Amendment No. 376

Assembly Amendment to Assembly Bill No. 536 (BDR 40-781)

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 the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:

"Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. "Process" means:

1. Any activity that involves a substance listed in NRS 459.3816 or in a regulation of the division adopted pursuant to NRS 459.3833, and includes, without limitation, the use, storage, manufacture, handling or on-site movement of the substance, or any combination thereof.

2. A group of vessels that are used in connection with such an activity, including vessels that are:

(a) Interconnected; or

(b) Separate, but located in such a manner which makes possible the release of a substance.

Sec. 3. "Vessel" means a reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose or other container.

Sec. 4. 1. No owner or operator of a regulated facility may commence construction or operation of any new process subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, and sections 2, 3 and 4 of this act, unless he first obtains all appropriate permits from the division to construct the new process or commence operation of the new process, or both. Before issuing any such permits, the division shall consult with the division of industrial relations of the department of business and industry.

2. An application for such a permit must be submitted on a form prescribed by the division.

3. The division may require the applicant to comply with requirements that it establishes by regulation before issuing any permits for construction and operation of the process.

4. The division may charge and collect a fee for the issuance of such a permit. All fees collected pursuant to this section and any interest earned thereon must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents created pursuant to NRS 459.3824.".

Amend the bill as a whole by renumbering sections 2 through 9 as sections 5 through 12.

Amend sec. 2, page 2, lines 6 and 7, by deleting "section 1" and inserting:

"sections 2, 3 and 4".

Amend sec. 2, page 2, line 8, after "inclusive," by inserting:

"and sections 2 and 3 of this act".

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 2, to read as follows:

"Sec. 5.5. NRS 459.3824 is hereby amended to read as follows:

459.3824 1. The owner of a regulated facility shall pay to the division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the state environmental commission and any additional fee imposed by the commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.

2. The state environmental commission may impose an additional fee upon the owner of a regulated facility in an amount determined by the commission to be necessary to enable the division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive [.] , and sections 2, 3 and 4 of this act. The additional fee must be based on a graduated schedule adopted by the commission which takes into consideration the quantity of hazardous substances located at each facility.

3. After the payment of the initial annual fee, the division shall send the owner of a regulated facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.

4. The owner of a regulated facility shall submit, with any payment required by this section, the number assigned by the department of taxation, for the imposition and collection of taxes pursuant to chapter 364A of NRS, to the business for which the payment is made.

5. All fees collected pursuant to this section and penalties collected pursuant to NRS 459.3833, 459.3834 and 459.3874, and any interest earned thereon , must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents, which is hereby created as a special revenue fund.".

Amend sec. 3, page 2, line 12, by deleting "1" and inserting "4".

Amend sec. 3, page 2, line 19, by deleting "1" and inserting "4".

Amend sec. 4, page 3, between lines 32 and 33, by inserting:

"The civil administrative penalty prescribed in category L may be assessed against a contractor who is constructing the regulated facility only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the regulated facility and the contractor knows or has reason to know the planned use of the regulated facility.".

Amend sec. 4, page 4, line 4, by deleting "1" and inserting "4".

Amend sec. 5, page 4, line 14, by deleting:

"6 and 7" and inserting:

"9 and 10".

Amend sec. 6, page 4, by deleting lines 15 through 20 and inserting:

"Sec. 9. 1. No owner or operator of a place of employment may commence the construction of, substantially alter the construction of, or modify any major process used to protect the lives, safety and health of employees at a place of employment where an explosive is manufactured, or used, processed, handled, transported or stored in relation to its manufacture, unless he first obtains a permit therefor from the division. Before issuing any permit, the division shall consult with the division of environmental protection of the state department of conservation and natural resources.".

Amend sec. 6, page 4, by deleting lines 30 through 33 and inserting:

"6. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.".

Amend sec. 6, page 4, line 34, by deleting "As" and inserting:

"Except as otherwise provided in subsection 8, as".

Amend sec. 6, page 4, after line 42, by inserting:

"8. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of "destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.".

Amend sec. 7, page 5, line 1, by deleting "6" and inserting "9".

Amend the title of the bill to read as follows:

"AN ACT relating to public safety; requiring permits to construct or operate new processes which include any activity involving highly hazardous substances at any regulated facility where those substances are located; requiring a permit to construct, alter the construction of or modify certain processes at a place of employment where certain explosives are located; providing that certain monetary penalties must be deposited in the fund for precaution against chemical accidents; providing penalties; and providing other matters properly relating thereto.".