MINUTES OF THE MEETING OF THE JOINT SUBCOMMITTEE
ON PUBLIC SAFETY/NATURAL RESOURCES/TRANSPORTATION
OF THE
SENATE committee on Finance
AND THE
ASSEMBLY COMMITTEE ON WAYS AND MEANS
Seventy-First Session
April 27, 2001
The Joint Subcommittee on Public Safety/Natural Resources/Transportation of the Senate Committee on Finance and the Assembly Committee on Ways and Means was called to order by Chairman David R. Parks at 8:13 a.m., on Friday, April 27, 2001, in Room 2134 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
SENATE MEMBERS PRESENT:
Senator Lawrence E. Jacobsen, Chairman
Senator William R. O’Donnell
Senator Joseph M. Neal Jr.
ASSEMBLY MEMBERS PRESENT:
Mr. David R. Parks, Chairman
Mr. Bob Beers
Mrs. Vonne S. Chowning
Mrs. Marcia de Braga
Mr. John W. Marvel
ASSEMBLY MEMBERS ABSENT:
Mr. Richard D. Perkins
STAFF MEMBERS PRESENT:
Gary L. Ghiggeri, Senate Fiscal Analyst
Mark W. Stevens, Assembly Fiscal Analyst
Michael J. Chapman, Program Analyst
Mark Krmpotic, Program Analyst
Jim Rodriguez, Program Analyst
Bob Williston, Committee Secretary
OTHERS PRESENT:
Allen Biaggi, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources
R. Michael Turnipseed, P.E., Director, State Department of Conservation and Natural Resources
Hugh Ricci, P.E., State Engineer, State Environmental Commission, State Department of Conservation and Natural Resources
Steve Weaver, Chief of Planning and Development, Division of State Parks, State Department of Conservation and Natural Resources
Wayne R. Perock, Administrator, Division of State Parks, State Department of Conservation and Natural Resources
Gerald Ross, Budget Administrator III, Financial Management, Department of Transportation
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
DEP Air Quality – Budget Page CNR-20 (Volume 3)
Budget Account 101-3185
Michael J. Chapman, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, reviewed the technical adjustments and decision items on pages 2 and 3 of the Joint Subcommittee on Public Safety/Natural Resources/Transportation Closing List #6 (Exhibit C).
Assemblyman Marvel asked whether the bureau agrees with these adjustments.
Allen Biaggi, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources, stated that they do concur with the adjustments recommended.
ASSEMBLYMAN MARVEL MOVED TO CLOSE BUDGET 101-3185 WITH ADJUSTMENTS RECOMMENDED BY THE STAFF.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL AND ASSEMBLYMEN BEERS AND PERKINS WERE ABSENT FOR THE VOTE.)
* * * * *
Water Resources – Budget Page CNR-93 (Volume 3)
Budget Account 101-4171
Mr. Chapman reviewed the technical adjustments and decision units on pages 5 and 6 in Exhibit C.
ASSEMBLYMAN MARVEL MOVED TO CLOSE BUDGET 101-4171 WITH ADJUSTMENTS RECOMMENDED BY STAFF.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL AND ASSEMBLYMEN BEERS AND PERKINS WERE ABSENT FOR THE VOTE.)
* * * * *
Water Planning – Budget Page CNR-147 (Volume 3)
Budget Account 101-4161
Mr. Chapman reviewed the overview and decision items outlined on pages 7 through 9 of Exhibit C.
Senator Jacobsen stated he is concerned that efforts put forth for water planning will not be wasted. He asked whether the state is appropriately “tied with the counties.”
R. Michael Turnipseed, P.E., Director, State Department of Conservation and Natural Resources, replied that all of the same functions that were performed previously for water planning are still being performed, just in different locations. He stated it is recommended that the WET (Water Education for Teachers) program be transferred to the Bureau of Water Quality and that the grant program be transferred to the Division of Environmental Protection (DEP). He said the grant program matches up with DEP’s state revolving fund for wastewater treatment plants. He pointed out that the ultimate plan was for the grant program to go to the Health Division because they have a loan program for small water systems that is similar.
Mr. Turnipseed noted that three positions were transferred to the Division of Water Resources (flood planner, water planner, and clerical). He stated the positions will perform the same functions as they did in water planning.
Senator Jacobsen noted that more storage space was being requested for maps and documents. Mr. Turnipseed replied that the Division of Water Resources is requesting the space. He pointed out the division has over 70,000 water rights files and it receives about 1,000 applications a year. He stated that some of the applications are supported by existing maps, but many of require new maps.
Senator Jacobsen asked how many square feet the Division of Water Planning presently occupies just for storage.
Hugh Ricci, P.E., State Engineer, State Environmental Commission, State Department of Conservation and Natural Resources, stated that the division presently has about 1,400 square feet where it stores both maps and water rights files. He explained there are map drawers that most people cannot reach, and that can only be reached by standing on a stool.
Senator Jacobsen asked whether those items are used on a daily basis. Mr. Ricci responded the files are accessed every day.
Senator Jacobsen asked what the division’s anticipated needs are for the next 2 years. Mr. Ricci replied that it has a request in the budget for an additional 1,212 square feet. He stated the same request has been in the budget for the last three sessions. He noted the only problem is that the space is never approved.
Water Planning CAP Improvement – Budget Page CNR-157 (Volume 3)
Budget Account 101-4155
Mr. Chapman summarized the overview, technical adjustments, and decision units outlined on pages 10 and 11 in Exhibit C.
Assemblywoman Chowning asked whether the Staff Engineer position that was vacant for 9 months has been filled. Mr. Chapman replied that it has been filled.
State Parks – Budget Page CNR-132 (Volume 3)
Budget Account 101-4162
Mark Krmpotic, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, distributed a supplemental handout for Budget Account 101-4162 (Exhibit D). He reviewed the decision items outlined on pages 13 through 15 of Exhibit C.
E-730 Maintenance of Bldgs & Grounds – Page CNR-138
Mr. Krmpotic pointed out that in the budget narrative for decision module E-730 reference was made to an additional $263,287 to be transferred to use for funding large maintenance and improvement projects, which are listed beginning on page 2 of Exhibit D. Mr. Krmpotic stated that staff recommends that $263,287 be included in the authority in this module, and that special consideration be given in the Authorized Expenditures Act to add language allowing the division to carry the balance forward from one year to the next in case those projects are not completed in the first year.
Mr. Marvel asked what the balance will be in the tourism reserve if all the recommended transfers are made.
Mr. Krmpotic replied that staff examined the tourism reserve regarding the effect of these transfers, and the balance in the reserve at the end of the biennium would be $1.1 million. To another question by Mr. Marvel, Mr. Krmpotic responded that the recommended transfers be amended in the parks budget to approximately $567,000 in Fiscal Year (FY) 2002 and approximately $600,000 in FY 2003. He noted that additional amendments have been recommended to place transfers in the Department of Museums, Library and Arts budget, but stated that he did not have those figures with him.
Mark W. Stevens, Assembly Fiscal Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, stated the total amount of money that is requested to come out of the tourism reserve is about $3.7 million. He said that would leave a balance of $1.1 million. He said that is based on the budget that was submitted by the Division of Tourism in The Executive Budget.
Mr. Parks asked whether any of the other budgets had been closed. Mr. Stevens replied that of the budgets that would include tourism transfer funds, he believed the Senate Committee on Finance and the Assembly Committee on Ways and Means closed the museum, library and arts budgets. He stated that the Division of State Parks budget is the only one left with the tourism transfers that he is aware of that need to close.
Mr. Parks pointed out that this action is something that may be done in this biennium only. He pointed out that in subsequent biennia there will be no reserves left. He asked whether other resources would need to be found at that time.
Mr. Stevens said that is correct. He reiterated that this is surplus one-time money replacing ongoing General Fund money. He stated that, unless tourism receipts far exceed the amounts projected in The Executive Budget, General Fund money or funds from some other revenue source will be needed to “fill that hole.”
Mr. Parks asked whether the Lake Tahoe license plate account was for approximately $30,000 per year.
Mr. Krmpotic stated that the Lake Tahoe license place account in The Executive Budget recommends $30,000 in transfers each year. He stated that the budget office has suggested the use of Lake Tahoe Environmental Improvement Program (EIP) bond interest in place of the license plate money.
Mr. Krmpotic noted that the forestry accounts, which closed earlier, were approved with the use of Lake Tahoe bond interest as a partial funding source for the position that was dedicated for the EIP in the Division of Forestry budget.
Mrs. Chowning inquired about Project 6, for the Valley of Fire State Park, indicated on page 3 of Exhibit D. She noted it includes funding from the Transportation Equity Act for the 21st Century (TEA-21). She asked why TEA-21 money can be used for a state park.
Mr. Krmpotic explained that TEA-21 funding is available for certain projects that qualify within the Division of State Parks. He recalled that one such project was a rest area at Spooner Summit.
Steve Weaver, Chief of Planning and Development, Division of State Parks, State Department of Conservation and Natural Resources, stated that he is a member of the State Transportation Technical Advisory Committee (STTAC) that provides citizen oversight of the distribution of TEA-21 money. He stated that there are a limited number of state park projects that are eligible for the transportation enhancement. He explained that there has to be a transportation relationship of one sort or another for a park project to be eligible. He pointed out that at the Valley of Fire State Park both of the main roads are designated state Scenic Byways, and because there are facilities that contribute towards providing tourist accommodations in terms of restrooms and picnic facilities, the park is eligible for the federal funds. He stated that any time his division has a project that is eligible for those funds the division attempts to obtain them. He explained that TEA‑21 is a 95 percent federally funded program and is one of the best programs available to use non-state funds for a state project.
Senator Jacobsen suggested that about 25 projects requested could be handled by inmate crews. He asked whether the Division of State Parks had ever submitted a list to the Division of Forestry to let them see what job the inmates could accomplish for parks. He pointed out that several of the jobs listed have been done in this way in other places.
Wayne R. Perock, Administrator, Division of State Parks, State Department of Conservation and Natural Resources, stated that the division continues to use inmates when they can. He said there is an inmate crew presently working on one of the rehabilitation projects in the Horse Thief Campground in Spring Valley State Park. He pointed out that frequently inmates are not available. He explained that if there is a big fire season the Division of State Parks is second in priority. He stated his division has been making efforts to coordinate with Nevada Division of Forestry and the Conservation Camps whenever they can. He pointed out that inmates perform a lot of labor-intensive tasks.
Senator Jacobsen asked whether there would be an advantage to the Division of State Parks if it reported to the Interim Finance Committee (IFC) on a quarterly basis with a presentation somewhat like public works uses so the committee can keep current. He also suggested that all members of the committee take a tour of the division’s projects so they could be made aware of the needs for those projects.
Mr. Perock stated that the parks division provides a quarterly report to the IFC on park improvements. He said he was unsure of what other things the committee might want.
Senator Jacobsen stated his concern is that the committee no longer takes tours of these projects and they seem to be “flying blind.” He stated that occasionally members of the committee hear from another legislator that a specific park needs some attention.
Mr. Perock indicated that there is always an open invitation to any legislator to visit the state parks. He encouraged the members of the committee to visit the parks in their districts. He stated that with some advance notice the regional manager would be present to show them more of what the division is doing. He stated that he would be interested in conducting tours for legislators because it helps both staff and the legislators.
Mr. Marvel asked whether the division had enough travel funds. Mr. Perock replied that the travel budget gets tight in the second year when the projects are under way.
Senator Jacobsen asked whether it would do any good for the committee to send a letter to the court stating that some action must be taken regarding the Bently-Dangberg property in Douglas County. He stated that the property is close to where he lives and he goes there on a weekly basis. He indicated that he is amazed at how it is deteriorating. He explained that the bunkhouse has no windows left in it.
Mr. Perock replied that he had talked to his Deputy Attorney General, George Taylor, who has talked to the owners’ attorney who had some reservations. He pointed out that both parties have to request action. He stated that there had been some good dialogue, and he expressed hope that there will be a proposal forthcoming. He stated that he is also interested in seeing the situation resolved.
ASSEMBLYMAN MARVEL MOVED TO CLOSE BUDGET 101-4162 WITH ADJUSTMENTS RECOMMENDED BY STAFF.
SENATOR JACOBSEN SECONDED THE MOTION.
Gary L. Ghiggeri, Senate Fiscal Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, stated that the staff has not made recommendations on the tourism money. He said the committee would have to take affirmative action on decision items 1, 4, 5, and 9, as well as on a separate category in item 8 for the receipt and flow through of the funds from tourism for a match for those special projects. He said language in the General Authorizations Act should be added to allow the division to balance forward money in the account.
Assemblyman Marvel clarified that his motion was intended to reflect the intentions indicated by Mr. Ghiggeri.
THE MOTION CARRIED. (ASSEMBLYMAN PERKINS WAS ABSENT FOR THE VOTE.)
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Water Planning – Budget Page CNR-147 (Volume 3)
Budget Account 101-4161
ASSEMBLYMAN MARVEL MOVED TO CLOSE BUDGET 101-4161 AS RECOMMENDED BY THE GOVERNOR.
ASSEMBLYWOMAN CHOWNING SECONDED THE MOTION.
THE MOTION CARRIED. (ASSEMBLYMAN PERKINS WAS ABSENT FOR THE VOTE.)
* * * * *
Water Planning CAP Improvement – Budget Page CNR-157 (Volume 3)
Budget Account 101-4155
ASSEMBLYMAN MARVEL MOVED TO CLOSE BUDGET 101-4155 WITH ADJUSTMENTS RECOMMENDED BY STAFF.
ASSEMBLYWOMAN DE BRAGA SECONDED THE MOTION.
THE MOTION CARRIED. (ASSEMBLYMAN PERKINS WAS ABSENT FOR THE VOTE.)
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BUDGET CLOSINGS – INFRASTRUCTURE
Transportation Administration – Budget Page NDOT-1 (Volume 3)
Budget Account 201-4660
Jim Rodriguez, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, reviewed the technical adjustments and closing issues on pages 16 through 17 of Closing List Number 6.
Assemblyman Parks asked whether the projected salary increase for the department’s engineering positions were proposed as part of a formal classification and compensation study conducted by the Department of Personnel.
Gerald Ross, Budget Administrator III, Department of Transportation (NDOT), stated that two studies were done. One, he said, was done by the Human Resources section of NDOT, and the other was done by the Department of Personnel. He pointed out that the disparity in salary between the local governments and NDOT appeared to be approximately 36 percent in both studies. He said he did not believe there was a formal reclassification study done on those positions by state personnel.
M-630 TEA-21 – Page NDOT-5
Assemblyman Parks expressed concern regarding decision unit M-630. He asked for an explanation regarding the discontinuation of the Para-transit vehicle and transportation program.
Mr. Ross replied the program is not being discontinued. He explained that it is being delayed somewhat at the moment. He stated that NDOT just received word from Senator Harry Reid’s office that $1.5 million will be forthcoming from Federal Transit Administration (FTA) funding and NDOT is currently trying to line up matching funding through the Welfare Division, the Bureau of Vocational Rehabilitation, and the Aging Services Division. He stated that his department would be coming before the IFC to establish that program some time in the first part of Fiscal Year 2002.
Mr. Rodriguez pointed out that there is currently no funding in any of these budgets for the Para-transit vehicle and transportation fund. He indicated that additional funding would have to be found.
Mr. Parks asked where those funds would come from. Mr. Rodriguez responded that within the NDOT it would probably be grant funding, but he expressed uncertainty about that.
Senator Neal asked why Nevada does not have facilities such as Burger King and gift shops located at highway rest areas as there are in other states. He pointed out that some rest areas are located many miles distant from towns.
Mr. Ross replied that he had never investigated using concessionaires within the rest stops. He suggested that the location of Nevada’s rest stops in such remote areas may make it less attractive than in more populated areas.
Senator Neal pointed out that Nevada touts itself as being a tourist area and he suggested that could be a way of improving the appearance of the state for tourism. Mr. Ross responded that such a proposal could be investigated.
M-200 Demographics/Caseload Changes – Page NDOT-3
Mrs. Chowning said she thought this budget should be held because of decision unit M-200. She pointed out there are 25 positions requested for which the legislative staff has not received any backup data supporting the need for these positions.
Assemblyman Parks stated that he concurred with Mrs. Chowning’s assessment.
Mr. Rodriguez stated there may be some confusion about the information concerning the positions in question. He stated that he did receive all the information from the agency. He said that what he was indicating in his overview is that it appears the positions being requested can be classified into two categories, one being positions requested to meet immediate demand, and the other being positions requested to meet anticipated demands. He stated that the question to the subcommittee would be whether to approve all the positions, only the positions needed to meet immediate demand, or positions that are in anticipation of expanded operations.
Mrs. Chowning stated that according to information supplied to the committee NDOT did not supply supportive documentation. She suggested that positions 1 through 15, as set forth on page 19 of the closing list, might be approved if there was adequate data. She noted no data was included for positions 16 through 24.
Mr. Ross stated his department provided extensive data on these positions. He said there was a detailed analysis of why the positions were needed in their budget submittal. He explained the information had been supplied in August, 2000. He indicated that he would be happy to work with the staff to provide additional details to address the query.
Mr. Parks expressed his appreciation that Mr. Ross will work with the Legislative Counsel Bureau staff on that matter.
The meeting was adjourned at 9:08 a.m.
RESPECTFULLY SUBMITTED:
Bob Williston
Committee Secretary
APPROVED BY:
David R. Parks, Chairman
DATE:
Senator Lawrence E. Jacobsen, Chairman
DATE: