MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
March 17, 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 17, 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:
None
STAFF MEMBERS PRESENT:
Fred Welden, Chief Deputy Research Director
OTHERS PRESENT:
Joseph C. Trinastic, P.E., Citizen Lobbyist; Daphne
LaPointe, Nevada Bureau Mines & Geology; Jim Rigby, Nevada Bureau Mines & Geology; Dave Anderson; Stan Marshall, Nevada Health Division; M. Douglas Miller, Nevada Miners & Prospectors Assoc.; John Drake, Anderson Glass; Greg Betts, Rural School Districts; Larry Farr, City of Reno Fire Department.
The meeting was called to order by Chairman Freeman.
ASSEMBLY BILL 121:
Requires testing for radon.
Chairman Freeman announced the sponsors of A.B. 121 asked the committee not to have any further consideration of the bill at this time.
ASSEMBLY BILL 120:
Limits authority of division of enforcement for industrial safety and health of department of industrial relations to adopt certain regulations relating to hazardous materials.
Mr. Larry Farr, Fire Marshal, City of Reno Fire Department, spoke in favor of A.B. 120. OSHA would check department training and standard records when visiting fire services stated Mr. Farr. The departments needed to maintain a certain level of certification for people who responded to hazardous material incidents as well as other emergencies. Mr. Farr said he felt the bill was reasonable because of the following phrase, ".......which are set forth in the Code of Federal Regulations." The Code of Federal Regulations utilized the National Fire Protection Association as its standard for training, responding and operating on fires as well as hazardous material incidents. He stated there might be other national consensus standards which might be written into the bill or into the standards of DEISH, and the departments might not be training or operating to those standards. Mr. Farr stated if the fire departments were going to be accountable to a standard for training and operating, they needed to know what the standard would be and how it would be applied.
Mr. Bache asked if he could move to rerefer A.B. 120 to Labor and Management as Mr. Anderson has an Occupational, Safety and Health Subcommittee dealing with DEISH legislation.
ASSEMBLYMAN BACHE MOVED TO REREFER A.B. 120 TO LABOR AND MANAGEMENT.
ASSEMBLYMAN ERNAUT SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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Mrs. Freeman turned the meeting over to Fred Welden who reported on subcommittee recommendations and bills heard but not acted on (Exhibit C).
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. Sader asked if there was a fiscal note associated with A.B. 109. Mr. Welden stated the division was already responsible for the function and he was told there would not be a fiscal note.
Mr. Carpenter asked who would report the incidents. Mr. Welden said all responders in charge of an emergency would notify Emergency Management.
ASSEMBLYMAN SADER MOVED TO AMEND AND DO PASS A.B. 109.
ASSEMBLYMAN REGAN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 124:
Clarifies definition of emergency management.
Ms. Freeman asked the committee if they would like to wait for the amendments before voting or Amend and Do Pass and look at the amendments before taking it to the floor.
Mr. Regan felt Mr. Welden could take care of the amendments.
ASSEMBLYMAN REGAN MOVED TO AMEND AND DO PASS A.B. 124.
ASSEMBLYMAN SMITH SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
ASSEMBLY BILL 125:
Makes various changes relating to repository for information concerning hazardous materials in Nevada.
ASSEMBLYMAN SADER MOVED TO DO PASS A.B. 125.
ASSEMBLYMAN GIBBONS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 127:
Requires state emergency response commission under certain circumstances to develop informational programs regarding hazardous materials.
ASSEMBLYMAN SADER MOVED TO DO PASS A.B. 127.
ASSEMBLYMAN DE BRAGA SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 111:
Requires state fire marshal to adopt regulations establishing standards for training and education for required certification of firemen and persons who respond to incidents involving hazardous material.
ASSEMBLYMAN REGAN MOVED TO INDEFINITELY POSTPONE A.B. 111.
ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 112:
Requires state fire marshal to study levels of training concerning hazardous materials that firemen in rural areas have received and propose alternative methods for additional training.
ASSEMBLYMAN SADER MOVED TO AMEND AND DO PASS A.B. 112.
ASSEMBLYMAN GIBBONS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 113:
Requires state fire marshal to establish mobile training team to train volunteer firemen to respond to incidents involving hazardous materials.
ASSEMBLYMAN GIBBONS MOVED TO AMEND AND DO PASS A.B. 113.
ASSEMBLYMAN SMITH SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 115:
Protects certain persons and organizations from liability for damages in regulating and removing hazardous materials.
Mr. Sader explained the amendments to A.B. 115: page 2, section 5, line 10 would be deleted and to be added would be, "qualified by training, education or experience." On page 2, delete lines 28-30. Mr. Sader did not know if the bill needed to come to the Judiciary Committee; however the bill was a concurrent referral.
ASSEMBLYMAN SADER MOVED TO AMEND AND DO PASS A.B. 115.
ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION.
Mr. Regan asked if the word assistance was to be changed to services. Mr. Sader felt the word assistance would be a better word as it would include activities performed in the emergency.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 122:
Expands costs for which money may be expended and recovered regarding response to accident involving hazardous material.
Mrs. Freeman asked Mr. Welden to explain the new provision. He said Sierra Pacific wanted certain things clarified where they would not be liable for fees in an accident such as an across- the-country pipeline which would carry natural gas, or a distribution system which carried liquified petroleum gas. The other question concerned whether an entity, which would be regulated in a rate setting by the public service commission, could be sued by a local government for costs which might cause the rates to rise.
Mr. Gibbons stated the subcommittee had ensured a narrow enough scope only to apply to a natural gas or liquified petroleum gas.
Mr. Sader recommended the language used regarding reimbursement from a judgment be changed to prejudgment interest. The statutes were standardized sometime ago and should be continued. Mr. Sader said the procedure would be to reference the statute in Chapter l7.
ASSEMBLYMAN GIBBONS MOVED TO AMEND AND DO PASS A.B. 122.
ASSEMBLYMAN REGAN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 132:
Increases amount that local air pollution control board may retain from administrative penalties.
Mr. Schneider said the Clark County Health Department representatives and the Clark County School District representatives met and agreed on a compromise. He did state the bill would not affect Washoe County as the 400,000 population cap remained in A.B. 132.
ASSEMBLYMAN SCHNEIDER MOVED TO AMEND AND DO PASS A.B. 132.
ASSEMBLYMAN REGAN SECONDED THE MOTION.
Ms. Smith, for the record, noted she was a member of the Clark County School District, and A.B. 132 would not affect her directly and therefore she would vote on the bill.
Mr. Bache, for the record, was an employee of the Clark County School District, and he said this would not affect him any differently than any other teacher, and he would vote on A.B. 132.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 110:
Creates committee to study designation of safe areas for transporters of hazardous materials.
ASSEMBLYMAN SMITH MOVED TO AMEND AND DO PASS A.B. 110.
ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 116:
Requires department of taxation to collect certain fees related to hazardous materials.
Mr. Welden said Mr. Dini met with persons involved with A.B. 116 and they were agreeable to not processing the bill.
Mr. Welden discussed the cleanup amendments with the committee.
ASSEMBLYMAN SADER MOVED TO INDEFINITELY POSTPONE A.B. 116.
ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION.
Mr. Carpenter felt if A.B. 116 were Indefinitely Postponed the inventory and annual fee included in the statutes last session to take care of the inventory of chemicals by agriculture and mining would be lost and they would have to pay again.
ASSEMBLYMAN SADER WITHDREW THE MOTION TO INDEFINITELY POSTPONE A.B. 116.
ASSEMBLYMAN NEIGHBORS WITHDREW THE SECOND TO THE MOTION.
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ASSEMBLYMAN SADER MOVED TO AMEND BY DELETING ALL NEW LANGUAGE IN A.B. 116, BUT RETAINING THE DELETION IN SECTION 1, SUBSECTION 1 OF LANGUAGE RELATING TO THE REAUTHORIZATION ACT OF 1986 AND DO PASS.
ASSEMBLYMAN SMITH SECONDED THE MOTION.
Mr. Gibbons discussed the annual fee on line 15, section 1, page 1, "....must not be prorated or refunded." He asked if the annual fee would be deleted if it was already paid. Mr. Welden stated there would be a one time fee in subsection 1, and then an annual fee. Mr. Gibbons replied he felt the annual fee should be prorated. Mr. Welden deferred to Verne Rosse of NDEP who handled the program.
Mrs. Freeman suggested Mr. Welden come back to the committee with the amendments.
ASSEMBLYMAN SADER WITHDREW HIS MOTION TO AMEND BY DELETING ALL NEW LANGUAGE IN A.B. 116, BUT RETAINING THE DELETION IN SECTION L, SUBSECTION 1 OF LANGUAGE RELATING TO THE REAUTHORIZATION ACT OF 1986 AND DO PASS.
ASSEMBLYMAN SMITH WITHDREW THE SECOND TO THE MOTION.
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Mr. Welden discussed the amendments to A.B. 116 with the committee. He would make the changes to the amendments, process them, and bring them before the committee at the next workshop.
ASSEMBLY BILL 117:
Provides for coordination of regulatory activities relating to hazardous materials.
Mr. Sader asked why NDEP did not want to be included. Mr. Welden said DEP felt the term "coordinate the adoption of regulations" might be interpreted to mean SERC would have authority to stop DEP from adopting regulations which they felt might be necessary. Mr. Sader explained the subcommittee was to standardize forms and standardize collection of fees to the degree possible. On pg. 1, line 5 a clause would be added regarding the activities of subsections (b) and (c), relating to the duties of coordinating the collection of fees and the standardization of forms. Mr. Sader said this would alleviate DEP's problem of someone else writing regulations.
ASSEMBLYMAN SADER MOVED TO AMEND A.B. 117 BY AMENDING LINE 5 OF PAGE 1, AND RENUMBERING (B) TO (C) AND (C) TO (B) AND ADD REGARDING SUBSECTIONS 1A AND 1B. CHANGE THE LANGUAGE AS PROPOSED ON PAGE 23 OF Exhibit C, DELETING WASTE AND ADDING MATERIALS AND DO PASS.
ASSEMBLYMAN CARPENTER SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY BILL 123:
Provides for issuance of permits for transportation of radioactive was by Nevada highway patrol division of the department of motor vehicles and public safety to issue such permits with the approval of the commission; and providing other matters properly relating thereto.
ASSEMBLYMAN SADER MOVED TO AMEND AND DO PASS A.B. 123.
ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY CONCURRENT RESOLUTION 6:
Directs Legislative Commission to study feasibility and desirability of creating Department of Public Safety.
Mr. Welden noted no one had testified on A.C.R. 6 before the committee. He said there was discussion state governmental reorganization would be studying the concept. Mr. Welden would track A.C.R. 6 and put it on a workshop towards the end of the session if it was the committee's desire.
Mr. Sader suggested Elections and Procedures usually handles the A.C.R's. of interim studies. Mrs. Freeman suggested the committee rerefer A.C.R. 6 to Elections and Procedures. She will bring this before the committee at a later date.
Mr. Welden offered to take the amendments to the bill drafter for the bills which needed amendments and Chairman Freeman agreed.
The committee through Chairman Freeman thanked Mr. Welden for all of his help.
There being no further business to come before the 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 17, 1993
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