Revises provisions relating to public health and safety. (BDR 40-264)
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SB 43 — Revises provisions relating to public health and safety. (BDR 40-264)
Last action — Approved by the Governor. Chapter 438.
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 Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 18, 2024. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 09, 2025.
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.
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Cleared a recorded vote
Passed 2 recorded votes so far.
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Bill Text
What changed in the latest version
1060 added · 1096 removed1060 line(s) added, 1096 removed.
(ReprintedSenate withBill amendmentsNo. adopted on April 15, 2025) FIRST REPRINT S.B.
4343–Committee SENATEon BHealth ILLNand O.Human Services CHAPTER..........
43–OMMITTEEAN ONACT H EALTH AND H UMAN SERVICES (ON B EHALF OF THED IVISION OE NVIRONMENTAL PROTECTION OF THE STATE D EPARTMENT OF CONSERVATION AND NATURAL RESOURCES ) PREFILED NOVEMBER 18, 2024 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to environmentalpublic protection.health;
(BDR 40-264) FISCAL NOTE:
EffProvides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
AN ACT relating to environmental protection;
revising provisions relating to public swimming pools;
-Legislative *SB43_R1*Counsel’s –Digest: 2 – LegExisting law sets forth provisions governing the collection and disposal of solid waste.
(NRSwaste. 444.440-444.645) For the purposes of such provisions, existing law defines a “solid waste management authority” to mean:
(NRS 444.440-444.645) For the purposes of such provisions, existing lawf solid defines a “solid waste management authority” to mean:
and (3) has adopted certaincertSection 13.5 of this bill requires the State Environmental Commission to adopt regulations relatingestablishing the criteria for a district board of health to soliddemonstrate wastecapability management.to be designated by the Administrator.
Section 13.5 of this bill requires the State Environmental Commission to adopt regulations establishing the criteria for a district board of health to demonstrate capSection 34 of this bill provides that any district board of health that is currently acting as a solid waste management authority shall be deemed to have been determined capable by the Administrator and may continue to act as a solid waste management authority.
Section 7 of this bill revises the definition of “solid waste management authority” to mean:
As a result of this change, a district board of health that is not management- authority.inistrator83rd isSession not(2025) authorized– to2 act– as a solid waste Consistent with these changes, sections 8, 13 and 16 of this bill provide that only a designated districtby boardthe ofAdministrator health of a health district is requirednot toauthorized adopt certain regulations relating to theact collectionas anda disposalsolid ofwaste solidmanagement waste.authority.
SectionsConsistent 8.5,with 9,these 14,changes, 18sections 8, 13 and 1916 of this bill makeprovide conformingthat changesonly to reflect the divestment of the authority of a designated district board of health of a health district that is notrequired designatedto adopt certain regulations relating to actthe ascollection aand soliddisposal wasteof managementsolid authority.waste.
Sections 8.5, 9, 14, 18 and 19 of this bill make conforming changes to reflect the divestment to act as a solid waste management authority.h of a health district that is not designated Existing law authorizes any district board of health and any governing body of a municipality to adopt certain standards and regulations relating to solid waste disposal sites and solid waste management systems that are more restrictive than those adopted by the Commission and authorizes the district board of health toanto issue permits thereunder.
Section 15 also provides that if a district board of health adopts regulations other than standards and regulations for the location, design, construction, operation and maintenance of a solid waste management system or solid waste disposal system that are more restrictive than those adopted by the Commission, the district board of health must provide reasonableosereasonable adopted notification of the proposed regulations to the Division.
Section 2 of this bill defines “health district” for the purposes of existing law governing the collection and disposal of solid waste.
Section 10 of this bill makesmakesaw conforming changes to a reference to this term.
- *SB43_R1* – 3 – Section 3 of this bill defines the “Resource Conservation and Recovery Act” and, consistent with this definition, sections 6, 11-13 and 16 of this bill revise references to that Act in existing law governing the collection and disposal of solid waste.
Section 5 of this bill applies the definitions in existing law and sections 2 and 3 to the provisions of existing law and section 4 that govern the collection and disposal of solid waste.
