MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
January 25, 1993
The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 1:15 p.m., January 25, 1993, in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mrs. Vivian L. Freeman, Chairman
Mr. John B. Regan, Vice Chairman
Mr. Douglas A. Bache
Mr. John C. Carpenter
Ms. Marcia de Braga
Mr. Peter G. Ernaut
Mr. James A. Gibbons
Mr. Roy Neighbors
Mr. Robert M. Sader
Mr. Michael A. Schneider
Ms. Stephanie Smith
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
Speaker Joseph E. Dini, Jr.
STAFF MEMBERS PRESENT:
Fred Welden, Chief Deputy Research Director
Denice Miller, Senior Research Analysts
OTHERS PRESENT:
See attached guest list.
The meeting was called to order by Chairman Freeman. Committee tours have been set up by the Senate Natural Resource Committee during adjournment in Las Vegas and those who would like to attend should let the secretary know. Mrs. Freeman referred to a report from the Department of Wildlife included in the committees packet. The report would be a reference for issues from the department at a later date.
Mrs. Freeman said a package of 25 bills was introduced to Natural Resources, Agriculture and Mining concerning hazardous materials and waste. Assembly Concurrent Resolution 79 from the Sixty sixth session denotes the interim study which initiated the bills.
Speaker Dini who chaired the committee and Denice Miller, research analyst for the interim committee, gave a presentation regarding state laws relating to emergencies involving hazardous materials. Mr. Dini said the committee had hearings in Las Vegas as well as Carson City. Speaker Dini remarked the report was important to the future of Nevada as a safety for the fire fighters and general public as well as for business. He would like the committee to study the comprehensive report. Mr. Dini spoke from remarks in (Exhibit C). He noted some of the committee's recommendations were in conflict with the Governor's reorganization plan. Mr. Dini commented the diversity of the Natural Resource, Agriculture and Mining Committee would do well on this assignment and he believed a comprehensive package would be adopted. He turned the meeting over to Denice Miller for her presentation.
Ms. Miller gave an overview of the major issues (Exhibit D).
Chairman Freeman asked for questions from the committee for Mr. Dini or Denice Miller.
Mr. Sader asked Mr. Dini for suggestions on processing the bills in view of the Governor's proposed reorganization. Mr. Dini would like to have the bills heard and handled normally.
Mr. Gibbons asked if the interim committee had studied the various criminal sanctions applied for a violation versus the civil liability sanctions addressed in the report. Ms. Miller said the study had not addressed the issue. One recommendation required any state agency to first issue a citation rather than a fine. Mr. Gibbons inquired about duplications between the federal statutes imposing criminal sanctions and the state criminal sanctions. Ms. Miller replied she would research the question but her propensity would be duplication.
Last session the senate bill emphasized public safety, however, OSHA administers worker safety, stated Mrs. Freeman. Mr. Dini said the bill last session was comprehensive but tried to exempt agriculture and mining. He indicated a bill should be forthcoming which would again try to exempt agriculture and mining from regulations. Mr. Dini said the interim committee
had been interested in both people safety and business safety. Mrs. Freeman questioned whether the recommendations addressed both concerns. Mr. Dini reiterated how comprehensive the study was and the recommendations would address both concerns.
Mr. Regan asked if federal funds would be available in the rural counties. Ms. Miller informed Mr. Regan he might be referring to funds available under the Hazardous Materials Transportation Uniform Safety Act. Ms. Miller would research the exact figures and disposition of funds.
Mr. Schneider asked if the Yucca Mountain project had been discussed. Speaker Dini said no.
Mrs. Freeman questioned the closure of the Beatty dump. Beatty had been closed which would create a $10 million deficit in state funds from the loss of fees, stated Mr. Dini. A perpetual care fund had been established to take care of the site.
Mr. Neighbors asked if Beatty was still available for dumping low level waste. Mr. Dodgion of Environmental Protection explained the low level waste side of the dump had been closed and the hazardous waste side remained open.
Mr. Welden suggested the committee should refer to pages 2 through 13 of the "Hazardous Materials and Emergency Response Bulletin No. 93-5" to determine the coordination between federal and state agencies and responsibilities.
Lew Dodgion, Administrator, Division of Environmental
Protection, and Verne Rosse, Chief, Bureau of Waste Management, assisted the committee by answering questions.
Mr. Gibbons asked if the closure of the low level dump site at Beatty had anything to do with interstate or bystate compacts for the disposal of nuclear waste between Nevada and other states. Mr. Dodgion said the congressional mandate called for states to enter into compacts and Nevada was to close the Beatty dump by December 31, 1992 and another compact state was to develop a site. The Department of Environmental Protection was not directly involved with the management of the low level waste dump. Mr. Dodgion understood arrangements had been made for low level waste from Nevada to go to another disposal site.
Mr. Carpenter asked if the study discussed the leveling of fees by the Environmental Protection Agency rather than the legislature. Mr. Dodgion remarked all fees established by the State Environmental Commission were in conjunction with the authorities granted by the legislature in statute. Mr. Carpenter asked where Nevada's low level waste would be going with Beatty closed. Mr. Dodgion replied it could be going to Washington or South Carolina. Mr. Carpenter asked what the cost of taking the waste to those sites rather than Beatty would be. Mr. Dodgion explained the Radiological Health Section of the Health Division might be able to answer his question. Mr. Carpenter asked if space was available for low level dumping at Beatty. Mr. Dodgion said he understood space was available. Mr. Carpenter remarked the price aspect of dumping out of state or in Beatty would be most interesting.
Chairman Freeman advised the committee four bills would be heard on Wednesday dealing with the issue discussed at this meeting.
There being no further business to come before committee, the meeting was adjourned at 2:00 p.m.
RESPECTFULLY SUBMITTED:
PAT MENATH
Committee Secretary
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Assembly Committee on Natural Resources, Agriculture and Mining
January 25, 1993
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