EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 459 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 18, inclusive, of this act.

1-3 Sec. 2. "Base state" means a participating state designated by a

1-4 motor carrier pursuant to the uniform program as the base state of the

1-5 motor carrier.

1-6 Sec. 3. "Motor carrier" means a person who owns or operates one

1-7 or more motor vehicles used to transport a hazardous material.

2-1 Sec. 4. "Participating state" means a state that has entered into a

2-2 reciprocal agreement with this state to participate in the uniform

2-3 program.

2-4 Sec. 5. "Uniform application" means an application to register and

2-5 obtain a permit for the transportation of hazardous materials pursuant to

2-6 the uniform program.

2-7 Sec. 6. "Uniform program" means the program established

2-8 pursuant to 49 U.S.C. § 5119 to regulate the transportation of hazardous

2-9 materials.

2-10 Sec. 7. The director shall adopt regulations for the participation of

2-11 this state in the uniform program. The regulations adopted pursuant to

2-12 this section must be consistent with, and equivalent in scope, coverage

2-13 and content to:

2-14 1. Except as otherwise provided in subsection 2, the

2-15 recommendations contained in the final report of the working group

2-16 established pursuant to 49 U.S.C. § 5119; or

2-17 2. If the Secretary of Transportation prescribes regulations pursuant

2-18 to 49 U.S.C. § 5119, the regulations of the Secretary of Transportation.

2-19 Sec. 8. Except as otherwise required by federal law, before

2-20 transporting a hazardous material upon a public highway of this state, a

2-21 motor carrier shall register with and obtain a permit for the

2-22 transportation of hazardous materials:

2-23 1. From the department; or

2-24 2. If the motor carrier has designated another participating state as

2-25 its base state pursuant to the uniform program, from the base state.

2-26 Sec. 9. Except as otherwise required by federal law, a motor carrier

2-27 who is required to register with and obtain a permit from the department

2-28 pursuant to section 8 of this act:

2-29 1. Except as otherwise provided in subsection 2, is not required to

2-30 provide on a uniform application any information required solely from a

2-31 motor carrier who transports hazardous waste.

2-32 2. For the transportation of any radioactive waste must provide all

2-33 the information required on a uniform application, including any

2-34 information required solely from a motor carrier who transports

2-35 hazardous waste.

2-36 Sec. 10. 1. Except as otherwise provided in subsection 2 or

2-37 required by federal law, the following information is confidential when

2-38 provided to the department on a uniform application:

2-39 (a) Any information regarding the ownership of a motor carrier.

2-40 (b) Any information regarding a parent company, affiliate or

2-41 subsidiary of a motor carrier.

2-42 (c) Any information regarding the financial balance sheet and

2-43 statement of income of a motor carrier.

3-1 (d) Any information regarding the liability of a motor carrier for any

3-2 debts.

3-3 (e) Any information regarding the customers of a motor carrier,

3-4 including the services provided to specific customers.

3-5 2. The department may, to the extent required for the administration

3-6 of the uniform program, disclose any information described in

3-7 subsection 1 to:

3-8 (a) An appropriate agency of the Federal Government or a

3-9 participating state; or

3-10 (b) A national repository established to assist in the administration of

3-11 the uniform program.

3-12 Sec. 11. 1. Except as otherwise required by federal law, the

3-13 department shall immediately suspend or revoke the registration and

3-14 permit for the transportation of hazardous materials, or deny the

3-15 approval of an application for such a registration and permit, by a motor

3-16 carrier who:

3-17 (a) Knowingly makes a materially false or misleading statement on

3-18 the application for the registration and permit;

3-19 (b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R.

3-20 Part 385;

3-21 (c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;

3-22 (d) Does not maintain the financial responsibility for liability required

3-23 pursuant to 49 C.F.R. Part 387 and the laws of this state;

3-24 (e) Knowingly uses a forged certificate of registration or permit for

3-25 the transportation of hazardous materials;

3-26 (f) Knowingly allows the use of his registration or permit for the

3-27 transportation of hazardous materials by any person other than an agent

3-28 or employee of the motor carrier; or

3-29 (g) Is convicted of a serious violation or repeated violations of the

3-30 laws of this state for the regulation of common, contract or private motor

3-31 carriers of property.

