Assembly Bill No. 629–Committee on Natural Resources,
Agriculture, and Mining

 

CHAPTER..........

 

AN ACT relating to petroleum products; clarifying the standards for regulating petroleum products used in internal combustion engines; revising the definition of “petroleum products”; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 590.020 is hereby amended to read as follows:

   590.020  As used in NRS 590.010 to 590.330, inclusive, unless the

 context otherwise requires:

   1.  “Additives” means a substance to be added to a motor oil or

 lubricating oil to impart or improve desirable properties or to suppress

 undesirable properties.

   2.  “Advertising medium” means any sign, printed or written matter, or

 device for oral or visual communication.

   3.  “Performance rating” means the system adopted by the American

 Petroleum Institute for the classification of uses for which an oil is

 designed.

   4.  “Petroleum products” means gasoline, diesel fuel, burner fuel

 kerosene, motor vehicle fuel, lubricating oil, motor oil or any product

 represented as motor oil or lubricating oil. The term does not include

 liquefied petroleum gas , natural gas or motor oil additives.

   5.  “Recycled oil” means a petroleum product which is prepared from

 used motor oil or used lubricating oil. The term includes rerefined oil.

   6.  “Rerefined oil” means used oil which is refined after its previous

 use to remove from the oil any contaminants acquired during the previous

 use.

   7.  “Used oil” means any oil which has been refined from crude or

 synthetic oil and, as a result of use, has become unsuitable for its original

 purpose because of a loss of its original properties or the presence of

 impurities, but which may be suitable for another use or economically

 recycled.

   8.  “Viscosity grade classification” means the measure of an oil’s

 resistance to flow at a given temperature according to the grade

 classification system of the Society of Automotive Engineers or other

 grade classification.

   Sec. 2.   NRS 590.070 is hereby amended to read as follows:

   590.070  1.  The state board of agriculture shall adopt regulations

 relating to the standards for [fuel, including diesel fuel] petroleum

 products used in internal combustion engines, which are substantially

 similar to the laws and regulations of the State of California relating to

 those standards.

   2.  The state board of agriculture shall review each amendment, repeal

 or other revision of a law or regulation of the State of California relating to

 those standards to determine its appropriateness for this state. The board

 shall adopt any regulation based on a law or regulation of the State of

 California which the board determines is necessary or appropriate for this

 state to ensure that the regulations adopted by the board remain

substantially similar to the laws and regulations adopted by the State of

California concerning those standards.

   3.  It is unlawful for any person, or any officer, agent or employee

 thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be

 sold or offered for sale, any petroleum or petroleum product as, or

 purporting to be, gasoline or diesel fuel, unless it conforms with the

 regulations adopted by the state board of agriculture pursuant to this

 section.

   4.  This section does not apply to aviation fuel.

   5.  In addition to any criminal penalty that is imposed pursuant to the

 provisions of NRS 590.150, any person who violates any provision of this

 section may be further punished as provided in NRS 590.071.

   Sec. 3.   NRS 590.071 is hereby amended to read as follows:

   590.071  1.  The state board of agriculture shall:

   (a) Enforce the standards relating to [the quality of fuel established]

 petroleum products adopted pursuant to NRS 590.070.

   (b) Adopt regulations specifying a schedule of fines that it may impose,

 upon notice and hearing, for each violation of the provisions of NRS

 590.070. The maximum fine that may be imposed by the board for each

 violation must not exceed $5,000 per day. All fines collected by the board

 pursuant to the regulations adopted pursuant to this subsection must be

 remitted to the county treasurer of the county in which the violation

 occurred for credit to the county school district fund.

   2.  The state board of agriculture may:

   (a) In addition to imposing a fine pursuant to subsection 1, issue an

 order requiring a violator to take appropriate action to correct the

 violation.

   (b) Request the district attorney of the appropriate county to investigate

 or file a criminal complaint against any person that the board suspects may

 have violated any provision of NRS 590.070.

 

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