Amendment No. 1176

Senate Amendment to Senate Bill No. 432 First Reprint (BDR S-54)

Proposed by: Senator Porter

Amendment Box: Conflicts with Amendment No. 1097. Replaces Amendment Nos. 1145 and 1173.

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 12 and 13 and inserting:

"Section 1. 1. The Legislative Commission shall appoint a subcommittee consisting of three Senators and three Assemblymen to conduct an interim study concerning the programs for air quality control in Clark County.

2. In addition to the legislators, the Legislative Commission shall appoint an advisory committee to assist the subcommittee consisting of:".

Amend section 1, page 1, line 20, after "(d)" by inserting:

"One member appointed by the Board of County Commissioners of Clark County to represent the Nevada Contractors Association;

(e)".

Amend section 1, page 2, line 1, by deleting "(e)" and inserting "(f)".

Amend section 1, page 2, line 3, by deleting "(f)" and inserting "(g)".

Amend section 1, page 2, line 4, by deleting "(g)" and inserting "(h)".

Amend section 1, page 2, line 5, by deleting "(h)" and inserting "(i)".

Amend section 1, page 2, line 7, by deleting "(i)" and inserting "(j)".

Amend section 1, page 2, line 9, by deleting "(j)" and inserting "(k)".

Amend section 1, page 2, by deleting line 10 and inserting:

"(l) One member appointed by the Southern Nevada Home Builders Association;".

Amend section 1, page 2, line 11, by deleting "(l)" and inserting "(m)".

Amend section 1, page 2, line 13, by deleting "(m)" and inserting "(n)".

Amend section 1, page 2, line 15, by deleting "(n)" and inserting "(o)".

Amend section 1, page 2, by deleting lines 18 through 20 and inserting:

"3. The subcommittee of the Legislative Commission shall:".

Amend section 1, page 2, by deleting lines 27 through 29.

Amend sec. 2, page 3, by deleting lines 17 and 18 and inserting:

"report of the study to the subcommittee of the Legislative Commission."

Amend sec. 2, page 3, line 19, by deleting "Committee" and inserting "subcommittee".

Amend sec. 2, page 3, by deleting lines 20 through 23 and inserting:

"report submitted pursuant to subsection 3. Any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Assembly appointed to the subcommittee and a majority of the members of the Senate appointed to the subcommittee. The Legislative Commission shall submit its findings and recommendations for legislation to the 71st session of the Nevada Legislature.".

Amend the bill as a whole by renumbering sections 3 and 4 as sections 4 and 5 and adding a new section designated sec. 3, following sec. 2, to read as follows:

"Sec. 3. 1. In consultation with the State Environmental Commission and local air pollution control agencies, the Department of Motor Vehicles and Public Safety shall ensure the expedient implementation of an improved program to determine whether a motor vehicle that uses diesel fuel complies with controls over emissions.

2. As soon as the equipment that is necessary becomes available, the Department of Motor Vehicles and Public Safety shall begin conducting roadside tests of the emissions from motor vehicles that are operated on highways in a county whose population is 400,000 or more to determine whether the vehicles comply with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted thereto.

3. The Department of Motor Vehicles and Public Safety shall monitor the effectiveness of its programs for the inspection and maintenance of motor vehicles and shall implement improvements to provide the highest air quality and improvement in air quality.

4. The Department of Motor Vehicles and Public Safety shall implement its use of computers to ensure that its use of staff is efficient, to increase the number of staff that can conduct inspections of motor vehicles and to address current problems with the program to control emissions from motor vehicles.".

Amend sec. 3, page 3, line 25, by deleting "Clark County" and inserting:

"the Legislative Commission".

Amend sec. 3, page 3, by deleting line 27 and inserting:

"2. The Legislative Commission".

Amend sec. 3, page 3, line 28, by deleting "County".

Amend the preamble of the bill, page 1, line 7, by deleting "now, therefore," and inserting:

"and

WHEREAS, The Southern Nevada Strategic Planning Authority was created by Senate Bill No. 383 of the 69th session of the Nevada Legislature; and

WHEREAS, The Southern Nevada Strategic Planning Authority submitted a final report to the 70th session of the Nevada Legislature which establishes a set of goals and objectives that address twelve areas which are highly impacted by growth in the Las Vegas Valley; and

WHEREAS, Support and implementation of the air quality and environmental strategies contained within the final report of the Southern Nevada Strategic Planning Authority are significant to the area of Las Vegas that will not attain the federal standards for air pollution caused by carbon monoxide and particulate matter; and

WHEREAS, While Clark County currently attains the federal standards for air pollution caused by ozone, based upon 11 observations of Clark County exceeding requirements in 1998, it is expected that Clark County will not attain the federal standards for air pollution caused by ozone within the next 3 years; and

WHEREAS, The federal standards for carbon monoxide, particulate matter and ozone cannot be attained and maintained within the Las Vegas Valley without the adoption and implementation of additional or improved strategies to control emissions, or both; and

WHEREAS, The failure to attain the standard for carbon monoxide by December 31, 2000, may result in the loss of federal money; and

WHEREAS, With the exception of heavy-duty motor vehicles, most motorized vehicles registered in the Las Vegas Valley are required to have an annual emission test as part of an inspection and maintenance program; and

WHEREAS, According to the Department of Motor Vehicles and Public Safety, in 1996, diesel-powered vehicles accounted for less than 2 percent of the vehicles registered in the Las Vegas Valley, yet the Department of Comprehensive Planning in Clark County estimates that diesel-powered vehicles produce substantial amounts of nitrogen oxides, particulate matter and sulfur dioxides that are emitted directly into the air from on-road and nonroad mobile sources; and

WHEREAS, The Carbon Monoxide Air Quality Implementation Plan of 1995 from Clark County identifies gasoline-powered motor vehicles as the primary source of emissions of carbon monoxide within the Las Vegas Valley; and

WHEREAS, The provisions of NRS 445B.798 authorize the Department of Motor Vehicles and Public Safety to conduct a test of the emissions from a motor vehicle that is being operated on a highway in certain counties; and

WHEREAS, The Department agreed to begin conducting tests of the emissions from 50 percent of the motor vehicles in the Las Vegas Valley in the beginning of 2001, and to conduct tests of the emissions from 90 percent of the motor vehicles in the Las Vegas Valley by the end of 2001; and

Whereas, The provisions of NRS 445B.830 establish the pollution control account for the express purpose of providing money to the Department of Motor Vehicles and Public Safety, and to agencies in nonattainment or maintenance areas for carbon monoxide, for programs related to the improvement of the quality of air; now, therefore,".

Amend the title of the bill to read as follows:

"AN ACT relating to air pollution; directing the Legislative Commission to conduct an interim study of certain air quality control programs; setting forth the purpose and duties of the subcommittee of the Legislative Commission; establishing an advisory committee; directing the Department of Motor Vehicles and Public Safety to implement certain programs of air quality control; making an appropriation; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Directs Legislative Commission to conduct interim study of certain air quality control programs and Department of Motor Vehicles and Public Safety to implement certain programs of air quality control. (BDR S-54)".