MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
February 24, 1993
The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 1:15 p.m., February 24, 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. Robert M. Sader
Mr. Michael A. Schneider
Ms. Stephanie Smith
COMMITTEE MEMBERS ABSENT:
Mr. Roy Neighbors, Excused
GUEST LEGISLATORS PRESENT:
Speaker Joseph E. Dini, Jr.
STAFF MEMBERS PRESENT:
Fred Welden, Chief Deputy Research Director
OTHERS PRESENT:
Bob Andrews, Nevada Emergency Response Commission; Jim Weishaupt, Walker River Irrigation District; Gordon De Paoli, Walker River Irrigation District; Daphne La Pointe, Nevada Bureau of Mines & Geology; Jim Rigby, Nevada Bureau of Mines & Geology; Carole Vilardo, Nevada Taxpayers Association; Lew Dodgion, Nevada Department Environmental Protection; Ray Blehm, Nevada State Fire Marshal; Darrell Rasner, Health Division.
The meeting was called to order by Chairman Freeman and roll was called. Mr. Neighbors was excused from the meeting.
ASSEMBLY JOINT RESOLUTION NO. 10:
Memorializes California to recognize Nevada irrigation districts as public entities.
Speaker Joseph E. Dini, Jr., Assembly District 38, spoke on A.J.R. 10. He explained the resolution was a simple request for the State of California to recognize irrigation districts as public entities such as Topaz Lake owned by the Walker River Irrigation District. Half of Topaz Lake originates in California and half in Nevada. Irrigation Districts in Nevada have been recognized as municipal local governments which have liability laws to protect their interests. California does not recognize irrigation districts as public entities. Mr. Dini explained, he would meet with Speaker Brown of the California Legislature to present a bill to recognize Nevada Irrigation Districts as public entities. He said as Chairman of the Western Legislative Conference on Water Policy Committee he would use his position to bargain with California.
Mr. Dini introduced Mr. Gordon DePaoli, general counsel and Jim Weishaupt, Manager of the Walker River Irrigation District who spoke from Exhibits C & D. Mr. Gibbons asked Mr. DePaoli about other political subdivisions California recognized and gave immunity to. Mr. DePaoli pointed out the California immunity statute defined a governmental entity as noted on page 4, Exhibit C. He noted the problem was a Nevada Irrigation District being considered a government entity when acting in California. Mr. Gibbons questioned Mr. DePaoli on issues which were answered in Exhibit C.
Ms. Freeman gave a scenario of a water ski accident on Topaz, and asked how to identify if the accident occurred on the California or Nevada side of the lake. Action might be more conducive for litigation, depending on the circumstance in one state or another, stated Mr. DePaoli.
Mr. Regan asked about irrigation districts in California and if Nevada would come under California's liability. Mr. DePaoli did not believe Nevada could incorporate as an irrigation district in California without providing water to someone in California which the district did not do.
Ms. Smith asked if the bill was an issue of liability and if a lawsuit could be filed for an accident on the water. In answer to Ms. Smith's question, Mr. DePaoli agreed with her statement and cited other areas of liability.
Mr. Jim Weishaupt noted A.C.R. 10 would assist the district in the maintenance of the facilities as noted in Exhibit D. Mr. Gibbons questioned the environmental laws, who would take precedent when a conflict took place over the dam or reservoir. The reservoir operated under permit with the State of California to divert and store the water, stated Mr. Weishaupt. The quality of the water fell under the jurisdiction of the Lahonton Pollution Control Board at Lake Tahoe, and the maintenance of the dam rested with the Forest Service because the dam sits on Forest Service land, control of environmental issues or permitting processes involved the Corp of Engineers over state agencies.
Mr. Schneider asked if A.J.R. 10 passed, would it preclude Nevada from responding to many permitting processes. Being recognized as an irrigation district of a municipal entity under California law would allow the district to maintain without the restrictions imposed now, said Mr. Weishaupt.
