbon dioxide monitor and at least one carbon dioxide monitor monitor must:00 square feet of floor space.
Such a carbon dioxide monitor must:
Such a carbon dioxide (a) Be hardwired, plugged in or battery-operated and mounted to the wall at least 3 feet but not more than 6 feet above the floor and at least 5 feet away from any door or operable window;
(a) Be hardwired, plugged in or battery-operated and mounted to the wall at least 3 feet but not more than 6 feet above the floor and at least 5 feet away from any door or operable window;
(b) Display readings of the concentration of carbon dioxide to appropriate personnel through a display on the monitor or through an application on an Internet website or a cellular telephone;
(b) Display readings of the concentration of carbon dioxide to appropriate personnel through a display on the monitor or - *AB281_R1* – 6 – through an application on an Internet website or a cellular telephone;
- 82nd Session (2023) – 6 – (c) Provide a visual notification, including, without limitation, through an indicator light, electronic mail, text message or an application on a cellular telephone, when the concentration of carbon dioxide in the room reaches 1,100 parts per million or mor(d) Maintain a record of previous data that includes, without limitation, the maximum carbon dioxide concentration measured;
(c) Provide a visual notification, including, without limitation, through an indicator light, electronic mail, text message or an application on a cellular telephone, when the concentration of carbon dioxide in the room reaches 1,100 parts per million or more;
(d) Maintain a record of previous data that includes, without limitation, the maximum carbon dioxide concentration measured;
In a ventilation verification assessment of a senior living facility performed pursuant to section 10 of this act, qualified testing personnel must:
In a ventilation verification assessment of a senior living facility performed pursuant to section 10 of this act, qua(a) Record information from HVAC equipment and the motor nameplate.
(a) Record information from HVAC equipment and the motor nameplate.
- *AB281_R1* – 7 – (h) Verify that maintenance has been performed in accordance with section 8 and table 8.1 of ASHRAE Standard 62.1-2022, Ventilation and Acceptable Indoor Air Quality.
- 82nd Session (2023) – 7 – (h) Verify that maintenance has been performed in accordance with section 8 and table 8.1 of ASHRAE Standard 62.1-2022, Ventilation and Acceptable Indoor Air Quality.
(i) Verify that control sequences are organized in a manner that facilitates proper operation of the HVAC system.
(i) Verify that control sequences are organized in a manner tha(j) Verify the installation of carbon dioxide monitors as required by section 14 of this act and the accuracy of all carbon dioxide monitors within 75 parts per million at a carbon dioxide concentration of 1,000 parts per million.
(j) Verify the installation of carbon dioxide monitors as required by section 14 of this act and the accuracy of all carbon dioxide monitors within 75 parts per million at a carbon dioxide concentration of 1,000 parts per million.
Based on the documentation described in paragraph (m) of subsection 1, the qualified testing personnel who perform a ventilation verification assessment pursuant to section 10 of this act must prepare an HVAC assessment report and provide the report to a mechanical engineer for review in accordance with section 18 of this act.
Based on the documentation described in paragraph (m) of subsection 1, the qualified testing personnel who perform a ventilation verification assessment pursuant to section 10 of this act must prepare an HVAC assessment report and provide the report to a mechanical engineer for review in accordance with secSecs.
Sec.
15-17.
15.
16.
(Deleted by amendment.) Sec.
17.
(Deleted by amendment.) Sec.
- *AB281_R1* – 8 – 3.
- 82nd Session (2023) – 8 – 3.
(a) Identified in an HVAC assessment report created pursuant to subsection 2 of section 14.5 of this act and reviewed by a mechanical engineer pursuant to section 18 of this act;
to subsection 2 of section 14.5 of this act and reviewed by ant mechanical engineer pursuant to section 18 of this act;
A senior living facility may only use portable filtration and air cleaners:
A senior living facility may only use portable filtration and air(a) If the infrastructure of the existing HVAC system is not able to meet the requirements for filtration and ventilation prescribed by sections 2 to 22, inclusive, of this act.
(a) If the infrastructure of the existing HVAC system is not able to meet the requirements for filtration and ventilation prescribed by sections 2 to 22, inclusive, of this act.
The administrator of a senior living facility shall ensure that all work required by section 19 of this act including, without limitation, repairs, upgrades and replacements of an HVAC system, is performed by a skilled and trained - *AB281_R1* – 9 – workforce of the construction industry and in compliance with applicable regulations of the Board.
The administrator of a senior living facility shall ensure that all work required by section 19 of this act including, without limitation, repairs, upgrades and replacements - 82nd Session (2023) – 9 – of an HVAC system, is performed by a skilled and trained workforce of the construction industry and in compliance with applicable regulations of the Board.
