MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

April 23, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 2:30 p.m., on Monday, April 23, 2001, in Room 2144 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.

 

COMMITTEE MEMBERS PRESENT:

 

Senator Dean A. Rhoads, Chairman

Senator Lawrence E. Jacobsen, Vice Chairman

Senator Mike McGinness

Senator Mark A. James

Senator Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

 

GUEST LEGISLATORS PRESENT:

 

Assemblyman John C. Carpenter, Elko County Assembly District No. 33

Assemblywoman Marcia de Braga, Churchill, White Pine, part of Eureka, and part of Lander Counties Assembly District No. 35

 

STAFF MEMBERS PRESENT:

 

Fred W. Welden, Committee Policy Analyst

Heather Miller, Committee Secretary

 

OTHERS PRESENT:

 

Allen Biaggi, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources

Leo Drozdoff, Chief, Bureau of Water Pollution Control, Division of Environmental Protection, State Department of Conservation and Natural Resources

Stephanie Licht, Lobbyist, Elko County Board of Commissioners

Lee M. Lawrence, Agriculturist, Pest Control Licensing/Regulation, State Department of Agriculture

 

Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 29. 

 

ASSEMBLY BILL 29:  Requires director of state department of conservation and natural resources to conduct independent investigation before making certain determinations concerning control of water pollution under certain circumstances. (BDR 40-21)

 

Assemblyman John C. Carpenter, Elko County Assembly District No. 33, testified in support of A.B. 29, stating it would provide the U.S. Environmental Protection Agency (EPA) with commencing a civil action, injunction, or instituting a criminal prosecution.  He said the EPA would investigate any reports of water pollution before proceeding. 

 

Chairman Rhoads asked if the language in line 3 was referring to the Attorney General or the federal agencies.  Assemblyman Carpenter answered it referred to the “Nevada EPA.”  Chairman Rhoads and Assemblyman Carpenter discussed an example of polluted water and what protocols had been used in that instance.  Chairman Rhoads asked what A.B. 29 would accomplish.  Assemblyman Carpenter answered the EPA could go to a suspected site with its own personnel and investigate.  Chairman Rhoads asked what warranted an investigation.  Assemblyman Carpenter replied a violation reported by phone would be sufficient. 

 

Senator McGinness asked Assemblyman Carpenter if the EPA would strictly rely on the complaints for investigations.  Assemblyman Carpenter replied a complaint from a citizen or an EPA suspicion could launch an investigation of an area, especially with public health at risk. 

 

Allen Biaggi, Administrator, Division of Environmental Protection (DEP), State Department of Conservation and Natural Resources, stated the present language of A.B. 29 is acceptable to the DEP.  Mr. Biaggi agreed the use of EPA personnel in water pollution investigations was the best solution. 

 

Chairman Rhoads asked Mr. Biaggi what the past procedure for water pollution investigations involved.  Mr. Biaggi responded the past procedure entailed the county of an alleged contaminated site had to obtain a permit to do the work. 

 

Chairman Rhoads asked Leo Drozdoff, Chief, Bureau of Water Pollution Control, Division of Environmental Protection, State Department of Conservation and Natural Resources, if he had anything to add.  Mr. Drozdoff replied he would answer any questions, but had no testimony. 

 

Senator James voiced his concerns on some of the language in A.B. 29.  He asked Mr. Biaggi if he was subject to the Administrative Procedures Act (APA).  Mr. Biaggi affirmed he was.  Senator James and Mr. Biaggi discussed the implicitness of the existing law and how it applied to A.B. 29.  Mr. Biaggi said A.B. 29 simply outlined actions the DEP should undertake before determining whether to commence an order, a civil action, or injunctive relief.  Senator James pointed out A.B. 29 does not apply to civil penalties and criminal penalties.  Mr. Biaggi replied he was not sure that it did not. 

 

Senator Jacobsen asked Mr. Biaggi how a complaint would be processed.  Mr. Biaggi answered the DEP receives many complaints and there is staff designated to follow up on each instance and determine the accuracy and severity of each case.  He said the course of action is decided pending those conclusions. 

 

Chairman Rhoads asked what authority A.B. 29 bestows on the DEP.  Mr. Biaggi replied it does not provide any additional authority. 

 

Senator Jacobsen asked Mr. Biaggi if any proof was needed to investigate a complaint.  Mr. Biaggi said the complaint was enough to warrant concern for public health.  Senator Jacobsen asked if the instance was documented if the accusation proved false.  Mr. Biaggi answered all investigations, true or false, are documented. 

 

Senator James asked Mr. Biaggi how section 1, lines 11-13 worked.  Mr. Biaggi answered that section of A.B. 29 asks for submission of quarterly water quality information to the DEP by the permit holder. 

 

Stephanie Licht, Lobbyist, Elko County Board of Commissioners, testified in full support of A.B. 29. 

 

Chairman Rhoads closed the hearing on A.B. 29 and opened the hearing on A.B. 30.

 

ASSEMBLY BILL 30:  Revises amount of insurance coverage required for license to apply pesticides. (BDR 49-372)

 

Assemblywoman Marcia de Braga, Churchill, White Pine, part of Eureka, and part of Lander Counties Assembly District No. 35, testified in support of A.B. 30, briefly explaining what the bill would revise.  She said A.B. 30 had been drafted to address the problem of people being harmed by misdirected spray from planes spraying pesticides. 

 

Chairman Rhoads asked how damaged a person had to be for the guilty party to be fined.  Assemblywomen de Braga answered this was just a liability insurance policy, not a fine. 

 

Senator McGinness asked Assemblywoman de Braga how the financial range of above $10,000 and below $200,000 was chosen.  Assemblywoman de Braga answered it might later be set at $20,000.  She pointed out if a crop duster crashed into a house, killing all of the occupants, the coverage would only go to $10,000, which is the current maximum coverage.  Senator McGinness asked if any crop dusters had testified against this action.  Assemblywoman de Braga answered none had testified.

 

Senator Coffin asked if this only applied to aircraft.  Assemblywoman de Braga affirmed that it did.  A discussion ensued on the new maximum coverage.  Senator Coffin asked if a plane owner and the pilot share liability if they are not one and the same.  Assemblywoman de Braga answered the liability belonged to whomever owns the license. 

 

Lee M. Lawrence, Agriculturist, Pest Control Licensing/Regulation, State Department of Agriculture, testified in favor of A.B. 30, reading from a prepared handout distributed to the committee (Exhibit C).  He suggested the minimum coverage be raised from $10,000 to $20,000. 

 

Chairman Rhoads closed the hearing on A.B. 30 and opened the work session on A.B. 176.

 

ASSEMBLY BILL 176:  Revises provisions relating to carrying out certain programs in Lake Tahoe Basin. (BDR 26-700)

 

Fred W. Welden, Committee Policy Analyst, explained the intent and applications of A.B. 176, referring to a handout distributed to the committee (Exhibit D). 

 

SENATOR SHAFFER MOVED TO DO PASS A.B. 176.

 

SENATOR MCGINNESS SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads opened the work session on Assembly Joint Resolution (A.J.R.) 4. 

 

ASSEMBLY JOINT RESOLUTION 4:  Commends State of California and California Tahoe Conservancy for efforts pertaining to carrying out Environmental Improvement Program in Lake Tahoe Basin. (BDR R-702)

 

 Mr. Welden explained the intent and applications of A.J.R. 4. 

 

SENATOR MCGINNESS MOVED TO DO PASS A.J.R. 4.

 

SENATOR JAMES SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

 

 

 

 

 

 

 

 

 

 

Chairman Rhoads adjourned the meeting at 3:07 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Heather Miller,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Dean A. Rhoads, Chairman

 

 

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