EXEMPT

                            (REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 478–Committee on Taxation

 

March 23, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Authorizes state department of conservation and natural resources to develop and carry out program to encourage certain persons to use clean-burning fuel in motor vehicles. (BDR 43‑137)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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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 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:

 

1-1    Section 1. Chapter 486A of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3    1.  After consulting with the department of business and industry, the

1-4  department may, within limits of legislative appropriations or

1-5  authorizations or grants available for this purpose, develop and carry out

1-6  a program to provide incentives to encourage those persons who are not

1-7  otherwise required to do so pursuant to NRS 486A.010 to 486A.180,

1-8  inclusive, to use clean-burning fuel in motor vehicles. The program may

1-9  include, without limitation, a method of educating the members of the

1-10  general public concerning:

1-11    (a) The program administered by the department; and

1-12    (b) The benefits of using clean-burning fuel in motor vehicles.

1-13    2.  The department may adopt regulations to carry out the provisions

1-14  of this section.

1-15    3.  As used in this section:

1-16    (a) “Clean-burning fuel” has the meaning ascribed to alternative fuel

1-17  in 10 C.F.R. § 490.2.

1-18    (b) “Department” means the state department of conservation and

1-19  natural resources.

1-20    (c) “Motor vehicle” has the meaning ascribed to it in NRS 365.050.

 

2-1    Sec. 2. NRS 486A.020 is hereby amended to read as follows:

2-2    486A.020  As used in [this chapter] NRS 486A.010 to 486A.180,

2-3  inclusive, unless the context otherwise requires, the words and terms

2-4  defined in NRS 486A.030 to 486A.130, inclusive, have the meanings

2-5  ascribed to them in those sections.

2-6    Sec. 3. NRS 486A.140 is hereby amended to read as follows:

2-7    486A.140  The provisions of [this chapter] NRS 486A.010 to

2-8  486A.180, inclusive, do not apply to:

2-9    1.  The owner of a fleet of motor vehicles that operates only in a county

2-10  whose population is less than 100,000.

2-11    2.  Any governmental agency exempted by federal statute or regulation.

2-12    3.  Any person exempted by the commission.

2-13    Sec. 4. NRS 486A.150 is hereby amended to read as follows:

2-14    486A.150  The commission shall adopt regulations necessary to carry

2-15  out the provisions of [this chapter,] NRS 486A.010 to 486A.180, inclusive,

2-16  including, but not limited to, regulations concerning:

2-17    1.  Standards and requirements for alternative fuel. The commission

2-18  shall not discriminate against any product that is petroleum based.

2-19    2.  The conversion of fleets to use alternative fuels if the fleet is

2-20  operated in a county whose population is 100,000 or more.

2-21    3.  Standards for alternative fuel injection systems for diesel motor

2-22  vehicles.

2-23    4.  Standards for levels of emissions from motor vehicles that are

2-24  converted to use alternative fuels.

2-25    5.  The establishment of a procedure for approving exemptions to the

2-26  requirements of [this chapter.] NRS 486A.010 to 486A.180, inclusive.

2-27    Sec. 5. NRS 486A.160 is hereby amended to read as follows:

2-28    486A.160  1.  The department shall:

2-29    (a) Make such determinations and issue such orders as may be

2-30  necessary to carry out the provisions of [this chapter;] NRS 486A.010 to

2-31  486A.180, inclusive;

2-32    (b) Enforce the regulations adopted by the commission pursuant to the

2-33  provisions of [this chapter;] NRS 486A.010 to 486A.180, inclusive; and

2-34    (c) Conduct any investigation, research or study necessary to carry out

2-35  the provisions of [this chapter.] NRS 486A.010 to 486A.180, inclusive.

2-36    2.  Upon request, the department of motor vehicles and public safety

2-37  shall provide to the department information contained in records of

2-38  registration of motor vehicles.

2-39    Sec. 6. NRS 486A.170 is hereby amended to read as follows:

2-40    486A.170  1.  An authorized representative of the department may

2-41  enter and inspect any fleet of 10 or more motor vehicles that is subject to

2-42  the requirements of [this chapter] NRS 486A.010 to 486A.180, inclusive,

2-43  to ascertain compliance with the provisions of [this chapter] NRS

2-44  486A.010 to 486A.180, inclusive, and regulations adopted pursuant

2-45  thereto.

2-46    2.  A person who owns or leases a fleet of 10 or more vehicles shall

2-47  not:

3-1    (a) Refuse entry or access to the motor vehicles to any authorized

3-2  representative of the department who requests entry for the purpose of

3-3  inspection as provided in subsection 1.

3-4    (b) Obstruct, hamper or interfere with any such inspection.

3-5    3.  If requested by the owner or lessor of a fleet of motor vehicles, the

3-6  department shall prepare a report of an inspection made pursuant to

3-7  subsection 1 setting forth all facts determined which relate to the owner’s

3-8  or lessor’s compliance with the provisions of [this chapter] NRS 486A.010

3-9  to 486A.180, inclusive, and any regulations adopted pursuant thereto.

3-10    Sec. 7. NRS 486A.180 is hereby amended to read as follows:

3-11    486A.180  1.  Except as otherwise provided in subsection 4, any

3-12  person who violates any provision of [this chapter] NRS 486A.010 to

3-13  486A.180, inclusive, or any regulation adopted pursuant thereto, is guilty

3-14  of a civil offense and shall pay an administrative fine levied by the

3-15  commission of not more than $5,000. Each day of violation constitutes a

3-16  separate offense.

3-17    2.  The commission shall by regulation establish a schedule of

3-18  administrative fines of not more than $1,000 for lesser violations of any

3-19  provision of [this chapter] NRS 486A.010 to 486A.180, inclusive, or any

3-20  regulation in force pursuant thereto.

3-21    3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of

3-22  the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and

3-23  regulations in force pursuant thereto, by injunction or other appropriate

3-24  remedy. The commission or the director of the department [of conservation

3-25  and natural resources] may institute and maintain in the name of the State

3-26  of Nevada any such enforcement proceeding.

3-27    4.  A person who fails to pay a fine levied pursuant to subsection 1 or 2

3-28  within 30 days after the fine is imposed is guilty of a misdemeanor. The

3-29  provisions of this subsection do not apply to a person found by the court to

3-30  be indigent.

3-31    5.  The commission and the department shall deposit all money

3-32  collected pursuant to this section in the state general fund. Money

3-33  deposited in the state general fund pursuant to this subsection must be

3-34  accounted for separately and may only be expended upon legislative

3-35  appropriation.

 

3-36  H