S.B. 173 - *SB173* 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 and standard condiments when using a food delivery service platform; prohibiting the sale, offer for sale or distribution of certain products containing recycled black plastic; prohibiting the sale, offer for sale or distribution of plastic bottles designed to hold liquid for oral consumption; 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; requiring the State Board of Cosmetology to collect and test random samples of packaged synthetic hair braids; making an appropriation; providing penalties; and providing other matters properly relating thereto. – 2 – - *SB173* 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 or standard condiments from the food 6 dispensing establishment with his or her order. Section 2 also prohibits a food 7 dispensing establishment that has a written agreement with a food delivery service 8 platform provider from: (1) providing disposable foodware or standard condiments 9 with an order unless requested by the user; and (2) packaging or bundling 10 disposable foodware or standard condiments for single use in a manner that 11 prevents the user from receiving only the disposable foodware or standard 12 condiments that the user requested. Section 27 of this bill makes a conforming 13 change to indicate the placement of section 2 and applies certain existing 14 definitions relating to food delivery service platform providers to section 2. Section 15 28 of this bill provides that a violation of section 2 shall be deemed a deceptive 16 trade practice and is subject to certain existing civil and criminal penalties. 17 Beginning January 1, 2026, section 3 of this bill: (1) prohibits a manufacturer 18 from selling, offering for sale or distributing for sale or use any disposable 19 foodware, food packaging or utensils that are made wholly or partially from 20 recycled black plastic; and (2) makes a willful and knowing violation of this 21 prohibition subject to a civil penalty not to exceed $1,000. 22 Beginning January 1, 2026, section 4 of this bill prohibits a manufacturer from 23 selling, offering for sale or distributing for sale or use any plastic bottle designed to 24 hold liquid for oral consumption and makes a violation of this prohibition subject to 25 a civil penalty not to exceed $1,000. 26 Existing law prohibits, with certain exceptions, the discharge, use or release of 27 any Class B firefighting foam that contains intentionally added perfluoroalkyl and 28 polyfluoroalkyl substances for the purpose of testing the Class B firefighting foam 29 or firefighting training. (NRS 459.682) Beginning on January 1, 2026, section 24 30 of this bill prohibits, with certain exceptions, a manufacturer from selling, offering 31 for sale, distributing for sale or distributing for use any carpet or rug, fabric 32 treatment, food packaging, juvenile product, cosmetic, indoor textile furnishing or 33 indoor upholstered furniture that contains intentionally added perfluoroalkyl and 34 polyfluoroalkyl substances. Section 24 also authorizes a manufacturer of such 35 products to include a sticker on the product label that states “NO PFAS” to inform 36 the consumer that the product does not contain intentionally added perfluoroalkyl 37 and polyfluoroalkyl substances. 38 Section 25 of this bill requires, with certain exceptions, a manufacturer of 39 cookware sold in this State that contains intentionally added perfluoroalkyl and 40 polyfluoroalkyl substances to list those substances on the product label of the 41 cookware and on any product listing for online sales: (1) that the product contains 42 intentionally added perfluoroalkyl and polyfluoroalkyl substances; and (2) an 43 Internet address and QR code for a website that contains certain information about 44 the intentionally added perfluoroalkyl and polyfluoroalkyl substances. Section 25 45 also authorizes a manufacturer of cookware that does not contain intentionally 46 added perfluoroalkyl and polyfluoroalkyl substances to include a sticker on the 47 product label that states “NO PFAS” to inform the consumer that the product does 48 not contain intentionally added perfluoroalkyl and polyfluoroalkyl substances. 49 Sections 6-22 of this bill define certain terms related to such substances. 50 Section 26 of this bill provides that a person who willfully and knowingly 51 violates the provisions of section 24 or 25 is guilty of a misdemeanor. 52 – 3 – - *SB173* Section 23 of this bill provides an exception to the requirements and 53 prohibitions set forth in sections 5-26 of this bill to the extent that such provisions 54 are preempted by or conflict with federal law. 55 Existing law requires a redevelopment plan that contains a provision requiring 56 that taxes be levied upon taxable property in the respective redevelopment area to 57 allocate certain excess amounts of the levied taxes to pay the costs of 58 redevelopment and certain debts relating to redevelopment. (NRS 279.676) 59 Existing law further requires that a certain percentage of such allocated revenue be 60 set aside for certain purposes relating to: (1) affordable housing; and (2) public 61 educational facilities, activities and programs. (NRS 279.685, 279.6855) Section 29 62 of this bill requires a redevelopment agency to: (1) set aside 1 percent of such 63 allocated revenue received on or after October 1, 2025, to increase, improve or 64 enhance landscaping in existing neighborhoods to provide shade and reduce heat 65 island effects in such neighborhoods; and (2) perform certain actions relating to 66 heat mitigation. Section 29 also requires the redevelopment agency to prepare and 67 submit a report to the Director of the Legislative Counsel Bureau for transmission 68 to the Legislative Commission or the Legislature, as appropriate, regarding the 69 amount of such money expended for those purposes. Section 30 of this bill 70 provides that the requirements of section 29 are an exception to the requirement 71 that all such excess allocated revenue be pledged for the payment of the principal 72 and interest on loans, advances and indebtedness relating to redevelopment. 