MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
May 4, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:40 a.m., on Tuesday, May 4, 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 Mark A. James
Senator Thomas J. Hickey
Senator Ernest E. Adler
COMMITTEE MEMBERS ABSENT:
Senator Joseph M. Neal, Jr. (Excused)
Senator Dina Titus (Excused)
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Caroline Allen, Committee Secretary
OTHERS PRESENT:
Bernard Sease, Chairman, Liquified Petroleum Gas Board
Gary Nelson, Safety Inspector, Liquified Petroleum Gas Board
Stephanie Tyler, Lobbyist, Nevada Propane Dealers Association
John Perry Comeaux, Executive Director, Nevada Department of Taxation
Ray Bacon, Nevada Manufacturers Association
Carl Cahill, Division Director, Washoe County District Health Department
Randy Jackson, Manager, Transportation Division, Nevada Public Service Commission
Terry Page, Director, Regulatory Operations, Nevada Public Service Commission
Chairman Smith convened the hearing with testimony on
Senate Bill (S.B.) 228.
SENATE BILL 228: Makes various changes relating to board for regulation of liquified petroleum gas.
Bernard Sease, Chairman, Liquified Petroleum (L.P.) Gas Board, introduced himself to members of the committee. He expressed his hopes of the bill being approved. He stated the board has six members appointed by the Governor and their budget for this fiscal year was $122,000. He further explained that the board was specifically responsible for safety of use L.P. gas for the State of Nevada. He remarked that they also were involved in consumer complaints and training for those who use L.P. gas and provided public information. He explained that S.B. 228 was a result of the board's review of the law this year that governs them to see if there was a need to suggest some changes to the way the board operates. He further expounded and alluded to the bill regarding suggested changes.
Further discussion ensued.
Gary Nelson, Safety Inspector, Liquified Petroleum Gas Board introduced himself to members of the committee and assisted Mr. Sease with a question Senator Adler had asked.
Chairman Smith asked if there were others present who would like to
testify.
Stephanie Tyler, Lobbyist, Nevada Propane Dealers Association, introduced herself to members of the committee. She stated she basically represented the industry that was regulated by the aforementioned board. She stated the association had worked well
with the board in the years that she had worked directly with them.
She emphasized that safety had been their number 1 issue, however, it had always been the intent of the board, in working with the association to keep the board fees down. She drew the committee's attention to Senate Bill 228, Sec. 5. Nevada Revised Statutes 590.605, lines 42-47, as ...
...imposition of a fine, as it deems appropriate. In addition to any penalties imposed pursuant to this subsection, the licensee shall pay to the board any costs incurred by the board in conducting the investigation and hearing, including:
(a) Costs to employ an attorney or other consultant; and
(b) Per diem allowances and travel expenses.
She also emphasized this to be an effort to keep the fees down and pass down to the consumer. She further expounded on her views and
concluded that the association strongly supports the legislation of
this bill.
Discussion ensued.
Chairman Smith closed the hearing on Senate Bill 228 and called for action from the committee.
SENATOR RHOADS MOVED TO DO PASS S.B. 228.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL, TITUS, AND JAMES WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Smith opened the hearing on Assembly Bill (A.B) 386.
ASSEMBLY BILL 386: Revises provisions of Senate Bill No. 97 of this session concerning management of solid waste.
John Perry Comeaux, Executive Director, Nevada Department of Taxation,
introduced himself to members of the committee. He stated this was a trailer bill of Senate Bill (S.B.) 97.
SENATE BILL 97: Makes various changes regarding regulation of and funding for management of solid waste.
He stated S.B. 97 transferred responsibility for administering the $1 fee on retail sale of a tire to the Nevada Department of Taxation.
He mentioned that they had requested a number of changes on the assembly side which basically was included in the first reprint of the bill. He gave further presentation before the committee.
Discussion ensued.
Chairman Smith closed the hearing on Assembly Bill 386.
Chairman Smith opened the hearing on Assembly Bill (A.B.) 117.
