NRS445A.055. Regulation of fluoridation in county whose population is 700,000 or more; financial support for enforcement; payment of initial costs for compliance.

      1.  The State Board of Health shall adopt regulations requiring the fluoridation of all water delivered for human consumption in a county whose population is 700,000 or more by a:

      (a) Public water system that serves a population of 100,000 or more; or

      (b) Water authority.

      2.  The regulations must include, without limitation:

      (a) The minimum and maximum permissible concentrations of fluoride to be maintained by such a public water system or a water authority, except that:

             (1) The minimum permissible concentration of fluoride must not be less than 0.7 parts per million; and

             (2) The maximum permissible concentration of fluoride must not exceed 1.2 parts per million;

      (b) The requirements and procedures for maintaining proper concentrations of fluoride, including any necessary equipment, testing, recordkeeping and reporting;

      (c) Requirements for the addition of fluoride to the water if the natural concentration of fluorides is lower than the minimum permissible concentration established pursuant to paragraph (a); and

      (d) Criteria pursuant to which the State Board of Health may exempt a public water system or water authority from the requirement of fluoridation upon the request of the public water system or water authority.

      3.  The State Board of Health shall not require the fluoridation of:

      (a) The wells of a public water system or water authority if:

             (1) The groundwater production of the public water system or water authority is less than 15 percent of the total average annual water production of the system or authority for the years in which drought conditions are not prevalent; and

             (2) The wells are part of a combined regional and local system for the distribution of water that is served by a fluoridated source.

      (b) A public water system or water authority:

             (1) During an emergency or period of routine maintenance, if the wells of the system or authority are exempt from fluoridation pursuant to paragraph (a) and the supplier of water determines that it is necessary to change the production of the system or authority from surface water to groundwater because of an emergency or for purposes of routine maintenance; or

             (2) If the natural water supply of the system or authority contains fluoride in a concentration that is at least equal to the minimum permissible concentration established pursuant to paragraph (a) of subsection 2.

      4.  The State Board of Health may make an exception to the minimum permissible concentration of fluoride to be maintained in a public water system or water authority based on:

      (a) The climate of the regulated area;

      (b) The amount of processed water purchased by the residents of the regulated area; and

      (c) Any other factor that influences the amount of public water that is consumed by the residents of the regulated area.

      5.  The Division shall make reasonable efforts to secure any available sources of financial support, including, without limitation, grants from the Federal Government, for the enforcement of the standards established pursuant to this section and any related capital improvements.

      6.  A public water system or water authority may submit to the Division a claim for payment of the initial costs of the public water system or water authority to begin complying with the provisions of this section regardless of whether the public water system or water authority is required to comply with those provisions. The Administrator of the Division may approve such claims to the extent of legislative appropriations and any other money available for that purpose. Approved claims must be paid as other claims against the State are paid. The ongoing operational expenses of a public water system or water authority in complying with the provisions of this section are not compensable pursuant to this subsection.

      7.  As used in this section:

      (a) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (b) “Supplier of water” has the meaning ascribed to it in NRS 445A.845.

      (c) “Water authority” has the meaning ascribed to it in NRS 377B.040.

      (Added to NRS by 1999, 1112; A 1999, 3169; 2011, 1260; 2013, 3053)