Senate Bill No. 357–Committee on Natural Resources

 

March 15, 2001

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Revises provisions governing disbursement of money from pollution control account. (BDR 40‑1180)

 

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 air pollution; revising the provisions governing the disbursement of money from the pollution control account; 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.830 is hereby amended to read as follows:

1-2    445B.830  1.  In areas of the state where and when a program is

1-3  commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the

1-4  following fees must be paid to the department of motor vehicles and public

1-5  safety and accounted for in the pollution control account, which is hereby

1-6  created in the state general fund:

1-7    (a) For the issuance and annual renewal of a license for an

1-8  authorized inspection station, authorized maintenance station,

1-9  authorized station or fleet station.............. $25

1-10    (b) For each set of 25 forms certifying emission control

1-11  compliance............................................. 125

1-12    (c) For each form issued to a fleet station located in a county

1-13  whose population:

1-14      (1) Is less than 400,000........................ 5

1-15      (2) Is 400,000 or more........................ 5,

1-16  except that the board of county

1-17  commissioners of the county may

1-18  increase this fee by not more than $3

1-19  if it determines that such an increase

1-20  is necessary for the administration of

1-21  the program.

1-22    2.  Except as otherwise provided in [subsections 4, 5 and 6, and after

1-23  deduction of the amount required for grants pursuant to paragraph (a) of

2-1  subsection 4,] this section, money in the pollution control account may,

2-2  pursuant to legislative appropriation or with the approval of the interim

2-3  finance committee, be expended by the following agencies in the following

2-4  order of priority:

2-5    (a) The department of motor vehicles and public safety to carry out the

2-6  provisions of NRS 445B.770 to 445B.845, inclusive.

2-7    (b) The state department of conservation and natural resources to carry

2-8  out the provisions of this chapter.

2-9    (c) Local governmental agencies in nonattainment or maintenance

2-10  areas for an air pollutant for which air quality criteria have been issued

2-11  pursuant to 42 U.S.C. § 7408, for programs related to the improvement of

2-12  the quality of the air.

2-13    (d) The state department of agriculture to carry out the provisions of

2-14  NRS 590.010 to 590.150, inclusive.

2-15    [(d)] (e) The Tahoe Regional Planning Agency to carry out the

2-16  provisions of NRS 277.200 with respect to the preservation and

2-17  improvement of air quality in the Lake Tahoe Basin.

2-18    3.  The department of motor vehicles and public safety may prescribe

2-19  by regulation routine fees for inspection at the prevailing shop labor rate,

2-20  including, without limitation, maximum charges for those fees, and for the

2-21  posting of those fees in a conspicuous place at an authorized inspection

2-22  station or authorized station.

2-23    4.  The department of motor vehicles and public safety shall distribute

2-24  to a local air pollution control agency with jurisdiction over

2-25  nonattainment or maintenance areas for carbon monoxide or ozone

2-26  located in:

2-27    (a) A county whose population is less than 400,000, an amount equal

2-28  to 20 percent of the amount received pursuant to paragraph (c) of

2-29  subsection 1 for forms issued to fleet stations located in the county; and

2-30    (b) A county whose population is 400,000 or more, an amount equal

2-31  to 50 percent of the amount received pursuant to paragraph (c) of

2-32  subsection 1 for forms issued to fleet stations located in the
county,

2-33  for expenditure on programs related to the improvement of the quality of

2-34  air.

2-35    5.  The department of motor vehicles and public safety shall by

2-36  regulation establish a program to award grants of money in the pollution

2-37  control account to local governmental agencies in nonattainment or

2-38  maintenance areas for carbon monoxide for programs related to the

2-39  improvement of the quality of air. The grants to agencies in a county

2-40  pursuant to this subsection must be made from[:

2-41    (a) An amount of money in the pollution control account that is equal to

2-42  one-fifth of the amount received for each form issued in the county

2-43  pursuant to subsection 1; and

2-44    (b) Excess money in the pollution control account. As used in this

2-45  paragraph, “excess money” means the] any money in excess of $500,000

2-46  remaining in the pollution control account at the end of the fiscal year[,]

2-47  after the deduction of [the amount required for grants pursuant to

3-1  paragraph (a) and] any disbursements made from the account pursuant to

3-2  [subsection 2.

3-3    5.] subsections 2 and 4.

3-4    6. Any regulations adopted pursuant to subsection [4] 5 must provide

3-5  for the creation of an advisory committee consisting of representatives of

3-6  state and local agencies involved in the control of emissions from motor

3-7  vehicles. The committee shall:

3-8    (a) Review applications for grants and make recommendations for their

3-9  approval, rejection or modification;

3-10    (b) Establish goals and objectives for the program for control of

3-11  emissions from motor vehicles;

3-12    (c) Identify areas where funding should be made available; and

3-13    (d) Review and make recommendations concerning regulations adopted

3-14  pursuant to subsection [4] 5 or NRS 445B.770.

3-15    [6.] 7.  Grants proposed pursuant to subsections [4 and] 5 and 6 must

3-16  be submitted to the deputy director of the motor vehicles branch of the

3-17  department of motor vehicles and public safety and the administrator of the

3-18  division of environmental protection of the state department of

3-19  conservation and natural resources. Proposed grants approved by the

3-20  deputy director and the administrator must not be awarded until approved

3-21  by the interim finance committee.

3-22    Sec. 2.  NRS 218.6827 is hereby amended to read as follows:

3-23    218.6827  1.  Except as otherwise provided in subsections 2 and 3, the

3-24  interim finance committee may exercise the powers conferred upon it by

3-25  law only when the legislature is not in regular or special session.

3-26    2.  During a regular session, the interim finance committee may also

3-27  perform the duties imposed on it by subsection 5 of NRS 284.115,

3-28  subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020,

3-29  NRS 323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145,

3-30  NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335,

3-31  paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.630,

3-32  subsection [6] 7 of NRS 445B.830 and NRS 538.650. In performing those

3-33  duties, the senate standing committee on finance and the assembly standing

3-34  committee on ways and means may meet separately and transmit the

3-35  results of their respective votes to the chairman of the interim finance

3-36  committee to determine the action of the interim finance committee as a

3-37  whole.

3-38    3.  During a regular or special session, the interim finance committee

3-39  may exercise the powers and duties conferred upon it pursuant to the

3-40  provisions of NRS 353.2705 to 353.2771, inclusive.

3-41    4.  If the interim finance committee determines that a fundamental

3-42  review of the base budget of a state agency is necessary, it shall, by

3-43  resolution, notify the legislative commission of that finding for assignment

3-44  of the review to a legislative committee for the fundamental review of the

3-45  base budgets of state agencies established pursuant to NRS 218.5382.

3-46    Sec. 3.  1.  This section and section 2 of this act become effective on

3-47  July 1, 2001.

 

 

4-1    2.  Section 1 of this act becomes effective at 12:01 a.m. on
July 1, 2001.

 

4-2  H