MINUTES OF THE

SENATE Committee on Natural Resources

Seventieth Session

February 24, 1999

 

The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:40 p.m., on Wednesday, February 24, 1999, in Room 2144 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Dean A. Rhoads, Chairman

Senator Lawrence E. Jacobsen, Vice Chairman

Senator Mike McGinness

Senator Mark A. James

Senator Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Kelly Buckner, Member, Elko County Fair Board

Michael Hood, Colonel, Chief, Nevada Highway Patrol Division, Department of Motor Vehicles and Public Safety

Daryl E. Capurro, Lobbyist, Nevada Motor Transport Association

James Rhode, Program Manager, Hazardous Materials Section, Nevada Highway Patrol Division, Department of Motor Vehicles and Public Safety

Douglas N. Bierman, Lobbyist, Tri-State Motor Transit Company

Chairman Rhoads opened the hearing on Senate Bill (S.B.) 166.

Senate Bill 166: Revises provisions governing terms of members of district board of agriculture for certain agricultural districts. (BDR 49-832)

Kelly Buckner, Member, Elko County Fair Board, explained S.B. 166 allows Elko County Fair Board members to be appointed at the end of the calendar year as opposed to the current June 30 date. Mr. Buckner went on to explain this will allow new members to become acquainted with their new responsibilities and organization.

There being no opposition to this bill Chairman Rhoads closed the hearing on S.B. 166.

SENATOR JACOBSEN MOVED TO DO PASS S.B. 166.

SENATOR COFFIN SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.)

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Chairman Rhoads opened the hearing on Senate Bill 167.

Senate Bill 167: Revises provisions governing issuance of permits to motor carriers transporting radioactive wastes. (BDR 40-746)

Michael Hood, Colonel, Chief, Nevada Highway Patrol Division, Department of Motor Vehicles and Public Safety, introduced Daryl E. Capurro, Lobbyist, Nevada Motor Transport Association, and stated they together have a possible solution for S.B. 167.

Mr. Capurro spoke from a handout (Exhibit C) stating the existing statute involving S.B. 167, that was adopted approximately 10 years ago, is now outdated and is not addressing today’s situations. Mr. Capurro explained Nevada joined the alliance program in 1994, which is soon supposed to be a national uniformity agreement in regards to transportation and movement of hazardous materials. Mr. Capurro continued by saying Nevada statutes are not in compliance in several areas with the federal Hazardous Materials Transportation Act or the rules governing the alliance program.

Mr. Capurro addressed Nevada Revised Statutes (NRS) 459.710, which outlines the funding provisions for fees and permits as the stumbling block to S.B. 167, and suggested a working group comprised of the Nevada Highway Patrol Division, State Emergency Response Commission (SERC), and other parties directly involved work out the problems associated with funding issues. Mr. Capurro explained NRS 459.710 requires 20 percent of the permit fees collected go to the SERC, but the alliance program, which Nevada is a party of, says the SERC funding must come from the apportionable fees that are charged. If this were true the funding for the SERC would disappear or be extremely low according to Mr. Capurro, and he continued:

We have a waiver from the alliance to work that out [funding] with the Legislature to settle that issue with respect to that portion of the funding. If it weren’t [were not] for that it would be relatively simple to adopt the language that’s [that is] in S.B. 82 and simply allow the department to collect whatever it costs to issue the permit, but that is the part that makes things a little ‘dicey.’ We certainly don’t [do not] want to hurt the SERC’s funding. Frankly, I don’t [do not] think they get enough, but they are never going to get enough under this formula because as more states join the alliance . . . our share of the revenue goes down because it’s [it is] apportioned among those states.

Senate Bill 82: Eliminates authority for imposing certain fees for inspection and regulation of motor vehicles that transport hazardous materials. (BDR 40-191)

Mr. Capurro explained the proposal in his handout is to adopt language from the Code of Federal Regulations, which would make Nevada compliant with current federal laws.

Chairman Rhoads asked if there was still a need for S.B. 82 or if it can be added to S.B. 167.

Mr. Capurro and Colonel Hood both agreed S.B. 82 should be included in S.B. 167. Colonel Hood suggested the Nevada Highway Patrol Division and the trucking industry together come up with a resolution to present to the committee that is fair and reasonable.

Chairman Rhoads agreed and asked them to keep the committee informed.

Senator Coffin questioned mixing a bill concerning hazardous waste with a bill concerning radioactive waste. Colonel Hood expressed no concern with combining the two bills, but agreed it would help resolve a way to set fees and enforcement.

Senator Coffin asked how many destination states there are for radioactive waste and if regulations differ from state to state.

James Rhode, Program Manager, Hazardous Materials Section, Nevada Highway Patrol Division, Department of Motor Vehicles and Public Safety, stated there is no way to tell the high- or low-level radioactive destinations and explained:

The program is designed for the state to make a decision on whether or not they want to regulate a hazardous material or a hazardous waste. What we have done in our legislation, that is existing, was to regulate radioactive hazardous waste not radioactive material. Under the program we’ve [we have] always treated radioactive material as any other hazardous material. It is only when it was a waste was it handled, as far as administratively, differently . . . so I can’t [cannot] tell you how many states are accepting this. I can tell you that traditionally we’ve [we have] had between 18 and 24 carriers on an annual basis that do transport radioactive waste in our state.

Mr. Rhode explained of the six states in the alliance program (Illinois, Michigan, Minnesota, Ohio, West Virginia and Nevada) only Ohio, Minnesota, and Nevada are involved in radioactive waste issues.

Douglas N. Bierman, Lobbyist, Tri-State Motor Transit Company, concurred with what Mr. Capurro said and expressed his company would like to be involved in the resolution of joining S.B. 82 and S.B. 167.

Chairman Rhoads closed the hearing on S.B. 167, and opened the work session on S.B. 105.

Senate Bill 105: Authorizes board of wildlife commissioners to adopt regulations setting forth circumstances under which person may fish in certain lakes or ponds without license, permit or stamp. (BDR 45-461)

SENATOR JAMES MOVED TO DO PASS S.B. 105.

SENATOR MCGINNESS SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

*****

Chairman Rhoads opened the work session on S.B. 106.

Senate Bill 106: Defines "license" and "permit" for purposes of assessment of demerit points for wildlife convictions. (BDR 45-460)

SENATOR MCGINNESS MOVED TO DO PASS S.B. 106 AND PLACE ON CONSENT CALENDAR.

SENATOR JAMES SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

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With no other business before the committee, the meeting was adjourned at 2:05 p.m.

RESPECTFULLY SUBMITTED:

 

 

Scott Corbett,

Committee Secretary

 

APPROVED BY:

 

 

Senator Dean A. Rhoads, Chairman

 

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