Sections 17 and 18 of this bill make provisions of existing law establishing the powers of a solid waste management authority to enforce existing law, recover civil penalties or damages, obtain injunctive relief or issue subpoenas apply to the provisions of sections 2-4.
(NRS 445A.800-445A.955) Existing law also authorizes the State Environmental Commission to designate a district board of health to issue permits 445A.885) Section 20 of this bill authorizes the Administrator of the Division to andesignate ownerthe district board of ahealth publicof waterthe systemhealth district to operateissue permits or administer and enforce the system.provisions or limited provisions governing public water systems if the district board of health:
(NRS 445A.860, designate the district board of health of the health district to issue permits or administer and enforce the provisions or limited provisions governing public water systems if the district board of health:
Section 34 provides that any district board of health that is currently administering and enforcing the provisions governing public water systems shall be - 83rd Session (2025) – 3 – deemed to have been designated by the Administrator and may continue to administer and enforce those provisions.
Consistent with these changes, sections 23 and 24-28 of this bill limit the authority of a district board of health to issue permits or administer and enforce the provisionsdesignated governingby publicthe waterAdministrator.r systems to only a district board of health designatedSection by22 of this bill revises the Administrator.definition of the term “district board of health” to clarify that a health district is created pursuant to certain provisions of existing law.
Section 22 of this bill revises the definition of the term “district board of existing law.
Sections 29-33 of this bill make certain provisions of existing law governing the enforcement powers of the Division, the imposition of civil penalties, administrative fines and criminal penalties and obtaining injunctive relief apply to section 20.
Existing law defines the term “public swimming pool” for the purposes of provisions governing the sanitation of such structures and provides that the term owned pool used by members of a private club or invited guests of the members.ately (NRS 444.065) Section 4.5 of this bill instead provides that the term does not include any such structure at any location if the structure is a privately owned pool used by members of a private organization that is recognized as a social club exempt from taxation pursuant to certain provisions of the Internal Revenue Code or invited guests of members of such an organization.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Resource Conservation and Recovery Act” means subchapter IV of the Resource Conservation and Recovery Act of - *SB43_R1* – 4 – 1976, 42 U.S.C.
The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources may, in accordance with the regulations adopted by the State Environmental Commission pursuant to NRS 444.560, designate a district board of health of a health district to act as a solid waste management authority or to act as a solid waste management authority for the purposes of carrying out limited provisions of NRS 444.440 to 444.620, inclusive,- and83rd sectionsSession 2,(2025) 3– and 4 of– this act, and any regulations adopted pursuant thereto, if the district board of health:health:gulations (a) Applies to the Administrator for such a designation;
(a) Applies to the Administrator for such a designation;
If the Administrator designates a district board of health pursuant to subsection 1, the Division of Environmental Protection shall periodically review the activities of the district board of health to evaluate the continued capability of the district board of health to carry out the provisions or limited provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto.
3 and 4 of this 3.
Show all 178 changed lines (138 more)
If the district board of health fails to correct the deficiency, the - *SB43_R1* – 5 – Administrator may issue an order revoking the designation of thethee district board of health.
Notice of the order revoking the designation must be provided to the district board of health by certified mail and must set forth the date on - 83rd Session (2025) – 5 – which the designation is revoked.
If the district board of health does not petition the Commission for a hearing, the decision to revoke the designation is not subject to additional review.
4.5.
NRS 444.065 is hereby amended to read as follows:
444.065 1.
Except as otherwise provided in subsection 2, as used in NRS 444.065 to 444.120, inclusive, “public swimming pool” means any structure containing an artificial body of water that is intended to be used collectively by persons for swimming or bathing, regardless of whether a fee is charged for its use.
2.
The term does not include any such structure at:
(a) A private residence if the structure is controlled by the owner or other authorized occupant of the residence and the use of the structure is limited to members of the family of the owner or authorized occupant of the residence or invited guests of the owner or authorized occupant of the residence.
(b) A family foster home as defined in NRS 424.013.
(c) A child care facility, as defined in NRS 441A.030, furnishing care to 12 children or less.
(d) Any other residence or facility as determined by the State Board of Health.
