MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
June 7, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:10 p.m., on Monday, June 7, 1993, in Room 227 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Ann O'Connell, Chairman
Senator Sue Lowden, Vice Chairman
Senator William J. Raggio
Senator Dean A. Rhoads
Senator Thomas J. Hickey
Senator Leonard V. Nevin
Senator Matthew Q. Callister
GUEST LEGISLATORS PRESENT:
Assemblyman John C. Carpenter, Assembly District No. 33
Assemblyman David E. Humke, Assembly District No. 26
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Ricka Benum, Committee Secretary
OTHERS PRESENT:
Tom Fransway, Chairman, Board of Commissioners, Humboldt County
John Russum, Road Supervisor, Humboldt County
Everett A. Jesse, State Water Planner, Division of Water Planning, State Department of Conservation and Natural Resources
Dana B. Pennington, Environmental Health Specialist, Bureau
of Health Protection Services, Health Division, Department
of Human Resources
Joseph D. Rufo, Skyland General Improvement District
Chairman O'Connell stated the committee would to discuss Senate Bill (S.B.) 145. She requested Assemblyman Carpenter to explain the amendments added as a result of assembly hearings.
SENATE BILL 145: Exempts reasonable agricultural activity from certain local ordinances concerning air pollution. (BDR 20-1047)
Senator Nevin asked if there was discussion during assembly hearings, as to the term "reasonable" used in the bill. Since the bill affects only Washoe County, he wanted clarification before a vote was taken.
Assemblyman John C. Carpenter, Assembly District No. 33, explained the Farm Bureau and the Washoe County Health Department representatives came to an agreement and developed the amended language. Mr. Carpenter recalled testimony in the assembly hearing stating what they termed as "reasonable or customary" agricultural activities. He gave cited examples such as requiring a field to be irrigated before it is plowed to keep the dust down, or if the wind is blowing up to a certain speed, plowing would be prohibited.
Chairman O'Connell saw these to be things farmers and ranchers would do on a normal basis anyway. Mr. Carpenter agreed.
Senator Nevin indicated he has no problem with that language. He thanked Mr. Carpenter for his information.
SENATOR HICKEY MOVED TO CONCUR WITH ASSEMBLY AMENDMENT
NO. 559 TO S.B. 145.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAGGIO AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell announced the next order of business was to consider whether to concur with Amendment No. 500 to S.B. 282.
SENATE BILL 282: Expands exemption from requirement that state public works board furnish engineering and architectural services for certain buildings. (BDR 28-265)
SENATOR HICKEY MOVED TO CONCUR WITH ASSEMBLY AMENDMENT
NO. 500 TO S.B. 282.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAGGIO AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell opened the meeting to testimony on Assembly Bill (A.B.) 535.
ASSEMBLY BILL 535: Expands class of publicly owned water systems eligible for grant for capital improvement. (BDR 30-1469)
Assemblyman John C. Carpenter testified in favor of A.B. 535. It was explained by Mr. Carpenter that the purpose of the measure is to make 43 small water systems throughout the state, eligible for the community water systems grant. They would be allowed to bond up to a total of $25 million for these grants. Mr. Carpenter stated he believes approximately $7 million worth of grants have been approved. He was of the opinion that no bonds had yet been sold. This would enable small districts such as Bunkerville, Lamoille, Midas, Panaca and Silver Springs to be eligible for the grant. Mr. Carpenter stated in order to take advantage of the grants, the community must come up with a certain percentage of the money.
Senator O'Connell asked if there was any opposition testimony in the assembly. Mr. Carpenter answered no, not to his knowledge.
Everett A. Jesse, State Water Planner, Division of Water Planning, State Department of Conservation and Natural Resources, explained preference is given to the smaller communities. Mr. Jesse stated eligibility for the grant can include a community with as small a water system as 15 or more service connections or service to 25 or more people.
Mr. Jesse explained when applying for the grant, certain criteria must be met. In the grant application it is necessary for the community to show a operation/maintenance plan and the revenue to maintain the system. Also, they must be able to create a reserve fund within that plan. He indicated typically water systems must increase their rates in order to get the grant, this creates the revenue to maintain the system. Mr. Everett explained the last thing they want to have occur is the necessity to financially bail out a water system, which was common with private owners.
In response to questions from Senator Hickey, Mr. Jesse pointed out there are other states that operate community water systems in the same manner. The requirement of operation/maintenance plans has proved the most beneficial.
Senator O'Connell asked if all water systems are not under the Public Service Commission (PSC).
Mr. Jesse replied no, that water systems under the PSC are not eligible for the water grant program. Those are private investor owned water systems and under the control of the PSC.
Senator Hickey questioned what percentage of the grant is federal funds and what percentage comes from a state source.
Mr. Jesse answered the $25 million is all state funds, to be eligible for the grant program. The communities must come up with a match of 15 to 75 percent of the amount of the grant, which must come from a source other than the state of Nevada. For example it can come from a local source such as ad valorem taxes, water rates, or even a loan or grant from the Farmers Home Administration. Mr. Jesse explained this is not direct federal matching funds but rather indirect funds, in that the match can come from a federal source.
The Health Division is responsible for water quality monitoring on a semi-annual, quarterly and yearly basis of all water systems. Mr. Jesse's division monitors the water use of a system on a year to year basis.
Mr. Jesse's explained for Chairman O'Connell that privately owned water systems are usually under the purview of the PSC, as are most nonprofit water systems. However, county or city owned systems are considered political subdivisions, and fall under different regulatory control.
Dana B. Pennington, Environmental Health Specialist, Bureau of Health Protection Services, Health Division, Department of Human Resources, spoke from prepared testimony (Exhibit C). According to Mr. Pennington, A.B. 535 proposes to expand the class of publicly owned water systems which is eligible to receive a grant for capital improvements under Nevada Revised Statutes 349.
Mr. Pennington noted that the bill does not require private, non-profit water systems to become publicly owned.
Joseph D. Rufo, Chairman, Skyland General Improvement District, voiced support for A.B. 535. Mr. Rufo testified his background is in electronic engineering and he is aware of a product developed to monitor bacterial problems in water. Mr. Rufo requested the committee give the bill a favorable endorsement.
Chairman O'Connell closed the testimony on A.B. 535 and opened the hearing on Senate Bill (S.B.) 409.
SENATE BILL 409: Revises circumstances under which board of county commissioners may authorize use of certain county equipment on private roads. (BDR 20-167)
Tom Fransway, Chairman, County Commission, Humboldt County, urged the committee to pass S.B. 409. Mr. Fransway explained on the advice of counsel the county road maintenance workers were prohibited from plowing snow from private roads. He indicated that particularly hard winters cause many hardships, especially in the rural areas. One example given by Mr. Fransway was a rancher who requested the county to plow a portion of his private road to enable him to get feeding equipment into a nearly starving herd of cattle. He pointed out this was a 15 minute job, with the county equipment already at the location.
Senator Nevin stated he was under the impression that the language prohibiting the county maintenance crews originated from a former county commissioner's private road being cleared by using county equipment.
Mr. Fransway indicated the bill addresses snow plows and as well as motor patrols.
Senator Rhoads said it would include grading roads and clarified this concern was the reason for Amendment No. 577 to S.B. 409. He continued, typically in Elko County private roads are graded by the county, but Humboldt County officials made the determination it was not legal and felt it necessary to charge for the service. Therefore, the amendment states "the board may require the owner of the road to pay the county.." he explained. This is enabling language leaving it up to the county, they may or may not charge. Senator Rhoads stated that if the county had not plowed his private ranch road last winter, he estimated he could have been closed off from getting in or out of his home for 3 to 4 months. He said in his opinion this is why people pay taxes.
Senator Nevin asked if the bill would affect all the counties in the state. Senator Rhoads answered yes.
John Russum, Road Superintendent, Humboldt County, pointed out there is not much sense to use their resources to keep county roads open, when people are snowed in a 1/4 or 1/2 mile off the highway. Also, he indicated occasions where arrangements have been made to park equipment on local farms on weekends to avoid vandalism, in return the road is plowed on the way out. Mr. Russum indicated this is common sense legislation, that allows the road crews to do things that have been done in the past. It may seem logical to preclude county workers from this practice in an area where there are contractors nearby. However, in the rural areas there are few contractors available and they are not willing to take equipment 20 miles from town, then travel distances between ranches to plow private driveways. Mr. Russum explained the road crews serve the most remote areas of the state and are willing to accommodate those citizens while they have the equipment in the area, with little or no impact on the county.
In conclusion Mr. Russum commented that constituents do not like being denied county services. These types of services keep good relations and are done in conjunction with regular jobs.
SENATOR RHOADS MOVED TO AMEND AND DO PASS S.B. 409.
SENATOR CALLISTER SECONDED THE MOTION.
Senator Nevin indicated he has no objection to the bill, but he indicated the need to consult with Washoe County representatives, since problems had occurred in the county. Senator Nevin stated he would withhold his vote in committee and indicate his vote when the bill is heard on the floor.
Senator Hickey made the same request.
THE MOTION CARRIED. (SENATORS NEVIN AND HICKEY ABSTAINED FROM THE VOTE.)
* * * * *
Chairman O'Connell closed the hearing on S.B. 409 and requested testimony on ASSEMBLY JOINT RESOLUTION (A.J.R.) 9.
ASSEMBLY JOINT RESOLUTION 9: Supports efforts of people of territory of Guam to achieve status of Commonwealth of United States.
(BDR R-1315)
Assemblyman David E. Humke, Assembly District No. 26, testified in support of the resolution. He explained that granting status of a commonwealth would provide for the area of Guam to control its own destiny, much the same as a state. However, a commonwealth does not receive a vote in federal national elections. Mr. Humke indicated that American law is vague on the definition of commonwealth and that a few states are commonwealths. Other commonwealths are the two Marinara Islands and Puerto Rico.
The Commonwealth Act of Guam will clearly set out rights of Guam citizens to self government by limiting the power of the federal government to interfere with the internal affairs of Guam. Mr. Humke continued, the national defense for the United States would
be handled by the United States (U.S.) Government, as to the territory of Guam. He requested the committee to support the resolution.
It was noted by Senator Nevin that three states have passed similar resolutions in support of Guam becoming a commonwealth.
Senator Hickey pointed out that Guam is a our number one defense in the Pacific Ocean. He indicated Guam is the location of a large naval air base and also many United States (U.S.) ships are based in Guam.
SENATOR NEVIN MOVED TO DO PASS A.J.R. 9.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
The chairman moved to the next order of business, A.J.R. 28.
ASSEMBLY JOINT RESOLUTION 28: Urges Congress to review Social Security offset and windfall provisions. (BDR R-1887)
There was no testimony on A.J.R. 28. Chairman O'Connell asked if any wished to speak on A.J.R. 29, there was no one wishing to testify.
ASSEMBLY JOINT RESOLUTION 29:Urges national designation of month of May as United States Armed Forces History Month. (BDR R-1926)
There was no further business and Chairman O'Connell adjourned the meeting at 2:55 p.m.
RESPECTFULLY SUBMITTED:
Ricka Benum,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE:
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Senate Committee on Government Affairs
June 7, 1993
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