Amendment No. 297

Assembly Amendment to Assembly Bill No. 535 (BDR 40-779)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 1, line 12, after "oil." by inserting:

"The term does not include any ammunition, powder, percussion caps, fuses, quills, matches, primers or explosive materials specified in 18 U.S.C. § 845(a)(4)-(6).".

Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:

"Sec. 4. NRS 459.380 is hereby amended to read as follows:

459.380 The legislature hereby declares that the purposes of NRS 459.380 to 459.3874, inclusive, are to:

1. Protect the health, safety and general welfare of the residents of this state from the effects of the improper handling of hazardous chemicals or explosives at the point where [they] :

(a) The chemicals are produced, used or stored in this state; or

(b) The explosives are manufactured for sale in this state;

2. Ensure that the employees of this state who are required to work with hazardous chemicals or explosives are guaranteed a safe and healthful working environment;

3. Protect the natural resources of this state by preventing and mitigating accidental or unexpected releases of hazardous chemicals into the environment; and

4. Ensure the safe and adequate handling of [hazardous] :

(a) Hazardous chemicals that are produced, used, stored or handled in this state [.] ; and

(b) Explosives that are manufactured for sale in this state.".

Amend the bill as a whole by renumbering sec. 5 as sec. 7 and inserting a new section designated sec. 6, following sec. 4, to read as follows:

"Sec. 6. NRS 459.3808 is hereby amended to read as follows:

459.3808 "Hazard" means a characteristic of a:

1. Highly hazardous substance designated as such in NRS 459.3816 or any regulations adopted pursuant thereto;

2. System involving the use of such a highly hazardous substance;

3. Manufacturing plant using or producing a highly hazardous substance;

4. Regulated facility that manufactures explosives for sale; or

[4.] 5. Process relating to a highly hazardous substance,

which makes possible a chemical accident [.] or explosion.".

Amend sec. 5, page 2, line 23, by deleting:

"produced and stored." and inserting:

"manufactured for sale.".

Amend the bill as a whole by renumbering sections 6 and 7 as sections 9 and 10 and adding a new section designated sec. 8, following sec. 5, to read as follows:

"Sec. 8. NRS 459.3812 is hereby amended to read as follows:

459.3812 "Risk" means a risk posed by [a] :

1. A highly hazardous substance that is produced, used, stored or handled at a regulated facility [.] ; or

2. An explosive that is manufactured for sale at a regulated facility.".

Amend sec. 6, page 2, by deleting line 41 and inserting:

"(b) Manufactures explosives for sale.".

Amend sec. 6, page 3, line 7, by deleting "8" and inserting "[8] 3".

Amend sec. 7, page 3, by deleting line 40 and inserting:

"precaution against chemical accidents, which is hereby".

Amend the bill as a whole by renumbering sections 8 through 10 as sections 12 through 14 and

adding a new section designated sec. 11, following sec. 7, to read as follows:

"Sec. 11. NRS 459.3826 is hereby amended to read as follows:

459.3826 1. Each owner or operator of a new regulated facility shall, within 10 days after the opening of the facility, tender the base fee and any additional fee imposed by the state environmental commission of the state department of conservation and natural resources pursuant to NRS 459.3824 for the first fiscal year with the form for registration of the facility.

2. Each owner or operator of a regulated facility registering a new highly hazardous substance or explosive at the facility shall tender the fee computed from the inventory of the highly hazardous substance or explosive when he registers the substance [.] or explosive.".

Amend sec. 8, page 4, by deleting line 7 and inserting:

"(b) Manufactures any explosive for sale.".

Amend sec. 8, page 4, line 16, by deleting:

"produced and stored" and inserting:

"manufactured for sale".

Amend sec. 8, page 4, line 17, by deleting:

"produces and stores explosives;" and inserting:

"manufactures explosives for sale;".

Amend sec. 8, page 4, lines 35 and 36, by deleting:

"within 90 days:

(a) After" and inserting:

":

(a) Not later than 90 days after".

Amend sec. 8, page 4, line 39, by deleting "(b) Before" and inserting:

"(b) Not later than 90 days after an explosive is added to the list of explosives that are manufactured for sale at the facility, if the facility manufactures explosives for sale;

(c) At least 90 days before".