ASSEMBLYMAN ERNAUT MOVED TO DO PASS A.J.R. 10.
ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT.
(ASSEMBLYMEN SADER AND NEIGHBORS WERE ABSENT AT THE
TIME OF THE VOTE.)
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Chairman Freeman opened the hearing on work session bills.
Mr. Fred Welden, Chief Deputy Research Director, began a review of the bills.
ASSEMBLY BILL 119:
Provides that person may offer free consultation to public agency regarding incidents involving hazardous materials without certification.
Mr. Welden spoke from Exhibit E and reviewed testimony previously given regarding the utility companies need for clarification of certification. Attachment A of Exhibit E outlined the proposal Mr. Dodgion made to the Environmental Commission to clarify the point by regulation. This proposal negated the need for A.B. 119.
ASSEMBLYMAN REGAN MOVED TO INDEFINITELY POSTPONE A.B. 119.
ASSEMBLYMAN ERNAUT SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT.
(ASSEMBLYMEN SADER AND NEIGHBORS WERE ABSENT AT THE TIME OF THE VOTE).
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ASSEMBLY BILL 121:
Requires testing for radon.
Mr. Welden reviewed past testimony on A.B. 121 and said the bill would set up a program of certification for persons testing for radon. Any properties transferred in the State of Nevada would need a test for radon with the information provided to the buyer of the property. Attachment B of Exhibit E provided information and funding regarding the on-going studies currently being conducted by Nevada entities. He advised the committee of a letter (Exhibit F) from Daphne LaPointe and James Rigby, Geologists with the Nevada Bureau of Mines and Geology, University of Nevada-Reno. The letter provided recommended amendments to A.B. 121 and suggested property to be tested prior to a sale would be amended out of the bill. The section requiring certification of those doing the testing would remain in the bill.
Chairman Freeman allowed testimony briefly on A.B. 121.
Ms. Daphne LaPointe and Jim Rigby with the Nevada School of Mines and Geology, University of Nevada, gave a brief summary of testimony given at a prior date. Ms. LaPointe stated about one-fifth of the homes in Nevada were affected by high radon.
Mr. Ernaut asked if this bill did not pass would it affect their grant money, and Mr. Rigby responded no.
Mr. Schneider asked if the only part of the bill to remain would be the certification of testers. Ms. LaPointe stated besides certification there would be public awareness for radon testing in homes and public buildings but no other regulatory action.
Mr. Carpenter understood it would be the health department which would be responsible for the testing of radon. He asked if there were people in the field who have been testing for radon. Ms. LaPointe said there were and the Department of Health in Nevada has kept a list of EPA certified testers provided by the Environmental Protection Commission.
Mr. Darrell Rasner, Chief, Bureau of Health Protection Services, Nevada Division of Health, spoke from text (Exhibit G).
Mr. Gibbons noted in Exhibit F, amendment 3,b, there appeared to be a state mandate and questioned if money was in Mr. Rasner's budget for this biennium. In answer to Mr. Gibbons question, Mr. Rasner replied the money available came from EPA for radon grant activities to educate the public.
Ms. Smith felt better about the proposed amendment and agreed with requiring testers to be certified. She felt A.B. 121 in the original form would cause great problems for regulating mandates.
Mr. Rasner was asked by Chairman Freeman if his fiscal note was based on the original A.B. 121 or the proposed amendments. He said the fiscal note was based on the original bill.
Mr. Carpenter asked if Mr. Rasner's department could accomplish those requirements as set out in the proposed amendments with the present budget. Mr. Rasner stated the present budget allowed a minimal radon program which seemed to be working as long as USEPA funding was available. Mr. Rasner acknowledged the standards and criteria on radon were set by the federal government and followed by the health department.