73 Section 31 of this bill makes a conforming change to indicate the placement of 74 section 29 in the Nevada Revised Statutes. 75 Section 37 of this bill requires a redevelopment agency to: (1) partner with 76 certain organizations to identify drought tolerant trees to plant pursuant to the 77 requirements of section 29; and (2) contract with an arborist or the Cooperative 78 Extension Service of the University of Nevada, Reno, to identify and purchase tree 79 seedlings for planting pursuant to the requirements of section 29. 80 Existing law requires the Division of Emergency Management within the 81 Office of the Military to adopt regulations setting forth the manner in which federal 82 funds received by the Division to finance projects related to emergency 83 management and homeland security are allocated. (NRS 414.040) Section 32 of 84 this bill requires the Division to, where appropriate and applicable, apply for grants 85 of money from the Federal Government or other sources to reduce heat island 86 effects where such heat island effects threaten the health and safety of the residents 87 of this State and may result in or worsen an emergency or disaster. 88 Existing law authorizes the Governor to prepare a state emergency management 89 plan and requires the Chief of the Division to foster the adoption of plans for 90 emergency operations. (NRS 414.040, 414.060) Existing law requires such plans to 91 be developed and executed in collaboration with persons and organizations that 92 advocate for the needs of victims of emergencies and disasters. (NRS 414.093) 93 Section 33 of this bill requires such plans to include plans for mitigating any severe 94 heat experienced by the victims of emergencies or disasters. 95 Existing law creates the State Board of Cosmetology and requires the Board to 96 oversee applicants for a license and persons licensed in cosmetology, schools of 97 cosmetology, cosmetological establishments and facilities in which threading is 98 conducted. (NRS 644A.200, 644A.250) Section 34 of this bill: (1) requires the 99 Board to collect and test random samples of packaged synthetic hair braids sold or 100 offered for sale in this State to determine whether the braids contain formaldehyde; 101 and (2) authorizes the Board to contract with a testing laboratory to conduct the 102 testing of packaged synthetic hair braids. 103 Section 35 of this bill makes an appropriation to the Nevada Center for Applied 104 Research of the University of Nevada, Reno, to develop a scientific test to 105 determine whether packaged synthetic hair braids contain formaldehyde and to 106 purchase any necessary equipment and equipment warranties. 107 – 4 – - *SB173* Section 36 of this bill requires the Board to contract with the Nevada Center for 108 Applied Research to conduct the testing of packaged synthetic hair braids required 109 by section 34 and to provide annual reports to the Board with the results of the 110 testing. 111 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 or standard condiments from a food dispensing 6 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 or standard condiments 11 packaged for single use to a user of the food delivery service 12 platform unless the disposable foodware or standard condiment 13 was requested by the user; or 14 (b) Package or bundle disposable foodware or standard 15 condiments for single use in a manner that prevents a user from 16 receiving only the disposable foodware or standard condiments 17 that the user requested. 18 3. As used in this section: 19 (a) “Disposable foodware” means a single-use or disposable 20 item that is used for heating, storing, packaging, serving, 21 consuming or transporting a prepared or ready-to-eat food or 22 beverage item. The term includes, without limitation, bowls, plates, 23 trays, cartons, cups, lids, containers, utensils, chopsticks, 24 condiment cups and packets, straws, stirrers, splash sticks and 25 cocktail sticks. 26 (b) “Standard condiments” means a relish, spice, sauce, 27 confection or seasoning that requires no additional preparation 28 and is generally used on a food item after preparation. The term 29 includes, without limitation, ketchup, mustard, mayonnaise, soy 30 sauce, hot sauce, salsa, salt, pepper, sugar and sugar substitutes. 31 Sec. 3. 1. A manufacturer shall not sell, offer for sale, 32 distribute for sale or distribute for use in this State any disposable 33 foodware, food packaging or utensils that are made wholly or 34 partially from recycled black plastic. 35 – 5 – - *SB173* 2. A person who willfully and knowingly violates the 1 provisions of this section is subject to a civil penalty not to exceed 2 $1,000. 