1. Senate Bill No. 432–Senator Porter

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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.

Whereas, The legislature finds and declares that a general law cannot

be made applicable for the provisions of this act because of the unusual

patterns of growth in certain local governments of this state, the need to

identify and evaluate the environmental needs of certain counties that have

arisen as a result of the growth experienced by those counties and the

special conditions experienced in certain counties related to the need to

monitor and control air quality; 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,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

(a) One member appointed by the Board of County Commissioners of

Clark County, who shall serve as Chairman of the Committee;

(b) One member appointed by the Board of County Commissioners of

Clark County to represent the fuel industry;

(c) Two members appointed by the Board of County Commissioners of

Clark County to represent environmental concerns;

(d) One member appointed by the Board of County Commissioners of

Clark County to represent the Nevada Contractors Association;

(e) One member appointed by the Regional Transportation Commission

of Clark County;

(f) One member appointed by the Board of Trustees of the Clark County

School District;

(g) One member appointed by the Board of Health of Clark County;

(h) One member appointed by the Nevada League of Cities;

(i) One member appointed by the Las Vegas Chapter of the Associated

General Contractors of America;

(j) One member appointed by the Southern Nevada Chapter of the

Associated Builders and Contractors;

(k) One member appointed by the Nevada Motor Transport Association;

(l) One member appointed by the Southern Nevada Home Builders

Association;

(m) The Director of the Department of Motor Vehicles and Public

Safety or his designee;

(n) The Director of the Nevada Department of Transportation or his

designee; and

(o) The Administrator of the Division of Environmental Protection of

the State Department of Conservation and Natural Resources or his

designee.

3. The subcommittee of the Legislative Commission shall:

(a) Contract with a qualified, independent consultant to conduct a study

of the air quality in Clark County and negotiate the terms of the contract;

(b) Establish the scope of the study; and

(c) Ensure that the consultant is adhering to the scope of the study and

will complete the study on time by requiring progress reports from the

consultant and establishing a schedule for completion of the study.

Sec. 2. 1. The study of the air quality in Clark County conducted by

the consultant pursuant to section 1 of this act must include, without

limitation, an analysis of and recommendations concerning:

(a) Existing programs related to air quality in Clark County and methods

for improving the efficiency of such programs;

(b) Programs that may be required in the future to meet standards

pertaining to particulates, carbon monoxide, ozone and regional haze and

visibility, including, without limitation, programs for the inspection of

heavy-duty motor vehicles that are powered by diesel fuel, programs for the

inspection and maintenance of light-duty motor vehicles, programs to

manage urban haze and visibility, programs that involve the use of

alternative fuels, remote sensing or alternative transportation, and estimates

of the potential effectiveness of such programs;

(c) Current and future funding requirements of programs related to air

quality, sources of funding for such programs and methods of determining

adequate levels of funding for such programs; and

(d) The roles of state and local governmental agencies and the private

sector in addressing air quality issues in Clark County, including, without

limitation, recommendations concerning an institutional structure that will

effectively address air quality issues in the Las Vegas Valley.

2. The consultant shall consider, when analyzing and making

recommendations concerning a program related to air quality in Clark

County:

(a) The cost-effectiveness of the program by comparing it with other

programs related to air quality; and

(b) Whether the program is technologically feasible based on evidence

relating to the availability, effectiveness, reliability and safety of any

proposed technology that may be used in the program.

3. On or before June 30, 2000, the consultant shall submit a written

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

4. On or before October 15, 2000, the subcommittee shall review the

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.

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.

Sec. 4. 1. There is hereby appropriated from the pollution control

account in the state general fund to the Legislative Commission the sum of

$500,000 to pay for the costs associated with carrying out the provisions of

this act.

2. The Legislative Commission shall determine the manner in which to

expend the money appropriated pursuant to subsection 1 and shall

distribute at least $100,000 of the appropriation to the Department of

Motor Vehicles and Public Safety for use by the Department in its program

for the inspection of heavy-duty motor vehicles that are powered by diesel

fuel.

3. Any remaining balance of the appropriation made by subsection 1

must not be committed for expenditure after June 30, 2001, and reverts to

the state general fund as soon as all payments of money committed have

been made.

Sec. 5. This act becomes effective upon passage and approval.

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