Mr. Gibbons asked Mr. Rigby what problems existed with radon testers and certification. The state of Nevada had not been involved with problems due to the small number of testers in the area, stated Mr. Rigby. The eastern portion of the United States had experienced considerable problems. Ms. LaPointe pointed out training for testing and mitigating radon was important, anyone could buy canisters, set them out, and profess to be trained. Mr.Gibbons asked if the average occupant of a home could place the canisters correctly without hiring a radon tester. Mr. Rigby responded to Mr. Gibbons question and said a qualified tester could place the canisters more advantageously to get a representative reading of radon within a home. Mr. Gibbons questioned if education would not prepare the homeowner for placing the canisters in the proper place. He reasoned the canister would be tested by an independent laboratory and would be unaffected by A.B. 121. Mr. Rigby explained the fee for licensing a radon tester would be used to deter those who would bilk the public without any knowledge of radon.
Ms. Freeman advised the committee she would bring A.B. 121 before them again and any amendments or suggestions for the bill should be given to Fred Welden.
The hearing was opened on A.B. 129.
ASSEMBLY BILL 129:
Requires allowance of reasonable time to correct first violation of state regulation regarding hazardous material before imposition of administrative fine or civil penalty.
Mr. Welden advised the committee Ms. Vilardo and Mr. Dodgion were to have developed language without removing state agencies' authority to issue fines for violations.
Ms. Vilardo and Mr. Dodgion alluded to Exhibit H with proposed amendments to A.B. 129. Mr. Dodgion explained the new language would be substituted for language on page 1, line 9 of A.B. 129 and throughout the bill.
Ms. Freeman asked Mr. Dodgion if the language proposed would create problems with his enforcement efforts, and he replied the language would satisfy Ms. Vilardo and would not be adverse to his enforcement efforts. Mr. Dodgion pointed out the regulation only affected reporting violations as opposed to a flagrant violation like dumping of a hazardous material into a drinking supply.
Mr. Welden stated the amendment might not be inserted in all places the language appeared. The amendment only would be inserted where reporting requirements were referenced.
Discussion took place among members of the committee, Mr. Dodgion and Ms. Vilardo regarding notification and assessment of fines to businesses.
Chairman Freeman said she could not understand how A.B. 129 would change anything. The same endeavors of notification and assessment of fines for reporting requirements have been adhered to by the Nevada Environmental Protection Agency.
ASSEMBLYMAN SADER MOVED TO INDEFINITELY POSTPONE A.B. 129.
ASSEMBLYMAN REGAN SECONDED THE MOTION.
Mr. Sader spoke to the motion and said in most circumstances where there was not a real injury, such as a terrible spill, and where one was seeking compliance, there should be some discretion exercised by the regulator to give notices, not cite. Mr. Sader understood the policy in many circumstances with regulators in the state was to seek compliance and get compliance. The problem was the bill was attempting to put the issue of discretion into law, "discretion cannot be legislated." While the amendment was well intended, it would not work, the department would take the position they had given adequate notice.
Mr. Regan pointed out public policy cannot be legislated.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT. (ASSEMBLYMAN NEIGHBORS WAS ABSENT AT THE TIME OF THE VOTE.)
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ASSEMBLY CONCURRENT RESOLUTION NO. 4:
Directs state fire marshal to conduct study of feasibility of establishing regional response teams to respond to incidents involving hazardous materials.
ASSEMBLY CONCURRENT RESOLUTION NO. 5:
Directs State Emergency Response Commission to conduct study concerning local emergency planning committees and agreements of mutual aid between local entities responding to incidents involving hazardous materials.
Mr. Welden reviewed the resolutions with the committee, Exhibit E as discussed in a previous meeting. The chairman asked for two things to be done, one would combine the two resolutions into one resolution and one study, Attachment C, pages 5 and 6 of Exhibit E. Ray Blehm, State Fire Marshal, was asked to work with other entities to put together a program for the establishment of the regional response teams (Exhibit I). Mr. Welden said the committee might have three options. One would be to go with the establishment of the regional response teams, indefinitely postpone the two resolutions replacing them with a bill to accomplish the establishment of the regional response teams, and send the bill to the Tax Committee and Ways and Means. The second alternative would be to combine A.C.R. 4 and A.C.R. 5, and the third alternative would be to leave the two studies separate and either pass them or kill them.
Ms. Freeman felt since Mr. Blehm and Mr. Andrews could come up with a new document, it might be more reasonable to have a new bill draft, address it separately and kill A.C.R. 4 and A.C.R. 5. Mr. Gibbons made the suggestion, since A.B. 119 dealt with haz mat and was indefinitely postponed, it would be better to amend A.B. 119 and supplement the bill with the establishment of the Regional Response Teams.
Mr. Sader asked if by making a new bill from the materials submitted by Mr. Blehm a study would be necessary because the material was already available. Mr. Blehm and Mr. Andrews spoke to Mr. Sader's question and answered "yes".
ASSEMBLYMAN GIBBONS MOVED TO RECONSIDER THE MOTION TO INDEFINITELY POSTPONE A.B. 119 AND AMEND TO DELETE SECTIONS ONE THROUGH TWO AND INCLUDE THOSE RECOMMENDATIONS AND INFORMATION IN THE PROPOSAL FOR NEVADA HAZARDOUS MATERIALS REGIONAL RESPONSE TEAMS DATED FEBRUARY 22, 1993.
ASSEMBLYMAN SMITH SECONDED THE MOTION.
THE MOTION PASSED.
ASSEMBLYMAN GIBBONS AND SMITH WITHDREW THEIR MOTION.
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ASSEMBLYMAN GIBBONS MOVED TO RECONSIDER THE MOTION TO INDEFINITELY POSTPONE A.B. 119.
ASSEMBLYMAN SMITH SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT. (MR. NEIGHBORS WAS ABSENT AT THE TIME OF THE VOTE.)
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ASSEMBLYMAN GIBBONS MOVED TO AMEND A.B. 119 AND REREFER TO NATURAL RESOURCE COMMITTEE AND TAXATION OR WAYS AND MEANS, WHICHEVER WAS APPROPRIATE BY INCLUDING THE LANGUAGE WHICH WAS IN THE PROPOSAL FOR NEVADA HAZARDOUS MATERIALS REGIONAL RESPONSE TEAMS DATED FEBRUARY 22, 1993 SUBMITTED BY THE STATE FIRE MARSHALS DIVISION.
ASSEMBLYMAN SMITH SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT. (MR. NEIGHBORS WAS ABSENT AT THE TIME OF THE VOTE.)
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ASSEMBLYMAN REAGAN MOVED TO INDEFINITELY POSTPONE A.C.R. 4.
ASSEMBLYMAN SADER SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT. (MR. NEIGHBORS WAS ABSENT AT THE TIME OF THE VOTE.)
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ASSEMBLYMAN REAGAN MOVED TO INDEFINITELY POSTPONE A.C.R. 5.
ASSEMBLYMAN DE BRAGA SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT. (MR. NEIGHBORS WAS ABSENT AT THE TIME OF THE VOTE.)
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Chairman Freeman spoke to the committee regarding a solid waste bill A.B. 320 of the Sixty-sixth Session which had some problems with the funding mechanism. Senator Adler had proposed a bill S.B. 97 which needed to be signed by the Governor by March 15, and this committee would hear the bill soon as possible.
Mr. Sader asked the committee for a bill draft introduction.
ASSEMBLYMAN SADER MOVED FOR COMMITTEE INTRODUCTION OF A BILL DRAFT TO CONDEMN FRACTIONALIZED WATER RIGHTS WHICH EXIST IN WASHOE COUNTY.
ASSEMBLYMAN REGAN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT. (MR.
NEIGHBORS WAS ABSENT AT THE TIME OF THE VOTE.)
There being no further business to come before committee, the meeting was adjourned at 2:45 p.m.
RESPECTFULLY SUBMITTED:
PAT MENATH
Committee Secretary
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Assembly Committee on Natural Resources, Agriculture and Mining
February 24, 1993
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