3 3. The provisions of this section do not apply to the extent 4 that those provisions are preempted by or conflict with federal law. 5 4. As used in this section: 6 (a) “Black plastic” means any plastic with a black plastic resin 7 code 1 through 7, inclusive. 8 (b) “Disposable foodware” means a single-use or disposable 9 item that is used for heating, storing, packaging, serving, 10 consuming or transporting a prepared or ready-to-eat food or 11 beverage item. The term includes, without limitation, bowls, plates, 12 trays, cartons, cups, lids, containers, utensils, chopsticks, 13 condiment cups and packets, straws, stirrers, splash sticks and 14 cocktail sticks. 15 (c) “Food packaging” means a package or packaging 16 component that is used in direct contact with food. 17 (d) “Package” means the material that is intended or used to 18 contain, protect, handle, deliver or present a product. 19 (e) “Packaging component” means an individual part of a 20 package. 21 (f) “Utensil” means an implement or container that is used in 22 direct contact with food and in the storage, preparation, 23 transportation, dispensing, sale or service of food, including, 24 without limitation, kitchenware or tableware that is multi-use, 25 single-service or single-use. 26 Sec. 4. 1. A manufacturer shall not sell, offer for sale, 27 distribute for sale or distribute for use in this State any plastic 28 bottle designed to hold liquid for oral consumption. 29 2. A person who willfully and knowingly violates the 30 provisions of this section is subject to a civil penalty not to exceed 31 $1,000. 32 3. The provisions of this section do not apply to the extent 33 that those provisions are preempted by or conflict with federal law. 34 Sec. 5. As used in sections 5 to 26, inclusive, of this act, the 35 words and terms defined in sections 6 to 22, inclusive, of this act 36 have the meanings ascribed to them in those sections. 37 Sec. 6. “Adult mattress” means any mattress other than a 38 toddler mattress, crib mattress or other sleep product for infants. 39 Sec. 7. “Carpet or rug” means a fabric product marketed or 40 intended for use as a floor covering in a household or business. 41 Sec. 8. “Component” means an identifiable component of a 42 product, regardless of whether the manufacturer of the product is 43 the manufacturer of the component. 44 – 6 – - *SB173* Sec. 9. “Cookware” means a durable houseware product that 1 is used in a residence or kitchen to prepare, dispense or store food 2 or beverages, including, without limitation, any pot, pan, skillet, 3 grill, baking sheet, baking mold, tray, bowl or cooking utensil. 4 Sec. 10. 1. “Cosmetic” means a product that is intended to 5 be rubbed onto or introduced into, poured, sprinkled, sprayed on 6 or otherwise applied to the human body for the purposes of 7 cleaning, cleansing, beautifying, promoting or altering the 8 appearance of a person, including, without limitation, any skin 9 moisturizer, perfume, lipstick, nail polish, eye or facial makeup, 10 shampoo, conditioner, permanent wave, hair dye or deodorant. 11 2. The term does not include: 12 (a) A product that requires a prescription for distribution or 13 dispensation; or 14 (b) Hydrofluoroolefins used as propellants in cosmetics. 15 Sec. 11. “Fabric treatment” means a product applied to 16 fabric to give the fabric one or more characteristics, including, 17 without limitation, stain resistance or water resistance. The term 18 does not include hydrofluoroolefins used as propellants in fabric 19 treatments. 20 Sec. 12. “Food packaging” means a package or packaging 21 component that is used in direct contact with food and is 22 composed, in substantial part, of paper, paperboard or other 23 materials originally derived from plant fibers. 24 Sec. 13. 1. “Intentionally added perfluoroalkyl and 25 polyfluoroalkyl substances” means perfluoroalkyl and 26 polyfluoroalkyl substances that a manufacturer has intentionally 27 added to a product and that have a functional or technical effect 28 on the product. The term includes, without limitation, 29 perfluoroalkyl and polyfluoroalkyl substances that are intentional 30 breakdown products of an added chemical that also have a 31 functional or technical effect on the product. 32 2. The term does not include the use of recycled materials 33 which may contain perfluoroalkyl and polyfluoroalkyl substances 34 due to the use of perfluoroalkyl and polyfluoroalkyl substances in 35 the original product. 36 Sec. 14. 1. “Juvenile product” means a product designed 37 by a manufacturer for use by an infant or child less than 12 years 38 of age, including, without limitation, a bassinet, child restraint 39 system for use in motor vehicles, changing pad, toddler mattress, 40 crib mattress or other sleep product for infants, high chair, infant 41 carrier, infant seat, polyurethane foam mat, pad or pillow, nap cot, 42 play mat, playpen or stroller. 43 2. The term does not include: 44 – 7 – - *SB173* (a) Electronic products, including, without limitation, any 1 personal computer and any associated equipment, audio and video 2 equipment, calculator, wireless phone, gaming console, handheld 3 device incorporating a video screen or any associated peripheral 4 device such as a mouse, keyboard, power supply unit or power 5 cord; 6 (b) An internal component of a juvenile product that is not 7 designed or intended to come into direct contact with the skin or 8 mouth of a child as a result of the reasonably foreseeable use of 9 the product; 10 (c) An adult mattress; or 11 (d) An off-highway vehicle, as defined in NRS 490.060, 12 designed for use by a child, a replacement part for such an off-13 highway vehicle and any protective clothing or equipment 14 intended for use by a child while operating such an off-highway 15 vehicle. 