MINUTES OF THE
SENATE Committee on Natural Resources
Seventy-First Session
March 14, 2001
The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 1:40 p.m., on Wednesday, March 14, 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
GUESS LEGISLATORS PRESENT:
Assemblywoman Marcia de Braga, Churchill, White Pine and part of Eureka and Lander Counties Assembly District No. 35
STAFF MEMBERS PRESENT:
Fred W. Welden, Committee Policy Analyst
Heather Miller, Committee Secretary
OTHERS PRESENT:
Ernest K. Nielson, Lobbyist, Washoe-Storey Conservation District
Pamela B. Wilcox, Acting Administrator, Division of Conservation Districts, State Department of Conservation and Natural Resources
Cheryl Blomstrom, Lobbyist, Nevada Chapter, Associated General Contractors
Helen A. Foley, Lobbyist, Clark County Health District
Phil Rosenquist, Assistant Director, Advanced Planning Division, Department of Comprehensive Planning, Clark County
Gary Milliken, Lobbyist, Associated General Contractors-Las Vegas
Andrew C. Goodrich, REM, Director, Air Quality Management Division, District Health Department, Washoe County
Tom Walbom, Environmental Compliance Manager, Granite Construction
Colleen Cripps, Chief, Bureau of Air Quality, Division of Environmental Protection, State Department of Conservation and Natural Resources
Jolaine Johnson, Deputy Administrator, Air, Mining and Water Programs, Division of Environmental Protection, State Department of Conservation and Natural Resources
Robert Lyle, Concerned Citizen
James Sohns, President, Nevada Car Owner’s Association
Joseph L. Johnson, Lobbyist, Toiyabe Chapter, Sierra Club
Elizabeth M. Pederson, Lobbyist, League of Women Voters of Nevada
Chairman Rhoads introduced BDR 26-396.
BILL DRAFT REQUEST 26-396: Revises provisions relating to lease of state land for residential purposes. (Later introduced as Senate Bill [S.B.] 358.)
SENATOR MCGINNESS MOVED TO INTRODUCE BDR 26-396.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rhoads introduced BDR 40-1180.
BILL DRAFT REQUEST 40-1180: Revises provisions governing disbursement of money from pollution control account. (Later introduced as S.B. 357.)
SENATOR MCGINNESS MOVED TO INTRODUCE BDR 40-1180.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 84.
ASSEMBLY BILL 84: Revises provisions governing conservation districts. (BDR 49-744)
Ernest K. Nielson, Lobbyist, Washoe-Storey Conservation District, testified in favor of A.B. 84, and explained several ways the amendments to the bill would alter the existing provisions. He said A.B. 84 expands the authority of what the districts can do in terms of repairing property. It also allows the districts to receive money from sources other than the federal and state governments.
Chairman Rhoads asked Mr. Nielson if there has been any change in direction or support from the current administration. Assemblywoman Marcia de Braga, Churchill, White Pine, and part of Eureka and Lander Counties Assembly District No. 35, came forward to answer at Mr. Nielson’s request. Assemblywoman de Braga answered there had always been support. Senator McGinness asked Assemblywoman de Braga about the land expansion mentioned in A.B. 84 and what the language pertained to, specifically. Assemblywoman de Braga responded that the expansion relates to conservation work. She said the language would lessen the red tape involved, but would still require permission of anyone who has an interest or right to the land in question. Mr. Nielson added A.B. 84 expands the ability to manage property on lands other than state government land.
Pamela B. Wilcox, Acting Administrator, Division of Conservation Districts, State Department of Conservation and Natural Resources, testified in favor of A.B. 84, stating districts would now be able to fill vacancies very quickly, as opposed to the 2 weeks which is the current time interval.
Senator Jacobsen asked Ms. Wilcox if there is presently a vacancy in any of the districts. Ms. Wilcox answered that she was not aware of any at present, but explained that under A.B. 84 the process will become much more efficient to fill any future available spaces. Senator Jacobsen and Ms. Wilcox discussed the relationship between districts and counties. (Ms. Wilcox distributed, but did not mention a handout [Exhibit C].)
Chairman Rhoads closed the hearing on Assembly Bill 84 and opened the hearing on Senate Bill 90.
SENATE BILL 90: Exempts certain persons who hold operating permits for certain sources of emissions of air contaminants from imposition of certain penalties under certain circumstances. (BDR 40-883)
Cheryl Blomstrom, Lobbyist, Nevada Chapter, Associated General Contractors, testified in favor of amending certain portions of S.B. 90, namely, the portion discussing operating permits for construction sites. Ms. Blomstrom suggested amending S.B. 90 to state that if a construction-site owner or operator holds a permit for disturbance of the site and is following its conditions, they cannot receive a monetary penalty should a problem like escaped air contaminants occur. She distributed a list of the proposed amendments to the committee (Exhibit D).
Helen A. Foley, Lobbyist, Clark County Health District, also testified in favor of the proposed amendments. She said if construction companies are indeed following the conditions of the permits, then the Clark County Health District will support the amendments. Chairman Rhoads and Ms. Foley discussed the language of the amendments.
Phil Rosenquist, Assistant Director, Advanced Planning Division, Department of Comprehensive Planning, Clark County, testified the proposed amendments (Exhibit D) are acceptable since they will not affect the state implementation plan (Particulate Matter, PM 10). Chairman Rhoads asked Mr. Rosenquist if a visual inspection is done to ensure a crew has adequate water tanks, trucks, and so on. Mr. Rosenquist answered he was unsure. Ms. Foley responded that Clark County does not have the staff required for that task. Senator James, Mr. Rosenquist and Ms. Foley discussed the language of the amendments for S.B. 90 in greater detail.
Gary Milliken, Lobbyist, Associated General Contractors, Las Vegas, testified in favor of S.B. 90, as amended.
Andrew C. Goodrich, REM, Director, Air Quality Management Division, District Health Department, Washoe County, testified in opposition to S.B. 90. Mr. Goodrich read from a prepared statement distributed to the committee members (Exhibit E). Senator James stated that Mr. Goodrich’s concerns have been addressed in the amendments of S.B. 90, and asked if he had seen a copy of the amendments. Mr. Goodrich responded that he had just received a copy, but was uncomfortable with the language and what it would mean to the Washoe County District Health Department. Chairman Rhoads suggested Mr. Goodrich contact the committee once he reread the amendments and deciphered their implications to the Washoe County Health Department. Mr. Goodrich consented.
Tom Walbom, Environmental Compliance Manager, Granite Construction, testified in opposition to the original language of S.B. 90, but said he supported the new amendments as proposed. He said the greatest benefit of S.B. 90 is the opportunity it will allow to solve a problem at a construction site through mitigation measures at the time of inspection. Senator James asked Mr. Walbom what was being accomplished by adding the new language into the law. Mr. Walbom responded S.B. 90 helps establish mitigation (when a complaint about a site is received) without going directly to the penalty phase. Senator James then asked when there would ever be a penalty. Mr. Walbom answered if the warnings and mitigations are not properly addressed or are ignored, that would be cause to warrant a violation.
Colleen Cripps, Chief, Bureau of Air Quality, Division of Environmental Protection, State Department of Conservation and Natural Resources, testified in opposition to the original language of S.B. 90, but said she supports the proposed amendments, as long as the existing regulation on dealing with fugitive dust remains. (Fugitive dust refers to dust from construction sites that, if not watered down and kept to a minimum, escapes and contaminates the air.) Ms. Cripps distributed a written statement (Exhibit F). Senator Jacobsen and Ms. Cripps discussed the scope of the fugitive-dust regulation. Senator James and Ms. Cripps discussed the actions taken when a violation is issued for causing fugitive dust.
Jolaine Johnson, Deputy Administrator, Air, Mining and Water Programs, Division of Environmental Protection, State Department of Conservation and Natural Resources, testified she was unsure if the new amendments applied to the fugitive-dust issue. Senator James reiterated that it did not apply. Mrs. Johnson responded that the intent of this law is directly related to construction sites and the control of fugitive dust, but the language is confusing. She voiced her concern that S.B. 90 relates to the authority of penalties issued for dust violations, and said she is not sure how the new language might affect that.
Robert Lyle, Concerned Citizen, said the new amendment to S.B. 90 would take away the force of the administrative regulation. Mr. Lyle stated he was opposed to the original and amended versions of S.B. 90. He said even with the new language, the prime goal of the bill is to protect public health. He pointed out there are very few people on staff in county and state governments who can enforce fugitive-dust penalties. Mr. Lyle explained that penalties for fugitive-dust violations were cheaper for construction-site workers than the purchase and maintenance of water trucks. He asked the committee to think of the residents near construction sites who suffer from negligent site operations that are technically in compliance with their permits.
James Sohns, President, Nevada Car Owner’s Association, testified in agreement with Mr. Lyle’s concerns. He stated the air-quality issue is far too important to be left on a complaint, warning, and small-penalty basis. Mr. Sohns also agreed that the county and state governments were ill-equipped to deal with the broad scope of the problem. Mr. Sohns distributed and read from a written statement (Exhibit G). He stated the passage of this bill, as he understood it, would violate the Clean Air Act Amendments of 1990. He said litigation against the state could ensue if this were the case.
Mrs. Johnson testified again in attempt to answer Senator James’ questions on the implications of the amendments. She said the statute and regulation involve air quality, and do not apply directly to the permit condition. She said the penalties could apply to anyone who violates a provision or regulation regarding air pollution control. She suggested meeting and discussing it further. Senator James disagreed with Mrs. Johnson’s interpretation, but agreed it warranted further discussion.
Joseph L. Johnson, Lobbyist, Toiyabe Chapter, Sierra Club, testified in opposition to the original wording of S.B. 90, and said he agreed with Senator James about the confusing language in the amendments. He said he was not opposed to the contractors’ interests, but he suggested the amendments did not alleviate his concerns on the fugitive-dust regulations. He asked to be included in any future discussions about amending the language.
Elizabeth M. Pederson, Lobbyist, League of Women Voters of Nevada, testified she was confused by the wording and ramifications of the new amendments. She stated she was also concerned with the idea of taking away the penalty. She said the penalties serve as dissuasion to violate the Clean Air Act, and without penalties dust emission could increase. Ms. Pederson mentioned several health problems caused or exacerbated by dust emission. She distributed some of this health information and her written testimony to the committee (Exhibit H). She asked the committee to consider these problems when amending S.B. 90.
Chairman Rhoads appointed a subcommittee chaired by Senator James, Senator McGinness and Senator Shaffer. As there was no further business, Chairman Rhoads adjourned the meeting at 2:40 p.m.
Heather Miller,
Committee Secretary
APPROVED BY:
Senator Dean A. Rhoads, Chairman
DATE: