SB 260 — Revises provisions relating to air quality. (BDR 53-961)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on April 21, 2025) FIRST REPRINT S.B.

260260–Senators SFlores, ENATEDoñate; B ILLN O.

260–SENATORSand FLORESScheible ,Joint DOÑATESponsors: ;AND SCHEIBLE M ARCH 3, 2025 ____________ JOINT SPONSORS :

SSEMBLYMEMBERSAssemblymembers MMoore, OOREGonzález; , GONZÁLEZ ;AND D’S ILVA ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to air quality.

(BDRand 53-961)D’Silva FISCALCHAPTER.......... NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

CONTAINS UNFUNDED MANDATE (§ 1) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

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

establishingrequiring the Administrator of the Division of Industrial Relations of the Department of Business and Industry to adopt certain regulations prescribing requirements for certain employers relating to the exposure of certain employees to poor air quality from wildfire smoke in the workplace;

Existing law requires certain employers to establish and implement a written safety program that includes the establishment of a training program concerning safety in the workplace.

(NRS 618.383) Section 1 of this bill requires certaingthe employersAdministrator of the Division of Industrial Relations of the Department of Business reduce the exposure of an employee to also:poor air quality from wildfire smoke where the air quality index is:

(1) establish and implement a program to mitigate the exposure of employees who occasionally, frequently or constantly perform critical tasks outdoors to poor air quality from wildfire smoke and to monitor such employees for signs of health effects caused by exposure to poor air quality from wildfire smoke;

and (2) provide training to such employees on the program and the potential hazards of not using personal protection equipment while working outdoors and employer to monitor air quality before and as conditions change during each shifte of an employee who occasionally, frequently or constantly performs critical tasks outdoors.

Section 1 further requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to establish measures that an employer must take to reduce the exposure of an employee to poor air quality from wildfire smoke where the air quality index is:

- *SB260_R1* – 2 – and (2) 200 or more.

The Administrator is also required to establish by regulation an air quality index level caused by wildfire smoke at which an employer is prohibited from eachallowing employeran employee to establishperform acritical communicationstasks systemoutdoors. that:

(1)Section informs1 anfurther employeeresrequires wheneach theemployer employee is being exposed to certainestablish poora aircommunications quality;system that:

and(1) (2)informs allowsan any employee towhen report to the employeremployee theis presencebeing ofexposed suchto certain poor air qualityquality; and any symptom experienced by the employee that may be caused by such exposure.

Finally,and section(2) 1allows providesany thatsymptom theseexperienced requirementsby dothe notemployee applythat tomay anybe employercaused providerby ofsuch emergencyexposure. services;

orand (4)any hasSection 101 orfurther fewerrequires employees.drivers;the Administrator to adopt regulations:

(3)(1) isconcerning athe THEimplementation PEOPLEof OFsuch THEa STATEcommunication OFsystem; NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

and (2) that prescribe standards for training that certain employers are required to provide to certain employees.

Additionally, section 1 prohibits the regulations adopted by the Administrator from imposing additional liability on an employer for the purposes of certain policies of insurance.

Finally, section 1 provides that these requirements do commercial truck drivers;

(3) is a provider of emergency services;

or (4) has 10 or fewer employees.

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

ExceptThe asAdministrator otherwiseshall providedestablish inby subsectionregulation: 7, each employer shall:

(a)- Establish83rd andSession implement(2025) a– program2 that– meets(a) theMeasures requirementsthat ofan thisemployer sectionmust totake mitigate the exposure to poormonitor air quality from wildfire smoke of employees who occasionally, frequently or constantly perform critical tasks outdoors and toreduce monitorthe suchexposure employees for signs of healthan effectsemployee caused by exposure to poor air quality from wildfire smoke;smoke where:

and(1) (b)The Provideair toquality eachindex such employee, in a language and format that is understandable150 toor eachmore suchbut employee,less trainingthan on:200;

(1)and (2) The requirementsair ofquality thisindex section;is 200 or more;

(2)and The(b) programAn establishedair pursuantquality index level caused by wildfire smoke at which an employer shall not allow an employee to paragraphperform (a);critical tasks outdoors.

and (3) The potential hazards of not using personal protection equipment while working outdoors and being exposed to poor air quality from wildfire smoke.

TheEach employer shall monitorestablish aira qualitycommunications beforesystem andin asaccordance conditionswith changethe duringrequirements eachadopted shift of an employee who occasionally, frequently or constantly performs critical tasks outdoors by determiningregulation thepursuant Environmentalto Protectionsubsection Agency3 Airthat: Quality Index value from AirNow for the location of the critical tasks being performed by the employee.

If AirNow is not available, the employer may use one of the following sources, as appropriate, for monitoring air quality: