MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
March 8, 1993
The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 1:15 p.m., March 8, 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
Ms. Stephanie Smith
COMMITTEE MEMBERS ABSENT:
Mr. Michael A. Schneider (Excused)
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Fred Welden, Chief Deputy Research Director
Denice Miller, Senior Research Analyst
OTHERS PRESENT:
Joe Quinn, Department Emergency Management; Karen Kavanau, Department Data Processing; Larry Farr, City of Reno Fire Department; Jim Endres, AT&T; Bob Andrews, State Emergency Response Commission; Steve Tackes, MCI; Bill Langley, Department Emergency Management; Marvin Carr, Lyon County Local Emergency Planning Committee; Ray Bacon, Nevada Manufacturers Association.
The meeting was called to order by Chairman Freeman.
Chairman Freeman announced A.B. 115 would not be heard as the subcommittee had not completed their recommendations.
Ms. Denice Miller, Senior Research Analyst and Principal Staff to the A.C.R. 79 of the Sixty-sixth Session Interim Committee on Hazardous Materials reviewed five bills (Exhibit C).
ASSEMBLY BILL 118:
Creates state board for management of information.
Mr. Bob Andrews, State Emergency Response Commission and Karen Kavanau, Department of Data Processing came forward to testify on A.B. 118. Ms. Kavanau informed the committee she would not prefer action on A.B. 118 at this time. The bill would be addressed in the Governor's reorganization plan. Mr. Andrews said the State Emergency Response Commission concurred with the position.
Mr. Bache asked if A.B. 118 should be addressed to the Select Committee on Reorganization. Ms. Kavanau stated the proposed reorganization would do the same thing as A.B. 118.
Mr. Ernaut did not agree with indefinitely postponing A.B. 118. He felt bills should be processed as stated and if reorganization takes place there would be cleanup language to address those bills.
ASSEMBLYMAN BACHE MOVED TO INDEFINITELY POSTPONE A.B. 118.
ASSEMBLYMAN SADER SECONDED THE MOTION.
THE MOTION CARRIED. ASSEMBLYMAN ERNAUT AND ASSEMBLYMAN REGAN VOTED NO. (ASSEMBLYMAN SCHNEIDER WAS ABSENT AT THE TIME OF THE VOTE.)
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ASSEMBLY BILL 109:
Creates state center for emergency operations to receive reports of emergencies involving hazardous materials and maintain information relating to those emergencies.
Mr. Joe Quinn, Chief of Operations for The Division of Emergency Management, testified and referred to Exhibit D. The State Emergency Operations Center would be the state coordination point for all emergencies in Nevada. Emergency services statewide have been coordinated including hazardous materials spills and would not be in competition with the State Repository or haz mat information required under law. The Division of Emergency Management would be emergency directed toward floods, natural disasters, technological disasters, and would coordinate state response as well as recovery efforts. Mr. Quinn supported A.B. 109 but would like the bill language to include all emergencies as hazardous materials would be just one area of their efforts. Mr. Quinn asked the committee to review Exhibit D, and explained the original language supplied to the interim committee was not specific to hazardous materials and was generic to emergencies in general.
Mr. Regan asked Mr. Quinn if amending A.B. 109 and inserting the Division of Emergency Management would be appropriate, and noted Mr. Quinn's division was already responding to the duties described in A.B. 109. Mr. Quinn replied it might be more appropriate.
Mr. Sader asked if Mr. Quinn already performed duties as listed in A.B. 109. Mr. Quinn said yes, the Division of Emergency Management had been in operation for a number of years. He was asked by Mr. Sader if he supported A.B. 109. Mr. Quinn replied yes, with the expanded language to cover all emergencies, the current Nevada Revised Statutes were vague regarding the function of the Division of Emergency Management. The Attorney General's office advised the division to be defined in NRS as it would be of benefit to the state from a liability status.
