MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
June 23, 1993
The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 2:15 p.m., June 23, 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
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. John C. Carpenter
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Mr. Fred Welden, Chief Deputy Research Director
OTHERS PRESENT:
Tom Ballow, Nevada Department of Agriculture; William McCrea, Nevada Department of Agriculture, Supervisor Weights and Measures; Brian Wright, Washoe County Health Department; Gerald Adams, Incline Village/Crystal Bay Fire Department; Jim Reinhardt, Nevada Division of Forestry; Ray Blehm, State Fire Marshal; Leland Miller, Miller Truck Lines; Bob Secred, Ace Firewood.
Chairman Freeman opened the meeting at 2:15 p.m.
SENATE BILL 303:
Makes various changes relating to regulation of pesticides.
Mr. Tom Ballow, Executive Director, Nevada State Department of Agriculture, said S.B. 303 was at the request of the department. The bill would provide for an increase in the registration fees on pesticides raising the maximum amount from $25 per registration up to $50. A portion of the registration fee would go into a separate fund and be used only for the disposal of pesticides. The bill would also give authority for administrative fines. The only penalties which the Department of Agriculture was able to bring against persons for violating the pesticide laws and regulations of the state of Nevada was to take them to court on a misdemeanor complaint and attempt to get a criminal complaint filed against them. Many of the district attorney's were reluctant to proceed with misdemeanor complaints when overloaded with felony problems. An administrative fine would be handled within the department and the department would gain some penalty assessments on the violations.
Mrs. Freeman asked for an example of someone using a pesticide in an illegal manner.
Mr. Ballow said most problems with pesticides had to do with termite control. The chemicals had been applied improperly and not according to the label. Termite control people were using the wrong pesticide which had been banned by the Environmental Protection Agency and were continuing to use it even though it had been banned in an attempt to use up their supply of the pesticide.
Mrs. Freeman asked how one would get hold of pesticides which had been banned. The exterminator had bought the pesticide in California and the distributor was in violation for selling the pesticide, said Mr. Ballow.
Mr. Neighbors asked how many violations had been noted and the district attorney had not prosecuted. Mr. Ballow said in 22 years probably 15 cases. Mr. Neighbors asked why the administrative fine fund would go to the County School District. He felt the money should go to the County General Fund as the District Attorney might be more responsive. Mr. Ballow said they had the policy in the past of administrative fines going to County School Districts, and had interpreted a legislative desire to not have the agency administrating the fines retain the money within the agency.
ASSEMBLYMAN DE BRAGA MOVED TO DO PASS S.B. 303.
ASSEMBLYMAN SMITH SECONDED THE MOTION.
THE MOTION CARRIED. (MR. CARPENTER WAS ABSENT AT THE TIME OF THE VOTE. MR. NEIGHBORS VOTED NO.)
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SENATE BILL 444:
Making various changes related to controlled fires.
Mr. Noel Manoukian, General Counsel and Lobbyist for the Incline Village General Improvement District, and Mr. Gerald Adams, North Lake Tahoe Fire Protection District, spoke on S.B. 444 in support of the bill. Mr. Manoukian spoke from prepared testimony (Exhibit C). The Senate unanimously passed S.B. 444.
Mr. Gibbons praised the bill for the safety of the residents of Incline and the Lake Tahoe area. He asked it the bill would hamper the fire marshal or division of forestry or fire departments from setting intentional fires during emergency situations. Mr. Manoukian felt this would not be the case, and the training and certification process would be expedited. Mr. Gibbons clarified his statement and said intentional burns to control an out-of-control forest fire.
Mr. Jim Reinhardt, Fire Management Officer, Western Region, Nevada Division of Forestry, replied to Mr. Gibbons question on backfiring or burning out. He said the question could best be answered by stating in the fire service there were specific regulations, policies and procedures of who could institute backfiring or burning out. People, such as Mr. Reinhardt, who were certified incident commanders would approve the process and whenever a backfire was instituted on a fire, the clearance must be from the incident commander. There would not be a problem with the bill regarding Mr. Gibbon's question. Mr. Gibbons asked, within the current status of county air quality regulations if the controlled burns would take under consideration days when the air quality would preclude burning. Mr. Reinhardt said as part of the prescription process air quality would be addressed. He stated under pile burning, Division of Forestry fell under all the regulations of county, local and federal air quality rules.
Mr. Manoukian said Section 6 addressed matters such as Mr. Gibbons was concerned with.
Mr. Ernaut stated Incline Village had a great program on defensible space, and anything the committee could do to enhance its program and enhance the area in general should be done, and he would support the bill.
Discussion took place regarding the liability concerning backfires.
Mr. Reinhardt said the Tahoe Basin had such a heavy fuel load, prescribed fire would not be the preferred method to institute progressive fuel management in the basin. The need was to mechanically and physically reduce the fuel loading to get it down before fire could be reintroduced into the ecosystem.
Mr. Ray Blehm, State Fire Marshal, said he was familiar with the technology which had been proven and worked and was good long range strategy to use in the forested areas. He said the bill in Section 10 would require the State Fire Marshal to establish and maintain a library for the benefit of the fire service and the public. This would not be a cost item as the office would do this along with a report to the Legislative Counsel Bureau recommending additional legislation which would help minimize the threat of wildfires.
ASSEMBLYMAN ERNAUT MOVED TO DO PASS S.B. 444.
ASSEMBLYMAN GIBBONS SECONDED THE MOTION.
THE MOTION CARRIED. (ASSEMBLYMEN CARPENTER AND SADER WERE ABSENT AT THE TIME OF THE VOTE.)
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SENATE BILL 541:
Specifically authorizes firewood to be sold by weight.
Mr. Tom Ballow, Executive Director, State Department of Agriculture, also the State Sealer of Weights and Measures, supported S.B. 541. Mr. Ballow said one of the Weights and Measures employees had written a letter to members of the committee (Exhibit D) opposing S.B. 541. Mr. Ballow said the committee was certainly free to consider his ideas, but the official position of the Department of Agriculture was to support S.B. 541. In the past the department had considered the sale of firewood by weight to be a proper practice. The department's policy had been to accommodate commerce and facilitate the exchange of goods. In some instances both the seller and the buyer felt it was more convenient to weigh the wood than measure it. The bill would do nothing but put into law what the Department of Agriculture had interpreted the law to be in the past. Constituents of Senator Rhoads felt they would be more comfortable selling by weight if it was spelled out in law. Mr. Ballow introduced Mr. McCrea, Supervisor, Weights and Measures in Nevada, who could answer questions.
Mrs. Freeman said currently half cords or cords of wood were sold, why could a box of wood not be sold. Mr. Ballow said super markets do sell bundles of wood. She asked if customers would be protected by allowing wood to be sold by weight instead of by volume. Mr. Ballow replied, just as well, some problems mentioned regarded green wood or wet wood which would weigh more than dry wood, and wet wood would cause pollution problems. Weights and Measures would be concerned with the accuracy of measurement, whether by weight or volume. If the buyer was satisfied with the quality of wood he was buying and knew what he was buying, the department felt it would be fair. The buyer did have to watch out to make sure he was getting good quality and seasoned wood.
Mr. Gibbons had read the letter from Steve Grabski and felt he had some viable questions and concerns. He said there was a considerable difference in the weight of dry or wet wood. Mr. Gibbons asked what was the average weight of a cord of wood. Mr. Ballow said it depended on the type of tree, cedar, cottonwood, etc. Mr. Gibbons said to give him an average weight of a cord of wood. Mr. McCrea said the table was from the Woodshoppers Guide, and birch would weigh 36,080 pounds per cord. Mr. Gibbons asked how 36,000 pounds of wood would be weighed. Mr. McCrea stated by truck scale. Mr. Gibbons asked if it would be improper to include language in the bill in front of the word on line 6, of S.B. 541, "by weight" to change the wording to "dry weight." Mr. McCrea agreed with Mr. Gibbons and Mr. Gibbons said there would either be 128 cubic feet or the average dry weight.
Ms. de Braga questioned the wording in the bill and discussion ensued.
Mr. Leland Miller, Owner, Miller Truck Lines, Winnemucca, Nevada who sold firewood by the weight, supported S.B. 541. He spoke from prepared testimony (Exhibit E).
Mr. Bob Secred, Ace Firewood, Elko, Nevada, said Mr. Miller summed up the feelings of the distributors. He said they would like to bring the industry into the 90's with automated equipment and keep the cost down to the consumer.
Mr. Bryan Wright, Washoe County Health Department, opposed S.B. 541 for the inclusion of weight as a criteria for selling firewood. It would only add another dimension in the already confused state the consumer faced when he bought firewood, and would encourage the selling of green, wet, heavier wood.
Mrs. Freeman asked how Mr. Wright would respond to Mr. Gibbons question on a standard of weight for a cord of wood. Mr. Wright said there would not be a problem with the bill if the weight was 20 percent moisture or less which was considered seasoned firewood.
Discussion took place regarding the definition of a dry cord of wood and the moisture content.
ASSEMBLYMAN GIBBONS MOVED TO AMEND AND DO PASS S.B. 541.
ASSEMBLYMAN ERNAUT SECONDED THE MOTION.
THE MOTION CARRIED. (MR. SADER WAS ABSENT AT THE TIME OF THE VOTE.)
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There being no further business to come before committee, the meeting was adjourned at 3:15 p.m.
RESPECTFULLY SUBMITTED:
PAT MENATH
Committee Secretary
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Assembly Committee on Natural Resources, Agriculture and Mining
June 23, 1993
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