(e) Any location if the structure is a privately owned pool used by members of a private [club] organization that is recognized as a social club exempt from taxation pursuant to section 501(c)(7) of of the members [.] of such an organization.c)(7) or invited guests Sec.
444.465 “Municipal solid waste landfill” has the meaning ascribed to it in the Resource Conservation and Recovery Act of 1976 .
1.- 83rd Session (2025) – 6 – board of health [in any area in which] of a health district [has been created pursuant to NRS 439.362 or 439.370 and in any area over which the board has authority pursuant to an interlocal agreement,] if the district board [has adopted all regulations that are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive.] of health is designated pursuant to section 4 of this act to carry out the provisions or limited provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto.
Except as otherwise provided in subsection 2, the district board of health [in any area in which] of a health district [has been created pursuant to NRS 439.362 or 439.370 and in any area over which the board has authority pursuant to an interlocal agreement,] if the district board [has adopted all regulations that are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive.] of health is designated pursuant to section 4 of this act to carry out the provisions or limited provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto.
- *SB43_R1* – 6 – Sec.
The district board of health of a health district [created pursuant to NRS 439.362 or 439.370] , if designated pursuant to section 4 of this act, shall, in a timely manner, adopt regulations:
(a)tire Providein fora acceptablemunicipal alternativessolid waste landfill;s to the disposal of a waste tire(b) inProvide for the inspection of a municipalfacility solidfor the management of waste landfill;tires to ensure that the operator of the facility complies with those regulations;
(b) Provide for the inspection of a facility for the management of waste tires to ensure that the operator of the facility complies with those regulations;
(d)- Establish83rd requirementsSession concerning(2025) the– transportation7 and– storage of waste tires prior to disposal;disposal;the transportation and (e) Establish a procedure for applications for exemptions or waivers from any of those regulations;
(e) Establish a procedure for applications for exemptions or waivers from any of those regulations;
- *SB43_R1* – 7 – (a) Authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to issue aae permit for the operation of a facility for the management of waste tires in the [county;] area;
5.pursuant to this section must not conflict with regulations adopted by the State Environmental Commission.
The regulations adopted by a district board of health pursuant to this section must not conflict with regulations adopted by the State Environmental Commission.
(a) Holds a permit to operate the facility for the management of waste tires issued by the district board of health , if designated pursuant to section 4 of this act, or the Division of Environmental Protection of the State Department of Conservation and Natural - 83rd Session (2025) – 8 – Resources in accordance with the regulations adopted pursuant to NRS 444.505;
A person who violates the provisions of subsection 1 is guiltygui3.y oEach day or part of a misdemeanor.day during which the violation is continued or repeated constitutes a separate offense.
3.
Each day or part of a day during which the violation is continued or repeated constitutes a separate offense.
Except as otherwise provided in subsection 2, in any area with a district board of health of a health district [created pursuant to NRS 439.362 or 439.370] designated pursuant to - *SB43_R1* – 8 – section 4 of this act and any area over which the district board of health of the health district has authority pursuant to an interlocal agreement or any county in which a permit for the operation of a facility for the management of waste tires has been issued pursuant to NRS 444.505, a person who willfully disposes of a waste tire generated in that health district or county in any municipal solid waste landfill in this State is guilty of a misdemeanor and, except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall betire punisheddisposed byof ain fineviolation of notthe lessprovisions thanof $100this persection waste constitutes a separate violation.
Each waste tire disposed of in violation of the provisions of this section constitutes a separate violation.
The governing body of every municipality or district board of health [created pursuant to NRS 439.362 or 439.370] of a health district shall develop a plan to provide for a solid waste management system which adequately provides for the management and disposal of solid waste within the boundaries of - 83rd Session (2025) – 9 – the municipality or within the area to be served by the solid waste management system, whether generated within or outside of the boundaries of the area.
The plan may include ordinances adopted pursuant to NRS 444.5204443.20 Such a governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to carry out or develop portions of the plan provided for in subsection 1, or both, and 444.530.to provide a solid waste management system, or any part thereof.
3.
Such a governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to carry out or develop portions of the plan provided for in subsection 1, or both, and to provide a solid waste management system, or any part thereof.
