2001 REGULAR SESSION (71st)                                                                             A SB535 559

Amendment No. 559

 

 

 

     Amend sec. 2, page 3, line 5, by deleting “445B.500:”and inserting:

     “445B.500, require each person or entity that is proposing to locate a new source of air pollution within its jurisdiction or to modify an existing source of air pollution within its jurisdiction in such a way as to increase emissions of air pollutants, to reduce or mitigate any increase in emissions in accordance with regulations adopted by such board.

     2.  Regulations established pursuant to subsection 1 must include credits for the reduction of emissions of air pollutants, including, without limitation, credits for the reduction of emissions from mobile sources. The regulations relating to credits for the reduction of emissions from mobile sources must, without limitation:

     (a) Provide a method for determining the baseline emissions from mobile sources to be used for establishing such credits;

     (b) Require operators of fleets that are mobile sources to reduce emissions from vehicles in their fleets which are older than the 1991 model year by a certain amount to be eligible for credits;

     (c) Provide a method for determining credits which results in credits that are real, permanent and subject to a legally enforceable agreement to sell or trade the credits and which will ensure that emission reductions associated with the credit actually occur;

     (d) Establish credits for reducing emissions of carbon monoxide, oxides of nitrogen, volatile organic compounds and particulates that are capable of being inhaled;

     (e) Set forth the manner in which credits will be banked and traded, and the manner in which such transactions will be tracked and accounted for by the board; and

     (f) By not later than January 1, 2002, prohibit any person or entity from purchasing credits of one type of pollutant and using those credits to produce a different type of pollutant.

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Regulations adopted pursuant to this subsection must not allow credits for complying with a requirement for the state implementation plan or any other federal law.”.

     Amend sec. 2, page 3, by deleting lines 6 through 30.

     Amend sec. 2, pages 3 and 4, by deleting lines 41 through 49 on page 3 and lines 1 through 14 on page 4, and inserting:

     “4.  A credit earned pursuant to this section does not constitute an interest in property.”.

     Amend sec. 2, page 4, line 15, by deleting “section, “credit”” and inserting:

“section [, “credit”] :

     (a) “Credit””.

     Amend sec. 2, page 4, line 17, by deleting “(a)” and inserting “[(a)] (1)”.

     Amend sec. 2, page 4, line 20, by deleting “(b)” and inserting “[(b)] (2)”.

     Amend sec. 2, page 4, between lines 20 and 21, by inserting:

     “(b) “State implementation plan” means a plan adopted by the state pursuant to 42 U.S.C. § 7410.

     (c) “Volatile organic compound” has the meaning ascribed to it in 40 C.F.R. § 51.100 as that section existed on January 1, 2001.”.

     Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:

     “Sec. 3. 1.  On or before February 1, 2003, a board that adopts regulations pursuant to subsection 2 of NRS 445.508 shall prepare and submit to the director of the legislative counsel bureau, for submission to the 72nd session of the Nevada legislature, a report concerning the programs establishing credits for the reduction of emissions.

     2.  A board that has a program establishing credits for the reduction of emissions from mobile sources which is in existence on the effective date of this act shall adopt the regulations required pursuant to paragraph (a) of subsection 2 of NRS 445.508 concerning the baseline emissions from mobile sources by not later than March 15, 2003.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to air pollution; authorizing the local air pollution control agency in certain counties to establish a program to reduce emissions of air pollutants using credits to allow a certain level of air contaminant which may be traded or sold; requiring such an agency to adopt certain regulations concerning such a program; and providing other matters properly relating thereto.”.