3-32 2. Upon taking any action pursuant to subsection 1, the department

3-33 shall:

3-34 (a) Notify the motor carrier, by certified mail, of the reasons for its

3-35 action and of any action the motor carrier may take to obtain the

3-36 reinstatement of his registration and permit or the approval of his

3-37 application; and

3-38 (b) Provide the motor carrier with an opportunity for a fair and

3-39 impartial hearing on the matter.

3-40 Sec. 12. 1. The department shall not issue a permit required

3-41 pursuant to section 8 of this act to a common, contract or private motor

3-42 carrier of property who is seeking to transport radioactive waste upon a

3-43 public highway of this state without first determining that the carrier

4-1 transporting the waste is in compliance and will continue to comply with

4-2 all laws and regulations of this state and the Federal Government

4-3 respecting the handling and transportation of radioactive waste and the

4-4 safety of drivers and vehicles.

4-5 2. Any common, contract or private motor carrier of property who

4-6 maintains his books and records outside of this state must, in addition to

4-7 any other assessments and fees provided by law, be assessed by the

4-8 department for an amount equal to the travel expenses, including the

4-9 excess of the out-of-state subsistence allowances over the in-state

4-10 subsistence allowances, as fixed by NRS 281.160, of employees of the

4-11 department for investigations, inspections and audits which may be

4-12 required to be performed outside of this state in carrying out the

4-13 provisions of subsection 1.

4-14 3. The assessment provided for in subsection 2 must be determined

4-15 by the department upon the completion of each such investigation,

4-16 inspection or audit and is due within 30 days after the date on which the

4-17 affected common, contract or private motor carrier receives the

4-18 assessment. The records of the department relating to the additional costs

4-19 incurred by reason of necessary travel must be open for inspection by the

4-20 affected carrier at any time within the 30-day period.

4-21 Sec. 13. 1. A common, contract or private motor carrier of

4-22 property shall not transport any high-level radioactive waste or spent

4-23 nuclear fuel upon a public highway of this state unless:

4-24 (a) The high-level radioactive waste or spent nuclear fuel is contained

4-25 in a package that has been approved for that purpose pursuant to 10

4-26 C.F.R. Part 71; and

4-27 (b) The carrier has complied with the provisions of 10 C.F.R. Part 71

4-28 and 10 C.F.R. Part 73 requiring the advance notification of the governor

4-29 of this state or his designee.

4-30 2. As used in this section:

4-31 (a) "High-level radioactive waste" has the meaning ascribed to it in

4-32 10 C.F.R. § 72.3.

4-33 (b) "Spent nuclear fuel" has the meaning ascribed to it in 10 C.F.R. §

4-34 72.3.

4-35 Sec. 14. 1. Except as otherwise required by federal law, an

4-36 authorized agent of the department may:

4-37 (a) Conduct any examination or inspection of a motor vehicle or

4-38 facility;

4-39 (b) Conduct any investigation, audit or other review; and

4-40 (c) Inspect and electronically reproduce any record, document or

4-41 other evidentiary material,

4-42 as is necessary to determine the applicability of the provisions of NRS

4-43 459.708 to 459.725, inclusive, sections 2 to 17, inclusive, of this act and

5-1 any regulations adopted pursuant thereto, to any person or motor

5-2 vehicle, and to determine whether the person or motor vehicle is in

5-3 compliance therewith.

5-4 2. The director shall adopt regulations governing the inspection of

5-5 vehicles pursuant to subsection 1 based on standards adopted by a

5-6 nonprofit organization comprised of representatives from private

5-7 industry, state agencies, agencies of the Federal Government and other

5-8 governmental agencies, which is dedicated to improving the safety of

5-9 commercial vehicles.