16 Sec. 15. “Manufacturer” means a person that manufactures 17 or assembles a product. The term includes, without limitation, the 18 importer or first domestic distributor of the product if a product is 19 imported into the United States and the manufacturer does not 20 have a presence in the United States. 21 Sec. 16. “Package” means the material that is intended or 22 used to contain, protect, handle, deliver or present a product. 23 Sec. 17. “Packaging component” means an individual part 24 of a package, including, without limitation, the interior or exterior 25 blocking, bracing, cushioning, weatherproofing, exterior 26 strapping, coating, closure, ink or label. 27 Sec. 18. “Perfluoroalkyl and polyfluoroalkyl substances” has 28 the meaning ascribed to it in NRS 459.678. 29 Sec. 19. 1. “Product” means an item, and any component 30 of such an item, that is manufactured, assembled or otherwise 31 prepared for sale or distribution to a customer and that is sold or 32 distributed for personal, residential, commercial or industrial use, 33 including, without limitation, for use in making other products. 34 2. The term does not include: 35 (a) Any drug, medical device, biologic or diagnostic regulated 36 by the United States Food and Drug Administration or the United 37 States Department of Agriculture; 38 (b) Any drug, medical device, biologic, parasiticide or 39 diagnostic administered or used to treat animals regulated by the 40 United States Food and Drug Administration pursuant to the 41 Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 351 et seq., 42 the United States Department of Agriculture pursuant to the 43 Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 et seq. or the United 44 States Environmental Protection Agency pursuant to the Federal 45 – 8 – - *SB173* Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et 1 seq.; 2 (c) A veterinary pesticide product approved by the United 3 States Environmental Protection Agency for use in animals; 4 (d) Medical food, as defined in section 5(b)(3) of the Orphan 5 Drug Act, 21 U.S.C. § 360ee(b)(3); 6 (e) Infant formula, as defined in NRS 597.990; 7 (f) Any packaging used for a product described in paragraphs 8 (a) to (e), inclusive; or 9 (g) A used product offered for sale or resale. 10 Sec. 20. “Textile” means any product made in whole or in 11 part from a natural or synthetic fiber, yarn or fabric, including, 12 without limitation, leather, cotton, silk, jute, hemp, wool, nylon or 13 polyester. The term does not include any textile used in a medical, 14 professional or industrial setting. 15 Sec. 21. “Textile furnishing” means a type of textile intended 16 for use in households and businesses, including, without 17 limitation, any drapery, floor covering, furnishing, bedding, towel 18 or tablecloth. The term does not include a textile furnishing 19 intended for use in a medical, professional or industrial setting. 20 Sec. 22. “Upholstered furniture” means any article of 21 furniture that is: 22 1. Designed for sitting, resting or reclining; and 23 2. Wholly or partially stuffed with filling material. 24 Sec. 23. The provisions of sections 5 to 26, inclusive, of this 25 act do not apply to the extent that those provisions are preempted 26 by or conflict with federal law, including, without limitation, any 27 provision of federal law requiring the use of products that contain 28 intentionally added perfluoroalkyl and polyfluoroalkyl substances 29 or authorizing the use of intentionally added perfluoroalkyl and 30 polyfluoroalkyl substances in a product or any product surface 31 that comes into contact with food or beverages. 32 Sec. 24. 1. A manufacturer shall not sell, offer for sale, 33 distribute for sale or distribute for use in this State any of the 34 following types of products if the product contains intentionally 35 added perfluoroalkyl and polyfluoroalkyl substances: 36 (a) Carpets or rugs; 37 (b) Fabric treatments; 38 (c) Food packaging; 39 (d) Juvenile products; 40 (e) Cosmetics; 41 (f) Indoor textile furnishings; or 42 (g) Indoor upholstered furniture. 43 2. A manufacturer of the products described in subsection 1 44 may include on the product label a sticker suitable to the size of 45 – 9 – - *SB173* the product label stating “NO PFAS” to inform the consumer of 1 the product that the product does not contain intentionally added 2 perfluoroalkyl and polyfluoroalkyl substances. 3 3. The provisions of this section do not apply to: 4 (a) A product which contains perfluoroalkyl and 5 polyfluoroalkyl substances due to the use of recycled materials 6 containing perfluoroalkyl and polyfluoroalkyl substances in the 7 original product; 8 (b) A carpet or rug that was manufactured or imported before 9 January 1, 2026; or 10 (c) Any other textile product, other than a carpet or rug, that 11 was manufactured or imported before January 1, 2026. 12 Sec. 25. 1. A manufacturer of cookware sold in this State 13 that contains intentionally added perfluoroalkyl and 14 polyfluoroalkyl substances in the handle of the product or in any 15 product surface that comes into contact with any food or 16 beverages shall: 17 (a) Except as otherwise provided in subsection 3, list the 18 presence of those substances on the product label. The list of such 19 substances must be prefaced by the phrase “This product 20 contains:”; 21 (b) Except as otherwise provided in subsection 3, include on 22 the product label a statement, in both English and Spanish, that 23 reads: “For more information about chemicals in this product, 24 visit” followed by: 25 (1) An Internet address for a website that provides 26 information about why the perfluoroalkyl and polyfluoroalkyl 27 substances are intentionally added; and 28 (2) A two dimensional bar code, commonly known as a QR 29 code or other machine-readable code used for storing an Internet 30 address for the website that provides information about why the 31 perfluoroalkyl and polyfluoroalkyl substances are intentionally 32 added; 33 (c) Include in any product listing for online sales in this State, 34 the information required to be included on the product label 35 pursuant to paragraphs (a) and (b); and 36 (d) Ensure that the information required pursuant to 37 paragraphs (a), (b) and (c) is clearly visible and legible to the 38 consumer on the label and on the product listing for online sales. 39 2. A manufacturer of cookware: 40 (a) Shall not claim on the packaging for cookware that the 41 cookware is free of perfluoroalkyl and polyfluoroalkyl substances, 42 unless no individual perfluoroalkyl or polyfluoroalkyl compound 43 has been intentionally added to the cookware. 44 – 10 – - *SB173* (b) That does not contain intentionally added perfluoroalkyl 1 and polyfluoroalkyl substances may include on the product label a 2 sticker suitable to the size of the product stating “NO PFAS” to 3 inform the consumer of the product that the product does not 4 contain intentionally added perfluoroalkyl and polyfluoroalkyl 5 substances. 6 3. Cookware that meets the following requirements is exempt 7 from the requirements of paragraphs (a) and (b) of subsection 1: 8 (a) The surface area of the cookware cannot fit a product label 9 of at least 2 square inches; and 10 (b) The cookware does not have: 11 (1) An exterior or wrapper on which a product label can 12 appear or be affixed; or 13 (2) A tag or other attachment with information about the 14 product attached to the cookware. 15 4. Except as otherwise provided in subsection 3, a 16 manufacturer shall not sell, offer for sale, distribute for sale or 17 distribute for use any cookware that contains one or more 18 intentionally added perfluoroalkyl and polyfluoroalkyl substances 19 in the handle of the product or in any product surface that comes 20 into contact with food or beverages, unless the manufacturer and 21 the cookware comply with the requirements of this section. 22 Sec. 26. A person who willfully and knowingly violates the 23 provisions of section 24 or 25 of this act is guilty of a 24 misdemeanor. 25 Sec. 27. NRS 597.7625 is hereby amended to read as follows: 26 597.7625 As used in NRS 597.7625 to 597.7642, inclusive, 27 and section 2 of this act, unless the context otherwise requires, the 28 words and terms defined in NRS 597.7626 to 597.7634, inclusive, 29 have the meanings ascribed to them in those sections. 30 Sec. 28. NRS 597.7642 is hereby amended to read as follows: 31 597.7642 A person who knowingly violates NRS 597.7639, 32 597.764 or 597.7641 or section 2 of this act is deemed to have 33 committed a deceptive trade practice for the purposes of NRS 34 598.0903 to 598.0999, inclusive. 35 Sec. 29. Chapter 279 of NRS is hereby amended by adding 36 thereto a new section to read as follows: 37 1. Except as otherwise provided in this section, an agency 38 that receives revenue pursuant to paragraph (b) of subsection 1 of 39 NRS 279.676 from taxes on the taxable property in the 40 redevelopment area affected by the ordinance adopted pursuant to 41 subsection 5 of NRS 279.676 shall set aside 1 percent of the 42 revenue received on or after October 1, 2025, to increase, improve 43 or enhance landscaping in existing neighborhoods of the 44 community in order to provide shade and reduce heat island 45 – 11 – - *SB173* effects in such neighborhoods. For the purposes of providing 1 shade and reducing heat island effects, the agency shall: 2 (a) Establish requirements to plant trees to provide shade, 3 which must include, without limitation, a review of the orientation 4 of the layout of existing buildings in the neighborhood and 5 planning to promote heat reduction and the creation of canopies; 6 (b) Create a system to track the seedling type, planting and life 7 cycle for all trees planted as a result of this section; 8 (c) If feasible, build or install structures to promote shade and 9 reduce heat island effects based on available scientific studies on 10 the reduction of heat island effects; and 11 (d) If feasible, partner with additional governmental entities or 12 nonprofit organizations to promote shade and reduce heat island 13 effects. 