Senate Bill No. 534–Committee on Natural Resources

 

(On Behalf of Air Quality Programs in Clark County (SB 432))

 

March 26, 2001

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes relating to control of air pollution. (BDR 40‑794)

 

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 air pollution; requiring the state department of conservation and natural resources to take certain actions with regard to the financing of programs for the control of air pollution; providing for the review of an implementation plan of a local air pollution control board by the department; requiring the department to establish standards for the control of regional haze; requiring certain local air pollution control boards to conduct an audit of their programs for the control of air pollution; requiring the department to establish a program that provides incentives for the repair of motor vehicles which do not comply with the standards for emissions; revising the provisions relating to the determination of the adequacy of certain programs for the control of air pollution; requiring the department to establish a program to provide incentives for the use of alternative fuels 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 445B of NRS is hereby amended by adding thereto

1-2  sections 2 to 6, inclusive, to read as follows:

1-3    Sec. 2.  “Local air pollution control board” means a board that

1-4  establishes a program for the control of air pollution pursuant to NRS

1-5  445B.500.

1-6    Sec. 3.  The department shall:

1-7    1.  Review the financial condition of each program for the control of

1-8  air pollution and determine the present and future financial needs of the

1-9  program;

1-10    2.  Apply for money from sources that make money available for

1-11  programs for the control of air pollution;

2-1    3.  Establish priorities for use of money received by the department by

2-2  local air pollution control boards in their programs for the control of air

2-3  pollution; and

2-4    4.  Recommend legislation relating to providing money for programs

2-5  for the control of air pollution to the legislature.

2-6    Sec. 4.  1.  Before adopting an implementation plan or a revision of

2-7  such a plan, a local air pollution control board shall submit the plan or

2-8  revision to the department. The department shall review the plan or

2-9  revision to determine whether the plan or revision complies with the

2-10  requirements of the Federal Act, and the regulations adopted pursuant

2-11  thereto, and with the measures for control of air pollution carried out by

2-12  the state. If the department determines that an implementation plan or

2-13  revision thereof does not comply with the requirements of the Federal

2-14  Act and with the control measures implemented by the state, the

2-15  department shall return the plan or revision to the local air pollution

2-16  control board and assist the local pollution control board in revising the

2-17  plan or revision to conform to the federal requirements and the measures

2-18  for control of air pollution by the state.

2-19    2.  The department shall:

2-20    (a) Assist local air pollution control boards in the development of

2-21  programs for the control of air pollution;

2-22    (b) Review programs for the control of air pollution to ensure that the

2-23  programs comply with state and federal laws and regulations and with

2-24  applicable implementation plans; and

2-25    (c) Monitor requirements for control of air pollution in the Federal

2-26  Act, and the regulations enacted pursuant thereto.

2-27    3.  As used in this section, “implementation plan” means an

2-28  implementation plan required pursuant to the Federal Act.

2-29    Sec. 5.  1.  The department shall:

2-30    (a) Establish standards for the control of regional haze;

2-31    (b) Assist a local air pollution control board in establishing measures

2-32  for control of regional haze;

2-33    (c) Periodically review the progress of a local air pollution control

2-34  board in controlling and reducing regional haze; and

2-35    (d) If this state is required by federal law or regulation to submit a

2-36  plan for the control of regional haze, establish and submit to the Federal

2-37  Government a plan for the control of regional haze for this state in

2-38  accordance with the federal laws and regulations relating thereto.

2-39    2.  A local air pollution control board shall:

2-40    (a) Consult with the department regarding the control of regional

2-41  haze; and

2-42    (b) Establish measures to reduce and control regional haze.

2-43    3.  As used in this section, “regional haze” has the meaning ascribed

2-44  to it in 40 C.F.R. § 51.301.

2-45    Sec. 6.  1.  The local air pollution control board in a county whose

2-46  population is 400,000 or more shall provide for a biennial audit of its

2-47  program for the control of air pollution.

 

3-1    2.  The audit must include, without limitation, a detailed evaluation

3-2  of the following areas of the program:

3-3    (a) Planning for the control and reduction of air pollution;

3-4    (b) Monitoring of ambient air quality;

3-5    (c) Issuance, renewal and revocation of permits for the control of air

3-6  pollution; and

3-7    (d) Enforcement of the program.

3-8    3.  The audit must be:

3-9    (a) Performed by an independent contractor who must be hired by the

3-10  local air pollution control board; and

3-11    (b) Submitted to the commission on or before November 30 of each

3-12  even-numbered year.

3-13    4.  The local air pollution control board, in consultation with the

3-14  department and the United States Environmental Protection Agency,

3-15  shall develop specific criteria for the independent contractor to consider

3-16  when conducting the audit.