5-10 Sec. 15. 1. A person responsible for the care, custody or control of

5-11 a hazardous material which is involved in an accident or incident

5-12 occurring during the transportation of the hazardous material by motor

5-13 carrier, including any accident or incident occurring during any loading,

5-14 unloading or temporary storage of the hazardous material while it is

5-15 subject to active shipping papers and before it has reached its ultimate

5-16 consignee, shall notify the division as soon as practicable if, as a result of

5-17 the hazardous material:

5-18 (a) A person is killed;

5-19 (b) A person receives injuries that require hospitalization;

5-20 (c) Any damage to property exceeds $50,000;

5-21 (d) There is an evacuation of the general public for 1 hour or more;

5-22 (e) One or more major transportation routes or facilities are closed or

5-23 shut down for 1 hour or more;

5-24 (f) There is an alteration in the operational flight pattern or routine of

5-25 any aircraft;

5-26 (g) Any radioactive contamination is suspected;

5-27 (h) Any contamination by an infectious substance is suspected;

5-28 (i) There is a release of a liquid marine pollutant in excess of 450

5-29 liters or a solid marine pollutant in excess of 400 kilograms; or

5-30 (j) Any situation exists at the site of the accident or incident which, in

5-31 the judgment of the person responsible for the care, custody or control of

5-32 the hazardous material, should be reported to the division.

5-33 2. The notification required pursuant to this section must include:

5-34 (a) The name of the person providing the notification;

5-35 (b) The name and address of the motor carrier represented by that

5-36 person;

5-37 (c) The telephone number where that person can be contacted;

5-38 (d) The date, time and location of the accident or incident;

5-39 (e) The extent of any injuries;

5-40 (f) The classification, name and quantity of the hazardous material

5-41 involved, if that information is available; and

6-1 (g) The type of accident or incident, the nature of the hazardous

6-2 material involved and whether there is a continuing danger to life at the

6-3 scene of the accident or incident.

6-4 3. A person may satisfy the requirements of this section by providing

6-5 the information specified in subsection 2 to the person who responds to a

6-6 telephone call placed to:

6-7 (a) The number 911 in an area where that number is used for

6-8 emergencies; or

6-9 (b) The number zero in an area where the number 911 is not used for

6-10 emergencies.

6-11 Sec. 16. Except as otherwise required by federal law, the provisions

6-12 of NRS 459.708 to 459.725, inclusive, sections 2 to 17, inclusive, of this

6-13 act and the regulations adopted pursuant thereto do not apply to the

6-14 transportation of a hazardous material by any vehicle which is owned

6-15 and operated by the Federal Government, this state or any political

6-16 subdivision of this state.

6-17 Sec. 17. 1. Except as otherwise provided in subsection 2, the

6-18 provisions of NRS 459.708 to 459.725, inclusive, sections 2 to 17,

6-19 inclusive, of this act and the regulations adopted pursuant thereto

6-20 supersede and preempt any ordinance or regulation adopted by the

6-21 governing body of a political subdivision of this state governing the

6-22 transportation of a hazardous material upon a public highway of this

6-23 state.

6-24 2. The provisions of subsection 1 do not apply to any ordinance or

6-25 regulation:

6-26 (a) For the control of traffic generally; or

6-27 (b) Which is approved by the board of directors of the department of

6-28 transportation pursuant to paragraph (b) of subsection 3 of NRS

6-29 484.779.

6-30 Sec. 18. 1. In addition to any applicable criminal penalties, the

6-31 department may, after providing written notice and an opportunity for a

6-32 fair and impartial hearing, impose a civil penalty, in an amount

6-33 determined pursuant to the schedule adopted by the director pursuant to

6-34 this section, upon a person who violates a provision of NRS 459.708 to

6-35 459.725, inclusive, and sections 2 to 17, inclusive, of this act, or the

6-36 regulations adopted pursuant thereto. The notice required by this section

6-37 must include the amount of the penalty and a description of the violation.

6-38 2. The director shall adopt a schedule of civil penalties for the

6-39 purposes of this section based on a schedule of recommended fines

6-40 adopted by a nonprofit organization comprised of representatives from

6-41 private industry, state agencies, agencies of the Federal Government and

6-42 other governmental agencies, which is dedicated to improving the safety

6-43 of commercial vehicles.

7-1 3. The department may bring an action to recover a civil penalty

7-2 imposed pursuant to this section and shall deposit any money collected

7-3 with the state treasurer for credit to the state highway fund.

7-4 Sec. 19. NRS 459.250 is hereby amended to read as follows:

7-5 459.250 1. Peace officers of the Nevada highway patrol shall enforce

7-27 human resources.

7-28 Sec. 20. NRS 459.428 is hereby amended to read as follows:

7-29 459.428 "Hazardous material" has the meaning ascribed to it in NRS

7-32 public safety pursuant to NRS 459.710.]

