Assembly Bill No. 546–Committee on Natural Resources, Agriculture, and Mining

 

March 23, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions governing distribution and use of proceeds of administrative fines imposed for certain violations relating to air pollution. (BDR 40‑1191)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

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

 

AN ACT relating to air pollution; revising the provisions governing the distribution and use of administrative fines imposed for certain violations relating to air pollution; 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. NRS 445B.500 is hereby amended to read as follows:

1-2    445B.500  1.  Except as otherwise provided in this section and in NRS

1-3  445B.310:

1-4    (a) The district board of health, county board of health or board of

1-5  county commissioners in each county whose population is 100,000 or more

1-6  shall establish a program for the control of air pollution and administer the

1-7  program within its jurisdiction unless superseded.

1-8    (b) The program must:

1-9       (1) Include standards for the control of emissions, emergency

1-10  procedures and variance procedures established by ordinance or local

1-11  regulation which are equivalent to or stricter than those established by

1-12  statute or state regulation; and

1-13      (2) Provide for adequate administration, enforcement, financing and

1-14  staff.

1-15    (c) The district board of health, county board of health or board of

1-16  county commissioners is designated as the air pollution control agency of

1-17  the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and

1-18  the federal act insofar as it pertains to local programs, and that agency is

1-19  authorized to take all action necessary to secure for the county the benefits

1-20  of the federal act.

2-1    (d) Powers and responsibilities provided for in NRS 445B.210,

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

2-3  445B.640 are binding upon and inure to the benefit of local air pollution

2-4  control authorities within their jurisdiction.

2-5    2.  The local air pollution control board shall carry out all provisions of

2-6  NRS 445B.215 with the exception that notices of public hearings must be

2-7  given once a week for 3 weeks in any newspaper[,] qualified pursuant to

2-8  the provisions of chapter 238 of NRS . [, once a week for 3 weeks.] The

2-9  notice must specify with particularity the reasons for the proposed

2-10  regulations and provide other informative details. NRS 445B.215 does not

2-11  apply to the adoption of existing regulations upon transfer of authority as

2-12  provided in NRS 445B.610.

2-13    3.  In a county whose population is 400,000 or more, the local air

2-14  pollution control board may delegate to an independent hearing officer or

2-15  hearing board its authority to determine violations and levy administrative

2-16  penalties for violations of the provisions of NRS 445B.100 to 445B.450,

2-17  inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adopted

2-18  pursuant to those sections. If such a delegation is made, 17.5 percent of any

2-19  penalty collected must be deposited in the county treasury in an account to

2-20  be administered by the local air pollution control board to a maximum of

2-21  [$17,500] $50,000 per year. The money in the account may only be used to

2-22  defray the administrative expenses incurred by the local air pollution

2-23  control board in enforcing the provisions of NRS 445B.100 to 445B.640,

2-24  inclusive. The remainder of the penalty must be deposited in the county

2-25  [school district fund of the county where the violation occurred.] treasury

2-26  in an additional account to be administered by the local air pollution

2-27  control board. The money in this additional account may only be used to

2-28  conduct research regarding methods to improve the control of air

2-29  pollution and the enforcement of regulations of the local air pollution

2-30  control board.

2-31    4.  Any county whose population is less than 100,000 or any city may

2-32  meet the requirements of this section for administration and enforcement

2-33  through cooperative or interlocal agreement with one or more other

2-34  counties, or through agreement with the state, or may establish its own

2-35  program for the control of air pollution. If the county establishes such a

2-36  program, it is subject to the approval of the commission.

2-37    5.  No district board of health, county board of health or board of

2-38  county commissioners may adopt any regulation or establish a compliance

2-39  schedule, variance order or other enforcement action relating to the control

2-40  of emissions from plants which generate electricity by using steam

2-41  produced by the burning of fossil fuel.

2-42    6.  For the purposes of this section, “plants which generate electricity

2-43  by using steam produced by the burning of fossil fuel” means plants that

2-44  burn fossil fuels in a boiler to produce steam for the production of

2-45  electricity. The term does not include any plant which uses technology for

2-46  a simple or combined cycle combustion turbine, regardless of whether the

2-47  plant includes duct burners.

 

 

3-1    Sec. 2.  NRS 445B.640 is hereby amended to read as follows:

3-2    445B.640  1.  Except as otherwise provided in subsection 4 and NRS

3-3  445C.010 to 445C.120, inclusive, any person who violates any provision of

3-4  NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640,

3-5  inclusive, or any regulation in force pursuant thereto, other than NRS

3-6  445B.570 on confidential information, is guilty of a civil offense and shall

3-7  pay an administrative fine levied by the commission of not more than

3-8  $10,000 per day per offense. Each day of violation constitutes a separate

3-9  offense.

3-10    2.  The commission shall by regulation establish a schedule of

3-11  administrative fines not exceeding $500 for lesser violations of any

3-12  provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to

3-13  445B.640, inclusive, or any regulation in force pursuant thereto.

3-14    3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of

3-15  the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to

3-16  445B.640, inclusive, regulations in force pursuant thereto, and orders made

3-17  pursuant to NRS 445B.100 to 445B.450, inclusive, and 445B.470 to

3-18  445B.640, inclusive, by injunction or other appropriate remedy, and the

3-19  commission or the director may institute and maintain in the name of the

3-20  State of Nevada any such enforcement proceedings.

3-21    4.  Any person who fails to pay a fine levied pursuant to subsection 1

3-22  or 2 within 30 days after the fine is imposed is guilty of a misdemeanor.

3-23  The provisions of this subsection do not apply to persons found by the

3-24  court to be indigent.

3-25    5.  All administrative fines collected by the commission pursuant to

3-26  this section regarding a violation that occurred in a county whose

3-27  population:

3-28    (a) Is less than 100,000 must be deposited in the county school district

3-29  fund of the county where the violation occurred.

3-30    (b) Is 100,000 or more must be deposited in the county treasury of the

3-31  county where the violation occurred in an account to be administered by

3-32  the local air pollution control board. The money in the account may only

3-33  be used to conduct research regarding methods to improve the control of

3-34  air pollution and the enforcement of regulations of the local air pollution

3-35  control board and the commission.

3-36    Sec. 3.  This act becomes effective upon passage and approval and

3-37  expires by limitation on June 30, 2005.

 

3-38  H