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 445B of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 "Heavy-duty motor vehicle" means a motor vehicle that has a

1-4 manufacturer’s gross vehicle weight rating of 8,500 pounds or more.

1-5 Sec. 2. NRS 445B.500 is hereby amended to read as follows:

1-6 445B.500 1. Except as otherwise provided in this section and in NRS

1-14 procedures and variance procedures established by ordinance or local

2-1 regulation which are equivalent to or stricter than those established by

2-2 statute or state regulation; and

2-3 (2) Provide for adequate administration, enforcement, financing and

2-4 staff.

2-5 (c) The district board of health, county board of health or board of

2-6 county commissioners is designated as the air pollution control agency of

2-7 the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and

2-8 the federal act insofar as it pertains to local programs, and that agency is

2-9 authorized to take all action necessary to secure for the county the benefits

2-10 of the federal act.

2-11 (d) [Powers] The powers and responsibilities provided for in NRS

2-12 445B.210, 445B.240 to 445B.450, inclusive, 445B.560, 445B.570,

2-13 445B.580 and 445B.640 are binding upon and inure to the benefit of local

2-14 air pollution control authorities within their jurisdiction.

2-15 2. The district board of health, county board of health or board of

2-16 county commissioners in each county whose population is 400,000 or

2-17 more may:

2-18 (a) Establish a program to control emissions from construction

2-19 equipment that is powered by diesel fuel, used primarily off-road and

2-20 operated within the county, and adopt such regulations and impose such

2-21 fees as are necessary to carry out the program; and

2-22 (b) Establish visibility standards for air quality in the county and

2-23 adopt such regulations as are necessary to achieve those standards.

2-24 3. The local air pollution control board shall carry out all provisions of

2-25 NRS 445B.215 with the exception that notices of public hearings must be

2-26 given in any newspaper, qualified pursuant to the provisions of chapter 238

2-27 of NRS, once a week for 3 weeks. The notice must specify with

2-28 particularity the reasons for the proposed regulations and provide other

2-29 informative details. NRS 445B.215 does not apply to the adoption of

2-30 existing regulations upon transfer of authority as provided in NRS

2-31 445B.610.

2-32 [3.] 4. In a county whose population is 400,000 or more, the local air

2-33 pollution control board may delegate to an independent hearing officer or

2-34 hearing board its authority to determine violations and levy administrative

2-35 penalties for violations of the provisions of NRS 445B.100 to 445B.450,

2-36 inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adopted

2-37 pursuant to those sections. If such a delegation is made, 17.5 percent of any

2-38 penalty collected must be deposited in the county treasury in an account to

2-39 be administered by the local air pollution control board to a maximum of

2-40 $17,500 per year. The money in the account may only be used to defray the

2-41 administrative expenses incurred by the local air pollution control board in

3-1 enforcing the provisions of NRS 445B.100 to 445B.640, inclusive. The

3-2 remainder of the penalty must be deposited in the county school district

3-3 fund of the county where the violation occurred.

3-4 [4.] 5. Any county whose population is less than 100,000 or any city

3-5 may meet the requirements of this section for administration and

3-6 enforcement through cooperative or interlocal agreement with one or more

3-7 other counties, or through agreement with the state, or may establish its

3-8 own program for the control of air pollution. If the county establishes such

3-9 a program, it is subject to the approval of the commission.

3-10 [5.] 6. No district board of health, county board of health or board of

3-11 county commissioners may adopt any regulation or establish a compliance

3-12 schedule, variance order or other enforcement action relating to the control

3-13 of emissions from plants which generate electricity by using steam

3-14 produced by the burning of fossil fuel.

3-15 [6.] 7. For the purposes of this section, "plants which generate

3-16 electricity by using steam produced by the burning of fossil fuel" means

3-17 plants that burn fossil fuels in a boiler to produce steam for the production

3-18 of electricity. The term does not include any plant which uses technology

3-19 for a simple or combined cycle combustion turbine, regardless of whether

3-20 the plant includes duct burners.

3-21 Sec. 3. NRS 445B.700 is hereby amended to read as follows:

3-22 445B.700 As used in NRS 445B.700 to 445B.845, inclusive, and

3-25 this act have the meanings ascribed to them in those sections.

3-26 Sec. 4. NRS 445B.770 is hereby amended to read as follows:

3-27 445B.770 1. In any county whose population is 100,000 or more, the

3-41 and public safety and any local air pollution control agency established

4-1 under NRS 445B.500 which has jurisdiction in a designated area, adopt

4-2 regulations and transportation controls as may be necessary to carry out the

4-3 program.

4-4 3. The regulations [shall] must distinguish between light-duty and

4-5 heavy-duty motor vehicles and may prescribe:

4-6 (a) Appropriate criteria and procedures for the approval, installation and

4-7 use of devices for the control of emissions from motor vehicles; and

4-8 (b) Requirements for the proper maintenance of such devices and motor

4-9 vehicles.

4-10 4. The regulations [shall] must establish:

4-11 (a) Requirements by which the department of motor vehicles and public

4-12 safety shall license authorized stations to inspect, repair, adjust and install

4-13 devices for the control of emissions for motor vehicles, including criteria

4-14 by which any person may become qualified to inspect, repair, adjust and

4-15 install those devices.

4-16 (b) Requirements by which the department of motor vehicles and public

4-17 safety may license an owner or lessee of a fleet of three or more vehicles as

4-18 a fleet station if the owner or lessee complies with the regulations of the

4-19 commission. The fleet station shall only certify vehicles which constitute

4-20 that fleet.

4-21 (c) Requirements by which the department provides for inspections of

4-22 motor vehicles owned by this state and any of its political subdivisions.

4-23 5. The commission shall consider, before adopting any regulation or

4-24 establishing any criteria pursuant to paragraph (a) of subsection 3:

4-25 (a) The availability of devices adaptable to specific makes, models and

4-26 years of motor vehicles.

4-27 (b) The effectiveness of those devices for reducing the emission of each

4-28 type of air pollutant under conditions in this state.

4-29 (c) The capability of those devices for reducing any particular type or

4-30 types of pollutants without significantly increasing the emission of any

4-31 other type or types of pollutant.

4-32 (d) The capacity of any manufacturer to produce and distribute the

4-33 particular device in such quantities and at such times as will meet the

4-34 estimated needs in Nevada.

4-35 (e) The reasonableness of the retail cost of the device and the cost of its

4-36 installation and maintenance over the life of the device and the motor

4-37 vehicle.

4-38 (f) The ease of determining whether any such installed device is

4-39 functioning properly.

4-40 Sec. 5. NRS 445B.780 is hereby amended to read as follows:

4-41 445B.780 1. The commission shall, by regulation, establish a

4-43 heavy-duty motor vehicles that are powered by [diesel fuel or] gasoline.

5-1 The program must be substantially similar to the program established in the

5-2 State of California.

5-3 2. The director of the state department of conservation and natural

5-4 resources shall review each amendment, repeal or other revision of a law or

5-5 regulation of the State of California relating to the program established

5-6 pursuant to subsection 1 to determine its appropriateness for this state. The

5-7 director shall recommend to the commission any such provisions which he

5-8 deems necessary or appropriate to ensure that the program remains

5-9 substantially similar to the program established in the State of California.

5-10 3. The commission shall adopt regulations concerning:

5-11 (a) The equipment used to measure smoke and other emissions of heavy-

5-12 duty motor vehicles.

5-13 (b) The granting of a waiver from the provisions adopted by reference in

5-14 this section, if compliance involves repair and equipment costs which

5-15 exceed the limits established by the commission. The commission shall

5-16 establish the limits in a manner which avoids unnecessary financial

5-17 hardship to owners of heavy-duty motor vehicles.

5-18 [4. As used in this section, a "heavy-duty motor vehicle" means a

5-19 motor vehicle that has a manufacturer’s gross vehicle weight rating of

5-20 8,500 pounds or more.]

5-21 Sec. 6. NRS 445B.795 is hereby amended to read as follows:

5-22 445B.795 The authority set forth in NRS 445B.770 providing for a

5-42 require inspection pursuant to the regulations adopted by the commission

6-1 [under] pursuant to NRS 445B.770 [are required to] must have evidence

6-2 of compliance upon registration or reregistration.

6-3 [4.] 5. The board of county commissioners of a county containing a

6-4 designated area may revise its program for the designated area after

6-5 receiving the approval of the commission.

6-6 Sec. 7. NRS 445B.800 is hereby amended to read as follows:

6-7 445B.800 1. Subject to any applicable limitation of NRS 445B.700

6-34 vehicles has been implemented pursuant to NRS 445B.770.

6-35 Sec. 8. NRS 445B.815 is hereby amended to read as follows:

6-36 445B.815 1. Except as otherwise provided in subsection 2, persons

6-42 (2)] Is based in a county whose population is 100,000 or more; and

7-1 [(3)] (2) Requires inspection pursuant to the regulations adopted by

7-2 the commission [under] pursuant to NRS 445B.770; [or]

7-3 (b) A heavy-duty motor vehicle that is powered by diesel fuel, which:

7-4 (1) Is based in a county whose population is 400,000 or more; and

7-5 (2) Requires inspection pursuant to the regulations adopted by the

7-6 commission pursuant to NRS 445B.770; or

7-7 (c) A vehicle which:

7-8 (1) Is based in an area of this state designated by the commission; and

7-9 (2) Requires inspection pursuant to the regulations adopted by the

7-10 commission [under] pursuant to NRS 445B.770,

7-11 until evidence of compliance with NRS 445B.700 to 445B.845, inclusive,

7-12 and section 1 of this act has been provided.

7-13 2. An owner or lessee of a fleet of three or more vehicles may, upon

7-14 application to the department of motor vehicles and public safety, submit

7-15 evidence of compliance for his motor vehicles in a manner determined by

7-16 that department.

7-17 Sec. 9. 1. This section becomes effective upon passage and

7-18 approval.

7-19 2. Sections 2 and 4 of this act become effective upon passage and

7-20 approval for the purpose of adopting regulations and on October 1, 1999,

7-21 for all other purposes.

7-22 3. Sections 1, 3, and 5 to 8, inclusive, of this act become effective on

7-23 October 1, 1999.