- *SB43_R1* – 9 – 5.
Sec.444.556 1.RS 44Before constructing or operating a municipal solid waste landfill, the owner or operator of the landfill shall obtain a permit issued by the solid waste management authority.
11.
NRS 444.556 is hereby amended to read as follows:
444.556 1.
Before constructing or operating a municipal solid waste landfill, the owner or operator of the landfill shall obtain a permit issued by the solid waste management authority.
- 83rd Session (2025) – 10 – 4.
(a) The requirements of the Resource Conservation and Recoverythe Actregulations [ofadopted 1976,pursuant Subtitlethereto,] D,which 42describe:q., U.S.C.and (1) General standards for a municipal solid waste landfill;
§§ 6941 et seq., and the regulations adopted pursuant thereto,] which describe:
(1) General standards for a municipal solid waste landfill;
(a) Obtain, and the owner or operator of a municipal waste landfill shall deliver upon request, any information necessary to determine whether the owner or operator is or has been in - *SB43_R1* – 10 – compliance with the terms and conditions of the permit, the regulations of the State Environmental Commission, the applicable laws of this State and the provisions of the Resource Conservation and Recovery Act ;
§§ 6941 et seq., andand(b) the regulations adopted pursuant thereto;] (b) Conduct monitoring or testing to ensure that the owner or operator is or has been in compliance with the terms and conditions of the permit;
[of 1976, Subtitle D, 42 U.S.C.
(a)- 83rd Session (2025) – 11 – owner or operator of the landfill to the authority;tted by the (b) Verify the accuracyadequacy of anysampling informationprocedures submittedand analytical methods used by the owner or operator of the landfilllandfill; to the authority;
(b) Verify the adequacy of sampling procedures and analytical methods used by the owner or operator of the landfill;
444.558any 1.district board of health of a health district [created pursuant to NRS 439.362 or 439.370] seeking to apply for designation pursuant to section 4 of this act shall, in a timely manner, adopt all regulations that are necessary to establish and carry out a program of issuing permits for municipal solid waste landfills.
The State Environmental Commission and [the] any district board of health of a health district [created pursuant to NRS 439.362 or 439.370] seeking to apply for designation pursuant to section 4 of this act shall, in a timely manner, adopt all regulations that are necessary to establish and carry out a program of issuing permits for municipal solid waste landfills.
§§ 6941 et seq., and - *SB43_R1* – 11 – the regulations adopted pursuant thereto,] and carry out the purpose and intent of this section.
(a) Concerning solid waste management systems, or any part thereof, including regulations establishing standards for the issuance, renewal, modification, suspension, revocation and denial of, and for the imposition of terms and conditions for, a permit to construct or operate a disposal site [.] ;
2.- 83rd Session (2025) – 12 – schedule of fees for the disposal of solid waste in areas subject to the jurisdiction of the State Department of Conservation and Natural Resources in accordance with NRS 444.495 or for the issuance of permits or other approvals by the Department for the operation of solid waste management facilities.
The State Environmental Commission may establish a schedule of fees for the disposal of solid waste in areas subject to the jurisdiction of the State Department of Conservation and Natural Resources in accordance with NRS 444.495 or for the issuance of permits or other approvals by the Department for the operation of solid waste management facilities.
The State Department of Conservation and NaturalNat(a) ResourcesAdvise, shall:consult and cooperate with other agencies and commissions of the State, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.
(a) Advise, consult and cooperate with other agencies and commissions of the State, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.
- *SB43_R1* – 12 – (c) Enforce the provisions of NRS 444.440 to 444.560, inclusive, and sections 2, 3 and 4 of this act and any regulation adopted by the State Environmental Commission pursuant thereto.
(d) [Periodically review the programs of other solid waste management authorities in the State for issuing permits pursuant to NRS 444.505, 444.553 and 444.556 and ensuring compliance with the terms and conditions of such permits, the regulations of the State Environmental Commission, the laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C.
§§ 6941 et seq., and the regulations adopted pursuantpursuant6, thereto.
A finding by the Director that a program is inadequate is not final until reviewed by the State Environmental- Commission.83rd Session (2025) – 13 – authority or responsibility of a district board of health to issue permits for disposal sites and enforce the laws of this State regarding solid waste management systems.
This paragraph does not limit the authority or responsibility of a district board of health to issue permits for disposal sites and enforce the laws of this State regarding solid waste management systems.
[(c) Review any determination by the Director of the State Department of Conservation and Natural Resources that a program for issuing permits administered by a solid waste management authority is inadequate.
or - *SB43_R1* – 13 – (b) Records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.
Any district board of health [created pursuant to NRS 439.362 or 439.370] of a health district and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste management systems, including, without limitation, solid waste disposal sites [and solid waste management systems] or any part thereof , more restrictive than those adopted by the State Environmental Commission .
[, and any district board of health may issue permits thereunder.] Any regulations adopted pursuant to this subsection must be consistent with the plan to provide for a solid waste- management83rd systemSession approved(2025) by– the14 State– Department of Conservation and Natural Resources pursuant to NRS 444.510.
and (b) If designated pursuant to section 4 of this act, may issue permits for other purposes relating to a solid waste managementmanagementue system in accordance with the provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act.
and - *SB43_R1* – 14 – (b) The district [boards] board of health of a health [districts created pursuant to NRS 439.362 or 439.370 retain] district, if designated pursuant to section 4 of this act, retains the authority to issue permits and adopt regulations pursuant to NRS 444.580.
2.Resources may take any action necessary and appropriate to secure the benefits of any federal law relating to solid waste.
The State Department of Conservation and Natural Resources may take any action necessary and appropriate to secure the benefits of any federal law relating to solid waste.
444.592 If the solid waste management authority receives information that the handling, storage, recycling, transportation, treatment or disposal of any solid waste presents or may present a threat to human health, public safety or the environment, or is in violation of a term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a statute, a regulation or an order - 83rd Session (2025) – 15 – issued pursuant to NRS 444.594, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive [:] , and sections 2, 3 and 4 of this act:
Issue an order directing the owner or operator of the disposal site or any other site where the handling, storage, recycling, transportation, treatment or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.
If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction whereservice theof personprocess, tosetting whomforth thethat:as subpoena was directed is subject to service(a) Notice has been given of process,the settingtime forthand that:place at which the person was required to attend, testify or produce evidence;
(a)(b) NoticeA subpoena has been givenmailed ofto theor timepersonally andserved placeon atthe whichwitness or custodian of the personevidence wasin requiredsufficient time to attend,enable testifythe orperson produceto evidence;comply with its provisions;
- *SB43_R1* – 15 – (b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable the person to comply with its provisions;
When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why - 83rd Session (2025) – 16 – order must be mailed to or personally served on the person shouldto notwhom bethe heldsubpoena inwas contempt.directed.
A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.
(a) Include standards and procedures for the control of unlawful dumping which are equivalent to or stricter than those established by statute or state regulation;
andandstricter than those established (b) Provide for adequate administration and enforcement.
The Administrator of the Division may, in accordance with the regulations adopted by the Commission pursuant to NRS 445A.860, designate a district board of health of a health district to issue permits pursuant to NRS 445A.860 or 445A.885 or administer and enforce any of the provisions of this section and - *SB43_R1* – 16 – NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, or to administer and enforce limited provisions of this section and NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, if the district board of health:
and (b) Demonstrates that the district board is capable of issuing permits or administering and enforcing the provisions or limited provisions of this section and NRS 445A.800 to 445A.955, inclusive,- and83rd anySession regulations(2025) adopted– pursuant17 thereto,– as applicable, as determined by the Administrator.
thereto, as 2.
If (a) Does not present an imminent or substantial hazard to public health, safety or the deficiencyenvironment, identifiedas indetermined by the Administrator, the written notice:notice must set forth a date by which the district board of health must correct the deficiency, which must be not less than 60 days after the date the notice was mailed to the district board of health and may be extended by mutual agreement of the Administrator and the district board of health.
(a) Does not present an imminent or substantial hazard to public health, safety or the environment, as determined by the Administrator, the written notice must set forth a date by which the district board of health must correct the deficiency, which must be not less than 60 days after the date the notice was mailed to the district board of health and may be extended by mutual agreement of the Administrator and the district board of health.
