MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
January 21, 1993
The Senate Committee on Natural Resources was called to order by
Chairman R. Hal Smith, at 8:10 a.m., on Thursday, January 21,
1993, in Room 224 of the Legislative Building, Carson City,
Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the
Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator R. Hal Smith, Chairman
Senator Dean A. Rhoads, Vice Chairman
Senator Ernest E. Adler
Senator Thomas J. Hickey
Senator Mark A. James
COMMITTEE MEMBERS ABSENT:
Senator Joseph M. Neal, Jr. (Absent)
Senator Dina Titus (Excused)
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
Chairman Smith opened the hearing by introducing Caren Jenkins,
Senior Research Analyst, to members of the committee. He also
introduced Rayanne Francis, Committee Secretary, and Jane King,
Primary Committee Secretary. He informed committee members Jane
maintained a calendar of committee events in her office (Room
240). He invited them to feel free to pencil in items they
wished to have agendized at upcoming committee meetings.
Chairman Smith thanked Senators Hickey, Rhoads and Adler for
conducting a meeting the previous afternoon with representatives
of state agencies and solid waste industries.
Chairman Smith emphasized he did not consider himself to be the
"czar" of the Senate Committee on Natural Resources. Instead,
he emphasized all committee members are participants in the
hearing process. He likened his function as chairman to that of
a moderator and stressed he would strive to reach consensus
among members of the committee.
Chairman Smith reminded those in attendance he was somewhat
hard-of-hearing and may, occasionally, rely on others to assist
him in this area.
Chairman Smith advised members of the committee to review the
Standing Rules of the Sixty-seventh Session (Exhibit C). He
pointed out members should carefully review Item 1. as it was
amended due to the political balance of the committee. He
maintained it was important to assure each political party had
adequate representation at all times. Chairman Smith emphasized
he would follow the same format when he assigned members to
subcommittees.
Senator Adler pointed out he felt the amendment to Item 1. was
not necessary. Based upon his affiliation with the Democratic
Party, he did not feel the Senate Committee on Natural Resources
needed this protection. He voiced his confidence that the
chairman's ability to assure adequate political representation
would be available prior to taking a vote on any issue before
the committee. Senator Adler was concerned it would be diffi-
cult to vote bills out of committee if the amendment to Item 1.
remained in the Standing Rules. He concluded by saying the same
members (regardless of political affiliation) are, quite often,
present at each and every committee meeting.
Chairman Smith assured Senator Adler the amendment to Item 1. of
the Standing Rules was not absolutely necessary; however, the
intent was to stress the importance of balanced political repre-
sentation.
Chairman Smith pointed out he had appointed Senator Hickey to
chair the Subcommittee on Solid Waste. He continued by saying
Senators Adler and Rhoads rounded out the three member sub-
committee. He stressed these appointments crossed all lines of
concern; e.g. political, environmental, geographic, etc.
Senator Hickey commented that the previous day's meeting had
clarified the problems facing the State of Nevada in the area of
solid waste. He assured those in attendance the subcommittee
would be working diligently to expedite the process based upon
a tight time frame.
Chairman Smith called for approval of the committee's Standing
Rules (Exhibit C).
SENATOR JAMES MOVED THE STANDING COMMITTEE RULES BE
ADOPTED.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TITUS AND NEAL WERE
ABSENT FOR THE VOTE.)
* * * * *
Chairman Smith invited Caren Jenkins, Senior Research Analyst,
to make her presentation to members of the committee.
Caren Jenkins explained her affiliation with the Legislative
Council Bureau, Research Division. She also described her
research function to the Senate Committee on Natural Resources.
Ms. Jenkins proceeded to review several handouts, the first of
which describes Senate Standing Rule No. 40 (Exhibit D). She
summarized the content of this exhibit by saying Item 7. of the
exhibit outlines the jurisdiction of the Senate Committee on
Natural Resources over certain titles and chapters of the Nevada
Revised Statutes (NRS).
Senator Rhoads inquired why matters dealing with the Colorado
River Commission were consistently referred to the Senate
Committee on Government Affairs. Senator Hickey responded by
pointing out the Colorado River Commission was developed by
Chairman Smith and former Senator Jim Gibson. After some
discussion it was determined Colorado River Commission issues
were referred to Government Affairs because Senator Gibson
chaired the committee at the time.
Chairman Smith pointed out he was Chairman of the Assembly
Committee on Government Affairs at the same time Senator Gibson
chaired the Senate counterpart.
Ms. Jenkins' following comments are contained in her second
handout to the committee, which is entitled "Issue Brief"
(Exhibit E).
Ms. Jenkins briefly reviewed the contents of her third handout,
entitled Appendix A (Exhibit F). This exhibit listed various
bill draft requests (BDRs) resulting from interim studies of the
legislative commission or permanent committees of the legisla-
ture. She pointed out these BDRs may be referred to the Senate
Committee on Natural Resources.
Ms. Jenkins pointed out the names and representatives of rele-
vant agencies/interest groups who will, very likely, become
quite involved in the committee's activities (Exhibit G).
Ms. Jenkins briefly outlined her final handout containing
excerpts of the BDR list (Exhibit H). She explained the BDRs
listed would, undoubtedly, be referred to the Senate Committee
on Natural Resources and emphasized it was a partial list, at
best. She advised members of the committee to utilize this list
as a resource document.
Ms. Jenkins drew attention to the Preliminary Calendar of Infor-
mational Meetings (Exhibit I), which she had provided to members
of the committee. She emphasized this schedule was strictly in
draft form and admitted some of the entities scheduled for
hearings had not yet been invited to speak. She encouraged
committee members to feel free to make suggestions on additional
organizations/groups they would be interested in inviting to
speak to the committee.
Ms. Jenkins concluded her presentation by pointing out to those
in attendance the Legislative Council Bureau (LCB) offers a
variety of resources which are available to the Senate Committee
on Natural Resources. She assured committee members she would
be happy to handle their requests for information or to act as
liaison by routing their requests to other LCB staff members.
Chairman Smith complimented Ms. Jenkins on the quality of the
materials she presented to members of the committee.
As a matter of general information, Senator Hickey pointed out
Donald M. Bayer, LCB Senior Research Analyst, was currently in
Houston, TX participating in a national organization dealing
with the transportation of hazardous materials. Senator Hickey
felt it would be prudent for the Senate Committee on Natural
Resources to obtain a copy of the report listing the findings of
this national organization. Senator Hickey commented he had
already asked Ms. Jenkins and Mr. Bayer to set up a briefing,
during the legislature's adjournment in Las Vegas, addressing
the findings of this organization. He concluded by saying the
committee members would be touring the Yucca Mountain site
during the second week of adjournment.
Senator James admitted he would be very interested in the
educational aspect on the legal intricacies of Nevada's status
under the Nuclear Waste Policy Act Amendments. He emphasized he
knew of a "right of veto" granted to the State of Nevada, with
regards to accepting or not accepting benefits. He continued by
saying he understood the court had ruled Governor Bob Miller's
conveyance of the resolutions of the Nevada Legislature was not
a valid exercise of the right of veto. Senator James inquired
if it would be possible to have LCB describe to the committee
just exactly where Nevada stands, legally, as far as the
following matters are concerned:
1. Yucca Mountain Nuclear Waste Dump
2. Right of Veto
3. Nuclear Waste Policy Act Amendments
Specifically, Senator James wanted to know how the State of
Nevada can act under federal law with respect to a nuclear waste
dump. He concluded by saying this matter was of great concern
to him, and his constituents.
Senator Hickey pointed out he has been involved in the nuclear
waste issue for approximately 10 years and had extensive files
on the high-level radioactive waste issue. He summarized by
saying the resolution passed by the Nevada Legislature dealt
with the state's rejection of becoming the nation's nuclear
waste dump. He admitted the intent of this legislation was
under dispute and viewed by Governor Miller and Robert R. Loux,
Agency for Nuclear Projects, as a "right of veto." He said it
was his understanding that the federal statute dictated the site
characterization will continue. Upon completion of this charac-
terization, the Nuclear Regulatory Commission (NRC) will review
the scientific and technical issues to determine the suitability
of Yucca Mountain for the repository. Once the site's suita-
bility is determined, Senator Hickey remarked the issue will
continue on to the Secretary of Energy, who will in turn submit
this review to the President of the United States for approval
as a selected site. At this point, he said the President will
notify the Nevada Legislature and the Governor when the State of
Nevada can exercise that right, within a certain time frame. If
Nevada chooses to veto its selection as the repository site, the
United States Congress can determine if Yucca Mountain is, or is
not, a suitable site.