14 2. For each fiscal year, the agency shall prepare a written 15 report concerning the amount of money expended for the purposes 16 set forth in subsection 1 and shall, on or before November 30 of 17 each year, submit a copy of the report to the Director of the 18 Legislative Counsel Bureau for transmittal to the Legislative 19 Commission, if the report is received during an odd-numbered 20 year, or to the next session of the Legislature, if the report is 21 received during an even-numbered year. 22 3. The obligation of an agency pursuant to subsection 1 to set 23 aside 1 percent of the revenue allocated to and received by the 24 agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 25 is subordinate to any existing obligations of the agency. As used in 26 this subsection, “existing obligations” means the principal and 27 interest, when due, on any bonds, notes or other indebtedness 28 whether funded, refunded, assumed or otherwise incurred by an 29 agency before October 1, 2025, to finance or refinance in whole or 30 in part, the redevelopment of a redevelopment area. For the 31 purposes of this subsection, obligations incurred by an agency on 32 or after October 1, 2025, shall be deemed existing obligations if 33 the net proceeds are used to refinance existing obligations of the 34 agency. 35 Sec. 30. NRS 279.680 is hereby amended to read as follows: 36 279.680 Except as otherwise provided in subsection 6 of NRS 37 279.676 and NRS 279.685 and 279.6855 [,] and section 29 of this 38 act, in any redevelopment plan, or in the proceedings for the 39 advance of money, or the making of loans, or the incurring of any 40 indebtedness, whether funded, refunded, assumed or otherwise, by 41 the redevelopment agency to finance or refinance, in whole or in 42 part, the redevelopment project, the portion of taxes mentioned in 43 paragraph (b) of subsection 1 of NRS 279.676 may be irrevocably 44 – 12 – - *SB173* pledged for the payment of the principal of and interest on those 1 loans, advances or indebtedness. 2 Sec. 31. NRS 374.358 is hereby amended to read as follows: 3 374.358 1. A person who maintains a business or intends to 4 locate a business in a historically underutilized business zone, as 5 defined in 15 U.S.C. § 632, redevelopment area created pursuant to 6 NRS 279.382 to 279.687, inclusive, and section 29 of this act, area 7 eligible for a community development block grant pursuant to 24 8 C.F.R. Part 570 or enterprise community established pursuant to 24 9 C.F.R. Part 597 in this State may, pursuant to the applicable 10 provisions of NRS 274.310, 274.320 or 274.330, apply to the Office 11 of Economic Development for an abatement from the taxes imposed 12 by this chapter on the gross receipts from the sale, and the storage, 13 use or other consumption, of eligible machinery or equipment for 14 use by a business which has been approved for an abatement 15 pursuant to NRS 274.310, 274.320 or 274.330. 16 2. If an application for an abatement is approved pursuant to 17 NRS 274.310, 274.320 or 274.330: 18 (a) The taxpayer is eligible for an abatement from the tax 19 imposed by this chapter for a duration of not less than 1 year but not 20 more than 5 years. 21 (b) The abatement must be administered and carried out in the 22 manner set forth in the applicable provisions of NRS 274.310, 23 274.320 or 274.330. 24 3. As used in this section, unless the context otherwise 25 requires, “eligible machinery or equipment” means machinery or 26 equipment for which a deduction is authorized pursuant to 26 U.S.C. 27 § 179. The term does not include: 28 (a) Buildings or the structural components of buildings; 29 (b) Equipment used by a public utility; 30 (c) Equipment used for medical treatment; 31 (d) Machinery or equipment used in mining; or 32 (e) Machinery or equipment used in gaming. 33 Sec. 32. NRS 414.040 is hereby amended to read as follows: 34 414.040 1. A Division of Emergency Management is hereby 35 created within the Office of the Military. The Chief of the Division 36 is appointed by and holds office at the pleasure of the Adjutant 37 General of the Office of the Military. The Division is the State 38 Agency for Emergency Management and the State Agency for Civil 39 Defense for the purposes of the Compact ratified by the Legislature 40 pursuant to NRS 415.010. The Chief is the State’s Director of 41 Emergency Management and the State’s Director of Civil Defense 42 for the purposes of that Compact. 43 2. The Chief may employ technical, clerical, stenographic and 44 other personnel as may be required, and may make such 45 – 13 – - *SB173* expenditures therefor and for other expenses of his or her office 1 within the appropriation therefor, or from other money made 2 available to him or her for purposes of emergency management, as 3 may be necessary to carry out the purposes of this chapter. 4 3. The Chief, subject to the direction and control of the 5 Adjutant General, shall carry out the program for emergency 6 management in this State. The Chief shall coordinate the activities 7 of all organizations for emergency management within the State, 8 maintain liaison with and cooperate with agencies and organizations 9 of other states and of the Federal Government for emergency 10 management and carry out such additional duties as may be 11 prescribed by the Adjutant General. 12 4. The Chief shall assist in the development of comprehensive, 13 coordinated plans for emergency management by adopting an 14 integrated process, using the partnership of governmental entities, 15 business and industry, volunteer organizations and other interested 16 persons, for the mitigation of, preparation for, response to and 17 recovery from emergencies or disasters. In adopting this process, the 18 Chief shall: 19 (a) Except as otherwise provided in NRS 232.3532, develop 20 written plans for the mitigation of, preparation for, response to and 21 recovery from emergencies and disasters. The plans developed by 22 the Chief pursuant to this paragraph must include the information 23 prescribed in NRS 414.041 to 414.044, inclusive. 