Notice of the order revoking the designation must be provided to the district board of health by certified mail and must set forth the date on which the designation is revoked.
The district board of health may - *SB43_R1* – 17 – petition the State Environmental Commission for a hearing on the revocation.
- 83rd Session (2025) – 18 – Sec.
445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and section 20 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, havehavSec. the meanings ascribed to them in those sections.
Sec.
May establish by regulation a system for the issuance of operating permits for suppliers of water and set a reasonable date after which a person shall not operate a public water system constructed before July 1, 1991, without possessing a permit issued by the Division or , if designated pursuant to section 20 of this act, the [appropriate] district board of health.
Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing - *SB43_R1* – 18 – bodies to issue permits or certificates of authority for suppliers of water.
[5.] 6.
May adopt such other regulations as may be necessary to evaluate the technical capability, managerial capability and financial capability of a community water system or nontransient water system that commenced operation before October 1, 1999, to comply with 40 C.F.R.
[6.][5.] 7.6.
May adopt such other regulations as may be necessary to evaluate the technical capability, managerial capability and financial capability of a community water system or nontransient - 83rd Session (2025) – 19 – water system that commenced operation before October 1, 1999, to comply with 40 C.F.R.
Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of permits or certificates of authority for suppliers of water.issue [6.] 7.
The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.accSec.
Sec.
- *SB43_R1* – 19 – 2.
Sec.- 83rd Session (2025) – 20 – 445A.895 NRS A permit to operate a water system may not be:
25.issued pursuant to NRS 445A.885 unless all of the following conditions are met:
NRS 445A.895 is hereby amended to read as follows:
445A.895 A permit to operate a water system may not be issued pursuant to NRS 445A.885 unless all of the following conditions are met:
(a) That, except as otherwise provided in paragraph (b), in the event of a default by the builder, developer or owner of the water system, the sole and exclusive 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 the continued operation and maintenance of the water system.
or (b) Until 75 percent of the lots or parcels served by the system are sold, whichever is later.
and - *SB43_R1*83rd Session (2025) – 2021 – (b) Record a declaration of covenants, conditions and restrictions which is an equitable servitude running with the land and which must provide:
(1) That each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of replenishing or augmenting the surety required pursuant to paragraph (a) as necessary for the continued operation and maintenance of the water system if there is a default by the builder, developer or owner of the water system;
(a) The water system is not satisfactorily serving the needs of its users;use(b) Water provided by a public utility or a municipality or other public entity is reasonably available, the local governing body shall, in a county whose population is 700,000 or more, and may, in all other counties, pursuant to NRS 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.
and (b) Water provided by a public utility or a municipality or other public entity is reasonably available, the local governing body shall, in a county whose population is 700,000 or more, and may, in all other counties, pursuant to NRS 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.
Provision has been made for disposition of the water system and the land on which it is situated after the local governing body - 83rd Session (2025) – 22 – requires all users to connect into an available water system provided by a public utility or a municipality or other public entity.
- *SB43_R1* – 21 – Sec.
Except as otherwise provided in subsection 2, plans and specifications for any substantial addition to or alteration of a public water system subject to a regulation of the CommissionCommissiontion must be submitted for review and approval to [the] :
and (b) Make such investigations and inspections as are necessary to ensureens2.e compliancecAny withrepresentative thoseof sectionsthe Division or the [appropriate] district board of health , if designated pursuant to section 20 of this act, may enter the property of any public water system at any reasonable time for the purpose of inspecting and regulations.investigating the adequacy and sanitary condition of the system and the quality of its water.
2.
Any representative of the Division or the [appropriate] district board of health , if designated pursuant to section 20 of this act, may enter the property of any public water system at any reasonable time for the purpose of inspecting and investigating the adequacy and sanitary condition of the system and the quality of its water.
(a)- The83rd systemSession (2025) – 23 – water standards;m is not in compliance with the primary drinking (b) The supplier fails to perform any required monitoring of water standards;quality;
(b)(c) The supplier failshas tobeen performgranted anya requiredvariance monitoringor ofexemption waterby quality;the Commission;
- *SB43_R1* – 22 – (c) The supplier has been granted a variance or exemption by the Commission;
If the Division has reason to believe that a person is engaging or has engaged in any act or practice which violates the provisions of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863, the Division may, in addition to any other actionactionsuant authorized or required by NRS 445A.800 to 445A.955, inclusive, and section 20 of this act, issue an order:
If the Division has reasonable cause to believe, based on evidence satisfactory to it, that any person is about to violate the provisions of NRS 445A.800 to 445A.955, inclusive, and section 2020the of this act or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863, the Division may, without a prior hearing, issue a summary order against the person, directing the person to cease and desist from any further acts that constitute or would constitute a violation.
The summary order to cease and desist must specify the provision of - 83rd Session (2025) – 24 – NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or a regulation adopted or order issued pursuant thereto, or the term or condition of a permit or certification which the Division reasonably believes is about to be violated.
3.is effective immediately and is not subject to review unless ther person to whom the order is directed, not later than 30 days after the order is issued, submits a written petition to the Commission for a hearing.
An order issued by the Division pursuant to subsection 1 or 2 is effective immediately and is not subject to review unless the - *SB43_R1* – 23 – person to whom the order is directed, not later than 30 days after the order is issued, submits a written petition to the Commission for a hearing.
(c) Violates any condition imposed by the Commission upon grantinggra(d) Violates a varianceregulation oradopted exemptionby underthe Commission pursuant to NRS 445A.935;445A.860 or 445A.880;
(d) Violates a regulation adopted by the Commission pursuant to NRS 445A.860 or 445A.880;
- 83rd Session (2025) – 25 – 4.
In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or of any permit, certificate, standard, regulation or final order adopted or issuedDivision thereto,may byinstitute injunctionand ormaintain otherin appropriatethe remedy.name of the State of Nevada any such enforcement proceedings.
TheSec. Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
- *SB43_R1* – 24 – Sec.
In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or of any permit, certificate, standard, regulation or final order adopted or issuedDivision thereto,may byinstitute injunctionand ormaintain otherin appropriatethe remedy.name of the State of Nevada any such enforcement proceedings.
The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Notwithstanding the amendatory provisions of section 4 of this act requiring the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources to determine that a district board of health of a health district is capable of acting as a solid waste management authority, any district board of health which on the effective date of this act is acting as a solid waste management authority for the - 83rd Session (2025) – 26 – purposes of NRS 444.440 to 444.645, inclusive, as amended by sections 2 to 19, inclusive, of this act, shall be deemed to have been determined capable of acting as a solid waste management authority by the Administrator and may continue to act as a solid waste managementman2.emeNotwithstanding authority.the amendatory provisions of section 20 of this act authorizing the Administrator to designate a district board of health of a health district to administer and enforce the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections to 33, inclusive, of this act, any district board of health which on the effective date of this act is administering and enforcing the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections 20 to 33, inclusive, of this act, shall be deemed to have been so designated by the Administrator and may continue to administer and enforce the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections 20 to 33, inclusive, of this act.
2.Sec.
Notwithstanding35. the amendatory provisions of section 20 of this act authorizing the Administrator to designate a district board of health of a health district to administer and enforce the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections - *SB43_R1* – 25 – 20 to 33, inclusive, of this act, any district board of health which on the effective date of this act is administering and enforcing the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections 20 to 33, inclusive, of this act, shall be deemed to have been so designated by the Administrator and may continue to administer and enforce the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections 20 to 33, inclusive, of this act.
approval.5.This act becomes effective upon passage and approval.
This~~~~~ act25 becomes- effective83rd uponSession passage(2025) and H - *SB43_R1*
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 438.
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Enrolled and delivered to Governor.
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To enrollment.
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Assembly Amendment No. 566 concurred in.
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Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate. In Senate.
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Taken from General File. Placed on General File for next legislative day.
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From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.
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Read second time. Amended. (Amend. No. 566.) To printer.
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From committee: Amend, and do pass as amended.
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In Assembly. 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: 18, Nays: 3.) To Assembly.
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Read second time. Amended. (Amend. No. 58.) To printer.
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From committee: Amend, and do pass as amended. Placed on Second Reading File.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Health and Human Services. To printer.
Sponsors
- Senate Committee on Health and Human Services · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on · 3 voted No
Sponsors (1)
- Senate Committee on Health and Human Services
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 27 | 0 | 0 | 0 |
| Republican | 14 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 42 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (42)
| Member | Party | Vote |
|---|---|---|
| OâNeill, PK | — | Yea |
| Anderson, Natha C. | Democratic | Yea |
| Backus, Shea M. | Democratic | Yea |
| Brown-May, Tracy | Democratic | Yea |
| Carter, Max E., II | Democratic | Yea |
| Considine, Venicia | Democratic | Yea |
| D'Silva, Reuben | Democratic | Yea |
| Dalia, Joe | Democratic | Yea |
| Flanagan, Tanya P. | Democratic | Yea |
| González, Cecelia | Democratic | Yea |
| Goulding, Heather | Democratic | Yea |
| Hunt, Linda F. | Democratic | Yea |
| Jackson, Jovan A. | Democratic | Yea |
| Jauregui, Sandra | Democratic | Yea |
| Karris, Venise | Democratic | Yea |
| La Rue Hatch, Selena | Democratic | Yea |
| Marzola, Elaine H. | Democratic | Yea |
| Miller, Brittney M. | Democratic | Yea |
| Monroe-Moreno, Daniele | Democratic | Yea |
| Moore, Cinthia Zermeño | Democratic | Yea |
| Mosca, Erica | Democratic | Yea |
| Nadeem, Hanadi | Democratic | Yea |
| Nguyen, Duy | Democratic | Yea |
| Orentlicher, David | Democratic | Yea |
| Roth, Erica P. | Democratic | Yea |
| Torres-Fossett, Selena | Democratic | Yea |
| Watts, Howard | Democratic | Yea |
| Yeager, Steve | Democratic | Yea |
| Cole, Lisa K. | Republican | Yea |
| DeLong, Rich | Republican | Yea |
| Dickman, Jill | Republican | Yea |
| Edgeworth, Rebecca | Republican | Yea |
| Gallant, Danielle | Republican | Yea |
| Gray, Ken | Republican | Yea |
| Gurr, Bert K. | Republican | Yea |
| Hafen, Gregory T., II | Republican | Yea |
| Hansen, Alexis M. | Republican | Yea |
| Hardy, Melissa R.. | Republican | Yea |
| Hibbetts, Brian | Republican | Yea |
| Kasama, Heidi | Republican | Yea |
| Koenig, Gregory S. | Republican | Yea |
| Yurek, Toby | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 3 | 0 | 0 |
| Democratic | 13 | 0 | 0 | 0 |
| Total | 18 | 3 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Cannizzaro, Nicole J. | Democratic | Yea |
| Cruz-Crawford, Michelee "Shelly" | Democratic | Yea |
| Daly, Skip | Democratic | Yea |
| Dondero Loop, Marilyn | Democratic | Yea |
| Doñate, Fabian | Democratic | Yea |
| Flores, Edgar | Democratic | Yea |
| Lange, Roberta | Democratic | Yea |
| Neal, Dina | Democratic | Yea |
| Nguyen, Rochelle T. | Democratic | Yea |
| Ohrenschall, James | Democratic | Yea |
| Pazina, Julie | Democratic | Yea |
| Scheible, Melanie | Democratic | Yea |
| Taylor, Angela D. | Democratic | Yea |
| Buck, Carrie Ann | Republican | Nay |
| Ellison, John | Republican | Nay |
| Hansen, Ira | Republican | Yea |
| Krasner, Lisa | Republican | Yea |
| Rogich, Lori | Republican | Yea |
| Steinbeck, John C. | Republican | Yea |
| Stone, Jeff | Republican | Yea |
| Titus, Robin L. | Republican | Nay |
Subjects
Frequently asked questions
- Who sponsors SB 43?
- SB 43 is sponsored by Senate Committee on Health and Human Services.
- What is the current status of SB 43?
- This bill has been enacted into law. Introduced November 18, 2024. Enacted.
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