(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 327
Senate Bill No. 327–Senator Jacobsen
March 13, 2001
____________
Referred to Committee on Natural Resources
SUMMARY—Revises provisions relating to certain hazardous materials. (BDR 40‑164)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to certain hazardous materials; revising provisions governing the disposal of certain hazardous materials; revising provisions governing motor carriers who transport certain hazardous materials; 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 459.500 is hereby amended to read as follows:
1-2 459.500 1. Except as otherwise provided in NRS 459.700 to
1-3 459.780, inclusive, or 459.800 to 459.856, inclusive:
1-4 (a) Regulations of the commission must provide:
1-5 (1) For safety in the packaging, handling, transportation and disposal
1-6 of hazardous waste ; [, including the safety of vehicles and drivers;]
1-7 (2) For the certification of consultants involved in consultation
1-8 regarding the response to and the clean up of leaks of hazardous waste,
1-9 hazardous material or a regulated substance from underground storage
1-10 tanks, the clean up of spills of or accidents involving hazardous waste,
1-11 hazardous material or a regulated substance, or the management of
1-12 hazardous waste; and
1-13 (3) That a person employed full time by a business to act as such a
1-14 consultant is exempt from the requirements of certification[:
1-15 (I) If he is certified by the federal Occupational Safety and Health
1-16 Administration] if the person:
1-17 (I) Meets the applicable requirements of 29 C.F.R. § 1910.120 to
1-18 manage such waste, materials or substances; and
1-19 (II) [While] Is acting in the course of that full-time employment.
1-20 (b) Regulations of the commission may:
1-21 (1) Provide for the licensing and other necessary regulation of
1-22 generators, including shippers[, brokers and carriers, both intrastate and
2-1 interstate,] and brokers, who cause that waste to be transported into or
2-2 through Nevada or for disposal in Nevada;
2-3 (2) Require that the person responsible for a spill, leak or accident
2-4 involving hazardous waste, hazardous material or a regulated substance,
2-5 obtain advice on the proper handling of the spill, leak or accident from a
2-6 consultant certified under the regulations adopted pursuant to paragraph
2-7 (a); and
2-8 (3) Establish standards relating to the education, experience,
2-9 performance and financial responsibility required for the certification of
2-10 consultants.
2-11 2. The regulations may include provisions for:
2-12 (a) Fees to pay the cost of inspection, certification and other regulation,
2-13 excluding any activities conducted pursuant to NRS 459.7052 to 459.728,
2-14 inclusive; and
2-15 (b) Administrative penalties of not more than $2,500 per violation or
2-16 $10,000 per shipment for violations by persons licensed by the department,
2-17 and the criminal prosecution of violations of its regulations by persons who
2-18 are not licensed by the department.
2-19 3. Designated employees of the department and the Nevada highway
2-20 patrol division shall enforce the regulations of the commission relating to
2-21 the transport and handling of hazardous waste[, as they affect the safety of
2-22 drivers and vehicles] and the leakage or spill of that waste from packages.
2-23 Sec. 2. NRS 459.7058 is hereby amended to read as follows:
2-24 459.7058 1. Except as otherwise required by federal law, the
2-25 department shall immediately suspend or revoke the registration and permit
2-26 for the transportation of hazardous materials, or deny the approval of an
2-27 application for such a registration and permit, by a motor carrier who:
2-28 (a) Knowingly makes a materially false or misleading statement on the
2-29 application for the registration and permit;
2-30 (b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R. Part
2-31 385;
2-32 (c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;
2-33 (d) Does not maintain the financial responsibility for liability required
2-34 pursuant to 49 C.F.R. Part 387 and the laws of this state;
2-35 (e) Knowingly uses a forged certificate of registration or permit for the
2-36 transportation of hazardous materials;
2-37 (f) Knowingly allows the use of his registration or permit for the
2-38 transportation of hazardous materials by any person other than an agent or
2-39 employee of the motor carrier; or
2-40 (g) Is convicted of a serious violation or repeated violations of the laws
2-41 of this state for the regulation of [common, contract or private] motor
2-42 carriers . [of property.]