Amend sec. 8, page 4, line 42, by deleting "(c) Before" and inserting:

"(d) At least 90 days before".

Amend sec. 8, page 4, by deleting line 43 and inserting:

"facility manufactures explosives for sale.".

Amend the bill as a whole by renumbering sections 11 through 14 as sections 18 through 21 and adding new sections designated sections 15 through 17, following sec. 10, to read as follows:

"Sec. 15. NRS 459.3848 is hereby amended to read as follows:

459.3848 The findings of the person who conducted the assessment must include, without limitation:

1. The identity and quality of all highly hazardous substances produced, used, stored, handled, or that could unwittingly be produced in the event of a breakdown of equipment, human error, defect in design or procedural failure, or the imposition of an external force;

2. The identity and quantity of all explosives that are manufactured for sale at the regulated facility;

3. The nature, age and condition of all of the equipment and instruments [involved in the handling and management of] used to handle and manage a highly hazardous substance or explosive at the regulated facility, and the schedules for [their] the testing and maintenance [;

3.] of the equipment and instruments;

4. The measures and precautions designed to protect against the intrusions of internal or external forces and events [,] or to control or contain discharges within the regulated facility;

[4.] 5. Any training or managerial practices in place which impart knowledge to appropriate personnel regarding the dangers posed by a release of a highly hazardous substance or a discharge of an explosive and the training provided to prepare [them] those personnel for the safe operation of the facility and for unanticipated occurrences;

[5.] 6. Any other preventive maintenance, capability to respond at the regulated facility to an emergency [,] or other internal mechanism developed to safeguard against the occurrence of an accidental release of a highly hazardous substance or accidental discharge of an explosive or any other aspect or component of the facility deemed relevant by the division;

[6.] 7. The practices, procedures and equipment designed to forestall a hazard at the [covered] regulated facility; and

[7.] 8. Any other information which is relevant to carry out the purposes of the report.

Sec. 16. NRS 459.385 is hereby amended to read as follows:

459.385 The conclusions of the person who conducted the assessment must include, without limitation:

1. The nature and magnitude of any hazard at the regulated facility;

2. The likelihood of a chemical accident resulting from the hazard at the regulated facility;

3. The circumstances that would result in a discharge of a highly hazardous substance or explosive at the regulated facility;

4. The effectiveness of the systems and procedures for safety at the regulated facility and for the control of any hazards; and

5. Any other information which is relevant for the purposes of the report.

Sec. 17. NRS 459.3852 is hereby amended to read as follows:

459.3852 The recommendations of the person who conducted the assessment must include, without limitation, the following information if applicable to the facility:

1. Alternative processes, procedures or equipment which [might] may reduce the risk of a release of a highly hazardous substance or a discharge of an explosive at the regulated facility while yielding the same or commensurate results;

2. The [need] requirement for :

(a) A change in a process;

[3. The need for a]

(b) A chemical substitution or change;

[4. The need for]

(c) Any additional safety equipment;

[5. The need for a mitigation system;

6. The need for]

(d) A mitigation system;

(e) Any additional preventive maintenance or responses at the regulated facility to emergencies, to safeguard against a hazard;

[7. The need for] and

(f) Any additional planning near the regulated facility to meet emergencies;

[8.] 3. A detailed plan to abate hazards suitable for adoption as an accident reduction plan to reduce accidents; and

[9.] 4. Any other information which is relevant for the purposes of the report.".

Amend sec. 12, page 7, line 6, by deleting "annual fee:" and inserting:

"[annual fee:] the fee required pursuant to NRS 459.3824:".

Amend the title of the bill to read as follows:

"AN ACT relating to public safety; providing for the registration and regulation of facilities that manufacture explosives for sale by the division of environmental protection of the state department of conservation and natural resources; requiring an assessment of risks through analysis of hazards to be conducted at a regulated facility where highly hazardous substances are located or explosives are manufactured for sale if such a substance or explosive is newly introduced into the facility; abolishing the requirement that the division establish a schedule for those assessments; providing penalties; and providing other matters properly relating thereto.".