Assembly Bill No. 427–Assemblywoman Gibbons (by request)

March 8, 1999

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Referred to Committee on Natural Resources,
Agriculture and Mining

 

SUMMARY—Revises provisions regarding control of emissions from vehicles. (BDR 40-1175)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to air pollution; revising the authority of certain state agencies to enact regulations regarding the licensure of certain persons who inspect vehicles; requiring each hearing officer of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety to be a graduate of an accredited law school if he conducts a hearing concerning certain licenses and administrative fines relating to the control of emissions from vehicles; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 445B.775 is hereby amended to read as follows:

1-2 445B.775 The regulations adopted pursuant to NRS 445B.770 must

1-3 [establish] :

1-4 1. Establish requirements by which the department of motor vehicles

1-5 and public safety may license:

1-6 [1.] (a) Authorized inspection stations, including criteria by which any

1-7 person may become qualified to inspect devices for the control of

1-8 emissions for motor vehicles.

1-9 [2.] (b) Authorized maintenance stations, including criteria by which

1-10 any person may become qualified to install, repair and adjust devices for

1-11 the control of emissions for motor vehicles.

1-12 [3.] (c) Authorized stations, including criteria by which any person may

1-13 become qualified to inspect, repair, adjust and install devices for the

1-14 control of emissions for motor vehicles.

2-1 2. Allow an authorized inspection station that is rated by the

2-2 department to inspect gasoline-powered motor vehicles to perform

2-3 installations, repairs and adjustments on any gasoline-powered motor

2-4 vehicle other than a motor vehicle that, upon inspection, failed to pass

2-5 the inspection.

2-6 Sec. 2. NRS 445B.785 is hereby amended to read as follows:

2-7 445B.785 1. The department of motor vehicles and public safety

2-8 shall adopt regulations which:

2-9 (a) Prescribe requirements for licensing authorized inspection stations,

2-10 authorized maintenance stations, authorized stations and fleet stations.

2-11 (b) Prescribe the manner in which authorized inspection stations,

2-12 authorized stations and fleet stations inspect motor vehicles and issue

2-13 evidence of compliance.

2-14 (c) Prescribe the diagnostic equipment necessary to perform the

2-15 required inspection. The regulations must ensure that the equipment

2-16 complies with any applicable standards of the United States Environmental

2-17 Protection Agency.

2-18 (d) Provide for any fee, bond or insurance which is necessary to carry

2-19 out the provisions of NRS 445B.700 to 445B.815, inclusive.

2-20 (e) Provide for the issuance of a pamphlet for distribution to owners of

2-21 motor vehicles. The pamphlet must contain information explaining the

2-22 reasons for and the methods of the inspections.

2-23 2. The regulations adopted pursuant to subsection 1 must allow an

2-24 authorized inspection station that is rated by the department to inspect

2-25 gasoline-powered motor vehicles to perform installations, repairs and

2-26 adjustments on any gasoline-powered motor vehicle other than a motor

2-27 vehicle that, upon inspection, failed to pass the inspection.

2-28 3. The department of motor vehicles and public safety shall issue a

2-29 copy of the regulations to each authorized inspection station, authorized

2-30 maintenance station, authorized station and fleet station.

2-31 Sec. 3. NRS 481.0481 is hereby amended to read as follows:

2-32 481.0481 1. There is hereby created, within the registration division

2-33 of the department, a section for the control of emissions from vehicles.

2-34 2. The director shall appoint, within the limits of legislative

2-35 appropriations, investigators, officers and technicians for the control of

2-36 emissions from vehicles.

2-37 3. The duties of the investigators, officers and technicians are to travel

2-38 the state and:

2-39 (a) Act as agents and inspectors in the enforcement of the provisions of

2-40 NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS and NRS

2-41 484.644 and 484.6441.

3-1 (b) Cooperate with the division of environmental protection of the state

3-2 department of conservation and natural resources in all matters [pertaining]

3-3 relating to the control of emissions from vehicles.

3-4 (c) Perform such other duties as may be imposed by the director.

3-5 4. Each hearing officer of the section for the control of emissions

3-6 from vehicles who conducts a hearing concerning:

3-7 (a) The issuance, denial, suspension or revocation of a license of an

3-8 approved inspector, authorized inspection station, authorized

3-9 maintenance station, authorized station or fleet station pursuant to NRS

3-10 445B.700 to 445B.845, inclusive; or

3-11 (b) The imposition of an administrative fine pursuant to NRS

3-12 445B.835,

3-13 must be a graduate of an accredited law school.

3-14 Sec. 4. To the extent that the provisions of any regulation adopted by

3-15 the state environmental commission and the department of motor vehicles

3-16 and public safety, including, without limitation, the provisions codified as

3-17 subsection 4 of NAC 445B.460, conflict with the amendatory provisions of

3-18 this act, the regulatory provisions are void.

3-19 Sec. 5. This act becomes effective upon passage and approval.

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