AB 97 — Revises provisions relating to government administration. (BDR 22-526)

(ReprintedAssembly withBill amendmentsNo. adopted on April 11, 2023) FIRST REPRINT A.B.

9797–Assemblywoman ASSEMBLYHardy BILLCHAPTER.......... NO .

97–ASSEMBLYWOMAN HARDY PREFILED FEBRUARY 1, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to government administration.

(BDR 22-526) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Under existing law, subject to certain limitations, the governing body of any bill provides that the governing body of a city or county mayor any other governmental entity shall not adopt a building code.code or take any other action to prohibit or otherwise limit the use of refrigerants that are designated by the United States Environmental Protection Agency as alternatives or substitutes to certain other refrigerants so long as the equipment containing any such alternative or substitute is installed in compliance with certain industry standards.

(NRS 278.580-278.586) Section 1 offurther this bill provides that thea governing body of a citycity, or county or any other governmental entity shallmay not adopt a buildingof codean orevaporative takecooling anymechanism. other action to prohibit or Environmental Protection Agency as alternatives or substitutes to certain others refrigerants so long as the equipment containing any such alternative or substitute is installed in compliance with certain industry standards.

Sectionother 1action furtherto providesprohibit thatthe aconstruction governingor bodyuse ofSections a3, city,4 countyand or6 otherof governmentalthis entitybill maymake adoptconforming achanges buildingto code,the ordinancelimit orof takethe anyauthority otherof actiona tocounty prohibit the construction or usecity ofto anadopt evaporativea coolingbuilding mechanism.code.

authority of a county or city to adopt a building code.nges to the limit of the Section 7 of this bill provides that any building code or other action that has been adopted by the governing body of a city or county or any other governmental entity that on the effective date of this act conflicts with the provisions of section 1 is void and unenforceable.

Sectionplacement 2 of thissection bill1 makesin athe conformingNevada changeRevised toStatutes.o indicate the proper placementUnder ofexisting sectionlaw, 1the inState Public Works Board is required to adopt certain standards for the Nevadadesign Revisedand Statutes.construction of buildings or other projects of this State.

standards(NRS for341.087, 347.091) Section 5 of this bill provides that the designState andPublic constructionWorks ofBoard buildingsshall not prohibit or otherotherwise projectslimit the use of thisrefrigerants State.that are designated by the United States Environmental Protection Agency as alternatives or substitutes alternative or substitute is installed in compliance with industry standards.

(NRSEXPLANATION 341.087, 347.091) Section 5 of this bill provides that the State Public Works Board shall not prohibit or otherwise limit the use of refrigerants that are designated by the United States Environmental Protection Agency as alternatives or substitutes - *AB97_R1* – 2Matter –in tobolded certainitalics other refrigerants so long as the equipment containing any such alternative or substitute is installednew; in compliance with industry standards.

matter between brackets [omitted material] is material to be omitted.

Except as otherwise provided in subsection 2, the governing body of any city or county or any other governmental entity shall not adopt a building code or take any other action to prohibit or otherwise limit the use of a refrigerant that is designated as an acceptable alternative or substitute for a class I or class II substance by the United States Environmental - 82nd Session (2023) – 2 – Protection Agency pursuant to 42 U.S.C.

§ 7671k so long as the equipment containing any such alternative or substitute refrigerant is listed and installed in compliance with the most recent version of ASHRAE Standard 15, Safety Standard for Refrigeration Systems, ASHRAE Standard 34, Designation and Safety Classification of Refrigerants and the appropriate listing standard, such as UL 60335-2-89 or UL 60335-2-40, as applicable.

Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

and safety of buildings, structures and property within 2.

Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and - *AB97_R1* – 3 – establish such fees as may be necessary.

- 82nd Session (2023) – 3 – 2.

§ 7671k so long as the equipment containing any such alternative or substitute refrigerant is listed and installed in compliance with the most recent version of ASHRAE Standard 15, Safety Standard for Refrigeration Systems, ASHRAE Standard 34, Designation and Safety Classification of Refrigerants and the appropriate listing standard, such as UL 60335-2-89 or UL 60335-2-40, as applicable.

Any building code or other action that has been adopted by the governing body of a city or county or any other governmental entity before, on or after the effective date of this act - *AB97_R1* – 4 – that conflicts with the provisions of section 1 of this act is void and unenforceable.

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