MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
February 3, 1993
The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at l:15 p.m., February 3, 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:
Mr. Robert M. Sader (Excused)
GUEST LEGISLATORS PRESENT:
Assemblyman John Marvel
STAFF MEMBERS PRESENT:
Fred Welden, Chief Deputy Research Director
OTHERS PRESENT:
Daphne D. LaPointe, Nevada Bureau of Mines & Geology; Elsie Dupree, Nevada Wildlife Federation; Bob Goodman, Lahontan Audubon Society; Douglas Miller, Nevada Mining Association; Doug Driesner, Department of Minerals; Donald S. Kwalich, M.D., State Health Officer; Bob McQuivey, Department of Wildlife; Dave W. Parkhurst; Larry Hawke, Nevada Mining Association; Russ Fields, Nevada Department of Minerals; David Rowles, Clark County Health District; Ann Kersten, Sierra Club, Michael L. Geary, Pegasus Gold
Chairman Freeman called the meeting to order. Roll call was taken.
ASSEMBLY BILL 2:
Revises certain requirements concerning marking of boundaries of lode mining claims.
Mr. John Marvel, Assembly District 34, introduced Russ Fields who structured the bill. The bill addressed two prime areas, economic feasibility and environmental concerns with plastic pipe.
Russ Fields, Executive Director of the Department of Minerals spoke of the effort in structuring the bill. He said the Bureau of Land Management in California had related wildlife deaths to plastic perforated PVC claim posts, which were used to mark the boundaries on mining claims on public lands. The Bureau of Land Management in Nevada had studied the possibility of Nevada having the same problem. As a result of the study BLM found lizards, birds and small creatures which would crawl into the claim posts and die. Mining industry representatives, the environmental community, and the Nevada Department of Wildlife met to discuss the problem. Mr. Fields committed the Department of Minerals to draft legislation which would address the problem. The Commission on Mineral Resources approved the proposal and it became a Bill Draft Request which Assemblymen Marvel introduced. Mr. Fields asked for a letter from the United States Department of Interior to be on record, (Exhibit C). He explained how critical it was for BLM to be behind the change. The Department of Minerals and the BLM would have to communicate with the industry regarding the change in the mining law monumentation requirement. Mr. Fields explained how a mining claim would be marked (Exhibit D) and where the monuments would be placed. Mr. Doug Driesner, Nevada Department of Minerals, displayed a plastic, perforated monument post to the committee. Mr. Fields read from prepared testimony regarding A.B. 2 (Exhibit E).
Mr. Gibbons explained the failure to change the markers by the effective date of the Act would open up the claim if no one had capped or changed the monuments. Russ Fields responded to Mr. Gibbons question on placer claims and what markings were required. Mr. Fields said four corners and a notice of location needed to be posted. Mr. Fields agreed with Mr. Gibbons observation concerning placer claims being included with lode claims.
Mrs. Freeman asked if this would be included in the bill or if it could be changed with existing statute. Mr. Doug Driesner said the legislation already exists for the two types of claims to be marked in the same manner.
Mr. Bob McQuivey, Department of Wildlife, commended the Department of Minerals and the industry for heading off what could be a national issue. He supported the bill and encouraged the committee to adopt it.
Larry Hawke, Legislative Affairs, Nevada Mining Association, supported A.B. 2 and said the industry was pleased to work with the group to put together the legislation.
Mr. Michael L. Geary, Pegasus Gold, Environmental Coordinator, noted it was a good piece of legislation, and he spoke in support of the bill.
Elsie Dupree, Ormsby Sportsmens Association and The Nevada Wildlife Federation, read from Exhibit F) and Exhibit G, in support of A.B. 2.
Mr. Bob Goodman, Lahonton Audubon Society, read from prepared testimony (Exhibit H) in support of A.B. 2.
Douglas Miller, a registered Civil Engineer with the federal government, recommended passage of the bill and explained the difference between a placer claim and a lode claim.
Mr. Dave W. Parkhurst, Mining Consultant, spoke in favor of A.B. 2 and explained placer and lode claims were under the same Nevada statute, and there would be no need to distinguish between the two.
The Nevada Department of Environmental Protection did not oppose A.B. 2, stated Mr. Dick Reavis.
A University of Nevada graduate student, Ann Kersten, representing the Sierra Club supported A.B. 2., (Exhibit I).
The hearing was closed by Chairman Freeman on A.B. 2.
ASSEMBLY BILL 121:
Requires testing for radon.
Donald S. Kwalick, M.D., State Health Officer, State of Nevada, supported A.B. 121 with exceptions and spoke from testimony (Exhibit J). A video on radon was shown for the committee's information.
Ms. Smith asked Dr. Kwalick how statistics were obtained to show radon was the second highest cause of lung cancer. Dr. Kwalick stated relative risk was considered. She also asked about the cost of profit taking associated with removing or testing for radon. Dr. Kwalick stated his objection to requiring testing on rentals each time a vacancy occurred and agreed with Ms. Smith's perception of profit taking. Ms. Smith was not convinced the figures were accurate in alluding to cancer from radon.
Professor of Environmental Sciences, Glen Miller, University of Nevada Reno, supported A.B. 121. He said the risk assessment on radon had been done over a period of 20 years. He explained how the testing was done to compile the figures on cancer caused by radon. Mr. Miller stated approximately 13,000 deaths had been attributed to cancer from radon. He emphasized A.B. 121 would cost the least of any health risk bill to come before the session. The canisters to test radon in the home would cost approximately $18. He agreed to test every time a renter moved would not be appropriate. Chairman Freeman asked if statistics had been done in Nevada.
Ms. Daphne LaPointe, Nevada Bureau of Mines and Geology, has been conducting research on radon in the State of Nevada under an EPA sponsored grant. She stated the results of the three years of studies on soil, rocks and indoor levels throughout the state on residences and state office buildings were listed in the brochure (Exhibit K). She stated the need would be for people to be aware of the amount of radon in their homes. Ms. La Pointe had the same reservations as Dr. Kwalick regarding renters. Mrs. Freeman asked about the certification to test. Ms. La Pointe said the EPA runs a testing program out of Fort Collins, Colorado for Nevada participants and referred to a brochure (Exhibit L).
Ms. LaPointe furnished the information on her home with levels of .2 and 4. pCi/L in the living area and 8. pCI/L in the crawl space which showed how much difference there could be in a home and in the areas exposed to the soil.
Mr. Carpenter felt a liability existed in requiring homes to be tested prior to selling. He perceived a voluntary, educational program would be the realistic way to inform the public. Mr. Miller said litigation could go both ways. A house with high radon risk which did not disclose the findings before being sold could be litigated on the same premise. He said disclosure would probably be a stronger argument against litigation and felt A.B. 121 would be the most effective way of reducing lung cancer risk in this session of the legislature.
Chairman Freeman asked how the rural communities could test their homes by kits or a certified tester. The Nevada Bureau of Mines and Geology would have a list of both mail order and local hardware stores where radon kits were available advised Ms. La Pointe.
Mr. Regan asked if soil could be tested before being built on. Ms. LaPointe pointed out how a home could be protected and sealed off from radon (Exhibit M). Mr. Regan also pointed out the potential for consumer fraud.
A great deal of discussion took place regarding the number of homes tested and the variables involved in the testing as outlined in Exhibits K,L & M.
Chairman Freeman suggested during the two week recess both the proponents and opponents of A.B. 121 should reach a solution and another hearing before the committee would be scheduled.
Mr. Ernaut suggested a solution needed to be made on the rental and transfer of ownership portion of A.B. 121 for consideration at the next hearing.
Chairman Freeman asked for testimony from those opposed to A.B. 121.
Ms. Irene Porter, Executive Director of Nevada Home Builders Association, stated the association had dealt with the issue of radon for some time and was not opposed to A.B. 121. Ms. Porter talked about the financial concerns associated with testing for radon in public buildings. She asked how the state would bear the cost of mitigating radon from large public buildings with the present budget constraints. She felt the alternative would be for the agencies involved to secure EPA grants to educate people in high radon areas.
Ms. Freeman closed the hearing on A.B. 121.
ASSEMBLY BILL 2:
Revises certain requirements concerning marking of boundaries of lode mining claims.
ASSEMBLYMAN REGAN MOVED TO DO PASS A.B. 2.
ASSEMBLYMAN BACHE SECONDED THE MOTION.
THE MOTION PASSED BY ALL THOSE PRESENT.
(ASSEMBLYMAN SADER WAS ABSENT AT THE TIME
OF THE VOTE.)
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ASSEMBLY BILL 132:
Increases amount that local air pollution control board may retain from administrative penalties.
David Rowles, Director of Administrative Services, Clark County Health District, stated A.B. 132 was requested by the Clark County District Board of Health, which unanimously voted the amendments to A.B. 132. He spoke from prepared testimony (Exhibit N).
Mrs. Freeman asked if this bill had been before the committee during the 1991 session. Mr. Rowles stated the committee had raised the amount to $10,000 in the previous session but gave permission for the board to come back this session with documentation to raise the amount to $25,000.
The bill included counties with population of 400,000 or more and would not include Washoe County. Mr. Rowles was concerned with violators of air pollution regulations who sensed the department did not have the ability to collect fines and who would continue to disregard regulations.
Ms. Smith asked for clarification of the funds. Mr. Rowles reiterated his stance on the lack of fiscal ability to hire lawyers to collect fines. Ms. Smith asked if the department was funded solely with the fines or supported by local government. He stated the Clark County District Health Department's Air Pollution Control Division runs a $l.2 million operation which includes fees, federal grants, and distribution of sales tax revenues. Mr. Rowles emphasized the fines belong to the Clark County School District, and as tax collectors for the school district, the Clark County District Health Department needs an offset to collect these fines. Funds from different programs in the department have been infringed upon to collect fees for the school district. Ms. Smith asked as a taxpayer if the Clark County District Health Department would be funded regardless of the money expended for collecting fines. Mr. Rowles noted in the budget process funds had been cut. He noted if the increase was not granted, the collection of fines would be made more difficult and those violating the law would not yield to the fear of legal action in collecting fines.
Chairman Freeman assigned A.B. 132 to a subcommittee of Ms. Smith, Chairman, Mr. Schneider and Mr. Bache.
Mr. David Rice of the Washoe County Health District was asked by Chairman Freeman if Washoe County might be addressing this issue at a later date. He said not in the near future, however, if the population figure was reduced to include Washoe County, he would not be opposed.
The hearing was closed on A.B. 132.
There being no further business to come before committee, the meeting was adjourned at 3:10 p.m.
RESPECTFULLY SUBMITTED:
PAT MENATH
Committee Secretary
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Assembly Committee on Natural Resources, Agriculture and Mining
February 3, 1993
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