Senator Hickey commented that the legal argument lies with the
right of veto. He emphasized congress's right to override the
state's veto will be determined by the Federal Ninth Circuit
Court. He concluded the court had determined this was not a
proper time to exercise that right. Senator Hickey recommended
the committee invite Mr. Bayer to a future hearing to explain
how the State of Nevada fits into this issue of nuclear waste.
In response to the obvious interest of committee members, Ms.
Jenkins recommended a 2-hour meeting be set up as an
introduction to the issues surrounding Nevada's involvement and
authority with regard to high-level radioactive waste.
Additionally, she offered to submit a research request to Mr.
Bayer asking him to prepare an outline of Nevada's legal status
regarding the Nuclear Waste Policy Act Amendments.
Again, Chairman Smith drew the committee members' attention to
the draft's Preliminary Calendar of Informational Meetings
(Exhibit I). He emphasized every effort was being made to
reserve meeting times for addressing a wide variety of subjects
of interest to members of the committee, including the issue of
hazardous materials/waste. He also mentioned the Senate Com-
mittee on Natural Resources will not schedule hearings on any
bills until the latter part of February.
Chairman Smith declared his intention of developing committee
policies in the natural resource area to meet Nevada's objec-
tives. He continued by saying he felt the state needed to
diversify its tax base and encourage tourism. He expressed
particular concern about maintaining the quality of life
Nevadans have enjoyed in the past.
Chairman Smith reintroduced Rayanne Francis, Committee Secre-
tary, and invited her to address those in attendance. Ms.
Francis requested committee members remind those individuals
they invite to hearings to provide a business card and a copy of
their testimony to the recording secretary.
Chairman Smith welcomed fellow committee members to the Senate
Committee on Natural Resources and briefly described his exten-
sive background in the natural resources arena. It was obvious
to all in attendance that Chairman Smith has considerable
experience in natural resource (water) issues affecting Nevada,
as well as the State of California. He concluded by asking each
member of the committee in attendance to describe their varied
interests and experiences with regards to natural resources
issues. In summary, each committee member looked forward to
becoming more involved in defining Nevada's future course
concerning natural resources issues. Each member clearly felt
the issues before the Senate Committee on Natural Resources were
extremely important to the future well-being of the State of
Nevada.
Chairman Smith called attention to a handout listing several
bill draft requests (BDRs) (Exhibit J). He advised committee
members he intended to present these BDRs for committee
introduction at the next day's hearing (January 22, 1993).
Chairman Smith recognized three individuals in the audience and
introduced them due to the fact they would be regular partici-
pants in Senate Committee on Natural Resources hearings. These
individuals were: Doug Busselman, Nevada Farm Bureau; Cam
Walker and Brian Scroggins, Las Vegas Valley Water District.
Chairman Smith did not recognize one individual in the audience
and invited him to introduce himself. Mr. Jim Davis introduced
himself as a representative of the interests of the Pyramid Lake
Paiute Tribe. Chairman Smith welcomed Mr. Davis to the hearing
and encouraged him to attend future committee hearings.
Chairman Smith asked members of the committee for their approval
to officially convene future hearings at 8:30 a.m., instead of
8 a.m. Members in attendance gave their approval to this
change. Ms. Jenkins asked Chairman Smith if the agendas should
continue to be posted showing a starting time of 8 a.m., or
should they reflect the 8:30 a.m. start time. In consideration
of interested parties wishing to attend the hearings, Chairman
Smith responded by saying the agendas should reflect an accurate
representation of the meetings actual starting time (8:30 a.m.).
Ms. Francis reminded committee members of the locations where
copies of the Senate Committee on Natural Resources minutes
would be permanently maintained. Those locations were:
1) Secretary of the Senate's office
2) Senate Committee on Natural Resources Committee Room
3) Committee Secretary's office (Room 229)
4) Senate Chambers (Chairman Smith's desk)
Ms. Jenkins also requested that copies of the minutes be sent to
her office, located in the Sedway Office Building.
* * * * *
There being no further business before the Senate Committee on
Natural Resources, Chairman Smith adjourned the hearing at
9:03 a.m.
RESPECTFULLY SUBMITTED:
Rayanne J. Francis,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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