7-33 Sec. 21. NRS 459.500 is hereby amended to read as follows:

7-34 459.500 1. Except as otherwise provided in NRS 459.700 to

7-42 hazardous material or a regulated substance from underground storage

8-1 tanks, the clean up of spills of or accidents involving hazardous waste,

8-2 hazardous material or a regulated substance, or the management of

8-3 hazardous waste; and

8-4 (3) That a person employed full time by a business to act as such a

8-5 consultant is exempt from the requirements of certification:

8-6 (I) If he is certified by the federal Occupational Safety and Health

8-7 Administration to manage such waste, materials or substances; and

8-8 (II) While acting in the course of that full-time employment.

8-9 (b) Regulations of the commission may:

8-10 (1) Provide for the licensing and other necessary regulation of

8-11 generators, including shippers, brokers and carriers, both intrastate and

8-12 interstate, who cause that waste to be transported into or through Nevada or

8-13 for disposal in Nevada;

8-14 (2) Require that the person responsible for a spill, leak or accident

8-15 involving hazardous waste, hazardous material or a regulated substance,

8-16 obtain advice on the proper handling of the spill, leak or accident from a

8-17 consultant certified under the regulations adopted pursuant to [subsection

8-18 1;] paragraph (a); and

8-19 (3) Establish standards relating to the education, experience,

8-20 performance and financial responsibility required for the certification of

8-21 consultants.

8-22 2. The regulations may include provisions for:

8-23 (a) Fees to pay the cost of inspection, certification and other regulation

8-24 [;] , excluding any activities conducted pursuant to NRS 459.708 to

8-25 459.725, inclusive, and sections 2 to 17, inclusive, of this act; and

8-26 (b) Administrative penalties of not more than $2,500 per violation or

8-27 $10,000 per shipment for violations by persons licensed by the department,

8-28 and the criminal prosecution of violations of its regulations by persons who

8-29 are not licensed by the department.

8-30 3. Designated employees of the department and the Nevada highway

8-31 patrol division shall enforce the regulations of the commission relating to

8-32 the transport and handling of hazardous waste, as they affect the safety of

8-33 drivers and vehicles and the leakage or spill of that waste from packages.

8-34 Sec. 22. NRS 459.700 is hereby amended to read as follows:

8-35 459.700 As used in NRS 459.700 to 459.780, inclusive, and sections 2

8-39 those sections.

8-40 Sec. 23. NRS 459.7024 is hereby amended to read as follows:

8-41 459.7024 "Hazardous material" means any substance or combination

8-43 which:

9-1 1. Is identified as hazardous by the regulating agency as a result of

9-2 studies undertaken to identify hazardous materials or wastes; and

9-3 2. Because of its quantity or concentration or its physical, chemical,

9-4 radioactive or infectious characteristics may:

9-5 (a) Cause or significantly contribute to an increase in mortality or

9-6 serious irreversible or incapacitating illness; or

9-7 (b) Pose a substantial hazard or potential hazard to human health, public

9-8 safety or the environment when it is given improper treatment, storage,

9-9 transportation, disposal or other management,

9-10 including toxins, corrosives, flammable materials, irritants, strong

9-11 sensitizers and materials which generate pressure by decomposition, heat or

9-12 otherwise.] any hazardous material, hazardous waste, hazardous

9-13 substance or marine pollutant:

9-14 1. Of a type and amount for which a vehicle transporting the

9-15 substance must be placarded pursuant to 49 C.F.R. Part 172;

9-16 2. Of a type and amount for which a uniform hazardous waste

9-17 manifest is required pursuant to 40 C.F.R. Part 262; or

9-18 3. Which is transported in bulk packaging, as defined in 49 C.F.R. §

9-19 171.8.

9-20 Sec. 24. NRS 459.708 is hereby amended to read as follows:

9-21 459.708 1. A common, contract or private motor carrier of property

9-40 when he accepted the package for transport.

9-41 Sec. 25. NRS 459.725 is hereby amended to read as follows:

9-42 459.725 1. The director is responsible for administering the

9-43 provisions of NRS [459.705] 459.708 to 459.725, inclusive, and sections 2

10-1 to 17, inclusive, of this act and , subject to the limitations contained in

10-2 those provisions, may adopt such regulations as he deems necessary for

10-3 that purpose. The regulations adopted pursuant to this section must be

10-4 consistent with any applicable statutes and regulations of the Federal

10-5 Government.

10-6 2. The director shall adopt regulations:

10-7 (a) For the security of the repository for information concerning

10-8 hazardous materials in Nevada so that it is adequately protected from fire,

10-9 theft, loss, destruction, other hazards and unauthorized access.

10-10 (b) Prescribing the manner in which information concerning hazardous

10-11 materials is submitted to the division by state and local governmental

10-12 agencies.

10-13 (c) Providing for the imposition of fees to pay the cost of:

10-14 (1) Any registration and permitting required to carry out the

10-15 uniform program; and

10-16 (2) Any other regulation pursuant to the provisions of NRS 459.708

10-17 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act.

10-18 Money received by the department from the fees imposed pursuant to this

10-19 paragraph must be deposited with the state treasurer for credit to the

10-20 state highway fund and used only to carry out the provisions of NRS

10-21 459.708 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act.

10-22 3. The director, on behalf of this state, may enter into any

10-23 agreements with:

10-24 (a) The Federal Government;

10-25 (b) Other states; and

10-26 (c) A national repository established to assist in the administration of

10-27 the uniform program,

10-28 as are appropriate for the administration of the uniform program.

10-29 Sec. 26. NRS 459.735 is hereby amended to read as follows:

10-30 459.735 1. The contingency account for hazardous materials is

11-1 (d) Training and equipping state and local personnel to respond to

11-2 accidents and incidents involving hazardous materials; and

11-3 (e) [Operation] The operation of training programs and a training center

11-4 for handling emergencies relating to hazardous materials and related fires

11-5 pursuant to NRS 477.045.

11-6 3. All money received by this state as a result of Public Law 99-499 or

11-7 Title I of Public Law 93-633 must be deposited with the state treasurer to

11-8 the credit of the contingency account for hazardous materials. In addition,

11-9 all money received by the commission from any source must be deposited

11-10 with the state treasurer to the credit of the contingency account for

11-11 hazardous materials. The state controller shall transfer from the

11-12 contingency account to the operating account of the state fire marshal such

11-13 money collected pursuant to chapter 477 of NRS as is authorized for

11-14 expenditure in the budget of the state fire marshal for use pursuant to

11-15 paragraph (e) of subsection 2.

11-16 4. Upon the presentation of budgets in the manner required by law,

11-17 money to support the operation of the commission pursuant to this

11-18 chapter, other than its provision of grants, must be provided by direct

11-19 legislative appropriation from the state highway fund to the contingency

11-20 account for hazardous materials.

11-21 5. The interest and income earned on the money in the contingency

11-22 account [,] for hazardous materials, after deducting any applicable

11-23 charges, must be credited to the account.

11-24 [4.] 6. All claims against the contingency account for hazardous

11-25 materials must be paid as other claims against the state are paid.

11-26 Sec. 27. NRS 459.775 is hereby amended to read as follows:

11-27 459.775 Any person who:

11-43 is guilty of a misdemeanor.

12-1 Sec. 28. NRS 459.780 is hereby amended to read as follows:

12-2 459.780 Any person who:

12-21 is guilty of a gross misdemeanor.

12-22 Sec. 29. NRS 459.790 is hereby amended to read as follows:

12-23 459.790 As used in NRS 459.790 to 459.796, inclusive, unless the

12-28 is regulated pursuant to this chapter.

12-29 Sec. 30. NRS 459.705, 459.707, 459.710, 459.713, 459.720 and

12-30 459.730 are hereby repealed.

12-31 Sec. 31. This act becomes effective upon passage and approval.

12-32 LEADLINES OF REPEALED SECTIONS

12-33 459.705 Permit and inspection required to transport certain

12-36 459.707 Permit to transport radioactive waste: Revocation;

12-37 notification to department; complaint filed with Surface

12-38 Transportation Board.

13-1 459.710 Regulations; imposition and disposition of fees; issuance of

13-2 identifying device.

13-3 459.713 Limitations on local ordinances and regulations.

13-4 459.720 Reports of designated accidents or incidents involving

13-5 hazardous material; penalty.

13-6 459.730 Division to be notified of transportation of controlled

13-7 quantities of radioactive material or high-level radioactive waste;

13-8 confidentiality of information.