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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
(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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