The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:58 p.m., on Monday, March 29, 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:

Chairman Rhoads opened the work session on Senate Bill (S.B.) 343.

Fred Welden, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, referred to an amendment to S.B. 397 (Exhibit C) that would grant authority to the State of Nevada and local governments to enter into cooperative agreements with private, tribal, and federal entities to manage cultural resources.

Senator Carlton asked if this law would inhibit commercial or residential development if something of archaeological significance were to be found. Mr. Welden clarified that there are other Nevada Revised Statutes (NRS) that refer to the protection and preservation of archaeological sites and S.B. 397 would just allow the Division of State Lands to enter into a cooperative agreement with other entities for management of these cultural resources.

Chairman Rhoads commented that he thought the bill would not allow for Senator Carlton’s concerns of hindering development.

Chairman Rhoads asked the members of the committee to read the legal opinion on the State Water Plan that was prepared by the Legislative Counsel Bureau, before it is heard. Senator Coffin asked what the controversy was that a legal opinion was needed. Chairman Rhoads stated that there were concerns brought by interested parties if the State Water Plan were adopted.

Chairman Rhoads asked for action to be taken on S.B. 511.

Chairman Rhoads opened the hearing on S.B. 447.

Cheryl C. Blomstrom, Lobbyist, Nevada Chapter of Associated General Contractors, stated the intention of this bill is to bring common sense to the fines being assessed for dust problems, but that the bill has been drafted too broadly. Ms. Blomstrom asked the committee if the Nevada Chapter of Associated General Contractors and the state air-quality control entities could work together and construct a measure that would meet everyone’s needs.

Chairman Rhoads asked Ms. Blomstrom what part of the bill she thought went too far. Ms. Blomstrom replied that the phrase "owner operator of an operating permit" is too encompassing.

Brian Jennison, Director, Air Quality, Washoe County District Health Department, stated that their concern with S.B. 447 is under section 1, subsection 2, and needs added language that will be more specific. Mr. Jennison suggested that the following language be used at the beginning of section 1, subsection 2, "If an owner or operator of a source who holds an operating permit for dust control at a construction site, . . ." to relieve the broad language.

Senator Coffin asked if there are any new compounds for contractors to use that will control dust better than water. Mr. Jennison replied that there are other compounds like magnesium chloride that can be used, but they are temporary and cannot be disturbed.

Senator Jacobsen commented that he thought there was a lawsuit in regards to dust. Ms. Blomstrom replied that there was a lawsuit involving Helms Construction.

Jolaine Johnson, Chief, Bureau of Air Quality, Division of Environmental Protection, State Department of Conservation and Natural Resources, stated they are opposed to the bill, as written, because of the already addressed ambiguous language. Ms. Johnson asserted that this language would cause enforcement problems as well as possible litigation problems, and she would like to be involved in the discussion to reconstruct the language with Mr. Jennison and Ms. Blomstrom.

Senator Jacobsen asked Ms. Johnson if the Bureau of Air Quality gets many calls in regards to dust problems. Ms. Johnson replied that they do get calls that are mainly caused by agriculture, which is exempt from these permits.

Joseph L. Johnson, Lobbyist, Sierra Club, stated they have concern with this bill, as written, because of the ambiguous language.

Irene E. Porter, Lobbyist, Southern Nevada Home Builders Association, said they support S.B. 447, and considerable improvement has been made in southern Nevada.

Chairman Rhoads suggested that all of the interested parties get together to come to an agreement on an amendment, and asked for a letter from Clark County in opposition to S.B. 447 (Exhibit D) to be included in the record.

Chairman Rhoads closed the hearing on S.B. 447, and adjourned the meeting at 2:24 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

DATE: