Senate Bill No. 432–Senator Porter
March 15, 1999
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Referred to Committee on Natural Resources
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)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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:
2-1
Section 1. 1. The Legislative Commission shall appoint a2-2
subcommittee consisting of three Senators and three Assemblymen to2-3
conduct an interim study concerning the programs for air quality control in2-4
Clark County.2-5
2. In addition to the legislators, the Legislative Commission shall2-6
appoint an advisory committee to assist the subcommittee consisting of:2-7
(a) One member appointed by the Board of County Commissioners of2-8
Clark County, who shall serve as Chairman of the Committee;2-9
(b) One member appointed by the Board of County Commissioners of2-10
Clark County to represent the fuel industry;2-11
(c) Two members appointed by the Board of County Commissioners of2-12
Clark County to represent environmental concerns;2-13
(d) One member appointed by the Board of County Commissioners of2-14
Clark County to represent the Nevada Contractors Association;2-15
(e) One member appointed by the Regional Transportation Commission2-16
of Clark County;2-17
(f) One member appointed by the Board of Trustees of the Clark County2-18
School District;2-19
(g) One member appointed by the Board of Health of Clark County;2-20
(h) One member appointed by the Nevada League of Cities;2-21
(i) One member appointed by the Las Vegas Chapter of the Associated2-22
General Contractors of America;2-23
(j) One member appointed by the Southern Nevada Chapter of the2-24
Associated Builders and Contractors;2-25
(k) One member appointed by the Nevada Motor Transport Association;2-26
(l) One member appointed by the Southern Nevada Home Builders2-27
Association;2-28
(m) The Director of the Department of Motor Vehicles and Public2-29
Safety or his designee;2-30
(n) The Director of the Nevada Department of Transportation or his2-31
designee; and2-32
(o) The Administrator of the Division of Environmental Protection of2-33
the State Department of Conservation and Natural Resources or his2-34
designee.2-35
3. The subcommittee of the Legislative Commission shall:2-36
(a) Contract with a qualified, independent consultant to conduct a study2-37
of the air quality in Clark County and negotiate the terms of the contract;2-38
(b) Establish the scope of the study; and3-1
(c) Ensure that the consultant is adhering to the scope of the study and3-2
will complete the study on time by requiring progress reports from the3-3
consultant and establishing a schedule for completion of the study.3-4
Sec. 2. 1. The study of the air quality in Clark County conducted by3-5
the consultant pursuant to section 1 of this act must include, without3-6
limitation, an analysis of and recommendations concerning:3-7
(a) Existing programs related to air quality in Clark County and methods3-8
for improving the efficiency of such programs;3-9
(b) Programs that may be required in the future to meet standards3-10
pertaining to particulates, carbon monoxide, ozone and regional haze and3-11
visibility, including, without limitation, programs for the inspection of3-12
heavy-duty motor vehicles that are powered by diesel fuel, programs for the3-13
inspection and maintenance of light-duty motor vehicles, programs to3-14
manage urban haze and visibility, programs that involve the use of3-15
alternative fuels, remote sensing or alternative transportation, and estimates3-16
of the potential effectiveness of such programs;3-17
(c) Current and future funding requirements of programs related to air3-18
quality, sources of funding for such programs and methods of determining3-19
adequate levels of funding for such programs; and3-20
(d) The roles of state and local governmental agencies and the private3-21
sector in addressing air quality issues in Clark County, including, without3-22
limitation, recommendations concerning an institutional structure that will3-23
effectively address air quality issues in the Las Vegas Valley.3-24
2. The consultant shall consider, when analyzing and making3-25
recommendations concerning a program related to air quality in Clark3-26
County:3-27
(a) The cost-effectiveness of the program by comparing it with other3-28
programs related to air quality; and3-29
(b) Whether the program is technologically feasible based on evidence3-30
relating to the availability, effectiveness, reliability and safety of any3-31
proposed technology that may be used in the program.3-32
3. On or before June 30, 2000, the consultant shall submit a written3-33
report of the study to the subcommittee of the Legislative Commission.3-34
4. On or before October 15, 2000, the subcommittee shall review the3-35
report submitted pursuant to subsection 3. Any recommended legislation3-36
proposed by the subcommittee must be approved by a majority of the3-37
members of the Assembly appointed to the subcommittee and a majority of3-38
the members of the Senate appointed to the subcommittee. The Legislative3-39
Commission shall submit its findings and recommendations for legislation3-40
to the 71st session of the Nevada Legislature.3-41
Sec. 3. 1. In consultation with the State Environmental Commission3-42
and local air pollution control agencies, the Department of Motor Vehicles3-43
and Public Safety shall ensure the expedient implementation of an4-1
improved program to determine whether a motor vehicle that uses diesel4-2
fuel complies with controls over emissions.4-3
2. As soon as the equipment that is necessary becomes available, the4-4
Department of Motor Vehicles and Public Safety shall begin conducting4-5
roadside tests of the emissions from motor vehicles that are operated on4-6
highways in a county whose population is 400,000 or more to determine4-7
whether the vehicles comply with the provisions of NRS 445B.700 to4-8
445B.845, inclusive, and the regulations adopted thereto.4-9
3. The Department of Motor Vehicles and Public Safety shall monitor4-10
the effectiveness of its programs for the inspection and maintenance of4-11
motor vehicles and shall implement improvements to provide the highest4-12
air quality and improvement in air quality.4-13
4. The Department of Motor Vehicles and Public Safety shall4-14
implement its use of computers to ensure that its use of staff is efficient, to4-15
increase the number of staff that can conduct inspections of motor vehicles4-16
and to address current problems with the program to control emissions from4-17
motor vehicles.4-18
Sec. 4. 1. There is hereby appropriated from the pollution control4-19
account in the state general fund to the Legislative Commission the sum of4-20
$500,000 to pay for the costs associated with carrying out the provisions of4-21
this act.4-22
2. The Legislative Commission shall determine the manner in which to4-23
expend the money appropriated pursuant to subsection 1 and shall4-24
distribute at least $100,000 of the appropriation to the Department of4-25
Motor Vehicles and Public Safety for use by the Department in its program4-26
for the inspection of heavy-duty motor vehicles that are powered by diesel4-27
fuel.4-28
3. Any remaining balance of the appropriation made by subsection 14-29
must not be committed for expenditure after June 30, 2001, and reverts to4-30
the state general fund as soon as all payments of money committed have4-31
been made.4-32
Sec. 5. This act becomes effective upon passage and approval.~