Assembly Amendment to Assembly Bill No. 490 (BDR 48-1357)
Proposed by: Committee on Natural Resources, Agriculture, and Mining
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, by deleting lines 3 and 4, and inserting:
"section if the channel is cleared, maintained or restored pursuant to
:(a) Except as otherwise provided in subsection 5,
a permit".Amend section 1, page 2, by deleting lines 8 through 22 and inserting:
"5.
Subject to the limitations contained in subsection 6, an incorporated city, county or political subdivision, and its employees and agents, may conduct clearance, maintenance, restoration, surveying and monumenting without obtaining a grant, without obtaining a permit issued by the division of state lands or the division of environmental protection of the state department of conservation and natural resources and without paying application or permit fees for such permits if:(a) The governmental entity applies for the applicable permits from the division of state lands and from the division of environmental protection of the state department of conservation and natural resources;
(b) The governmental entity obtains all other permits and approvals as are required by law;
(c) The governmental entity applies for a grant pursuant to subsection 3; and
(d) The grant is denied for lack of money in the account after:
(1) The state engineer requests an allocation from the contingency fund pursuant to subsection 4 of NRS 532.230; and
(2) An allocation from the contingency fund is not made within 90 days after the request is made.
The immunity provided in subsection 4 applies to any action taken without a permit by a state governmental entity in accordance with this subsection. The division of state lands and the division of environmental protection of the state department of conservation and natural resources shall refund the application or permit fees, if any, paid by a governmental entity to apply for permits relating to work performed pursuant to this subsection if the grant is denied for lack of money and the state permits are not issued for that reason.
6. If a permit is issued by the division of state lands or by the division of environmental protection of the state department of conservation and natural resources to a governmental entity who performs work pursuant to subsection 5, the work performed by or on behalf of the governmental entity pursuant to subsection 5 must be performed in accordance with the permit or permits. If no such permit is issued, the work must be:
(a) Limited to the work for which the grant and permits were requested; and
(b) Conducted in accordance with accepted best management practices.
7. As used in this section, "navigable river" means a river or stream".
Amend sec. 2, pages 2 and 3, by deleting line 42 on page 2 and lines 1 through 4 on page 3, and inserting:
"
and its employees and agents, may conduct the work for which the grant was requested pursuant to subsection 3 of NRS 532.220.".Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. NRS 445A.465 is hereby amended to read as follows:
as otherwise provided in NRS 532.230 or except as authorized by a permit issued by the department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and regulations adopted by the commission, it is unlawful for any person to:(a) Discharge from any point source any pollutant into any waters of the state or any treatment works.
(b) Inject fluids through a well into any waters of the state.
(c) Discharge from a point source a pollutant or inject fluids through a well that could be carried into the waters of the state by any means.
(d) Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the state by any means.
2. The commission shall adopt regulations which provide a simplified procedure for approval by the department of permits that are required by subsection 1 for work related to clearing and maintaining the channel of a navigable river, including, without limitation, dredging or filling, bank stabilization or restoration, channel clearance, construction of irrigation diversions or the clearance of vegetation, debris or temporary obstructions. The regulations must include a limitation on the time allowed for the processing of an application for such a permit to not more than 60 days after receipt by the department of a completed application and any required fees, unless the administrator determines that it is in the public interest to hold a public hearing regarding the application and promptly notifies the applicant of that determination.".
Amend the title of the bill to read as follows:
"AN ACT relating to navigable rivers; authorizing under certain circumstances a governmental entity, its employees and agents to conduct channel clearance of rivers without certain permits; expanding the related provision regarding immunity; and providing other matters properly relating thereto.".