2-43 2. Upon taking any action pursuant to subsection 1, the department
2-44 shall:
2-45 (a) Notify the motor carrier, by certified mail, of the reasons for its
2-46 action and of any action the motor carrier may take to obtain the
2-47 reinstatement of his registration and permit or the approval of his
2-48 application; and
3-1 (b) Provide the motor carrier with an opportunity for a fair and impartial
3-2 hearing on the matter.
3-3 Sec. 3. NRS 459.706 is hereby amended to read as follows:
3-4 459.706 1. The department shall not issue a permit required pursuant
3-5 to NRS 459.7052 to a [common, contract or private] motor carrier [of
3-6 property] who is seeking to transport radioactive waste upon a public
3-7 highway of this state without first determining that the carrier transporting
3-8 the waste is in compliance and will continue to comply with all laws and
3-9 regulations of this state and the Federal Government respecting the
3-10 handling and transportation of radioactive waste and the safety of drivers
3-11 and vehicles.
3-12 2. Any [common, contract or private] motor carrier [of property] who
3-13 maintains his books and records outside of this state must, in addition to
3-14 any other assessments and fees provided by law, be assessed by the
3-15 department for an amount equal to the travel expenses, including the excess
3-16 of the out-of-state subsistence allowances over the in-state subsistence
3-17 allowances, as fixed by NRS 281.160, of employees of the department for
3-18 investigations, inspections and audits which may be required to be
3-19 performed outside of this state in carrying out the provisions of
3-20 subsection 1.
3-21 3. The assessment provided for in subsection 2 must be determined by
3-22 the department upon the completion of each such investigation, inspection
3-23 or audit and is due within 30 days after the date on which the affected
3-24 [common, contract or private] motor carrier receives the assessment. The
3-25 records of the department relating to the additional costs incurred by reason
3-26 of necessary travel must be open for inspection by the affected carrier at
3-27 any time within the 30-day period.
3-28 Sec. 4. NRS 459.708 is hereby amended to read as follows:
3-29 459.708 1. A [common, contract or private] motor carrier [of
3-30 property] who is transporting radioactive waste shall reject any package
3-31 containing the waste which is tendered to him for transport in this state if
3-32 the package:
3-33 (a) Is leaking or spilling its contents;
3-34 (b) Does not bear a:
3-35 (1) [Mark] Marking required pursuant to 49 C.F.R. Part 172,
3-36 Subpart D;
3-37 (2) Label required pursuant to 49 C.F.R. Part 172, Subpart E; or
3-38 (3) Placard required pursuant to 49 C.F.R. Part 172, Subpart F; or
3-39 (c) Is not accompanied by a:
3-40 (1) Shipping paper required pursuant to 49 C.F.R. Part 172,
3-41 Subpart C; or
3-42 (2) Manifest required pursuant to 10 C.F.R. Part 20, Appendix G.
3-43 2. A carrier who accepts radioactive waste for transport in this state is
3-44 liable for any package in his custody which leaks or spills its contents, does
3-45 not bear the required [mark,] marking, label or placard, or is not
3-46 accompanied by the required shipping paper or manifest, unless, in the case
3-47 of a leak or spill of the waste and by way of affirmative defense, the carrier
3-48 proves that he did not and could not know of the leak when he accepted the
3-49 package for transport.
4-1 Sec. 5. NRS 459.709 is hereby amended to read as follows:
4-2 459.709 1. A [common, contract or private] motor carrier [of
4-3 property] shall not transport any high-level radioactive waste or spent
4-4 nuclear fuel upon a public highway of this state unless:
4-5 (a) The high-level radioactive waste or spent nuclear fuel is contained in
4-6 a package that has been approved for that purpose pursuant to 10 C.F.R.
4-7 Part 71; and
4-8 (b) The carrier has complied with the provisions of 10 C.F.R. Part 71
4-9 and 10 C.F.R. Part 73 requiring the advance notification of the governor of
4-10 this state or his designee.
4-11 2. As used in this section:
4-12 (a) “High-level radioactive waste” has the meaning ascribed to it in 10
4-13 C.F.R. § 72.3.
4-14 (b) “Spent nuclear fuel” has the meaning ascribed to it in 10 C.F.R.
4-15 § 72.3.
4-16 Sec. 6. NRS 459.718 is hereby amended to read as follows:
4-17 459.718 1. A person responsible for the care, custody or control of a
4-18 hazardous material which is involved in an accident or incident occurring
4-19 during the transportation of the hazardous material by a motor carrier,
4-20 including any accident or incident occurring during any loading, unloading
4-21 or temporary storage of the hazardous material while it is subject to active
4-22 shipping papers and before it has reached its ultimate consignee, shall
4-23 notify the division , consistent with the requirements of 49 C.F.R.
4-24 § 171.15, as soon as practicable if, as a result of the hazardous material:
4-25 (a) A person is killed;
4-26 (b) A person receives injuries that require hospitalization;
4-27 (c) Any damage to property exceeds $50,000;
4-28 (d) There is an evacuation of the general public for 1 hour or more;
4-29 (e) One or more major transportation routes or facilities are closed or
4-30 shut down for 1 hour or more;
4-31 (f) There is an alteration in the operational flight pattern or routine of
4-32 any aircraft;
4-33 (g) Any radioactive contamination is suspected;
4-34 (h) Any contamination by an infectious substance is suspected;
4-35 (i) There is a release of a liquid marine pollutant in excess of 450 liters
4-36 or a solid marine pollutant in excess of 400 kilograms; or
4-37 (j) Any situation exists at the site of the accident or incident which, in
4-38 the judgment of the person responsible for the care, custody or control of
4-39 the hazardous material, should be reported to the division.
4-40 2. The notification required pursuant to this section must include:
4-41 (a) The name of the person providing the notification;
4-42 (b) The name and address of the motor carrier represented by that
4-43 person;
4-44 (c) The telephone number where that person can be contacted;
4-45 (d) The date, time and location of the accident or incident;
4-46 (e) The extent of any injuries;
4-47 (f) The classification, name and quantity of the hazardous material
4-48 involved, if that information is available; and
5-1 (g) The type of accident or incident, the nature of the hazardous
5-2 material involved and whether there is a continuing danger to life at the
5-3 scene of the accident or incident.
5-4 3. A person may satisfy the requirements of this section by providing
5-5 the information specified in subsection 2 to the person who responds to a
5-6 telephone call placed to:
5-7 (a) The number 911 in an area where that number is used for
5-8 emergencies; or
5-9 (b) The number zero in an area where the number 911 is not used for
5-10 emergencies.
5-11 Sec. 7. NRS 459.735 is hereby amended to read as follows:
5-12 459.735 1. The contingency account for hazardous materials is
5-13 hereby created in the state general fund.
5-14 2. The commission shall administer the contingency account for
5-15 hazardous materials, and the money in the account may be expended only
5-16 for:
5-17 (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;
5-18 (b) Carrying out the provisions of [Public Law 99-499 and Title I of
5-19 Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et
5-20 seq.;
5-21 (c) Maintaining and supporting the operations of the commission and
5-22 local emergency planning committees;
5-23 (d) Training and equipping state and local personnel to respond to
5-24 accidents and incidents involving hazardous materials; and
5-25 (e) The operation of training programs and a training center for
5-26 handling emergencies relating to hazardous materials and related fires
5-27 pursuant to NRS 477.045.
5-28 3. All money received by this state [as a result of Public Law 99-499
5-29 or Title I of Public Law 93-633] pursuant to 42 U.S.C. §§ 11001 et seq. or
5-30 49 U.S.C. §§ 5101 et seq. must be deposited with the state treasurer to the
5-31 credit of the contingency account for hazardous materials. In addition, all
5-32 money received by the commission from any source must be deposited
5-33 with the state treasurer to the credit of the contingency account for
5-34 hazardous materials. The state controller shall transfer from the
5-35 contingency account to the operating account of the state fire marshal such
5-36 money collected pursuant to chapter 477 of NRS as is authorized for
5-37 expenditure in the budget of the state fire marshal for use pursuant to
5-38 paragraph (e) of subsection 2.
5-39 4. Upon the presentation of budgets in the manner required by law,
5-40 money to support the operation of the commission pursuant to this chapter,
5-41 other than its provision of grants, must be provided by direct legislative
5-42 appropriation from the state highway fund to the contingency account for
5-43 hazardous materials.
5-44 5. The interest and income earned on the money in the contingency
5-45 account for hazardous materials, after deducting any applicable charges,
5-46 must be credited to the account.
5-47 6. All claims against the contingency account for hazardous materials
5-48 must be paid as other claims against the state are paid.
6-1 Sec. 8. NRS 459.738 is hereby amended to read as follows:
6-2 459.738 1. The state emergency response commission is hereby
6-3 created for the purpose of carrying out the provisions of [NRS 414.135,
6-4 Public Law 99-499] 42 U.S.C. §§ 11001 et seq. and other matters relating
6-5 thereto.
6-6 2. The commission consists of not more than 25 members appointed
6-7 by the governor. The governor shall, to the extent practicable, appoint
6-8 persons to the commission who have technical expertise in responding to
6-9 emergencies.
6-10 3. The term of each member of the commission is 4 years. A member
6-11 may be reappointed, and there is no limit on the number of terms that a
6-12 member may serve.
6-13 4. The governor shall appoint one or more of the members of the
6-14 commission to serve as chairman or co-chairmen.
6-15 5. The commission may employ, within the limits of legislative
6-16 appropriations, such staff as is necessary to the performance of its duties.
6-17 Sec. 9. NRS 459.740 is hereby amended to read as follows:
6-18 459.740 The commission may:
6-19 1. Adopt regulations for the purpose of enforcing its responsibilities
6-20 pursuant to [Public Law 99-499.]42 U.S.C. §§ 11001 et seq.
6-21 2. Accept gifts and grants of money and other revenues for the purpose
6-22 of enforcing its responsibilities pursuant to [Public Law 99-499.]42 U.S.C.
6-23 §§ 11001 et seq.
6-24 Sec. 10. NRS 459.742 is hereby amended to read as follows:
6-25 459.742 The commission, in carrying out its duties and within the
6-26 limits of legislative appropriations and other available money, may:
6-27 1. Enter into contracts, leases or other agreements or transactions;
6-28 2. Provide grants of money to local emergency planning committees to
6-29 improve their ability to respond to emergencies involving hazardous
6-30 materials;
6-31 3. Assist with the development of comprehensive plans for responding
6-32 to such emergencies in this state;
6-33 4. Provide technical assistance and administrative support to the
6-34 telecommunications unit of the communication and computing division of
6-35 the department of information technology for the development of systems
6-36 for communication during such emergencies;
6-37 5. Provide technical and administrative support and assistance for
6-38 training programs;
6-39 6. Develop a system to provide public access to data relating to
6-40 hazardous materials;
6-41 7. Support any activity or program eligible to receive money from the
6-42 contingency account for hazardous materials;
6-43 8. Adopt regulations setting forth the manner in which the division of
6-44 emergency management of the department [of motor vehicles and public
6-45 safety] shall:
6-46 (a) Allocate money received by the division which relates to hazardous
6-47 materials or is received pursuant to [Public Law 99-499 or Title I of Public
6-48 Law 93-633;] 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq.; and
7-1 (b) Approve programs developed to address planning for and
7-2 responding to emergencies involving hazardous materials; and
7-3 9. Coordinate the activities administered by state agencies to carry out
7-4 the provisions of chapter 459 of NRS, [Public Law 99-499 and Title I of
7-5 Public Law 93-633.]42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et
7-6 seq.
