Senate Bill No. 478–Committee on Taxation

 

CHAPTER..........

 

AN ACT relating to motor vehicles; authorizing the state department of conservation and natural resources to develop and carry out a program to encourage certain persons to use clean-burning fuel in motor vehicles; 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. Chapter 486A of NRS is hereby amended by adding

 thereto a new section to read as follows:

   1.  After consulting with the department of business and industry, the

 department may, within limits of legislative appropriations or

 authorizations or grants available for this purpose, develop and carry

 out a program to provide incentives to encourage those persons who are

 not otherwise required to do so pursuant to NRS 486A.010 to 486A.180,

 inclusive, to use clean-burning fuel in motor vehicles. The program may

 include, without limitation, a method of educating the members of the

 general public concerning:

   (a) The program administered by the department; and

   (b) The benefits of using clean-burning fuel in motor vehicles.

   2.  The department may adopt regulations to carry out the provisions

 of this section.

   3.  As used in this section:

   (a) “Clean-burning fuel” has the meaning ascribed to alternative fuel

 in 10 C.F.R. § 490.2.

   (b) “Department” means the state department of conservation and

 natural resources.

   (c) “Motor vehicle” has the meaning ascribed to it in NRS 365.050.

   Sec. 2. NRS 486A.020 is hereby amended to read as follows:

   486A.020  As used in [this chapter] NRS 486A.010 to 486A.180,

 inclusive, unless the context otherwise requires, the words and terms

 defined in NRS 486A.030 to 486A.130, inclusive, have the meanings

 ascribed to them in those sections.

   Sec. 3. NRS 486A.140 is hereby amended to read as follows:

   486A.140  The provisions of [this chapter] NRS 486A.010 to

 486A.180, inclusive, do not apply to:

   1.  The owner of a fleet of motor vehicles that operates only in a county

 whose population is less than 100,000.

   2.  Any governmental agency exempted by federal statute or regulation.

   3.  Any person exempted by the commission.

   Sec. 4. NRS 486A.150 is hereby amended to read as follows:

   486A.150  The commission shall adopt regulations necessary to carry

 out the provisions of [this chapter,] NRS 486A.010 to 486A.180,

 inclusive, including, but not limited to, regulations concerning:

   1.  Standards and requirements for alternative fuel. The commission

 shall not discriminate against any product that is petroleum based.

   2.  The conversion of fleets to use alternative fuels if the fleet is

 operated in a county whose population is 100,000 or more.

   3.  Standards for alternative fuel injection systems for diesel motor

vehicles.

   4.  Standards for levels of emissions from motor vehicles that are

 converted to use alternative fuels.

   5.  The establishment of a procedure for approving exemptions to the

 requirements of [this chapter.] NRS 486A.010 to 486A.180, inclusive.

   Sec. 5. NRS 486A.160 is hereby amended to read as follows:

   486A.160  1.  The department shall:

   (a) Make such determinations and issue such orders as may be

 necessary to carry out the provisions of [this chapter;] NRS 486A.010 to

 486A.180, inclusive;

   (b) Enforce the regulations adopted by the commission pursuant to the

 provisions of [this chapter;] NRS 486A.010 to 486A.180, inclusive; and

   (c) Conduct any investigation, research or study necessary to carry out

 the provisions of [this chapter.] NRS 486A.010 to 486A.180, inclusive.

   2.  Upon request, the department of motor vehicles and public safety

 shall provide to the department information contained in records of

 registration of motor vehicles.

   Sec. 6. NRS 486A.170 is hereby amended to read as follows:

   486A.170  1.  An authorized representative of the department may

 enter and inspect any fleet of 10 or more motor vehicles that is subject to

 the requirements of [this chapter] NRS 486A.010 to 486A.180, inclusive,

 to ascertain compliance with the provisions of [this chapter] NRS

 486A.010 to 486A.180, inclusive, and regulations adopted pursuant

 thereto.

   2.  A person who owns or leases a fleet of 10 or more vehicles shall

 not:

   (a) Refuse entry or access to the motor vehicles to any authorized

 representative of the department who requests entry for the purpose of

 inspection as provided in subsection 1.

   (b) Obstruct, hamper or interfere with any such inspection.

   3.  If requested by the owner or lessor of a fleet of motor vehicles, the

 department shall prepare a report of an inspection made pursuant to

 subsection 1 setting forth all facts determined which relate to the owner’s

 or lessor’s compliance with the provisions of [this chapter] NRS 486A.010

 to 486A.180, inclusive, and any regulations adopted pursuant thereto.

   Sec. 7. NRS 486A.180 is hereby amended to read as follows:

   486A.180  1.  Except as otherwise provided in subsection 4, any

 person who violates any provision of [this chapter] NRS 486A.010 to

 486A.180, inclusive, or any regulation adopted pursuant thereto, is guilty

 of a civil offense and shall pay an administrative fine levied by the

 commission of not more than $5,000. Each day of violation constitutes a

 separate offense.

   2.  The commission shall by regulation establish a schedule of

 administrative fines of not more than $1,000 for lesser violations of any

 provision of [this chapter] NRS 486A.010 to 486A.180, inclusive, or any

 regulation in force pursuant thereto.

   3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of

 the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and

 regulations in force pursuant thereto, by injunction or other appropriate

remedy. The commission or the director of the department [of conservation

and natural resources] may institute and maintain in the name of the State

 of Nevada any such enforcement proceeding.

   4.  A person who fails to pay a fine levied pursuant to subsection 1 or 2

 within 30 days after the fine is imposed is guilty of a misdemeanor. The

 provisions of this subsection do not apply to a person found by the court to

 be indigent.

   5.  The commission and the department shall deposit all money

 collected pursuant to this section in the state general fund. Money

 deposited in the state general fund pursuant to this subsection must be

 accounted for separately and may only be expended upon legislative

 appropriation.

 

²⁰~~~~~⁰¹