Amendment No. 375

Assembly Amendment to Assembly Bill No. 603 (BDR 22-776)

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 section 1, page 1, by deleting lines 3 and 4 and inserting:

"1. No person may commence operation in this state of a facility where an explosive, or a substance listed in NRS 459.3816, the regulations adopted pursuant thereto or the regulations adopted pursuant to NRS 459.3833, will be used, manufactured,".

Amend section 1, page 1, line 7, after "is" by inserting "to be".

Amend section 1, page 1, line 14, by deleting "10" and inserting "30".

Amend section 1, page 2, by deleting line 22 and inserting:

"and a description of all explosives, and all substances described in subsection 1, that".

Amend section 1, page 2, by deleting lines 25 through 27 and inserting:

"(a) Consult with:

(1) Local emergency planning committees;

(2) The administrator of the division of environmental protection of the state department of conservation and natural resources;

(3) The state fire marshal;

(4) The administrator of the division of industrial relations of the department of business and industry; and

(5) The governing body of any other city or county that may be affected by the operation of the facility; and".

Amend section 1, page 2, line 30, by deleting "30 days" and inserting:

"a reasonable time".

Amend section 1, page 3, by deleting lines 1 and 2 and inserting:

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

8. Except as otherwise provided in subsection 9, as used in this section, "explosive" means gunpowders, powders used for blasting, all".

Amend section 1, page 3, by deleting lines 11 and 12 and inserting:

"9. 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 the title of the bill by deleting the first through fourth lines and inserting:

"AN ACT relating to land use; requiring a person who wishes to commence operation of a facility where explosives or certain substances will be used, manufactured, processed, transferred or stored to obtain a conditional use permit from the governing body of the city or county in which the facility is to be located; providing exceptions; establishing the".

Amend the summary of the bill, first line, by deleting "for" and inserting "to commence".