SB43 - Revises provisions relating to public health and safety. (BDR 40-264)

- 83rd Session (2025) Senate Bill No. 43–Committee on Health and Human Services CHAPTER.......... AN ACT relating to public health; authorizing certain district boards of health to be designated to act as a solid waste management authority or exercise certain powers of a solid waste management authority under certain circumstances; revising provisions relating to public swimming pools; removing the authority of certain district boards of health to administer the collection and disposal of solid waste; requiring the State Environmental Commission to adopt regulations establishing certain criteria for a district board of health to demonstrate capability for certain purposes; authorizing certain district boards of health to issue certain permits and administer and enforce certain provisions relating to public water systems under certain circumstances; removing the authority of certain district boards of health to administer certain provisions relating to public water systems; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth provisions governing the collection and disposal of solid waste. (NRS 444.440-444.645) For the purposes of such provisions, existing law defines a “solid waste management authority” to mean: (1) the district board of health in any area in which a health district has been created and, under certain circumstances, certain other areas under the jurisdiction of the board, if the board has adopted certain regulations; and (2) the Division of Environmental Protection of the State Department of Conservation and Natural Resources, in all other areas of the State and at any site previously used for the production of electricity from a coal-fired electric generating plant. (NRS 444.495) Section 4 of this bill authorizes the Administrator of the Division to designate a district board of health to act as a solid waste management authority or to carry out limited duties of a solid waste management authority if the district board of health: (1) applies to the Administrator for such a designation; (2) demonstrates that the district board of health is capable of carrying out the provisions of existing law relating to solid waste management, as determined by the Administrator; and (3) has adopted certain regulations relating to solid waste management. 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 capability to be designated by the Administrator. Section 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: (1) a district board of health if the board is designated under section 4; and (2) the Division, in all other areas of the State and at any site previously used for the production of electricity from a coal-fired electric generating plant. As a result of this change, a district board of health that is not – 2 – - 83rd Session (2025) designated by the Administrator is not authorized to act as a solid waste management authority. Consistent with these changes, sections 8, 13 and 16 of this bill provide that only a designated district board of health of a health district is required to adopt certain regulations relating to the collection and disposal of solid waste. Sections 8.5, 9, 14, 18 and 19 of this bill make conforming changes to reflect the divestment of the authority of a district board of health of a health district that is not designated to act as a solid waste management authority. 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 to issue permits thereunder. Existing law also authorizes any district board of health to adopt such other regulations as are necessary to carry out provisions relating to the collection and disposal of solid waste. (NRS 444.580) Section 15 of this bill provides that certain standards and regulations adopted by a district board of health or governing body must be consistent with an approved plan to provide for a solid waste management system. 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 reasonable 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 makes conforming changes to a reference to this term. 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. Existing law sets forth certain provisions governing public water systems and authorizes the Division and a district board of health to administer and enforce these provisions. (NRS 445A.800-445A.955) Existing law also authorizes the State Environmental Commission to designate a district board of health to issue permits to an owner of a public water system to operate the system. (NRS 445A.860, 445A.885) Section 20 of this bill authorizes the Administrator of the Division to 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: (1) applies for such a designation; and (2) demonstrates to the Administrator that the district board is capable of performing such actions. Section 23 of this bill requires the Commission to adopt regulations establishing the criteria for a district board of health to demonstrate capability to be designated by the Administrator. Section 34 provides that any district board of health that is currently administering and enforcing the provisions governing public water systems shall be – 3 – - 83rd Session (2025) 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 provisions governing public water systems to only a district board of health designated by the Administrator. Section 22 of this bill revises the definition of the term “district board of health” to clarify that a health district is created pursuant to certain provisions of existing law. Section 21 of this bill applies the definitions in existing law governing public water systems to section 20. 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. Section 23.5 of this bill makes a conforming change to revise an internal reference to a provision of the Nevada Revised Statutes. Existing law defines the term “public swimming pool” for the purposes of provisions governing the sanitation of such structures and 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 club or invited guests of the members. (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. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act. Sec. 2. “Health district” means a health district created pursuant to NRS 439.362 or 439.370. Sec. 3. “Resource Conservation and Recovery Act” means subchapter IV of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., as amended, and the regulations adopted pursuant thereto. Sec. 4. 1. 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, – 4 – - 83rd Session (2025) inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto, if the district board of health: (a) Applies to the Administrator for such a designation; (b) Demonstrates that the district board of health is capable of carrying 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, as determined by the Administrator; and (c) Adopts all regulations that are necessary to carry out the provisions or limited provisions, as applicable, of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto. 2. 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. If, following a review of the capability of a district board of health by the Division of Environmental Protection pursuant to subsection 2, the Administrator determines that the district board of health is not capable, the Administrator shall provide written notice of a deficiency by certified mail to the district board of health of this determination. If the deficiency identified in the written notice: (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. If the district board of health fails to correct the deficiency, the Administrator may issue an order revoking the designation of the district board of health. (b) Presents an imminent or substantial hazard to public health, safety or the environment, as determined by the Administrator, the Administrator may issue an order revoking the designation of the district board of health. A revocation issued pursuant to this paragraph is effective immediately. 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 – 5 – - 83rd Session (2025) which the designation is revoked. The district board of health may petition the State Environmental Commission for a hearing on the revocation. Such a petition must be received not more than 30 days after the date on which the designation was 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. Sec. 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 the Internal Revenue Code, 26 U.S.C. § 501(c)(7) or invited guests of the members [.] of such an organization. Sec. 5. NRS 444.450 is hereby amended to read as follows: 444.450 As used in NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.501, inclusive, [Text truncated for display. Full text available on LegiScan.]