The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 2:13 p.m., on Wednesday, March 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

GUEST LEGISLATORS PRESENT:

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1, gave a brief history on S.B. 432 and how it came about through the creation of the Southern Nevada Strategic Planning Authority. Senator Porter stated the Southern Nevada Strategic Planning Authority was created to improve the quality of life in southern Nevada and S.B. 432 is just one of the bills introduced this session to try and improve that quality of life.

Erin Kenny, Board of Commissioners, Clark County, stated she has focused on air-quality issues because she believes that air quality in Las Vegas is the only thing that could shut Las Vegas down. Ms. Kenny strongly supports S.B. 432 because she thinks southern Nevada should try and achieve air-quality standards above and beyond what the U.S. Environmental Protection Agency (EPA) requires. Ms. Kenny said in October 1996 she helped establish the Clean Air Task Force II, which particularly addressed particulate matter air pollution (PM₁₀). Ms. Kenny went on to explain that the Clean Air Task Force II with cooperation from the construction industry in the past 3 years has significantly improved the PM₁₀ air quality in the Las Vegas Valley. Ms. Kenny continued her explanation of SB 432, saying:

Chairman Rhoads asked what percentage of heavy-duty equipment would be from out of state and unregulated. Michael Naylor, Director, Air Pollution Control Division, Health District, Clark County, said even though there is a fair amount of heavy-duty equipment purchased out of state the equipment would still be subject to inspection. Chairman Rhoads asked about the heavy-duty trucks that deliver goods to Clark County from out of state. Mr. Naylor said the trucks originating from out of state would not be subject to inspection.

Jeff van Ee, Concerned Citizen, stated his comments are as a private citizen and his comments are his own since he is a member of the Southern Nevada Strategic Planning Authority and has been the vice chairman of the Clean Air Task Force II. Mr. van Ee claimed the most pressing air-quality concerns in southern Nevada are the increasing urban haze and the unregulated on/off road diesel vehicles. Mr. van Ee said he does not know how many times people have told him how disgusted they are because they have to have their vehicles inspected and maintained and then drive behind a bus or other diesel vehicle that is emitting huge amounts of smoke. Mr. Van Ee went on to say that S.B. 432 would allow for regulation of on/off road diesel vehicles as well as focus attention on the increasing visible urban haze problem.

Chairman Rhoads asked Mr. van Ee if there are any state regulations regarding heavy equipment. Mr. van Ee said he would rather have Mr. Naylor answer that technical question in his testimony.

Senator Coffin told Mr. van Ee he was unclear if this bill would open the door for local government to have weaker pollution standards if they choose. Mr. van Ee said he thinks the current laws are not working, and this legislation would be the minimum required to move forward on air pollution controls. Senator Coffin commented that he had received numerous e-mails from environmental groups in support of this bill and he just wanted people to know the downsides of a bill like this.

Senator Jacobsen asked if they have any statistics to indicate who the main polluters are in this category of heavy machinery. Ms Kenny stated there have been studies, and 39.9 percent of the problem is coming from off-road heavy-duty diesel equipment while 15.6 percent come from on-road diesel vehicles. Chairman Rhoads asked if those are statewide figures. Ms. Kenny said those figures are only for Clark County.

Bruce Woodbury, Chairman, Board of Commissioners, Clark County, stated he is also a member of the Southern Nevada Strategic Planning Authority and has been involved in air-quality issues in Clark County since 1990 with his introduction of the first Clean Air Task Force. Mr. Woodbury stated S.B. 432 addresses important issues regarding reducing pollutants from on/off road diesel vehicles as well as providing local authorities to address the urban haze problem. Mr. Woodbury acknowledged that the construction industry has cooperated in implementing Clean Air Task Force II measures resulting in significant air pollution improvements. Mr. Woodbury suggested that supporting S.B. 432 would enhance local government in controlling growth and providing for public and private partnerships to address this type of problem. Mr. Woodbury added he would like an amendment to allow for a portion of the Air Pollution Control Fund to be dedicated to the Department of Motor Vehicles and Public Safety (DMV&PS) to help assist in implementing a comprehensive on-road smog check program for on-road diesel vehicles. Also, he would like a task force and advisory committee to assist in identifying future programs that will be needed to meet air-quality standards regarding particulate, carbon monoxide, ozone, regional haze and visibility.

Chairman Rhoads asked Mr. Woodbury if the Southern Nevada Strategic Planning Authority will sunset out. Mr. Woodbury replied that the Southern Nevada Strategic Planning Authority will sunset on June 30, 1999. Chairman Rhoads asked Mr. Woodbury if S.B. 432 is not processed if he would like to create a task force and advisory committee or both. Mr. Woodbury said he would rather have the bill, but as an alternative to S.B. 432 he would like a task force and advisory committee to address issues and bring back recommendations to the Legislature and local government.

Senator Jacobsen asked if they have considered changing the diesel fuel to diesel fuel No. 1, which is a cleaner burning fuel. Mr. van Ee stated the Southern Nevada Strategic Planning Authority considered that option and he hopes it will be implemented after public comment.

Michael Naylor, Director, Air Pollution Control Division, Health District, Clark County, gave his testimony from a prepared handout (Exhibit C) in support of S.B. 432. Mr. Naylor stated the EPA has classified the Las Vegas area as a serious non-attainment area for PM₁₀ along with only six other areas in the country. Mr. Naylor claimed the Air Pollution Control Division estimates that two-thirds of the PM₁₀ diesel emissions are from off-road diesel vehicles and the EPA does not regulate the off-road heavy-duty diesel machinery like on-road diesel vehicles. Mr. Naylor noted that the biggest public relations problem is the brown haze over the Las Vegas area and the diesel particles account for 48 percent of the haze. He pointed out that S.B. 432 would also require all on-road diesel vehicles operating inside the urban areas to be subject to an annual emissions inspection.

Chairman Rhoads asked Mr. Naylor if he knew how much the fiscal note would be on the local and state government. Mr. Naylor responded by saying there would be no state funding because the permit fees would pay for expenses.

Senator Coffin asked Mr. Naylor to explain the discrepancy in some of his graphs from his handout in regards to dust and diesel particulates. Mr. Naylor explained that 80 percent of PM₁₀ is dust-related, but make up only 40 percent of the visible haze where diesel particles make up only 10 percent of the PM₁₀ and 48 percent of the visible haze. Senator Coffin asked if the Clark County Health District would be the regulating agency for the off-road diesel vehicles, and Mr. Naylor said they would only have authority over the off-road diesel vehicles.

John Hadder, Citizen Alert, testified in support of S.B. 432 and thinks it would be a step in the right direction for improving air quality. Mr. Hadder suggested the population minimum be lowered so that Washoe County could be included in the standards set in S.B. 432.

Ray E. Bacon, Lobbyist, Nevada Manufacturers Association, stated this bill should probably be considered for statewide air-quality regulation. Mr. Bacon suggested that S.B. 511, dealing with the Tahoe Regional Planning Agency, addresses taking fund money to give to a non-attainment area for funding air-quality measures.

Elizabeth N. Fretwell, Lobbyist, Director, Intergovernmental Relations, City of Henderson, testified that there has been discussion for S.B. 511 to potentially be a funding mechanism to help achieve air-quality issues. Ms. Fretwell emphasized that S.B. 511 is only one of the ways to possibly fund these issues and it may not be the best.

Chairman Rhoads asked Ms. Fretwell if she thought they should have a task force study with an advisory board or should they pass S.B. 432. Ms. Fretwell noted that industry has indicated to her they would support and prefer an interim committee. Chairman Rhoads asked Ms. Fretwell if she could try and get S.B. 511 and S.B. 432 together with other interested parties and come back to the committee.

Daryl E. Capurro, Lobbyist, Nevada Motor Transport Association, stated they support the proposal for a study or interim group to look at this issue. Mr. Capurro noted a concern with section 2, line 15 of S.B. 432 adding more authority to the state while the county enforces the law. Mr. Capurro also noted they have a problem with section 5 of S.B. 432 and claimed it would actually eliminate the current emissions program. Mr. Capurro commented that there may not be ample scientific findings to warrant these proposed regulations and that even the EPA does not yet have these regulations.

Peter D. Krueger, Lobbyist, Nevada Petroleum Marketers and Convenience Store Association, said they support the idea of public and private entities working together to come up with a suitable program.

Chairman Rhoads asked what would happen if an area does not remedy a non-attainment designation. Mr. Krueger said highway funds could be withdrawn among other federal funding. Mr. Capurro stated we need to show some progress before the EPA has to come in and mandate restrictions.

Joseph L. Johnson, Lobbyist, Sierra Club, supports S.B. 432 and stated he would like to be included in any discussion groups regarding this issue.

Senator James asked Mr. Johnson if he thought S.B. 432 should apply statewide rather than just in Clark County. Mr. Johnson said he would prefer this bill to include all counties over 100,000 in population and commented that Washoe County is in non-attainment for PM₁₀.

Russel A. Roberts, Assistant Planning Manager Air Quality Team, Department of Comprehensive Planning, Clark County, stated they disagree with Mr. Capurro’s comment and believe the language in the bill does allow for the current emissions control program for heavy-duty diesel vehicles to be retained.

Chairman Rhoads closed the hearing on S.B. 432 and opened the hearing on S.B. 397.

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1, said he introduced S.B. 397 to create a way for the federal government, State of Nevada, local governments and private land owners to work together to protect sensitive areas. Senator Porter gave a slide presentation of petroglyphs in southern Nevada that are currently in danger because of encroaching development.

Dale A. R. Erquiaga, Director, Department of Museums, Library and Arts, testified that after discussion with the Division of State Lands, Office of Historic Preservation, City of Henderson and Senator Porter, a consensus was agreed that the Division of State Lands would be removed from the bill and have the language directed to the State preservation office. This would reflect the original intent of the bill. Also, this is what the state historic preservation does as well as setting down procedures to follow for state and local governments in regards to this issue. Mr. Erquiaga referred to the proposed amendment (Exhibit D) that would make the changes he has previously discussed as well as proposing to add language including Native American tribes as part of the cooperative agreement in the bill.