Ms. Smith asked if Mr. Quinn would like the bill to reflect all emergencies and delete hazardous materials. Mr. Quinn said the verbiage was not a problem regarding hazardous materials but felt the language should be expanded to include all emergencies. Ms. Smith said if the bill stated all emergencies it would include hazardous materials. Mr. Quinn felt both issues should be in A.B. 109 as specific documents needed to be generated for hazardous material spills.
Mr. Carpenter asked if all search and rescue, civil disorders, etc. would be reported to Division of Emergency Management. Mr. Quinn said those incidents which would require state assistance or coordination of federal, state or private resources would be reported. He told the committee he was the search and rescue coordinator for the state. Mr. Carpenter felt every incident to be reported to the Division of Emergency Management would require volumes. Mr. Quinn stated his division had an automated system. Mr. Carpenter asked if every road closure from snow storms was reported to Mr. Quinn. He clarified by inserting every state highway closure would be reported. Mr. Carpenter asked for the report from Mr. Quinn for January and February of 1993.
Mr. Sader questioned page 2, section 4 regarding calling 911. He asked if all counties had a 911 system. Mr. Quinn reported no, but the local sheriff's office would be the contact. Mr. Sader felt language should be changed to reflect the two areas of contact.
The hearing on A.B. 109 was closed.
ASSEMBLY BILL 124:
Clarifies definition of emergency management.
Mr. Bill Langley, Chief of Plans and Programs of the Division of Emergency Management, testified in favor of A.B. 124 to update the nationally accepted definition of Comprehensive Emergency Management, (Exhibit E).
Chairman Freeman asked for anyone opposed to A.B. 124 to testify.
Mr. Larry Farr, Fire Marshal, City of Reno Fire Department, testified in opposition to A.B. 124. He had a concern over the language because of it being defined in a section of NRS 414 and being very broad in scope. On line 11, section l, subsection 2, as an example, how would this section be interpreted, would standards be set which would have to be adhered to, what would be the extent of the definition. He would like to see if the need for this language would fulfill a federal regulation or standardization among Emergency Management Commissions throughout the United States. To what extent would Emergency Management carry out the responsibilities of the definitions which could impact local government. Mr. Farr said he would like to know the effect of the language and definitions.
Chairman Freeman asked if Mr. Farr had talked to Mr. Langley about A.B. 124. He said briefly before the meeting and Mr. Langley also had some concern regarding the language. Mr. Farr felt language could be worked out.
Mr. Marvin Carr, Lyon County Local Emergency Planning Committee, concurred with Mr. Farr regarding line 11. He had concern for line 17, section 1 subsection 4, and stated with the particular language it would have a fiscal impact on local government. Other than the above concerns Mr. Carr did not have a problem with A.B. 124.
Mrs. Freeman asked the three who spoke to the bill to get together with amendments and report back to the committee.
The hearing was closed on A.B. 124 and opened on A.B. 125.
ASSEMBLY BILL 125:
Makes various changes relating to repository for information concerning hazardous materials in Nevada.
Mr. Bob Andrews, State Emergency Response Commission, spoke in support of A.B. 125. The intent of the bill would be to avoid duplication and have one repository for hazardous materials information. The information should be available to anyone who needed it. The repository at Department of Motor Vehicles was being programmed by a technical committee made up of computer people from various agencies to assure linkage between the repository and agencies such as the Fire Marshal's Office, State Emergency Management, Environmental Protection, etc.
Mrs. Freeman asked how A.B. 125 related to A.B. 109. Mr. Andrews emphasized the two bills were separate issues. State Emergency Management has existed for many years as a clearing house for information and requests for help and assistance which apply to all emergencies. Mr. Andrews stated the repository was an information repository only and was mandated under SARA Title III, under the community right-to-know provision of the act, section 124. The information collected would be relative to hazardous materials which were being used, stored and manufactured in Nevada. Since Department of Motor Vehicles, Public Safety had the main frame and was doing much of the same work with transportation permits it was obvious to expand on something which was already in place.
Mr. Gibbons asked what was required under Public Law 99-499. Mr. Andrews said the law required all chemicals, approximately 400, which could be hazardous to health, to be identified by the U.S. Environmental Protection Agency and regulated under SARA Title III. The Commission has the responsibility of collecting information regarding the facilities which store, use and manufacture hazardous material and having it available on a repository to anyone who might want the information. Mr. Gibbons asked if the State Emergency Response Commission would be the only office responsible for storing this information. Mr. Andrews replied SERC was not an office but a collection of people from various agencies who helped to implement the SARA III provisions. The DMV main frame would be the repository and would be linked with other computer systems in the state and accessible to everyone. He said most of the information would be generated at the local level. Mr. Gibbons asked if the reporting requirements for local businesses would change and would they have an additional requirement. Mr. Andrews said no, the burden would fall on SERC to access the information on a common repository for all to obtain. Mr. Gibbons noted there was no fiscal impact.
Mr. Carpenter asked if the Local Planning Committee needed to report as well as the local fire department and would this be duplication. Mr. Andrews noted the verbiage was in the original bill and it was difficult for him to respond. He felt local reporting would be made as easy as possible for the private sector.
Mr. Fred Welden answered Mr. Carpenter's question and said lines 13 and 14 of page 1 of A.B. 125 would not require the Local Emergency Planning Committee to generate any new information, only what they collected.
The hearing was closed on A.B. 125 and opened on A.B. 127.
ASSEMBLY BILL 127:
Requires state emergency response commission under certain circumstances to develop informational programs regarding hazardous materials.
Mr. Bob Andrews, State Emergency Response Commission, supported A.B. 127. The bill expanded the public information obligation to SERC. A fiscal note was prepared by Mr. Andrews to report to the committee. The work of public information was ongoing for the commission but the bill expanded the amount of public information the commission would be required to carry out. The fiscal note totaled $19,800 and would come from the commissions budget, the contingency fund on hazardous materials.
Mr. Gibbons asked if it would be his intent to identify in common ordinary terms the chemical compounds not commonly identifiable to the average business owner. Mr. Andrews answered yes, and stated the whole bill and process needed to be simplified for everyone involved.
Mr. Sader asked about the fiscal note. Mr. Andrews said with a caveat he did not know if his comment was necessary. He stated additional funds were not necessary and would be carried out against the SERC budget drawn from the contingency fund on hazardous materials. Mr. Sader asked if it would be included in Mr. Andrews budget for the next biennium and he agreed.
Mrs. Freeman closed the hearing on A.B. 127. She appointed a subcommittee of Mrs. Freeman, Ms. de Braga and Mr. Carpenter to look at recommendations for A.B. 109, A.B. 124, A.B. 125 and A.B. 127 and bring them before the committee at a later date.
ASSEMBLY BILL 122:
Expands costs for which money may be expended and recovered regarding response to accident involving hazardous material.
Mr. Gibbons stated the subcommittee had met to resolve some of the concerns which were expressed on several provisions of the bill. A.B. 122 dealt with the ability to recover expenses encumbered by local agencies in responding to a hazardous materials spill. Part of the question were the definitions of hazardous material, regulated substances, and hazardous waste as noted in section 2, page l of A.B. 122. Mr. Gibbons stated he could not find a definition of hazardous waste. The question was if natural gas, propane or other substances covered by utility companies and regulated by a Public Service Commission could be assessed a fine. The subcommittee felt by revising language the concerns of both the utility companies and the fire departments would be taken care of. Mr. Gibbons read from a letter written by Larry Farr, Fire Marshal, Reno Fire Department (Exhibit F). Mr. Farr's language was agreed upon by the utility companies. The language which referred to hazardous waste must be defined or deleted. The other problem related to A.B. 122 was the word "promptly," the committee recommended language, Exhibit F. Mr. Gibbons indicated the other issue the committee needed to identify was "what is a responsible person or party" and felt the language should be changed to reflect "the responsible person for the leak."
Mr. Sader said page 2, lines 1-5 of A.B. 122, referred to language on reimbursement due. He referred to page 4, section 8, lines 34-42 of A.B. 122, which stated payment must be made within 60 days and would receive an itemized statement of expenses from the agency, the first language stated 20 days. Mr. Sader asked Mr. Gibbons if the committee had looked at the notice periods. Mr. Gibbons replied no, and said the committee had not talked about the 20 day notification, the payment period and the 60 day notice. Mr. Sader also felt the 5 percent per day penalty could raise a question of who the responsible party would be and if the expenses were appropriate or inflated. He said the existing language in statute would seem to create a terrible burden on someone who would contest the reimbursement and not pay.
Mrs. Freeman asked Mr. Gibbons to consider the questions raised. Mr. Gibbons said he would look at the 20 day versus 60 day provision and at the 5 percent penalty per day.
Mr. Sader asked what agency was concerned with A.B. 122. He wanted to know if the penalty provision was mandated by federal law. Mr. Verne Rosse, Division of Environmental Protection, informed the committee A.B. 122 was not a bill DEP introduced or proposed and he assumed the bill originated out of the A.C.R. 79 interim study of the Sixty-sixth session. Mr. Rosse said he interpreted the first part of the bill to apply to the hazardous waste underground storage tank program and the balance of the bill dealt with the State Emergency Response Commission and those responsibilities. He was concerned if the terms hazardous waste and regulated substances were omitted in the first part of the bill, he would not be able to collect any penalties or corrective action funds in the two programs which were federally mandated to ensure compliance. Mr. Sader asked if there were federal requirements to have penalty provisions and what section was he referring to. Mr. Rosse said in section 2, page 1 of A.B. 122.
Mr. Gibbons asked Mr. Rosse if hazardous waste was defined in other places other than NRS 459.700. Mr. Rosse said yes, the law started at NRS 459.400.
Mr. Sader said it was his understanding hazardous material encompassed the term hazardous waste, toxic substances, toxic material and other similar phrases and asked if the definition of hazardous material incorporated all of the material he referred to. Mr. Rosse said yes and was asked by Mr. Sader if the term hazardous waste was not repetitious. Mr. Rosse reiterated his need to look at the language in reference to federal mandates. Mr. Sader said if there was no definition of hazardous waste but there was an inclusive definition of hazardous material which included hazardous waste, by adding the term hazardous waste, it would seem to imply something more which was not being defined. Mr. Rosse said there was a definition of hazardous waste in NRS 459.
Mr. Gibbons said there was a provision in the law which included a definition of hazardous waste but it was in a different section of the law under hazardous material as well as regulated substances. Mr. Rosse was asked how a regulated substance such as a natural gas pipe line leak could be charged to Sierra Pacific Power Company, knowing they would have to go back to the Public Service Commission to recover the cost which would be at the will of the PSC. Mr. Rosse said the provisions which dealt with underground storage tanks and the term regulated substances as defined would not include natural gas or propane. Mr. Gibbons asked for more time with the subcommittee to resolve the issues discussed.
Mr. Carpenter felt the taxes residents of Nevada pay should be taking care of some of the charges related to hazardous material spill. If a hazardous material spill occurred the person responsible should clean it up. Costs relative to flagging traffic, etc. should be borne by taxes which support those entities.
Mrs. Freeman asked Mr. Carpenter to speak with Mr. Gibbons and Mr. Rosse regarding his concerns on A.B. 122.
There being no further business to come before committee, the meeting was adjourned at 2:30 p.m.
RESPECTFULLY SUBMITTED:
PAT MENATH
Committee Secretary
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Assembly Committee on Natural Resources, Agriculture and Mining
March 8, 1993
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