Assembly Bill No. 284–Committee on Natural Resources, Agriculture, and Mining

 

(On Behalf of Clark County)

 

March 6, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions governing emissions from certain heavy-duty motor vehicles and construction equipment. (BDR 40‑390)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to air pollution; authorizing the establishment in certain counties of programs for the control of emissions from certain construction equipment and visibility standards for air quality; revising the provisions governing the deposit of administrative penalties collected in such counties for certain violations; providing in such counties for the control of emissions from heavy-duty motor vehicles that are powered by diesel fuel; including such heavy-duty motor vehicles in the compulsory inspection program for motor vehicles; clarifying certain provisions relating to the compulsory inspection program; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 445B of NRS is hereby amended by adding thereto

1-2  a new section to read as follows:

1-3    “Heavy-duty motor vehicle” means a motor vehicle that has a

1-4  manufacturer’s gross vehicle weight rating of 8,500 pounds or more.

1-5    Sec. 2.  NRS 445B.500 is hereby amended to read as follows:

1-6    445B.500  1.  Except as otherwise provided in this section and in NRS

1-7  445B.310:

1-8    (a) The district board of health, county board of health or board of

1-9  county commissioners in each county whose population is 100,000 or more

1-10  shall establish a program for the control of air pollution and administer the

1-11  program within its jurisdiction unless superseded.

1-12    (b) The program must:

1-13      (1) Include standards for the control of emissions, emergency

1-14  procedures and variance procedures established by ordinance or local

2-1  regulation which are equivalent to or stricter than those established by

2-2  statute or state regulation; and

2-3       (2) Provide for adequate administration, enforcement, financing and

2-4  staff.

2-5    (c) The district board of health, county board of health or board of

2-6  county commissioners is designated as the air pollution control agency of

2-7  the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and

2-8  the [federal act] Federal Act insofar as it pertains to local programs, and

2-9  that agency is authorized to take all action necessary to secure for the

2-10  county the benefits of the [federal act.

2-11    (d) Powers] Federal Act.

2-12    (d) The powers and responsibilities provided for in NRS 445B.210,

2-13  445B.240 to 445B.450, inclusive, 445B.560, 445B.570, 445B.580 and

2-14  445B.640 are binding upon and inure to the benefit of local air pollution

2-15  control authorities within their jurisdiction.

2-16    2.  The district board of health, county board of health or board of

2-17  county commissioners in each county whose population is 400,000 or

2-18  more may:

2-19    (a) Establish a program for the control of emissions from construction

2-20  equipment that is powered by diesel fuel, used primarily off-road and

2-21  operated within the county, and adopt such regulations and impose such

2-22  fees as are necessary to carry out the program; and

2-23    (b) Establish visibility standards for air quality in the county and

2-24  adopt such regulations as are necessary to achieve those standards.

2-25    3.  The local air pollution control board shall carry out all provisions of

2-26  NRS 445B.215 with the exception that notices of public hearings must be

2-27  given in any newspaper, qualified pursuant to the provisions of chapter 238

2-28  of NRS, once a week for 3 weeks. The notice must specify with

2-29  particularity the reasons for the proposed regulations and provide other

2-30  informative details. NRS 445B.215 does not apply to the adoption of

2-31  existing regulations upon transfer of authority as provided in NRS

2-32  445B.610.

2-33    [3.] 4. In a county whose population is 400,000 or more, the local air

2-34  pollution control board may delegate to an independent hearing officer or

2-35  hearing board its authority to determine violations and levy administrative

2-36  penalties for violations of the provisions of NRS 445B.100 to 445B.450,

2-37  inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adopted

2-38  pursuant to those sections. If such a delegation is [made, 17.5 percent of] :

2-39    (a) In effect, any penalty collected must be deposited in the county

2-40  treasury in an account to be administered by the local air pollution control

2-41  board . [to a maximum of $17,500 per year. The money in the account may

2-42  only be used to defray the administrative expenses incurred by the local air

2-43  pollution control board in enforcing the provisions of NRS 445B.100 to

2-44  445B.640, inclusive. The remainder of the penalty]

2-45    (b) Not in effect, any penalty collected must be deposited in the county

2-46  school district fund of the county where the violation occurred.

2-47    [4.] 5. Any county whose population is less than 100,000 or any city

2-48  may meet the requirements of this section for administration and

2-49  enforcement through cooperative or interlocal agreement with one or more

3-1  other counties, or through agreement with the state, or may establish its

3-2  own program for the control of air pollution. If the county establishes such

3-3  a program, it is subject to the approval of the commission.

3-4    [5.] 6. No district board of health, county board of health or board of

3-5  county commissioners may adopt any regulation or establish a compliance

3-6  schedule, variance order or other enforcement action relating to the control

3-7  of emissions from plants which generate electricity by using steam

3-8  produced by the burning of fossil fuel.

3-9    [6.] 7. For the purposes of this section, “plants which generate

3-10  electricity by using steam produced by the burning of fossil fuel” means

3-11  plants that burn fossil fuels in a boiler to produce steam for the production

3-12  of electricity. The term does not include any plant which uses technology

3-13  for a simple or combined cycle combustion turbine, regardless of whether

3-14  the plant includes duct burners.

3-15    Sec. 3.  NRS 445B.700 is hereby amended to read as follows:

3-16    445B.700  As used in NRS 445B.700 to 445B.845, inclusive, and

3-17  section 1 of this act, unless the context otherwise requires, the words and

3-18  terms defined in NRS 445B.705 to 445B.758, inclusive, and section 1 of

3-19  this act have the meanings ascribed to them in those sections.

3-20    Sec. 4.  NRS 445B.770 is hereby amended to read as follows:

3-21    445B.770  1.  In any county whose population is 100,000 or more, the

3-22  commission shall, in cooperation with the department of motor vehicles

3-23  and public safety and any local air pollution control agency, adopt

3-24  regulations for the control of emissions from motor vehicles in areas of the

3-25  county designated by the commission. In any county whose population is

3-26  400,000 or more, the regulations must specifically provide for the control

3-27  of emissions from heavy-duty motor vehicles that are powered by diesel

3-28  fuel.

3-29    2.  In any county whose population is less than 100,000, if the

3-30  commission determines that it is feasible and practicable to carry out a

3-31  program of inspecting and testing motor vehicles and systems for the

3-32  control of emissions from motor vehicles, and if carrying out the program

3-33  is deemed necessary to achieve or maintain the prescribed standards for the

3-34  quality of ambient air in areas of the state designated by the commission,

3-35  the commission shall, in cooperation with the department of motor vehicles

3-36  and public safety and any local air pollution control agency established

3-37  [under] pursuant to NRS 445B.500 which has jurisdiction in a designated

3-38  area, adopt regulations and transportation controls as may be necessary to

3-39  carry out the program.

3-40    3.  The regulations [shall] must distinguish between light-duty and

3-41  heavy-duty motor vehicles and may prescribe:

3-42    (a) Appropriate criteria and procedures for the approval, installation and

3-43  use of devices for the control of emissions from motor vehicles; and

3-44    (b) Requirements for the proper maintenance of such devices and motor

3-45  vehicles.

3-46    4.  The regulations [shall] must establish:

3-47    (a) Requirements by which the department of motor vehicles and public

3-48  safety shall license authorized stations to inspect, repair, adjust and install

3-49  devices for the control of emissions for motor vehicles, including criteria

4-1  by which any person may become qualified to inspect, repair, adjust and

4-2  install those devices.

4-3    (b) Requirements by which the department of motor vehicles and public

4-4  safety may license an owner or lessee of a fleet of three or more vehicles as

4-5  a fleet station if the owner or lessee complies with the regulations of the

4-6  commission. The fleet station shall only certify vehicles which constitute

4-7  that fleet.

4-8    (c) Requirements by which the department provides for inspections of

4-9  motor vehicles owned by this state and any of its political subdivisions.

4-10    5.  The commission shall consider, before adopting any regulation or

4-11  establishing any criteria pursuant to paragraph (a) of subsection 3:

4-12    (a) The availability of devices adaptable to specific makes, models and

4-13  years of motor vehicles.

4-14    (b) The effectiveness of those devices for reducing the emission of each

4-15  type of air pollutant under conditions in this state.

4-16    (c) The capability of those devices for reducing any particular type or

4-17  types of pollutants without significantly increasing the emission of any

4-18  other type or types of pollutant.

4-19    (d) The capacity of any manufacturer to produce and distribute the

4-20  particular device in such quantities and at such times as will meet the

4-21  estimated needs in Nevada.

4-22    (e) The reasonableness of the retail cost of the device and the cost of its

4-23  installation and maintenance over the life of the device and the motor

4-24  vehicle.

4-25    (f) The ease of determining whether any such installed device is

4-26  functioning properly.

4-27    Sec. 5.  NRS 445B.780 is hereby amended to read as follows:

4-28    445B.780  1.  The commission shall, by regulation, establish a

4-29  program for the regulation of smoke and other emissions by inspection of

4-30  heavy-duty motor vehicles that are powered by [diesel fuel or] gasoline.

4-31  The program must be substantially similar to the program established in the

4-32  State of California.

4-33    2.  The director of the state department of conservation and natural

4-34  resources shall review each amendment, repeal or other revision of a law or

4-35  regulation of the State of California relating to the program established

4-36  pursuant to subsection 1 to determine its appropriateness for this state. The

4-37  director shall recommend to the commission any such provisions which he

4-38  deems necessary or appropriate to ensure that the program remains

4-39  substantially similar to the program established in the State of California.

4-40    3.  The commission shall adopt regulations concerning:

4-41    (a) The equipment used to measure smoke and other emissions of

4-42  heavy-duty motor vehicles.

4-43    (b) The granting of a waiver from the provisions adopted by reference

4-44  in this section, if compliance involves repair and equipment costs which

4-45  exceed the limits established by the commission. The commission shall

4-46  establish the limits in a manner which avoids unnecessary financial

4-47  hardship to owners of heavy-duty motor vehicles.

5-1    [4.  As used in this section, a “heavy-duty motor vehicle” means a

5-2  motor vehicle that has a manufacturer’s gross vehicle weight rating of

5-3  8,500 pounds or more.]

5-4    Sec. 6.  NRS 445B.795 is hereby amended to read as follows:

5-5    445B.795  The authority set forth in NRS 445B.770 providing for a

5-6  compulsory inspection program is limited as follows:

5-7    1.  In a county whose population is 100,000 or more, all passenger cars

5-8  and light-duty motor vehicles [which use diesel fuel and] that require

5-9  inspection pursuant to the regulations adopted by the commission [under]

5-10  pursuant to NRS 445B.770 [are required to] must have evidence of

5-11  compliance upon registration or reregistration.

5-12    2.  In a county whose population is 400,000 or more, in addition to

5-13  the vehicles specified in subsection 1, all heavy-duty motor vehicles that

5-14  are powered by diesel fuel and require inspection pursuant to the

5-15  regulations adopted by the commission pursuant to NRS 445B.770 must

5-16  have evidence of compliance upon registration or reregistration.

5-17    3.  In areas which have been designated by the commission for

5-18  inspection programs and which are located in counties whose populations

5-19  are 100,000 or more, all used motor vehicles which require inspection

5-20  pursuant to the regulations adopted by the commission [under] pursuant to

5-21  NRS 445B.770 [are required to] must have evidence of compliance upon

5-22  registration or reregistration.

5-23    [3.] 4. In designated areas in other counties [where] in which the

5-24  commission puts a program into effect, all used motor vehicles which

5-25  require inspection pursuant to the regulations adopted by the commission

5-26  [under] pursuant to NRS 445B.770 [are required to] must have evidence

5-27  of compliance upon registration or reregistration.

5-28    [4.] 5. The board of county commissioners of a county containing a

5-29  designated area may revise its program for the designated area after

5-30  receiving the approval of the commission.

5-31    Sec. 7.  NRS 445B.800 is hereby amended to read as follows:

5-32    445B.800  1.  Subject to any applicable limitation of NRS 445B.700

5-33  to 445B.815, inclusive, and section 1 of this act, and any regulation

5-34  adopted pursuant thereto, no used motor vehicle which requires inspection

5-35  pursuant to the regulations adopted by the commission [under] pursuant to

5-36  NRS 445B.770 may be registered unless the application for registration is

5-37  accompanied by evidence of compliance issued by any authorized

5-38  inspection station, authorized station or fleet station certifying that the

5-39  vehicle is equipped with devices for the control of pollution from motor

5-40  vehicles required by federal regulation or such other requirements as the

5-41  commission may by regulation prescribe under the provisions of NRS

5-42  445B.700 to 445B.845, inclusive[.] , and section 1 of this act.

5-43    2.  If:

5-44    (a) A seller of a used vehicle is required to complete a dealer’s report of

5-45  sale pursuant to the provisions of NRS 482.424; or

5-46    (b) A long-term lessor of a used vehicle is required to complete a
long-term lessor’s report of lease pursuant to the provisions of
NRS 482.4245,

6-1  the seller or long-term lessor shall also provide the buyer or long-term

6-2  lessee with any evidence of compliance required pursuant to subsection 1.

6-3    3.  The requirements of this section apply only:

6-4    (a) To passenger cars and light-duty motor vehicles [which use diesel

6-5  fuel and] that are based in a county whose population is 100,000 or more;

6-6  [and]

6-7    (b) To heavy-duty motor vehicles that are powered by diesel fuel and

6-8  are based in a county whose population is 400,000 or more; and

6-9    (c) In counties [where] in which a program of inspecting and testing

6-10  motor vehicles and systems for the control of emissions from motor

6-11  vehicles has been implemented pursuant to NRS 445B.770.

6-12    Sec. 8.  NRS 445B.815 is hereby amended to read as follows:

6-13    445B.815  1.  Except as otherwise provided in subsection 2, persons

6-14  employed at branch offices of the department of motor vehicles and public

6-15  safety and the offices of county assessors who are acting as agents of the

6-16  department in the collection of fees for registration[,] shall not register:

6-17    (a) A passenger car or light-duty motor vehicle which:

6-18      (1) [Uses diesel fuel;

6-19      (2)] Is based in a county whose population is 100,000 or more; and

6-20      [(3)] (2) Requires inspection pursuant to the regulations adopted by

6-21  the commission [under] pursuant to NRS 445B.770; [or]

6-22    (b) A heavy-duty motor vehicle that is powered by diesel fuel, which:

6-23      (1) Is based in a county whose population is 400,000 or more; and

6-24      (2) Requires inspection pursuant to the regulations adopted by the

6-25  commission pursuant to NRS 445B.770; or

6-26    (c) A vehicle which:

6-27      (1) Is based in an area of this state designated by the commission; and

6-28      (2) Requires inspection pursuant to the regulations adopted by the

6-29  commission [under] pursuant to NRS 445B.770,

6-30  until evidence of compliance with NRS 445B.700 to 445B.845, inclusive,

6-31  and section 1 of this act has been provided.

6-32    2.  An owner or lessee of a fleet of three or more vehicles may, upon

6-33  application to the department of motor vehicles and public safety, submit

6-34  evidence of compliance for his motor vehicles in a manner determined by

6-35  that department.

6-36    Sec. 9.  1.  This section becomes effective upon passage and

6-37  approval.

6-38    2.  Sections 1 to 4, inclusive, of this act become effective upon passage

6-39  and approval for the purpose of adopting regulations and on October 1,

6-40  2001, for all other purposes.

6-41    3.  Sections 5 to 8, inclusive, of this act become effective on October 1,

6-42  2001.

 

6-43  H