Chairman Rhoads asked how the Division of State Lands feels about being excluded from this bill. Ronald M. James, State Historic Preservation Officer, Office of Historic Preservation, Department of Museums, Library and Arts, clarified that he does not think he would be misrepresenting Pamela B. Wilcox, Administrator and State Land Registrar, State Land Use Planning Agency, Division of State Lands, State Department of Conservation and Natural Resources, by saying, "She would be delighted to be removed from this piece of legislation and feels that it is more appropriately handled with the approach taken here." Mr. James added that inserting "tribes" into paragraph 5 of section 2 would be added to the language to include the Native American tribes.

Brian Wallace, Chairman, Washoe Tribe of Nevada and California, stated they are glad to be included in this bill and he believes it is a step in the right direction to protect these sites.

Senator Jacobsen asked Mr. Wallace if he knows how many identifiable sites exist. Mr. Wallace said there are literally hundreds of sites throughout the state. Senator Jacobsen asked if there are any federal funds to help protect these sites. Mr. Wallace replied there are federal funds as well as federal authorities that provide technical support.

Chairman Rhoads closed the hearing on S.B. 397 and opened the work session on S.B. 82.

Daryl E. Capurro, Lobbyist, Nevada Motor Transport Association, outlined that his association with the Nevada Highway Patrol Division and the State Emergency Response Commission has combined S.B. 82 and S.B. 167 into a supportable form.

Mr. Capurro referred to a handout (Exhibit E.) from Fred Welden, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, outlining the proposed amendments to S.B. 167 that would almost rewrite S.B. 167.

James Rhode, Program Manager, Hazardous Material Section, Nevada Highway Patrol Division, Department of Motor Vehicles and Public Safety, stated the proposed amendments to S.B. 167 would give the Nevada Highway Patrol Division the authority to investigate and regulate radioactive waste transporters.

Senator Coffin asked if there should be another hearing on S.B. 167 because of the significant changes that have been made from the original draft. Chairman Rhoads said they would hear this bill again and send it to the Senate Committee on Finance.

Chairman Rhoads asked for a motion to indefinitely postpone S.B. 82.

Chairman Rhoads asked for a motion to amend and do pass and re-refer to the Senate Committee on Natural Resources S.B. 167.

Chairman Rhoads opened the work session on S.B. 291.

Mr. Welden referred to proposed amendments (Exhibit E) to S.B. 291 and commented that the parties directly involved in this issue are in support of this amendment.

Chairman Rhoads asked for a motion to amend and do pass S.B. 291.

Chairman Rhoads opened the work session on S.B. 310.

Mr. Welden referred to the subcommittee report and proposed amendment (Exhibit E) to S.B. 310 and commented that the lawsuit section has been removed.

Chairman Rhoads opened the work session on S.B. 330.

Senator Coffin asked if the public would be at risk regarding a problem with a disease spreading if there was a provision for confidentiality.

David S. Thain, D.V.M., Chief, Bureau of Animal Industry, Division of Agriculture, Department of Business and Industry, commented that S.B. 330 was proposed to ensure that the general public or veterinarians will report a disease and know it will remain confidential. Dr. Thain said only certain diseases with public health significance would be reported to the general public because of federal regulations, and this bill would promote more disease reporting.

Chairman Rhoads asked, "Why do we need this bill?"

Dr. Thain said international law requires states to have a reportable disease system in place and he thinks a reportable disease system would not work unless we have confidentiality. Dr. Thain also said that quality-assurance programs would only work if livestock producers were assured the findings would be held confidential.

Senator James asked if this bill would hinder the ability to track a disease that starts in livestock, spreads to people, and would not inhibit other health authorities in dealing with a disease. Dr. Thain said Senator James has a valid concern and this would actually help in learning about a disease earlier because people would be more likely to report if they know the report will be held confidential. Senator James indicated he is concerned with the wording in the bill and the definition of "confidential" in the bill.

Chairman Rhoads asked Dr. Thain to discuss the language in the bill with Senator James and then opened the work session on Senate Joint Resolution (S.J.R.) 3. Chairman Rhoads asked that written testimony from Frank J. Luchetti, Director of Environmental Services, Sierra Pacific Power Company in support of S.J.R. 3 (Exhibit F) be admitted to the record.

Mr. Welden stated that he has proposed an amendment (Exhibit E) to S.J.R. 3 with changes including stronger language that the committee and interested parties requested.

Ray E. Bacon, Lobbyist, Nevada Manufacturers Association, submitted a letter to Governor Kenny Guinn in support of S.J.R. 3 from an industrial council (Exhibit G).

Chairman Rhoads asked for a motion to amend and do pass S.J.R. 3 as amended.

Chairman Rhoads opened the work session on S.J.R. 12.

Mr. Welden referred to an amendment (Exhibit E) to S.J.R. 12 that changes page 2, line 14 from the "Nevada Association of Counties" to the "Division of Agriculture."

*****

With no further business before the committee, Chairman Rhoads adjourned the meeting at 4:20 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

DATE: