MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

March 21, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 2:10 p.m., on Wednesday, March 21, 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

 

STAFF MEMBERS PRESENT:

 

Fred W. Welden, Committee Policy Analyst

Heather Miller, Committee Secretary

 

OTHERS PRESENT:

 

Daryl Capurro, Lobbyist, Managing Director, Nevada Motor Transport Association

Sasha Thurman, Lobbyist, Nevada Chapter, Associated General Contractors

Verne Rosse, P.E., Deputy Administrator, Corrective Actions, Federal Facilities and Waste Management Programs, Division of Environmental Protection, Nevada Department of Conservation and Natural Resources

 

Chairman Rhoads announced for the record that Senator Carlton was testifying before the Senate Committee on Government Affairs, and she and the other Senators would be arriving shortly.  Chairman Rhoads then announced that Senate Bill (S.B.) 344 had been withdrawn from the hearing.

 

SENATE BILL 344:  Makes various changes relating to underground water.  (BDR 48-956)

 

Chairman Rhoads opened the hearing on Bill Draft Request (BDR) 32-1473 (Exhibit C).

 

BILL DRAFT REQUEST 32-1472:  Imposes additional tax on transfer of real property for certain purpose.  (Later introduced at Senate Bill 468.)

 

SENATOR MCGINNESS MOVED TO INTRODUCE BDR 32-1473.

 

SENATOR JAMES SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads then asked for the introduction of BDR 45-1224 (Exhibit D).

 

BILL DRAFT REQUEST 45-1224:  Requires board of wildlife commissioners to establish maximum number of deer and antelope tags which may be issued annually as compensation for damage to private property.  (Later introduced as Senate Bill 467.)

 

SENATOR JACOBSEN MOVED TO INTRODUCE BDR 45-1224.

 

SENATOR MCGINNESS SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads opened the hearing on S.B. 327.

 

SENATE BILL 327:  Revises provisions relating to certain hazardous materials. (BDR 40-164)

 

Daryl Capurro, Lobbyist, Managing Director, Nevada Motor Transport Association, testified in favor of S.B. 327, giving a brief history on the rewrite on the hazardous material laws.  He stated S.B. 327 is mostly cleanup.  Mr. Capurro then went into the language of S.B. 327.  He said the major changes were written in sections 1, 2, and parts of section 3.  He said the law, up to this point, had given dual authority to the Division of Environmental Protection (DEP) and the Nevada Highway Patrol Division (of the Department of Motor Vehicles and Public Safety) to adopt regulations on transportation.  Mr. Capurro proposed the committee remove the Division of Environmental Protection’s right to regulate transportation.  He also proposed that the section on the highway patrol’s authority be removed because he said it is unnecessary.  He said the DEP would still be able to govern the packing and labeling of hazardous waste in a manner consistent with regulations.  Mr. Capurro then said the language “including the safety of vehicles and drivers” on page 2, line 19, be bracketed out. 

 

Mr. Capurro mentioned he was concerned about the amendments proposed by Mr. Verne Rosse.  Mr. Capurro felt Mr. Rosse’s amendments would invalidate the bill and he was opposed to them.  He gave his reasons as to why he believed Mr. Rosse’s proposed amendments would not work, but did voice he would be amenable to certain changes. 

 

Chairman Rhoads confirmed that dual authority had existed for 10 years.  Mr. Capurro affirmed it had.  Chairman Rhoads then asked if the highway patrol had written regulations right away.  Mr. Capurro affirmed it had, adding the DEP had not done so. 

 

Sasha Thurman, Lobbyist, Nevada Chapter Associated General Contractors (AGC), testified in favor of S.B. 327, stating it would streamline the accountability process, allowing the AGC to answer to only one agency.

 

Senator Jacobsen asked Mr. Capurro if there are truckers who are presently moving hazardous materials, and if so, what are the requirements.  Mr. Capurro answered the highway patrol issues permits under Nevada Revised Statutes (NRS) 459.001 to 459.700.  He said these permits allow for safe, consistent handling and permitting systems for the transportation of hazardous materials.  If the truckers are not carrying the permit, there are very stiff fines for the violation.  Senator Jacobsen asked Mr. Capurro if there have been any spills or problems to date.  Mr. Capurro responded there have been spills, but they were caught and contained by recovery teams.  Senator Coffin asked Mr. Capurro if combination trucks are used to carry hazardous materials.  Mr. Capurro affirmed they sometimes are, and elaborated that many products, including hairspray and Drano, are considered as hazardous materials when carried in bulk.  Senator Coffin and Mr. Capurro discussed how states handle interstate transportation. 

 

Verne Rosse, P.E., Deputy Administrator, Corrective Actions, Federal Facilities and Waste Management Programs, Division of Environmental Protection, State Department of Conservation and Natural Resources, began his testimony by articulating why the DEP opposes Mr. Capurro’s proposed amendments.  He stated the DEP is not interested in the safety or the operation of the truck itself, or the driver.  He said the packaging of the waste on the truck was the primary concern.  Chairman Rhoads asked Mr. Rosse how the Highway Patrol learns of the trucks carrying hazardous waste.  Mr. Rosse responded they do not have any prior knowledge of these vehicles, but can stop them at random.  Mr. Rosse suggested including amendments that would qualify his agency’s authority in regard to transportation.  Chairman Rhoads asked Mr. Rosse if he would work with Mr. Capurro and try to invent some acceptable language.  Mr. Rosse responded he could. 

 

Senator Jacobsen asked if there was any merit in trying to track hazardous waste as it moved through the state via trucks.  Mr. Rosse answered if wastes are generated in this state and exported, copies of the manifests are given to the importing state as well as to Nevada.  The same happens when waste is imported to Nevada. 

 

Mr. Capurro came forward again to respond to Mr. Rosse’s statement.  He stated that some hazardous waste shipments would not be manifested or noticed.  Factors like weight, type, and a number of other things determine if prior notice will be given. 

 

Chairman Rhoads closed the hearing on S.B. 327 and opened the work session on Assembly Bill (A.B.) 84.

 

ASSEMBLY BILL 84:  Revises provisions governing conservation districts. (BDR 49-744)

 

Chairman Rhoads stated there were no amendments to the bill and no opposition stated.

 

 

SENATOR MCGINNESS MOVED TO DO PASS A.B. 84.

 

SENATOR JACOBSEN SECONDED THE MOTION.

 

THE MOTION PASSED UNANIMOUSLY.

 

*****

 

As there was no further business, Chairman Rhoads adjourned the meeting at 2:31 p.m.

 

 

 

                                                                                           RESPECTFULLY SUBMITTED:

 

 

 

Heather Miller,

Committee Secretary

 

 

APPROVED BY:

 

 

                       

Senator Dean A. Rhoads, Chairman

 

 

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