24 (b) Conduct activities designed to: 25 (1) Eliminate or reduce the probability that an emergency 26 will occur or to reduce the effects of unavoidable disasters; 27 (2) Prepare state and local governmental agencies, private 28 organizations and other persons to be capable of responding 29 appropriately if an emergency or disaster occurs by fostering the 30 adoption of plans for emergency operations, conducting exercises to 31 test those plans, training necessary personnel and acquiring 32 necessary resources; 33 (3) Test periodically plans for emergency operations to 34 ensure that the activities of state and local governmental agencies, 35 private organizations and other persons are coordinated; 36 (4) Provide assistance to victims, prevent further injury or 37 damage to persons or property and increase the effectiveness of 38 recovery operations; and 39 (5) Restore the operation of vital community life-support 40 systems and return persons and property affected by an emergency 41 or disaster to a condition that is comparable to or better than what 42 existed before the emergency or disaster occurred. 43 5. In addition to any other requirement concerning the program 44 of emergency management in this State, the Chief shall: 45 – 14 – - *SB173* (a) Maintain an inventory of any state or local services, 1 equipment, supplies, personnel and other resources related to 2 participation in the Nevada Intrastate Mutual Aid System 3 established pursuant to NRS 414A.100; 4 (b) Coordinate the provision of resources and equipment within 5 this State in response to requests for mutual aid pursuant to NRS 6 414.075 or chapter 414A of NRS; 7 (c) Coordinate with state agencies, local governments, Indian 8 tribes or nations and special districts to use the personnel and 9 equipment of those state agencies, local governments, Indian tribes 10 or nations and special districts as agents of the State during a 11 response to a request for mutual aid pursuant to NRS 414.075 or 12 414A.130; and 13 (d) Provide notice: 14 (1) On or before February 15 of each year to the governing 15 body of each political subdivision of whether the political 16 subdivision has complied with the requirements of NRS 239C.250; 17 (2) On or before February 15 of each year to the Chair of the 18 Public Utilities Commission of Nevada of whether each utility that 19 is not a governmental utility and each provider of new electric 20 resources has complied with the requirements of NRS 239C.270; 21 (3) On or before February 15 of each year to the Governor of 22 whether each governmental utility described in subsection 1 of NRS 23 239C.050 and each provider of new electric resources has complied 24 with the requirements of NRS 239C.270; 25 (4) On or before February 15 of each year to the governing 26 body of each governmental utility described in subsection 2 of NRS 27 239C.050 and each provider of new electric resources of whether 28 each such governmental utility has complied with the requirements 29 of NRS 239C.270; 30 (5) On or before November 15 of each year to the 31 Superintendent of Public Instruction of whether each board of 32 trustees of a school district, governing body of a charter school or 33 governing body of a private school has complied with the 34 requirements of NRS 388.243 or 394.1687, as applicable; and 35 (6) On or before November 15 of each year to the Chair of 36 the Nevada Gaming Control Board of whether each resort hotel has 37 complied with the requirements of NRS 463.790. 38 6. The Division shall: 39 (a) Perform the duties required pursuant to chapter 415A of 40 NRS; 41 (b) Perform the duties required pursuant to NRS 353.2753 at the 42 request of a state agency or local government; 43 (c) Adopt regulations setting forth the manner in which federal 44 funds received by the Division to finance projects related to 45 – 15 – - *SB173* emergency management and homeland security are allocated, except 1 with respect to any funds committed by specific statute to the 2 regulatory authority of another person or agency, including, without 3 limitation, funds accepted by the State Emergency Response 4 Commission pursuant to NRS 459.740; [and] 5 (d) Where appropriate and applicable, apply for grants of 6 money from the Federal Government or other sources that will 7 assist in the reduction of heat island effects where such heat 8 island effects would threaten the health and safety of residents of 9 this State and may result in or worsen an emergency or disaster; 10 and 11 (e) Submit a written report to the Nevada Commission on 12 Homeland Security within 60 days of making a grant of money to a 13 state agency, political subdivision or tribal government to pay for a 14 project or program relating to the prevention of, detection of, 15 mitigation of, preparedness for, response to and recovery from acts 16 of terrorism that includes, without limitation: 17 (1) The total amount of money that the state agency, political 18 subdivision or tribal government has been approved to receive for 19 the project or program; 20 (2) A description of the project or program; and 21 (3) An explanation of how the money may be used by the 22 state agency, political subdivision or tribal government. 