ASSEMBLY BILL 117: Provides for coordination of regulatory activities relating to hazardous materials.
Ray Bacon, Nevada Manufacturers Association, introduced himself to members of the committee. He stated that A.B. 117 was part of the package that came out of the Assembly Concurrent Resolution (A.C.R.) 79 of the Sixty-sixth Session committee.
ASSEMBLY CONCURRENT RESOLUTION 79
of the SIXTY-SIXTH SESSION: Directs Legislative Commission to conduct interim study of laws relating to emergencies involving hazardous materials.
He stated that the fundamental intent was to try and focus and consolidate the people that industry has to deal with as much as possible. He further indicated this was something they were involved in the A.C.R. 79 of the Sixty-sixth Session. He stressed this had strong consensus on the A.C.R. 79 of the Sixty-sixth Session committee and that his agency strongly supports this bill.
Chairman Smith asked if there were other parties who wished to speak on A.B. 117.
Carl Cahill, Division Director, Washoe County District Health Department, introduced himself to members of the committee. He stated they have a group of individuals who do respond to hazardous material spills on a regular basis and that they strongly support this bill and thought it would be very helpful.
Chairman Smith called for action from the committee.
SENATOR HICKEY MOVED TO DO PASS A.B. 117.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL, JAMES AND TITUS WERE ABSENT FOR THE VOTE.)
Chairman Smith opened the hearing on Assembly Bill 123.
ASSEMBLY BILL 123: Provides for issuance of permits for transportation of radioactive waste by Nevada Highway Patrol Division of Department of Motor Vehicles and Public Safety with approval of Public Service Commission of Nevada.
Randy Jackson, Manager, Transportation Division, Public Service Commission (PSC), State of Nevada, introduced himself to members of the committee. He stated A.B. 123 was also a bill that came out of the A.C.R. 79 of the Sixty-sixth Session interim study committee. He gave an interpretation of A.B. 123 (as defined above). He also added that before the Highway Patrol issues the permit, the PSC will conduct an investigation into the ability of the motor carrier to provide that transportation. He further stated the PSC does support this bill. It was amended in the assembly and the PSC does recommend that it does pass.
Further discussion ensued.
Terry Page, Director, Regulatory Operations, Nevada Public Service Commission, introduced himself to members of the committee. He stated they still would retain with this legislation, the fit, willing and able test of any courier transporting hazardous radioactive waste in the state. He further stated the administrative function of
the permit would go to the highway patrol. He stated the concept is the one-stop shopping, so that a courier entering the state does not have to deal with both of the agencies. He indicated this was the benefit of the result that came out of the A.C.R. 79 of the Sixty-sixth Session study committee.
Senator Hickey told Mr. Page he wanted to look at the bill he had alluded to, however, he understood his concept.
Chairman Smith closed the hearing on A.B. 123 and referred the bill to work session.
Chairman Smith called for discussion from the committee on Assembly Bill 386 and asked if they wanted to re-refer the bill or discuss it currently?
Senator Rhoads stated they should re-refer it.
Discussion ensued.
SENATOR HICKEY MOVED TO AMEND A.B. 386.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS TITUS AND NEAL WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Smith said the next order of business before the committee was consideration of three bill draft requests (BDRs).
BDR C-1002: Amends constitution to repeal disclaimer of public lands.
Chairman Smith called for action on BDR C-1002.
SENATOR ADLER MOVED FOR COMMITTEE INTRODUCTION OF BDR C-1002.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
BDR 40-1975: Exempts from regulation transportation of hazardous substances that are otherwise regulated.
Chairman Smith called for action on BDR 40-1975.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF
BDR 40-1975.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
BDR 26-1779: Add Inter-Tribal Council of Nevada to entities represented on Board on Geographic Names.
Chairman Smith called for action on BDR 26-1779.
SENATOR ADLER MOVED FOR COMMITTEE INTRODUCTION OF
BDR 26-1779.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 9:21 a.m.
RESPECTFULLY SUBMITTED:
Caroline Allen,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
May 4, 1993
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