SB173 - Establishes provisions relating to the environment. (BDR 52-585)

EXEMPT (Reprinted with amendments adopted on June 1, 2025) THIRD REPRINT S.B. 173 - *SB173_R3* SENATE BILL NO. 173–SENATOR NEAL PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Establishes provisions relating to the environment. (BDR 52-585) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Contains Appropriation not included in Executive Budget. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to the environment; establishing requirements governing the provision of disposable foodware accessories and standard condiments when using a food delivery service platform; prohibiting, with certain exceptions, the sale and distribution of certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances; requiring, with certain exceptions, manufacturers of cookware containing intentionally added perfluoroalkyl and polyfluoroalkyl substances to provide certain information to a consumer; setting forth requirements for a redevelopment agency relating to heat mitigation; requiring the Division of Emergency Management within the Office of the Military to apply for grants of money to reduce heat island effects under certain circumstances; requiring certain emergency management plans to include plans for heat mitigation under certain circumstances; establishing certain requirements relating to food-contact surfaces in food establishments; requiring the State Board of Cosmetology to collect and test random samples of certain packaged products relating to hair; making an appropriation; providing penalties; and providing other matters properly relating thereto. – 2 – - *SB173_R3* Legislative Counsel’s Digest: Existing law prohibits a food delivery service platform provider from 1 facilitating an online food order involving a food dispensing establishment unless 2 the food delivery service platform provider has entered into a written agreement 3 with the food dispensing establishment. (NRS 597.7635) Section 2 of this bill 4 requires a food delivery service platform provider to provide a user with the option 5 to request to receive disposable foodware accessories or standard condiments from 6 the food dispensing establishment with his or her order. Section 2 also prohibits a 7 food dispensing establishment that has a written agreement with a food delivery 8 service platform provider from: (1) providing disposable foodware accessories or 9 standard condiments with an order unless requested by the user; and (2) packaging 10 or bundling disposable foodware accessories or standard condiments for single use 11 in a manner that prevents the user from receiving only the disposable foodware 12 accessory or standard condiments that the user requested. Section 27 of this bill 13 makes a conforming change to indicate the placement of section 2 and applies 14 certain existing definitions relating to food delivery service platform providers to 15 section 2. Section 28 of this bill provides that a violation of section 2 shall be 16 deemed a deceptive trade practice and is subject to certain existing civil and 17 criminal penalties. 18 Existing law prohibits, with certain exceptions, the discharge, use or release of 19 any Class B firefighting foam that contains intentionally added perfluoroalkyl and 20 polyfluoroalkyl substances for the purpose of testing the Class B firefighting foam 21 or firefighting training. (NRS 459.682) Beginning on January 1, 2026, section 24 22 of this bill prohibits, with certain exceptions, a manufacturer from selling, offering 23 for sale, distributing for sale or distributing for use any carpet or rug, fabric 24 treatment, food packaging, juvenile product, cosmetic, indoor textile furnishing or 25 indoor upholstered furniture that contains intentionally added perfluoroalkyl and 26 polyfluoroalkyl substances. Section 24 also authorizes a manufacturer of such 27 products to include a sticker on the product label that states “NO PFAS” to inform 28 the consumer that the product does not contain intentionally added perfluoroalkyl 29 and polyfluoroalkyl substances. 30 Section 25 of this bill requires, with certain exceptions, a manufacturer of 31 cookware sold in this State that contains intentionally added perfluoroalkyl and 32 polyfluoroalkyl substances to list those substances on the product label of the 33 cookware and on any product listing for online sales: (1) that the product contains 34 intentionally added perfluoroalkyl and polyfluoroalkyl substances; and (2) an 35 Internet address and QR code for a website that contains certain information about 36 the intentionally added perfluoroalkyl and polyfluoroalkyl substances. Section 25 37 also authorizes a manufacturer of cookware that does not contain intentionally 38 added perfluoroalkyl and polyfluoroalkyl substances to include a sticker on the 39 product label that states “NO PFAS” to inform the consumer that the product does 40 not contain intentionally added perfluoroalkyl and polyfluoroalkyl substances. 41 Sections 6-22 of this bill define certain terms related to such substances. 42 Section 26 of this bill provides that a person who willfully and knowingly 43 violates the provisions of section 24 or 25 is subject to a civil penalty of not more 44 than $1,000 for each violation. 45 Section 23 of this bill provides an exception to the requirements and 46 prohibitions set forth in sections 5-26 of this bill to the extent that such provisions 47 are preempted by or conflict with federal law. 48 Existing law requires a redevelopment plan that contains a provision requiring 49 that taxes be levied upon taxable property in the respective redevelopment area to 50 allocate certain excess amounts of the levied taxes to pay the costs of 51 redevelopment and certain debts relating to redevelopment. (NRS 279.676) 52 Existing law further requires that a certain percentage of such allocated revenue be 53 set aside for certain purposes relating to: (1) affordable housing; and (2) public 54 – 3 – - *SB173_R3* educational facilities, activities and programs. (NRS 279.685, 279.6855) Section 29 55 of this bill provides that the existence of heat islands in a redevelopment area may 56 be considered blight. Section 29 requires a redevelopment agency to: (1) set aside 1 57 percent of such allocated revenue received on or after October 1, 2025, to increase, 58 improve or enhance landscaping in existing neighborhoods to provide shade and 59 reduce heat island effects in such neighborhoods; and (2) perform certain actions 60 relating to heat mitigation. Section 29 also requires the redevelopment agency to 61 prepare and submit a report to the Director of the Legislative Counsel Bureau for 62 transmission to the Joint Interim Standing Committee on Government Affairs or the 63 Legislature, as appropriate, regarding the amount of such money expended for 64 those purposes and present the results of the report and any updates to certain 65 standing committees of the Legislature. Section 30 of this bill provides that the 66 requirements of section 29 are an exception to the requirement that all such excess 67 allocated revenue be pledged for the payment of the principal and interest on loans, 68 advances and indebtedness relating to redevelopment. Section 31 of this bill makes 69 a conforming change to indicate the placement of section 29 in the Nevada Revised 70 Statutes. 71 Section 37 of this bill requires a redevelopment agency to: (1) partner with 72 certain organizations to identify drought tolerant trees to plant pursuant to the 73 requirements of section 29; and (2) contract with an arborist or the Cooperative 74 Extension Service of the University of Nevada, Reno, to identify and purchase tree 75 seedlings for planting pursuant to the requirements of section 29. 76 Existing law requires the Division of Emergency Management within the 77 Office of the Military to adopt regulations setting forth the manner in which federal 78 funds received by the Division to finance projects related to emergency 79 management and homeland security are allocated. (NRS 414.040) Section 32 of 80 this bill requires the Division to, where appropriate and applicable, apply for grants 81 of money from the Federal Government or other sources to reduce heat island 82 effects where such heat island effects threaten the health and safety of the residents 83 of this State and may result in or worsen an emergency or disaster. 84 Existing law authorizes the Governor to prepare a state emergency management 85 plan and requires the Chief of the Division to foster the adoption of plans for 86 emergency operations. (NRS 414.040, 414.060) Existing law requires such plans to 87 be developed and executed in collaboration with persons and organizations that 88 advocate for the needs of victims of emergencies and disasters. (NRS 414.093) 89 Section 33 of this bill requires such plans to include plans for mitigating any severe 90 heat experienced by the victims of emergencies or disasters. 91 Existing law establishes certain requirements for food establishments. (Chapter 92 446 of NRS) Section 33.3 of this bill: (1) requires a food establishment to ensure 93 that each food-contact surface in the food establishment is maintained in good 94 repair and free from excessive wear; (2) requires a health authority to visually 95 inspect the condition and sanitation of all food-contact surfaces during routine 96 inspections of a food establishment; and (3) authorizes a health authority to adopt 97 certain requirements or protocols relating to the inspection of food-contact surfaces. 98 Existing law creates the State Board of Cosmetology and requires the Board to 99 oversee applicants for a license and persons licensed in cosmetology, schools of 100 cosmetology, cosmetological establishments and facilities in which threading is 101 conducted. (NRS 644A.200, 644A.250) Section 34 of this bill requires, in any 102 county whose population is 700,000 or more (currently Clark County), the Board to 103 collect and test random samples sold or offered for sale at retail stores in the county 104 of: (1) hair products to determine whether the hair products contain formaldehyde; 105 and (2) braid hair, weaves and extensions to determine if the items contain known 106 carcinogens. Section 34 authorizes the Board to contract or enter into a 107 memorandum of understanding with a testing laboratory to conduct such testing. 108 – 4 – - *SB173_R3* Section 35 of this bill makes an appropriation to the Nevada Center for Applied 109 Research of the University of Nevada, Reno, to develop a scientific test to 110 determine whether packaged synthetic hair braids contain formaldehyde and to 111 purchase any necessary equipment and equipment warranties. 112 Section 36 of this bill authorizes the Board to enter into a memorandum of 113 understanding with the Nevada System of Higher Education, on behalf of the 114 Nevada Center for Applied Research, relating to the testing required by section 34. 115 Section 36 also requires that, if the Board enters into such a memorandum of 116 understanding, the Board must submit a report to the Director of the Legislative 117 Counsel Bureau for transmittal to the 84th Session of the Legislature that contains 118 the results of the testing required by section 34. 119 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 597 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 26, inclusive, of this 2 act. 3 Sec. 2. 1. A food delivery service platform provider shall 4 provide the user with the option to request to receive disposable 5 foodware accessories or standard condiments from a food 6 dispensing establishment providing an online food order. 7 2. A food dispensing establishment that has a written 8 agreement with a food delivery service platform provider in 9 accordance with NRS 597.7635 shall not: 10 (a) Provide any disposable foodware accessories or standard 11 condiments packaged for single use to a user of the food delivery 12 service platform unless the disposable foodware accessories or 13 standard condiment was requested by the user; or 14 (b) Package or bundle disposable foodware accessories or 15 standard condiments for single use in a manner that prevents a 16 user from receiving only the disposable foodware accessories or 17 standard condiments that the user requested. 18 3. As used in this section: 19 (a) “Disposable foodware accessory” means a single-use or 20 disposable fork, knife, spoon, spork, chopsticks, condiment cup or 21 packet, straw, stirrer, splash stick or cocktail stick. The term does 22 not include containers, bowls, plates, trays, cartons, cups or lids. 23 (b) “Standard condiments” means a relish, spice, sauce, 24 confection or seasoning that requires no additional preparation 25 and is generally used on a food item after preparation. The term 26 includes, without limitation, ketchup, mustard, mayonnaise, soy 27 sauce, hot sauce, salsa, salt, pepper, sugar and sugar substitutes. 28 Sec. 3. (Deleted by amendment.) 29 Sec. 4. (Deleted by amendment.) 30 – 5 – - *SB173_R3* Sec. 5. As used in sections 5 to 26, inclusive, of this act, the 1 words and terms defined in sections 6 to 22, inclusive, of this act 2 have the meanings ascribed to them in those sections. 3 Sec. 6. “Adult mattress” means any mattress other than a 4 toddler mattress, crib mattress or other sleep product for infants. 5 Sec. 7. “Carpet or rug” means a fabric product marketed or 6 intended for use as a floor covering in a household or business. 7 Sec. 8. “Component” means an identifiable component of a 8 product, regardless of whether the manufacturer of the product is 9 the manufacturer of the component. 10 Sec. 9. “Cookware” means a pot, pan, skillet, grill, baking 11 sheet, baking mold, tray, bowl or cooking utensil that is used in a 12 residence or kitchen to prepare, dispense or store food or 13 beverages. 14 Sec. 10. 1. “Cosmetic” means a product that is intended to 15 be rubbed onto or introduced into, poured, sprinkled, sprayed on 16 or otherwise applied to the human body for the purposes of 17 cleaning, cleansing, beautifying, promoting or altering the 18 appearance of a person, including, wit [Text truncated for display. 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