MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

March 28, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 1:40 p.m., on Wednesday, March 28, 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 Maggie Carlton

 

COMMITTEE MEMBERS ABSENT:

 

Senator Bob Coffin (Excused)

 

OTHER LEGISLATIVE MEMBERS PRESENT:

 

Assemblyman Greg Brower, Carson City and Washoe County Assembly District No. 37

 

STAFF MEMBERS PRESENT:

 

Fred W. Welden, Committee Policy Analyst

Heather Miller, Committee Secretary

 

OTHERS PRESENT:

 

Pamela B. Wilcox, Administrator and State Land Registrar, Division of State Lands, State Department of Conservation and Natural Resources

James Lawrence, Lake Tahoe Program Coordinator, Division of State Lands, State Department of Conservation and Natural Resources

Andy Chisari, President, Lake Village Homeowners

Pam Drum, Ombudsman, Environmental Coordinator, Tahoe Regional Planning Agency

Steve Teshara, Executive Director, Lake Tahoe Gaming Alliance, and Representative, Lake Tahoe Transportation and Water Quality Coalition

Suzanne Lundahl, Concerned Citizen

 

 

Chairman Rhoads opened the hearing and stated for the record that Senator Coffin was excused from the meeting.  He opened the hearing on Assembly Bill (A.B.) 176 and Senate Bill (S.B.) 117.  Because they were duplicate bills, both A.B. 176 and S.B. 117 were considered together.  (Exhibit C.  Original is on file in the Research Library.)

 

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

 

SENATE BILL 117:  Revises provisions relating to carrying out certain programs in Lake Tahoe Basin. (BDR 26-395)

 

Pamela B. Wilcox, Administrator and State Land Registrar, Division of State Lands, State Department of Conservation and Natural Resources, testified in favor of A.B. 176 and gave a brief history of how the bill came into being.  Chairman Rhoads asked Ms. Wilcox if this program was the work of ex-President William Jefferson Clinton.  Ms. Wilcox affirmed it was. 

 

James Lawrence, Lake Tahoe Program Coordinator, Division of State Lands, State Department of Conservation and Natural Resources, gave a brief overview of the environmental improvement program in a Microsoft PowerPoint presentation, “State of Nevada Lake Tahoe Environmental Improvement Projects Status, February 2001”(Exhibit D).  Mr. Lawrence said Lake Tahoe has been losing approximately 1 foot of clarity per year for the last 30 years.  He insisted immediate action had to be taken to stop this trend, or else it would soon become irreversible.  Chairman Rhoads asked Mr. Lawrence if the contamination rate of the lake was increasing or decreasing.  Mr. Lawrence answered the rate fluctuates every year. 

 

Mr. Lawrence continued his presentation with a list of the various contaminants, including urban runoff from streets and subdivisions, erosion from the road-cut slopes, loss of stream zones, loss of wildlife habitat, and poor forest health conditions.  He went into detail on funds allocated from license plate funds and bond sales used to restore stream zones and fight erosion areas.  He said the amount from the license plate fund, which would be used in future projects, is estimated at $300,000 for 2001.  He also mentioned pending projects along the Lake Tahoe beaches, which include water quality improvements, specifically erosion control.  Several groups will be participating in these projects, including Washoe County, the Division of State Lands, the Division of Wildlife, the Division of State Parks, and the Division of Forestry.  Mr. Lawrence explained the maximum benefit to the environment would be gained with the involvement of all of these groups.  He briefly touched on other activities happening outside of Nevada’s jurisdiction with the California and federal governments. 

 

Mr. Lawrence turned the discussion to the Lake Tahoe programs funding request for the next biennium.  He noted the largest request was for project grants, which totaled $9.3 million.  Chairman Rhoads asked how the projects are executed since the proposed bill allows private citizens to act as well.  Ms. Wilcox answered these projects are on hold unless private citizens use their own money.  They do not qualify for these funds until the bill goes through.  Chairman Rhoads confirmed A.B. 176 would allow the Division of State Lands to use private contractors.  Ms. Wilcox answered the division had that ability already, but could not organize projects on private land. 

 

Mr. Lawrence concluded his Microsoft PowerPoint presentation.

 

Chairman Rhoads asked what the total amount of money was that the federal government contributed to this project.  Ms. Wilcox answered the federal government was asked to contribute $285 million over a 10-year period.  The first $50 million was committed by then-President Clinton when he visited Lake Tahoe.  Since then, small sums had come from various places until the Lake Tahoe Restoration Act passed.  This will commit the requested funds for the program, though Ms. Wilcox admitted every year they must go back and request the funds again.  Chairman Rhoads asked if the effects on the lake would reverse if every project on the agenda were accomplished.  Ms. Wilcox responded that while the effects may not reverse, actions must be taken immediately to avoid any further damage. 

 

Assemblyman Greg Brower, Assembly District No. 37, testified in favor of A.B. 176, stating he had an interest in these proceedings as the chairman of the interim committee that oversees the Tahoe Regional Planning Agency (TRPA).  Senator Jacobsen asked Assemblyman Brower for a quick explanation of the interim committee and what he thought of the actions proposed.  Assemblyman Brower complied.  Senator Jacobsen commented he had tried in the past to coordinate meetings between California and Nevada representatives to discuss these problems.  Assemblyman Brower agreed, stating he and Fred Welden, Committee Policy Analyst, had met with California representatives previously for that purpose. 

 

Ms. Wilcox then read from a prepared statement that summarized the implementation of A.B. 176, should it pass (Exhibit E).  Senator Jacobsen asked if there were any federal funds that were a result of the summit that may be forthcoming.  Ms. Wilcox affirmed there were. 

 

Senator Carlton asked what would happen if consent from private property owners was not given to fix a problem on their land.  Assemblyman Brower said it had been discussed, but that issue had not come up yet.  Ms. Wilcox agreed that private citizens have shown no resistance to implementing projects on their land.  Senator Carlton asked what the definitions were between private and public benefit, since the money was to be used for public benefit.  Ms. Wilcox answered the bill required the development of regulations, and the future language will be quite specific. 

 

Andy Chisari, President, Lake Village Homeowners, testified in full support of A.B. 176 and gave a brief description of the erosion problems he and his homeowner association face living at Lake Tahoe.  He expressed frustration over past attempts to remedy the problems themselves, only to discover their proposals were illegal under Douglas County law.  These proposed actions included slope restoration, revegetation, and low water irrigation to their development in order to prevent sediment from entering the lake.  He noted their project, if implemented, would keep millions of pounds of sediment out of the lake.  Mr. Chisari said he understood rules for compliance would be needed, but the project and the volunteers are ready to go forward.  He expressed a hope for government and private citizens to work together on this. 

 

Pam Drum, Ombudsman, Environmental Education Coordinator, Tahoe Regional Planning Agency, testified in favor A.B. 176 and 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)

 

Ms. Drum answered a previous question of Chairman Rhoads, stating there was indeed a water clarity model being developed at the University of California, Davis.  She mentioned private property owners are held responsible for environmental improvement on their property.  A.B. 176 would be helpful in enforcing this, should the need arise, she said.  Chairman Rhoads asked if any of the fund money could be used to build roads.  Ms. Wilcox responded those funds are only available for environmental improvements. 

 

Steve Teshara, Executive Director, Lake Tahoe Gaming Alliance, and Representative, Lake Tahoe Transportation and Water Quality Coalition, testified in favor of A.B. 176, A.J.R. 4 and S.B. 117, noting it was great that both government officials and homeowners seem eager to start the improvements.  He mentioned California and Nevada efforts to work together on this mutual problem of Lake Tahoe contamination. 

 

Suzanne Lundahl, Concerned Citizen, identified herself as a Tahoe homeowner and testified in favor of A.B. 176.  She stated erosion and flooding have been a problem in the subdivision of Lincoln Park, her residential area.  She explained the problems she had in her cleanup attempts since she was not part of a homeowner association and could not proceed without government approval.  She asked the committee to consider this problem when voting on A.B. 176.  She provided photographs of the flooding for the committee (Exhibit F).

 

Chairman Rhoads closed the hearing on A.B. 176 and S.B. 177 and opened the hearing on A.J.R. 4. 

 

Assemblyman Brower testified in favor of A.J.R. 4, stating California deserves Nevada’s recognition in the form of this resolution.  He said the amounts of money and commitment California has spent in its effort are considerable, therefore commendable.  Ms. Wilcox added that California had Lake Tahoe environmental programs in place before Nevada had, and it shared generously in information and experience.  Both Assemblyman Brower and Ms. Wilcox gave particular praise to Dennis T. Mechita, Executive Director of the California Tahoe Conservancy.

 

Senator Jacobsen indicated he would like to know various numbers regarding Lake Tahoe, such as the snowpack amount, the population, and other details.  Assemblyman Brower and Ms. Wilcox assured him they would get him any information he needed regarding changing lake levels.

 

Chairman Rhoads adjourned the meeting at 2:26 p.m.

 

 

                                                                                        RESPECTFULLY SUBMITTED:

 

 

 

Heather Miller,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Dean A. Rhoads, Chairman

 

 

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