Senate Amendment to Senate Bill No. 363 (BDR 40-799)
Proposed by: Committee on Natural Resources
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 sec. 3, page 1, line 7, by deleting "
chief" and inserting "administrator".Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
"Sec. 3.5.
"Commission" means the state environmental commission.".Amend sec. 5, page 1, line 12, by deleting "
Is" and inserting:"
Except as otherwise provided in section 11.5 of this act, is".Amend sec. 5, page 1, line 14, by deleting "
proceeding by" and inserting:"
ongoing enforcement action of".Amend sec. 6, page 2, line 3, by deleting "
under" and inserting "pursuant to".Amend sec. 11, page 2, by deleting lines 16 and 17 and inserting:
"Sec. 11.
"Responsible party" means:1. A current or former owner or operator of a site or facility who caused or contributed to the release of a hazardous substance at the site or facility; and
2. A generator or transporter of a hazardous substance who caused or contributed to the release of the hazardous substance at a site or facility.".
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
"Sec. 11.5.
Real property located in this state that is listed on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations shall be deemed to be eligible property if:1. The property satisfies the elements of the definition of eligible property set forth in subsections 2 and 3 of section 5 of this act; and
2. The listing of the property on the National Priorities List is unrelated to the hazardous substance that a participant intends to remove from or remediate on the property pursuant to a remedial agreement submitted pursuant to section 13 of this act.".
Amend sec. 12, page 2, by deleting lines 22 through 34 and inserting:
"
(a) An environmental assessment of the property, including the source, nature and location of all hazardous substances known to, or reasonably believed by, the applicant to be located on the property;(b) A proposed general plan for removal or remediation on the property; and
(c) The application fee and any other information required pursuant to the regulations adopted by the commission pursuant to section 22.5 of this act.".
Amend sec. 12, pages 2 and 3, by deleting lines 40 through 43 on page 2 and lines 1 through 6 on page 3.
Amend sec. 12, page 3, line 7, by deleting "
4." and inserting "3.".Amend sec. 13, page 3, by deleting lines 18 and 19 and inserting:
"
(2) Specifies the substance to be removed from or remediated on the property, the actions to be taken and the standards to be met with respect to removal or remediation, and the uses for which the property will not be suitable after the removal or remediation is carried out; and".Amend sec. 13, page 3, by deleting lines 28 through 33 and inserting:
"
(2) Not cause, contribute to or worsen any release or threatened release of a hazardous substance on the property;(3) Adequately protect human health and the environment; and
(4) Comply with any applicable regulations adopted by the commission pursuant to section 22.5 of this act; and".
Amend sec. 14, page 4, by deleting line 12 and inserting:
"
substances, the participant".Amend sec. 14, page 4, line 21, by deleting "
under" and inserting "by".Amend sec. 14, page 4, line 27, by deleting "
supervising consultant’s" and inserting "participant’s".Amend sec. 15, page 4, line 35, by deleting "
under" and inserting "pursuant to".Amend sec. 15, pages 4 and 5, by deleting lines 39 through 42 on page 4 and lines 1 through 4 on page 5, and inserting:
"
remains effective despite a subsequent change in state or federal law.".Amend sec. 16, page 5, line 17, by deleting "
or".Amend sec. 16, page 5, line 19, by deleting "
activity." and inserting:"
activity; or6. With respect to a use of the property for which the property is no longer suitable after the removal or remediation has been carried out, as identified pursuant to subparagraph (2) of paragraph (a) of subsection 2 of section 13 of this act.".
Amend sec. 19, page 6, line 26, by deleting "
under" and inserting "pursuant to".Amend sec. 20, page 6, line 31, by deleting "
under" and inserting "pursuant to".Amend sec. 20, page 6, line 33, by deleting "
under" and inserting "pursuant to".Amend sec. 20, page 6, line 36, by deleting "
under" and inserting "pursuant to".Amend sec. 21, page 7, lines 5 and 6, by deleting "
a serious" and inserting:"
an imminent and substantial".Amend sec. 22, page 7, line 18, by deleting "
state environmental".Amend sec. 22, page 7, line 19, by deleting "
under" and inserting "pursuant to".Amend the bill as a whole by adding a new section designated sec. 22.5, following sec. 22, to read as follows:
"Sec. 22.5.
The commission shall adopt such regulations as the commission determines are necessary to carry out the provisions of sections 2 to 23, inclusive, of this act. Regulations adopted pursuant to this section:1. Must include, without limitation, provisions relating to the:
(a) Duties and functions of consultants who are certified, or exempt from the requirement of certification, as provided by NRS 459.500;
(b) Financial capability and responsibility required of a participant; and
(c) Required form and content of and any fee required to be submitted with an application, certificate or remedial agreement.
2. May include, without limitation, provisions relating to the issuance of a temporary, interim or partial certificate of completion or progress with respect to a remedial agreement.".
Amend sec. 23, page 7, line 20, by deleting:
"
use his best efforts" and inserting:"
make a good faith effort".Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:
"Sec. 23.5. NRS 459.530 is hereby amended to read as follows:
459.530 1. All proceeds from agreements entered into pursuant to NRS 459.505,
all application fees collected pursuant to section 12 of this act, all reimbursements and penalties recovered pursuant to NRS 459.537, and all fees collected, all civil penalties imposed and all interest accrued pursuant to NRS 459.400 to 459.600, inclusive, must be deposited with the state treasurer for credit to the account for the management of hazardous waste, which is hereby created in the state general fund. The money in the account must be paid as other claims against the state are paid.2. The state treasurer shall account separately for each of the fees collected pursuant to NRS 459.512.".
Amend sec. 25, page 8, line 37, by deleting "1 and" and inserting:
"1, 22.5 and".
Amend sec. 25, page 8, line 39, after "inclusive," by inserting "23.5".