23 7. The Division shall develop a written guide for the 24 preparation and maintenance of an emergency response plan to 25 assist a person or governmental entity that is required to file a plan 26 pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 27 463.790. The Division shall review the guide on an annual basis and 28 revise the guide if necessary. On or before January 15 of each year, 29 the Division shall post the guide on a publicly accessible Internet 30 website maintained by the Division. 31 8. The Division shall provide a copy of the written guide 32 developed pursuant to subsection 7 to a person or governmental 33 entity that is required to file a plan pursuant to NRS 239C.250, 34 239C.270, 388.243, 394.1687 or 463.790 upon the request of such a 35 person or entity. 36 Sec. 33. NRS 414.093 is hereby amended to read as follows: 37 414.093 1. Any state emergency management plan prepared 38 pursuant to NRS 414.060 and each plan for emergency operations 39 specified in subparagraph (2) of paragraph (b) of subsection 4 of 40 NRS 414.040 that is adopted by a state or local governmental 41 agency must: 42 (a) Be developed and executed in collaboration with persons and 43 organizations that advocate for the needs of victims of emergencies 44 and disasters; and 45 – 16 – - *SB173* (b) Include, without limitation: 1 (1) Plans for providing assistance to victims of emergencies 2 or disasters; 3 (2) Procedures for coordinating and accepting donations on 4 behalf of such victims of emergencies or disasters, including, 5 without limitation, procedures that allow donations to be accepted in 6 a manner that is convenient for donors and have low administrative 7 costs; [and] 8 (3) Plans for mitigating any severe heat experienced by 9 victims of emergencies or disasters; and 10 (4) Other provisions recommended by the Office for Victims 11 of Crime of the United States Department of Justice for helping 12 victims of mass violence and terrorism. 13 2. Any state emergency management plan prepared pursuant to 14 NRS 414.060 must include, without limitation, a prescribed chain of 15 command that includes each person responsible for overseeing or 16 executing any part of the response to an emergency or disaster. 17 Sec. 34. Chapter 644A of NRS is hereby amended by adding 18 thereto a new section to read as follows: 19 1. The Board shall collect and test random samples of 20 packaged synthetic hair braids sold or offered for sale in this State 21 to determine if the braids contain formaldehyde. 22 2. The Board may contract with a testing laboratory to 23 conduct the testing required by subsection 1. 24 Sec. 35. 1. There is hereby appropriated from the State 25 General Fund to the Nevada Center for Applied Research of the 26 University of Nevada, Reno, the sum of $75,000 to develop a 27 scientific test to determine whether packaged synthetic hair braids 28 contain formaldehyde and to purchase any equipment and 29 equipment warranties necessary to develop and perform the test. 30 2. Any remaining balance of the appropriation made by 31 subsection 1 must not be committed for expenditure after June 30, 32 2027, by the entity to which the appropriation is made or any entity 33 to which money from the appropriation is granted or otherwise 34 transferred in any manner, and any portion of the appropriated 35 money remaining must not be spent for any purpose after 36 September 17, 2027, by either the entity to which the money was 37 appropriated or the entity to which the money was subsequently 38 granted or transferred, and must be reverted to the State General 39 Fund on or before September 17, 2027. 40 Sec. 36. The State Board of Cosmetology shall enter into a 41 contract with the Nevada Center for Applied Research of the 42 University of Nevada, Reno, to conduct the testing required by 43 section 34 of this act. The contract entered into pursuant to this 44 section must require the Nevada Center for Applied Research to, 45 – 17 – - *SB173* following the development of a scientific test to determine if 1 packaged synthetic hair braids contain formaldehyde, provide 2 annual reports to the State Board of Cosmetology with the results of 3 the testing. 4 Sec. 37. A redevelopment agency that is subject to the 5 requirements established by section 29 of this act shall: 6 1. Establish partnerships with the Southern Nevada Water 7 Authority, the Desert Research Institute of the Nevada System of 8 Higher Education and the Cooperative Extension Service of the 9 University of Nevada, Reno, to identify drought tolerant trees to 10 plant that will provide shade, conserve water and reduce heat island 11 effects in accordance with the requirements of section 29 of this act; 12 and 13 2. Contract with an arborist or the Cooperative Extension 14 Service of the University of Nevada, Reno, to identify and purchase 15 tree seedlings for planting. 16 Sec. 38. The provisions of NRS 218D.380 do not apply to any 17 provision of this act which adds or revises a requirement to submit a 18 report to the Legislature. 19 Sec. 39. 1. This section and section 38 of this act become 20 effective upon passage and approval. 21 2. Sections 34, 35 and 36 of this act become effective on 22 July 1, 2025. 23 3. Sections 29 to 33, inclusive, and 37 of this act become 24 effective on October 1, 2025. 25 4. Sections 1 to 28, inclusive, of this act become effective on 26 January 1, 2026. 27 H