3-17    Sec. 7.  NRS 445B.105 is hereby amended to read as follows:

3-18    445B.105  As used in NRS 445B.100 to 445B.640, inclusive, and

3-19  sections 2 to 6, inclusive, of this act, unless the context otherwise requires,

3-20  the words and terms defined in NRS 445B.110 to 445B.155, inclusive, and

3-21  section 2 of this act have the meanings ascribed to them in those sections.

3-22    Sec. 8.  NRS 445B.503 is hereby amended to read as follows:

3-23    445B.503  1.  In addition to the duties set forth in NRS 445B.500, the

3-24  local air pollution control board in a county whose population is 400,000 or

3-25  more shall cooperate with the regional planning coalition and the regional

3-26  transportation commission in the county in which it is located to:

3-27    (a) Ensure that the plans, policies and programs adopted by each of

3-28  them are consistent to the greatest extent practicable.

3-29    (b) Establish and carry out a program of integrated, long-range planning

3-30  that conserves the economic, financial and natural resources of the region

3-31  and supports a common vision of desired future conditions.

3-32    2.  Before adopting or amending a plan, policy or program, a local air

3-33  pollution control board shall:

3-34    (a) Consult with the regional planning coalition and the regional

3-35  transportation commission; and

3-36    (b) Conduct hearings to solicit public comment on the consistency of

3-37  the plan, policy or program with:

3-38      (1) The plans, policies and programs adopted or proposed to be

3-39  adopted by the regional planning coalition and the regional transportation

3-40  commission; and

3-41      (2) Plans for capital improvements that have been prepared pursuant

3-42  to NRS 278.0226.

3-43    3.  As used in this section:

3-44    (a) [“Local air pollution control board” means a board that establishes a

3-45  program for the control of air pollution pursuant to NRS 445B.500.

3-46    (b)]“Regional planning coalition” has the meaning ascribed to it in

3-47  NRS 278.0172.

4-1    [(c)] (b) “Regional transportation commission” means a regional

4-2  transportation commission created and organized in accordance with

4-3  chapter 373 of NRS.

4-4    Sec. 9.  NRS 445B.520 is hereby amended to read as follows:

4-5    445B.520  1.  If a county required to establish or participate in [an air

4-6  pollution control] a program for the control of air pollution fails to do so,

4-7  or if the commission believes that a program previously approved is

4-8  inadequate, it shall hold a public hearing. If it finds that an adequate

4-9  program has not been adopted or that a program has become inadequate, it

4-10  shall fix a time within which necessary corrective measures are to be taken.

4-11    [2.] If the prescribed measures are not so taken, the commission shall

4-12  direct the department to administer an adequate [air pollution control]

4-13  program for the control of air pollution within the county, which shall be

4-14  a charge on the county, and may supersede any existing [county air

4-15  pollution control program.] program for the control of air pollution.

4-16    2.  On or before January 31 of each even-numbered year, the

4-17  commission shall, for each program for the control of air pollution

4-18  established in a county whose population is 400,000 or more:

4-19    (a) Determine whether the program is adequate;

4-20    (b) Prepare a report on the adequacy of the program pursuant to

4-21  subsection 3; and

4-22    (c) Submit the report to the director of the legislative counsel bureau

4-23  for transmittal to the legislature for its review.

4-24    3.  A report prepared pursuant to subsection 2 must contain:

4-25    (a) The most recent audit for the program completed pursuant to

4-26  section 6 of this act;

4-27    (b) The determination of the commission on the adequacy of the

4-28  program; and

4-29    (c) If necessary, the corrective measures prescribed by the commission

4-30  and the time within which the measures are to be taken.

4-31    4.  The commission shall, by regulation, establish criteria for

4-32  determining whether a program for the control of air pollution is

4-33  adequate.

4-34    Sec. 10.  NRS 445B.810 is hereby amended to read as follows:

4-35    445B.810  1.  In furtherance of the provisions of NRS 445B.700 to

4-36  445B.845, inclusive, and the enforcement thereof, the state department of

4-37  conservation and natural resources shall consult with the department of

4-38  motor vehicles and public safety and furnish them with technical

4-39  information, including testing techniques, procedures for quality assurance

4-40  and standards adopted by the commission , and instruction for emission

4-41  control features and equipment.

4-42    2.  In consultation with the department of motor vehicles and public

4-43  safety and the agencies of local governments that are responsible for the

4-44  control of air pollution, the state department of conservation and natural

4-45  resources shall develop a program that provides incentives for the repair

4-46  of motor vehicles which do not comply with standards for emissions.

 

 

5-1    Sec. 11.  Chapter 486A of NRS is hereby amended by adding thereto a

5-2  new section to read as follows:

5-3    The department, in consultation with the department of business and

5-4  industry, shall establish, by regulation, a program that provides

5-5  incentives for a person to use alternative fuels in a motor vehicle. The

5-6  program must include, without limitation, a method for educating the

5-7  public about the program and the benefits of using alternative fuels.

 

5-8  H