The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:42 p.m., on Friday, April 9, 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 Maggie Carlton

COMMITTEE MEMBERS ABSENT:

Senator Bob Coffin (Excused)

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Chairman Rhoads opened the hearing on Senate Bill (S.B.) 167, and asked for a motion to rescind previous action and a motion to amend and do pass as amended with the proposed amendment (Exhibit C).

Chairman Rhoads opened the work session on S.B. 331.

Chairman Rhoads asked Fred Welden, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, to address the fiscal note attached to this bill. Mr. Welden stated that if S.B. 331 were adopted it would result in a reduction of approximately $850,000 per year to the air-quality control account, which is budgeted to the Tahoe Regional Planning Agency (TRPA) and to Clark and Washoe counties for air-quality programs.

Chairman Rhoads asked if there are states that do exempt newer vehicles from emission control inspections. Mr. Welden referred to a memorandum and statistics from the committee amendment worksheet (Exhibit C) addressing this issue and information on other western states exempting new vehicles from an emission inspection and maintenance program. Chairman Rhoads stated that S.B. 331 would have to be re-referred to the Senate Committee on Finance.

Senator Jacobsen asked how this bill would affect the emissions inspection businesses.

Lou Gardella, Jiffy Smog, stated S.B. 331 would have a severe effect on small businesses and would cut his inspections by 25 percent.

Michael Naylor, Director, Air Pollution Control Division, Clark County Health District, stated, "On that fiscal note from DMV [Department of Motor Vehicles and Public Safety] I don’t [do not] think they’re [they are] giving you the whole picture. A lot of that money goes to pay their direct enforcement staff." Mr. Naylor added that the bulk of the money from the smog check program goes to pay these employees and run the program. Mr. Naylor pointed out that if cars are exempt until they are 5 years old most of them will be out of their warranty and will not be favorable for consumer protection.

Senator James pointed out that this law is for air pollution and not about small business. Senator James asked Mr. Naylor what percentage of these new cars fails the emission inspection. Mr. Naylor stated that only approximately 2 percent of the newer model year cars fail, but added the emission tests are too lenient right now.

Mr. Gardella referred to a collection of 88 failed smog certificates (Exhibit D. Original is on file in the Research Library.) that are from newer vehicles and are classified as gross polluters.

Senator Jacobsen asked Mr. Gardella what makes up an emission inspection. Mr. Gardella explained that the inspection includes a visual inspection as well as a hydrocarbon and carbon monoxide test and can take up to 20 minutes to conduct.

Jim Parsons, Program Manager, Motor Vehicles, Department of Motor Vehicles and Public Safety, recited statistics regarding newer vehicle failure rates regarding emission inspections on 1995 vehicles being only .67 percent.

Chairman Rhoads closed the work session on S.B. 331, and opened the work session on S.B. 447.

Cheryl C. Blomstrom, Lobbyist, Nevada Chapter of Associated General Contractors, brought a proposed amendment (Exhibit E) that would amend section 1, subsection 2 of the bill.

Chairman Rhoads asked, currently, if a construction company received a violation would they have to stop work on that site immediately, or could they get a waiver from the county to resume the work. Steve G. Halloway, Lobbyist, Executive Vice President, Associated General Contractors, Las Vegas Chapter, stated the construction company would be cited and could continue to work unless it was a continuing problem.

Chairman Rhoads inquired what this bill would do. Mr. Halloway listed three cases that a construction company was cited for dust conditions that were out of their control due to uncontrollable weather conditions. Chairman Rhoads asked if the proposed amendment, if passed, would waive the citations for the examples Mr. Halloway outlined. Mr. Halloway stated that the construction companies would not have been cited.

Chairman Rhoads asked that a letter from W.E.S. Construction Company Inc., supporting S.B. 447 (Exhibit F), be included in the record.

Michael Naylor, Director, Air Pollution Control Division, Clark County Health District, expressed he opposes this bill even with the amendment because he thinks the current rules are working. Mr. Naylor noted they do not expect perfection, but during high winds construction companies are expected to not operate their heavy equipment because they have signed an agreement to this effect. Mr. Naylor clarified that the current practices of the Air Pollution Control Division is what the bill is asking for.

Chairman Rhoads asked Mr. Naylor if they make the construction company stop work if they are cited. Mr. Naylor emphasized that the construction companies have agreed to stop work on their permit in case of high winds, and he cannot issue a stop order.

Chairman Rhoads stated, "So actually what you’re [you are] saying is it’s [it is] on the books almost like this right now." Mr. Naylor replied, "That is our current practice."

Senator Jacobsen asked who makes the decision to write a citation on the job site. Mr. Naylor replied that the project manager and the superintendent are supposed to stop work if the dust cannot be controlled.

Senator Carlton asked Mr. Naylor what he considers a high wind. Mr. Naylor answered gusts over 40 miles per hour (mph). Senator Carlton asked how many days out of the year this happens. Mr. Naylor claimed that only around 15 days per year in Clark County.

Senator James disclosed that his law firm has tried many of these cases, but does not have any of them pending now. Senator James asked Mr. Naylor if there is an act-of-God exception in regulation. Mr. Naylor stated that it is not phrased that way, but does specify the number of water trucks needed for a job site as well as reasonable precautions. Senator James commented that he does not know what this argument is over because if you can show that a dust incident is out of your control then there is no problem.

Irene E. Porter, Lobbyist, Southern Nevada Home Builders Association, remarked that in dealing with people their decisions can be subjective and she believes this bill and proposed amendment will give guidelines. Ms. Porter added that they are in support of S.B. 447 and the proposed amendment.

Senator James pointed out that if a contractor complies with all the terms of the operating permit, that would incorporate the reasonable precautions standard into this statute. Senator James stated that he does not see a problem with this bill and he believes it should be passed because it just codifies existing law.

Senator Jacobsen asked Ms. Blomstrom what happened with an incident with Helms Construction in Washoe County. Ms. Blomstrom commented that the court found Helms Construction negligent in the civil case.

Senator James commented that his refraining from voting is due to his involvement is such cases with his law firm.

Chairman Rhoads opened the work session on S.B. 510.

Senator James stated that an agreement has been met between all concerned parties; and the enforcement officers may distribute educational information and give verbal advisories or warning citations. Senator James asserted that this would take away the vagueness of whether these regulations could be enforced, which would place a fiscal impact on local governments to enforce these regulations. Senator James added that if S.B. 510 were passed it would allow for the interim TRPA oversight committee of the Legislature to further study the possible need of enforcement in the future.

Senator Carlton asked for further explanation from Senator James on whether law enforcement officials would be enforcing the TRPA ordinances. Senator James stated that was the intent of the original bill, but the amended version gives law enforcement an option to issue a verbal advisory.

Senator Jacobsen inquired of Senator James if this is something with which law enforcement could live. Senator James stated they were concerned with the original version mandating these ordinances be enforced, and they are happy with the amended version.

Chairman Rhoads opened the work session on Senate Joint Resolution (S.J.R.) 14. Senator Rhoads stated that he had met with U.S. Senator Reid and he said that himself and other U.S. Senators have signed a letter suggesting the President does not sign the Kyoto Global Warming Treaty until further scientific studies are made.

Chairman Rhoads adjourned the meeting at 2:25 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

DATE: