(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

(On Behalf of Department of Agriculture)

 

March 26, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Clarifies standards for regulating petroleum products used in internal combustion engines. (BDR 51‑543)

 

FISCAL NOTE:  Effect on Local Government: No.

                             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 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:

 

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

1-2    590.020  As used in NRS 590.010 to 590.330, inclusive, unless the

1-3  context otherwise requires:

1-4    1.  “Additives” means a substance to be added to a motor oil or

1-5  lubricating oil to impart or improve desirable properties or to suppress

1-6  undesirable properties.

1-7    2.  “Advertising medium” means any sign, printed or written matter, or

1-8  device for oral or visual communication.

1-9    3.  “Performance rating” means the system adopted by the American

1-10  Petroleum Institute for the classification of uses for which an oil is

1-11  designed.

1-12  4.  “Petroleum products” means gasoline, diesel fuel, burner fuel

1-13  kerosene, motor vehicle fuel, lubricating oil, motor oil or any product

1-14  represented as motor oil or lubricating oil. The term does not include

1-15  liquefied petroleum gas , natural gas or motor oil additives.

1-16  5.  “Recycled oil” means a petroleum product which is prepared from

1-17  used motor oil or used lubricating oil. The term includes rerefined oil.

2-1    6.  “Rerefined oil” means used oil which is refined after its previous

2-2  use to remove from the oil any contaminants acquired during the previous

2-3  use.

2-4    7.  “Used oil” means any oil which has been refined from crude or

2-5  synthetic oil and, as a result of use, has become unsuitable for its original

2-6  purpose because of a loss of its original properties or the presence of

2-7  impurities, but which may be suitable for another use or economically

2-8  recycled.

2-9    8.  “Viscosity grade classification” means the measure of an oil’s

2-10  resistance to flow at a given temperature according to the grade

2-11  classification system of the Society of Automotive Engineers or other

2-12  grade classification.

2-13  Sec. 2.   NRS 590.070 is hereby amended to read as follows:

2-14  590.070  1.  The state board of agriculture shall adopt regulations

2-15  relating to the standards for [fuel, including diesel fuel] petroleum

2-16  products used in internal combustion engines, which are substantially

2-17  similar to the laws and regulations of the State of California relating to

2-18  those standards.

2-19  2.  The state board of agriculture shall review each amendment, repeal

2-20  or other revision of a law or regulation of the State of California relating to

2-21  those standards to determine its appropriateness for this state. The board

2-22  shall adopt any regulation based on a law or regulation of the State of

2-23  California which the board determines is necessary or appropriate for this

2-24  state to ensure that the regulations adopted by the board remain

2-25  substantially similar to the laws and regulations adopted by the State of

2-26  California concerning those standards.

2-27  3.  It is unlawful for any person, or any officer, agent or employee

2-28  thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be

2-29  sold or offered for sale, any petroleum or petroleum product as, or

2-30  purporting to be, gasoline or diesel fuel, unless it conforms with the

2-31  regulations adopted by the state board of agriculture pursuant to this

2-32  section.

2-33  4.  This section does not apply to aviation fuel.

2-34  5.  In addition to any criminal penalty that is imposed pursuant to the

2-35  provisions of NRS 590.150, any person who violates any provision of this

2-36  section may be further punished as provided in NRS 590.071.

2-37  Sec. 3.   NRS 590.071 is hereby amended to read as follows:

2-38  590.071  1.  The state board of agriculture shall:

2-39  (a) Enforce the standards relating to [the quality of fuel established]

2-40  petroleum products adopted pursuant to NRS 590.070.

2-41  (b) Adopt regulations specifying a schedule of fines that it may impose,

2-42  upon notice and hearing, for each violation of the provisions of NRS

2-43  590.070. The maximum fine that may be imposed by the board for each

2-44  violation must not exceed $5,000 per day. All fines collected by the board

2-45  pursuant to the regulations adopted pursuant to this subsection must be

2-46  remitted to the county treasurer of the county in which the violation

2-47  occurred for credit to the county school district fund.

2-48  2.  The state board of agriculture may:

3-1    (a) In addition to imposing a fine pursuant to subsection 1, issue an

3-2  order requiring a violator to take appropriate action to correct the violation.

3-3    (b) Request the district attorney of the appropriate county to investigate

3-4  or file a criminal complaint against any person that the board suspects may

3-5  have violated any provision of NRS 590.070.

 

3-6  H