The subcommittee on Natural Resources, Agriculture, and Mining was called to order at 3:35 p.m., on Tuesday, February 23, 1999. Chairman Marcia de Braga presided in Room 3161 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All Exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Mr. Harry Mortenson, Chairman

Mr. John Carpenter

Mrs. Gene Segerblom

STAFF MEMBERS PRESENT:

OTHERS PRESENT:

After roll was called, Chairman Mortenson opened the hearing on A.B. 41.

Chairman Mortenson reviewed proposed amendments submitted by Mike Baughman, representing Humboldt River Basin Water Authority (Exhibit C).

Mr. Carpenter said he hoped the proposed amendments would resolve the major concerns expressed regarding A.B. 41. He pointed out an onsite review could resolve future problems which might arise; and expressed confidence the measure would not impede emergency action from being taken. He said the language of A.B. 41 needed to clearly state the United States Departments of Defense (DOD) and Energy (DOE) were exempt from the legislation.

Chairman Mortenson said that remained to be seen.

Mr. Biaggi, Administrator of the Nevada Division of Environmental Protection (NDEP) provided the committee with a letter from the United States Environmental Protection Agency (EPA) expressing opposition to the measure (Exhibit D). Mr. Biaggi said the language of the proposed legislation would not meet the requirements for the National Pollutant Discharge Elimination System (NPDES), which could cause the State of Nevada to lose its delegation and self-determination. He said it was important that Nevadans regulated their own businesses and industries. Mr. Biaggi pointed out the proposed amendments would resolve most of the controversial areas; however, he continued to have reservations regarding the loss of a Nevada delegation. The authority to manage the state’s environmental issues would be sent back to the Federal Government. There was an exemption for the DOD and DOE facilities, as well as one for an immediate threat to public health and safety. There was also language which allowed NDEP to issue permits.

Mr. Mortenson stated Mr. Biaggi expressed the opinion Nevadans should handle Nevada’s business. He said it was an oxymoron to state that because the EPA gave NDEP its orders.

Mr. Biaggi said most of the environmental programs for hazardous wastes were dictated by the Federal Government. The states could embellish those programs, but in order to qualify for state delegation, state programs could not be any less stringent than the federal programs. The states got to administer those programs in their own manner. NDEP’s goal, he concluded, was not to seek fines and penalties, but to seek compliance.

Mr. Carpenter asked if the EPA took action based upon the language of the proposed amendments, Nevada did not really have much say in the environmental policies of the state. He said A.B. 41 gave Nevada a voice in those polices. Mr. Biaggi said he was willing to work with the committee to develop language, which would satisfy state, federal, and local agencies.

Mrs. Segerblom asked if Nevada received funding from EPA. Mr. Biaggi replied in the affirmative.

Mr. Carpenter said he, too, hoped to resolve the remaining issues regarding A.B. 41. The Jarbidge incident was unfortunate, and was a rare occurrence. He said it was important to add language that would make the measure work.

Mr. Biaggi offered NDEP’s amendments to the measure for the committee to review (Exhibit E).

Mr. Mortenson asked if his agency randomly conducted water sampling. Mr. Biaggi confirmed his agency frequently conducted sampling. Sampling was performed on both in-flow and out-flow at wastewater treatment plants annually. Sampling was also done on underground storage tanks, and on releases and spills from various sources into the environment. Mr. Mortenson asked if the test results done by NDEP became public record. Mr. Biaggi responded in the affirmative. He added the information submitted by the permitees was also public record.

Mrs. Segerblom asked who performed the sampling on the Las Vegas Wash. Mr. Biaggi responded many agencies tested that area. Those agencies included NDEP, the city of Henderson, the city of Las Vegas, Clark County, Bureau of Reclamation, Southern Nevada Water Authority (SNWA), Las Vegas Water Authority, National Park Service, and United States Geological Survey.

Mr. Mortenson asked if NDEP checked for radioactive contaminants going out of Lake Mead, which was a stipulation of the National Clean Water Act. Mr. Biaggi responded that was the responsibility of SNWA.

Joe Johnson, representing the Toiyabe Chapter of the Sierra Club, stated his organization’s principle concern regarding the proposed legislation was it could severely limit the authority of NDEP to protect the environment of the state. He concurred with Mr. Biaggi regarding the proposed amendments, adding the suggested language should satisfy all parties concerned.

William Frey, Environmental Division Attorney General’s Office, stated his primary concern regarding the Nevada delegation of the EPA was possible loss of federal funding. Also, he was concerned Nevada would lose the right to control their own environmental programs, including the permitting process. It was much easier to obtain a work permit from Carson City than it was to receive one from the EPA district headquarters in San Francisco.

Mr. Mortenson asked if he would be satisfied by the proposed amendments submitted by Mr. Biaggi. Mr. Frey responded in the affirmative.

The chairman asked if there were any other questions or comments, and there were none. He called for a motion.

Chairman Mortenson stated the motion stated the subcommittee would recommend accepting NDEP’s recommended changes to the proposed legislation, and make the recommendation to the Committee on Natural Resources, Agriculture, and Mining to Amend and Do Pass A.B. 41.

There being no other business before the subcommittee, the meeting was adjourned at 4:25 p.m.

RESPECTFULLY SUBMITTED:

Sharon Spencer,

Committee Secretary

APPROVED BY:

Assemblywoman Marcia de Braga, Chairman

DATE: