MINUTES OF THE meeting

of the

ASSEMBLY Subcommittee on Natural Resources, Agriculture, and Mining

 

Seventy-First Session

April 10, 2001

 

 

The Subcommittee on Natural Resources, Agriculture, and Miningwas called to order at 4:20 p.m., on Tuesday, April 10, 2001.  Chairman Marcia de Braga presided in Room 3161 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Agenda.  Exhibit B is the Guest List.  All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

 

SUBCOMMITTEE MEMBERS PRESENT:

 

Mrs.  Marcia de Braga, Chairman

Ms.   Genie Ohrenschall

 

SUBCOMMITTEE MEMBERS ABSENT:

 

Mr.    John Carpenter

 

STAFF MEMBERS PRESENT:

 

Linda Eissmann, Committee Policy Analyst

June Rigsby, Committee Secretary

 

OTHERS PRESENT:

 

Helen Foley, Clark County District Health Department

Phil Rosenquist, Clark County Comprehensive Planning

Jim Parsons, Nevada Department of Motor Vehicles

Andy Goodrich, Director, Air Quality Management, Washoe County

Paul Iverson, Director, Nevada Department of Agriculture

Joe Johnson, Toiyabe Chapter of the Sierra Club

 

The subcommittee on A.B. 198 was called to order. Assemblywoman Ohrenschall and Chairman de Braga were in attendance. Assemblyman Carpenter was absent. Chairman de Braga requested testimony on a proposed amendment.

 

Assembly Bill 198:  Revises provisions relating to expenditures for air quality. (BDR 40-176)

 

Helen Foley, representing the Clark County Health District, distributed a copy of the amendment (Exhibit C) and an amended version of A.B. 198 (Exhibit D). She highlighted one major difference, and that was the insertion of local government agencies in nonattainment areas over the Tahoe Regional Planning Agency (TRPA) on the priority list for money distribution.

 

Ms. Foley recalled there had been testimony stating the Department of Agriculture could only deal with matters of pollution as a condition of receiving funds. Ms. Foley was assured that was the intent of the Department of Agriculture. Although Ms. Foley stressed the importance of including local governments on the priority list, she was mindful of the impact it might have on state budgeting.

 

Chairman de Braga asked if there was a formula to calculate the distribution of smog testing funds. Phil Rosenquist, representing Clark County Comprehensive Planning, offered to respond. In review, he explained that $5 of the smog inspection fee was diverted to government. Of that $5, $1 was returned to local government (i.e., Clark County). The Clark Health District was allotted sixty cents of the dollar, and Clark County Comprehensive Planning received forty cents of the dollar. The remaining $4 was deposited into an account for distribution based on a priority list. In order, recipients were: Nevada Department of Motor Vehicles (DMV), Nevada Department of Environmental Protection (NDEP), Nevada Department of Agriculture, county government, and Tahoe Regional Planning Agency.  Mr. Rosenquist candidly stated his intent was to prevent the TRPA from raiding funds that were generated in southern Nevada.

 

Chairman de Braga requested clarification on the proportional distribution of the funds in the account and asked if there was the possibility of an agency getting shorted. It was Mr. Rosenquist’s understanding that no agency had ever been shorted in the past. Remaining funds were diverted to a reserve account, and it was the reserve account that got tapped in 1999 for $3.2 million for the TRPA. He clarified that Clark County had successfully applied for grant monies from that reserve account.

 

Chairman de Braga restated that TRPA had that ability to tap into the reserve account because they were already on the list. Ms. Foley agreed and added that several sessions ago the legislature had reduced the smog fee by $1. The effect of that reduction compounded by the TRPA allotment had drained the reserve.

 

Jim Parsons, representing the Nevada Department of Motor Vehicles (DMV), offered to clarify the testimony. Regarding the $1 reduction of the smog fee, Mr. Parsons explained it was implemented due to the growing reserve of funds. After the funds were distributed using the priority list, reserve funds were awarded based on grant applications from any of the five agencies.

 

Ms. Foley called the subcommittee’s attention to an additional issue that should be included. Mr. Rosenquist requested the deletion of the words “carbon monoxide” and the insertion of language to regulate additional pollutants (e.g., ozone). 

 

Chairman de Braga called for additional testimony.

 

Andy Goodrich, Director, Air Quality Management, Washoe County, commenced testimony in opposition to the amended version of A.B. 198. Money collected through the smog inspection program was designed for air pollution control projects. He agreed that DMV should be the first priority followed by NDEP; however, Mr. Goodrich was of the opinion that local county governments should be third on the list. Washoe County was responsible for doing the ambient air quality monitoring, adopting air quality regulations, enforcement of regulations, and preparation of air quality implementation plans. Those duties, in his judgment, dictated a more favorable position on the list of priorities.

 

Chairman de Braga asked how the Department of Agriculture would get funds to do their required work. Mr. Goodrich summarized it as a matter of trust. He recognized the valuable role of the Agriculture Department; however, he reiterated the county needs were more critical.

 

Chairman de Braga requested testimony from Paul Iverson, Director of the Nevada Department of Agriculture. Mr. Iverson had not anticipated testimony from Washoe County, and, despite their testimony, he believed the Department of Agriculture should remain in the current third position. He defended his statement saying that Department of Agriculture was the only agency that performed fuel quality testing.

 

Mr. Iverson stated 100 percent of the money received through the smog-testing program went directly to the fuel-testing laboratories. Setting the standards for fuels was a critical process in air quality management in Nevada. He urged the subcommittee to preserve the priority list.

 

Chairman de Braga asked if the money received by the Department of Agriculture precisely paid for the fuel-testing program that was mandated by law. Mr. Iverson stated if funding was reduced, the ability to operate the fuel testing labs would be reduced. It could compromise their ability to set fuel standards for the state.

 

Chairman de Braga reiterated if the proposed amendment was adopted, local governments would receive more funds than before.

 

Joe Johnson, representing the Sierra Club, stated he had followed the issue for many years. In the process of setting the priority for distribution, all state agency budgets were reviewed by the finance committees. As such, it was their responsibility to make departments whole as they distributed funds. There was little to argue about the list of priority because, ultimately, it was the responsibility of the finance committees. The order was irrelevant to Mr. Johnson.

 

Assemblywoman Ohrenschall called for a motion to amend A.B. 198 using Clark County’s amendment.

 

ASSEMBLYMAN OHRENSCHALL MOVED TO AMEND A.B. 198

AND RECOMMEND THE AMENDED BILL TO THE FULL COMMITTEE.

 

CHAIRMAN DE BRAGA SECONDED THE MOTION.

 

            THE MOTION CARRIED BY BOTH ASSEMBLYWOMEN.

 

Chairman de Braga announced the recommendation for adopting the Clark County amendment would be taken by the subcommittee back to the full committee. The testimony would be shared at the committee work session on April 11, 2001.

 

The meeting was adjourned at 4:38 p.m.

 

 

 

RESPECTFULLY SUBMITTED:

 

 

                               

June Rigsby

Committee Secretary

 

 

APPROVED BY:

 

 

 

                                                                                         

Assemblywoman Marcia de Braga, Chairman

 

 

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