MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
June 23, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 9:02 a.m., on Wednesday, June 23, 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 Mark A. James
COMMITTEE MEMBERS ABSENT:
Senator Thomas J. Hickey (Excused)
Senator Joseph M. Neal, Jr. (Excused)
Senator Dina Titus (Excused)
GUEST LEGISLATORS PRESENT:
Assemblyman Marcia de Braga, Assembly District 35
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Joe Johnson, Lobbyist, Sierra Club
John Pappageorge, Lobbyist, Clark County, Silver State Disposal, Reno Disposal
Ray Bacon, Lobbyist, Nevada Manufacturers Association
William Molini, Director, Department of Wildlife, State of Nevada
Robert McQuivey, Division Chief, Habitat, Department of Wildlife, State of Nevada
Gaylyn Spriggs, Lobbyist, Rayrock Mines Inc.
Russell Fields, Executive Director, Department of Minerals
Fred Wright, Lobbyist, Coalition for Nevada's Wildlife
Jeff Martin, Coalition for Nevada's Wildlife
Cam Walker, Lobbyist, Las Vegas Valley Water District
Chairman Smith called the meeting to order at 9:02 a.m. The first order of business was Assembly Joint Resolution (A.J.R.) 37.
ASSEMBLY JOINT RESOLUTION 37:Urges Congress to oppose proposed legislation that establishes surcharge on water from federal reclamation projects.
Assemblyman Marcia de Braga, Assembly District 35, spoke in favor of the resolution. She explained if the proposed legislation is passed it will cost the Truckee-Carson Irrigation District between $105,000 and $2,500,000. The cost would be borne by the farmers. Ms. de Braga stated this would be more than the area could stand.
Senator Rhoads asked if the proposed legislation is in a bill or part of the "Clinton package." Ms. de Braga answered it is a bill which has already passed out of committee and is headed for the senate.
Joe Johnson, Lobbyist, Sierra Club, stated:
My concern about this bill is not so much in the area of its effect upon the Truckee-Carson Irrigation District, but primarily one of semantics. Sierra Club has been opposed to subsidized agricultural water into reclamation projects in general. This is a subsidy that is generated and causes [a] drain upon the budget of the United States and actually interferes in the market practices. Since the Truckee-Carson Irrigation District is a very old district and much of the original capital charges have been already paid, the operating expenses are not similar to the Central Valley Project in California. We fully realize the impact of this resolution and simply wish to go on record as standing in continuous opposition to federal subsidies to agricultural conservation districts.
SENATOR RHOADS MOVED TO ADOPT A.J.R. 37.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL, AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Adler commented he believes the bill in Congress is mainly directed toward the Central Valley Project where the state water system sells at one rate and the federal water is considerably less. The surcharge is meant to equalize the amounts. He said he did not think it should have general applicability.
Senator Smith closed the hearing on A.J.R. 37 and opened the hearing on Assembly Bill (A.B.) 623.
ASSEMBLY BILL 623: Authorizes state emergency response commission to adopt regulations which regulate division of emergency management of department of military.
John Pappageorge, Lobbyist, Clark County, stated he had testified before the subcommittee, and understood Senator Hickey would be reporting to the committee.
Ray Bacon, Lobbyist, Nevada Manufacturers Association, stated his organization's support of the bill.
SENATOR RHOADS MOVED TO DO PASS A.B. 623.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL, AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Smith closed the hearing on A.B. 623 and opened the hearing on Senate Bill (S.B.) 490.
SENATE BILL 490: Defines "recycling center" for purposes of certain provisions governing recycling.
Mr. Pappageorge, Lobbyist, Silver State Disposal and Reno Disposal, said his clients have no objections to S.B. 490.
SENATOR ADLER MOVED TO DO PASS S.B. 490.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL, AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Smith closed the hearing on S.B. 490 and opened the hearing on A.B. 659.
ASSEMBLY BILL 659: Requires operator of mining operation to obtain permit from department of wildlife before developing or maintaining artificial body of water which contains chemicals directly associated with processing of ore.
William Molini, Director, Department of Wildlife, State of Nevada, explained the bill consists of amendments to an existing statute which addresses an annual permit the department issues. He asked Robert McQuivey, Division Chief, Habitat, Department of Wildlife, State of Nevada, to testify.
Mr. McQuivey reminded the committee that during the mid 1980s there had been a severe problem with wildlife mortalities at mining operations. His department had developed a working relationship with the industry to address and resolve that issue. In 1989 legislation was passed which made the department a permitting agency. In 1990 the department worked with the industry to develop a funding mechanism for the agency to pay for mining related program costs. The permitting process is the mechanism they use to collect those fees. The fees are based upon program needs. A.B. 659 would cement the language so that the mining industry does have to obtain a permit.
Gaylyn Spriggs, Lobbyist, Rayrock Mines, Inc., testified on behalf of her organization in favor of the bill. She said they wanted to make the law clear in regard to the ponds.
Russell Fields, Executive Director, Department of Minerals, spoke in support of the bill.
Mr. Johnson also supports the bill.
Fred Wright, Lobbyist, Coalition for Nevada's Wildlife, said one point which has not been made was while they recognize the impacts that can occur from mining activity, the coalition also recognizes that the mining industry has contributed a considerable amount of money, both in mitigation and enhancement.
SENATOR RHOADS MOVED TO DO PASS A.B. 659.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL, AND TITUS WERE ABSENT FOR THE VOTE.)
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Senator Smith closed the hearing on A.B. 659 and opened the hearing on A.B. 740.
ASSEMBLY BILL 740: Provides legislative declaration concerning hunting.
Jeff Martin, Coalition for Nevada's Wildlife, spoke of his organization's goals and accomplishments. Mr. Martin testified in support of the bill.
Senator Rhoads asked about a related piece of Arizona legislation which had been defeated. Mr. Martin explained the proposed legislation was a ban against the taking of any animal by lethal means. The measure was defeated by 2 to 1.
There were several members of the audience who did not wish to testify, but wanted to be noted as proponents of the bill. Mr. Wright and Elsie Dupree, Nevada Wildlife Federation, Inc., submitted letters supporting the bill (Exhibit C).
SENATOR RHOADS MOVED TO DO PASS A.B. 740.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL, HICKEY, AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Smith closed the hearing on A.B. 740 and opened the hearing on S.B. 512.
SENATE BILL 512: Provides alternative method of showing subsisting right to water livestock.
Senator Rhoads explained the bill would streamline the permitting process.
SENATOR RHOADS MOVED TO DO PASS S.B. 512.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL, AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
Senator Smith closed the hearing on S.B. 512. Senator Smith announced he would be addressing A.B. 692 as soon as he received the amendment he requested.
ASSEMBLY BILL 692: Revises membership of Colorado River commission.
The chairman explained the amendment would undo something he had done during the last legislative session. During the Sixty-sixth Session the Committee on Natural Resources had made the Colorado River Commission a statewide agency responsible for all negotiations with other states and the federal government. Senator Smith proposed amending that out to make the commission responsible for only Colorado River/southern Nevada issues.
Senator Smith said during the previous legislative session the committee had also authorized $175 million to the Colorado River Commission to proceed with the construction of some of the elements of the treatment and delivery of the water. Members of the commission had testified that, should they issue the bonds, that money would count against the state's creditworthiness, not against the constitutional debt limit. The commission stated they do not want to proceed on that course. Members of the commission indicated they wanted to be, and are capable of being, independent.
Senator Smith wanted to let the committee know he would be offering both amendments on the senate floor.
Senator Smith opened the hearing on A.B. 314.
ASSEMBLY BILL 314: Makes various changes regarding appropriation of public waters and increasing certain fees assessed by state engineer.
The chairman explained the committee had amended the bill and passed it out of committee. The amendment was at Senator Neal's request. Senator Smith said both the state engineer and the director of the Natural Resources Department objected to the amendment. The senator said he would not move to vote it out without the presence of Senator Neal.
Senator Adler said he had not realized at the time of the vote that if the state engineer were put under the Administrative Procedures Act all his procedures would have to be drafted by the Legislative Counsel Bureau, which would mean a big fiscal note to the agency.
Senator Smith said he feels A.B. 314 is a very important act to appropriately fund the state engineer's office.
The chairman closed the hearing on A.B. 314. Cam Walker, Lobbyist, Las Vegas Valley Water District, asked whether Ms. de Braga had submitted an amendment to A.J.R. 37. Senator Smith said she had privately, but not publicly. Mr. Walker expressed concern because the resolution language said "projects" plural, instead of singular.
Senator Smith explained the bill was out of the committee and further concerns would have to be addressed on the floor of the senate.
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There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 9:28 a.m.
RESPECTFULLY SUBMITTED:
Denise Pinnock
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
June 23, 1993
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