The Division and the Board shall work in consultation with the Labor Commissioner, as necessary, to ensure that assessments and construction required pursuant to sections 2 to 22, inclusive, of this act satisfy any applicable standards and requirements of the edition of the Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials, most recently approved by the Board pursuant to section 9.5 of this act.
The Division and the Board shall work in consultation assessments and construction required pursuant to sections 2 to 22, inclusive, of this act satisfy any applicable standards and requirements of the edition of the Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials, most recently approved by the Board pursuant to section 9.5 of this act.
(b) Adjustments, repairs, upgrades and replacements performed pursuant to section 19 of this act.
performed pursuant to section 19 of this act.
(c) The final operating conditions of the HVAC system, including, without limitation, the MERV of the filtration system and verified ventilation and exhaust rates for classrooms, auditoriums, gymnasiums, restrooms, offices and other occupied spaces.
and replacements (c) The final operating conditions of the HVAC system, including, without limitation, the MERV of the filtration system and verified ventilation and exhaust rates for classrooms, auditoriums, gymnasiums, restrooms, offices and other occupied spaces.
(f) Compliance with section 19 of this act, including, without limitation, the make and model of each carbon dioxide monitor installed in the senior living facility.
- 82nd Session (2023) – 10 – (f) Compliance with section 19 of this act, including, without limitation, the make and model of each carbon dioxide monitor installed in the senior living facility.
An HVAC assessment report created pursuant to section 14.5 of this act and reviewed by a mechanical engineer - *AB281_R1* – 10 – pursuant to section 18 of this act and a report submitted to the Division by the administrator of a senior living facility pursuant to section 21 of this act are public records and are available for public inspection.
An HVAC assessment report created pursuant to pursuant to section 18 of this act and a report submitted to the Division by the administrator of a senior living facility pursuant to section 21 of this act are public records and are available for public inspection.
On the date on which the Administrator determines that there is insufficient federal money available for that purpose, the Administrator shall transmit Legislative Counsel Bureau.n to the Governor and the Director of the 2.
On the date on which the Administrator determines that there is insufficient federal money available for that purpose, the Administrator shall transmit notice of that determination to the Governor and the Director of the Legislative Counsel Bureau.
2.
This act becomes effective upon passage and approval, and expires by limitation on the date on which the Director of the Legislative Counsel Bureau receives notice of a determination by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to section 22.5 of this act that there is insufficient federal money available to facilitate the compliance of senior living facilities with the provisions of sections 2 to 22, inclusive, of this act.
This act becomes effective upon passage and approval, and expires by limitation on the date on which the Director of the Legislative Counsel Bureau receives notice of a determination by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to section 22.5 of this act that there is insufficient federal money available to facilitate the compliance of senior living act.lities with the provisions of sections 2 to 22, inclusive, of this ~~~~~ 23 - 82nd Session (2023)
H - *AB281_R1*
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Amendments

2 amendments

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Action History

  1. Vetoed by the Governor.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 13, Nays: 7.) To Assembly. In Assembly. Senate Amendment No. 927 concurred in. To enrollment.

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

  5. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 927.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint.

  6. In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.

  7. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 28, Nays: 13, Excused: 1.) To Senate.

  8. From committee: Do pass, as amended. Taken from General File. Placed on General File for next legislative day.

  9. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 190.) To printer.

  11. Notice of eligibility for exemption.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (61)

61 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 281?
AB 281 is sponsored by Anderson, Natha C. (Democratic), Carter, Max E., II (Democratic), Nguyen, Duy (Democratic), Duran, Bea, Cohen, Lesley, and Gorelow, Michelle.
What is the current status of AB 281?
This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 281?
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