7-7 Sec. 11. NRS 459.744 is hereby amended to read as follows:
7-8 459.744 1. The commission shall establish by regulation:
7-9 (a) A schedule of fees for its services and regulatory activities. The fees
7-10 must be set at an amount which approximates the cost to the commission of
7-11 performing those services and activities.
7-12 (b) A fee, not to exceed $5,000 per year, to be paid by each person who
7-13 stores an extremely hazardous material in an amount greater than the
7-14 threshold planning quantity established for such material in [Appendix A
7-15 or B of Part 355 of Title 40 of the Code of Federal Regulations.] 40 C.F.R.
7-16 Part 355, Appendix A or B. The fee must include:
7-17 (1) A filing fee for each facility in which such material is stored; and
7-18 (2) A surcharge for each ton of such material stored in excess of
7-19 1 ton,
7-20 and must be paid on or before March 1 of each year for the preceding
7-21 calendar year.
7-22 (c) A fee, not to exceed $2,000 per year, to be paid by each person who
7-23 manufactures for transport an extremely hazardous material in an amount
7-24 greater than the threshold planning quantity established for such material in
7-25 [Appendix A or B of Part 355 of Title 40 of the Code of Federal
7-26 Regulations.] 40 C.F.R. Part 355, Appendix A or B. The fee must include:
7-27 (1) A filing fee for each facility in which such material is
7-28 manufactured; and
7-29 (2) A surcharge for each ton of such material which is manufactured
7-30 for transport in this state,
7-31 and must be paid on or before January 31 of each year for the preceding
7-32 calendar year.
7-33 (d) A reporting fee of $500 to be paid by each person who is required to
7-34 submit a toxic chemical release form pursuant to [Public Law 99-499,] 42
7-35 U.S.C. §§ 11001 et seq., which becomes due upon the filing of the form.
7-36 2. The commission shall not require any person to pay more than
7-37 $5,000 in fees imposed pursuant to subsection 1 for any calendar year.
7-38 Sec. 12. NRS 459.792 is hereby amended to read as follows:
7-39 459.792 1. The state emergency response commission, each local
7-40 emergency planning committee appointed by the commission, and their
7-41 respective members are immune from liability for the death of or injury to
7-42 persons, and for injury to property, resulting from the performance of their
7-43 functions under this chapter and under [Public Law 99-499 as that law
7-44 existed on January 1, 1993.]42 U.S.C. §§ 11001 et seq.
7-45 2. Except as limited by NRS 459.794 and 459.796, a person who
7-46 provides equipment, advice or other assistance in mitigating or attempting
7-47 to mitigate the effects of a discharge of hazardous material, or in
7-48 preventing, cleaning up, or disposing of such a discharge, or in attempting
7-49 to prevent, clean up, or dispose of such a discharge, is immune from
8-1 liability for the death of or injury to persons, and for injury to property,
8-2 resulting from those activities.
8-3 Sec. 13. NRS 459.7012, 459.7014 and 459.7028 are hereby repealed.
8-4 TEXT OF REPEALED SECTIONS
8-5 459.7012 “Common motor carrier of property” defined.
8-6 “Common motor carrier of property” has the meaning ascribed to it in
8-7 NRS 706.046.
8-8 459.7014 “Contract motor carrier” defined. “Contract motor
8-9 carrier” has the meaning ascribed to it in NRS 706.051.
8-10 459.7028 “Private motor carrier of property” defined. “Private
8-11 motor carrier of property” has the meaning ascribed to it in NRS 706.111.
8-12 H