exempt

                                                       (REPRINTED WITH ADOPTED AMENDMENTS)

 

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 state environmental commission 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 develop a program that provides incentives for the repair of motor vehicles which do not comply with the standards for emission; revising the provisions relating to the determination of the adequacy of certain programs for the control of air pollution; requiring the department to develop a program to provide incentives for the use of alternative fuels in motor vehicles; requiring the department to report to the legislature concerning such programs; 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.  Coordinate with local air pollution control boards to review the

1-8  financial condition of each program for the control of air pollution and

1-9  determine the present and future financial needs of the 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 in a county whose

2-8  population is 400,000 or more shall submit the plan or revision to the

2-9  department. The department shall review the plan or revision to

2-10  determine whether the plan or revision complies with the requirements of

2-11  the Federal Act, and the regulations adopted pursuant thereto, and with

2-12  the measures for control of air pollution carried out by the state. If the

2-13  department determines that an implementation plan or revision thereof

2-14  does not comply with the requirements of the Federal Act and with the

2-15  control measures implemented by the state, the department shall return

2-16  the plan or revision to the local air pollution control board and assist the

2-17  local pollution control board in revising the plan or revision to conform

2-18  to the federal requirements and the measures for control of air pollution

2-19  by the state.

2-20    2.  The department shall:

2-21    (a) Assist local air pollution control boards in the development of

2-22  programs for the control of air pollution;

2-23    (b) Review programs for the control of air pollution to ensure that the

2-24  programs comply with state and federal laws and regulations and with

2-25  applicable implementation plans; and

2-26    (c) Monitor requirements for control of air pollution in the Federal

2-27  Act, and the regulations enacted pursuant thereto.

2-28    3.  As used in this section, “implementation plan” means an

2-29  implementation plan required pursuant to the Federal Act.

2-30    Sec. 5.  1.  The commission shall adopt regulations which establish

2-31  measures for the control and reduction of regional haze to meet the

2-32  standards established by federal law and the regulations relating thereto.

2-33    2.  The department shall:

2-34    (a) Enforce the measures for control and reduction of regional haze

2-35  adopted by the commission;

2-36    (b) Assist a local air pollution control board in establishing measures

2-37  for control of regional haze;

2-38    (c) Establish and submit to the Federal Government a plan for the

2-39  control of regional haze for this state in accordance with the federal laws

2-40  and regulations relating thereto; and

2-41    (d) Periodically review the progress and effectiveness of the measures

2-42  for control and reduction of regional haze adopted by the commission.

2-43    3.  A local air pollution control board shall:

2-44    (a) Consult with the department regarding the control of regional

2-45  haze; and

2-46    (b) Establish measures to reduce and control regional haze consistent

2-47  with the measures adopted by the commission.

2-48    4.  As used in this section, “regional haze” has the meaning ascribed

2-49  to it in 40 C.F.R. § 51.301.

3-1    Sec. 6.  1.  The local air pollution control board in a county whose

3-2  population is 400,000 or more shall provide for a biennial audit of its

3-3  program for the control of air pollution.

3-4    2.  The audit must include, without limitation, a detailed evaluation

3-5  of the following areas of the program:

3-6    (a) Planning for the control and reduction of air pollution;

3-7    (b) Monitoring of ambient air quality;

3-8    (c) Issuance, renewal and revocation of permits for the control of air

3-9  pollution; and

3-10    (d) Enforcement of the program.

3-11    3.  The audit must be:

3-12    (a) Performed by an independent contractor who must be hired by the

3-13  local air pollution control board; and

3-14    (b) Submitted to the commission on or before November 30 of each

3-15  even-numbered year.

3-16    4.  The local air pollution control board, in consultation with the

3-17  department and the United States Environmental Protection Agency,

3-18  shall develop specific criteria for the independent contractor to consider

3-19  when conducting the audit.

3-20    Sec. 7.  NRS 445B.105 is hereby amended to read as follows:

3-21    445B.105  As used in NRS 445B.100 to 445B.640, inclusive, and

3-22  sections 2 to 6, inclusive, of this act, unless the context otherwise requires,

3-23  the words and terms defined in NRS 445B.110 to 445B.155, inclusive, and

3-24  section 2 of this act have the meanings ascribed to them in those sections.

3-25    Sec. 8.  NRS 445B.503 is hereby amended to read as follows:

3-26    445B.503  1.  In addition to the duties set forth in NRS 445B.500, the

3-27  local air pollution control board in a county whose population is 400,000 or

3-28  more shall cooperate with the regional planning coalition and the regional

3-29  transportation commission in the county in which it is located to:

3-30    (a) Ensure that the plans, policies and programs adopted by each of

3-31  them are consistent to the greatest extent practicable.

3-32    (b) Establish and carry out a program of integrated, long-range planning

3-33  that conserves the economic, financial and natural resources of the region

3-34  and supports a common vision of desired future conditions.

3-35    2.  Before adopting or amending a plan, policy or program, a local air

3-36  pollution control board shall:

3-37    (a) Consult with the regional planning coalition and the regional

3-38  transportation commission; and

3-39    (b) Conduct hearings to solicit public comment on the consistency of

3-40  the plan, policy or program with:

3-41      (1) The plans, policies and programs adopted or proposed to be

3-42  adopted by the regional planning coalition and the regional transportation

3-43  commission; and

3-44      (2) Plans for capital improvements that have been prepared pursuant

3-45  to NRS 278.0226.

3-46    3.  As used in this section:

3-47    (a) [“Local air pollution control board” means a board that establishes a

3-48  program for the control of air pollution pursuant to NRS 445B.500.

4-1    (b)]“Regional planning coalition” has the meaning ascribed to it in

4-2  NRS 278.0172.

4-3    [(c)] (b) “Regional transportation commission” means a regional

4-4  transportation commission created and organized in accordance with

4-5  chapter 373 of NRS.

4-6    Sec. 9.  NRS 445B.520 is hereby amended to read as follows:

4-7    445B.520  1.  If a county required to establish or participate in [an air

4-8  pollution control] a program for the control of air pollution fails to do so,

4-9  or if the commission believes that a program previously approved is

4-10  inadequate, it shall hold a public hearing. If it finds that an adequate

4-11  program has not been adopted or that a program has become inadequate, it

4-12  shall fix a time within which necessary corrective measures are to be taken.

4-13    [2.] If the prescribed measures are not so taken, the commission shall

4-14  direct the department to administer an adequate [air pollution control]

4-15  program for the control of air pollution within the county, which shall be

4-16  a charge on the county, and may supersede any existing [county air

4-17  pollution control program.] program for the control of air pollution.

4-18    2.  On or before January 31 of each even-numbered year, the

4-19  commission shall, for each program for the control of air pollution

4-20  established in a county whose population is 400,000 or more:

4-21    (a) Determine whether the program is adequate;

4-22    (b) Prepare a report on the adequacy of the program pursuant to

4-23  subsection 3; and

4-24    (c) Submit the report to the director of the legislative counsel bureau

4-25  for transmittal to the legislature for its review.

4-26    3.  A report prepared pursuant to subsection 2 must contain:

4-27    (a) The most recent audit for the program completed pursuant to

4-28  section 6 of this act;

4-29    (b) The determination of the commission on the adequacy of the

4-30  program; and

4-31    (c) If necessary, the corrective measures prescribed by the commission

4-32  and the time within which the measures are to be taken.

4-33    4.  The commission shall, by regulation, establish criteria for

4-34  determining whether a program for the control of air pollution is

4-35  adequate.

4-36    Sec. 10.  NRS 445B.810 is hereby amended to read as follows:

4-37    445B.810  1.  In furtherance of the provisions of NRS 445B.700 to

4-38  445B.845, inclusive, and the enforcement thereof, the state department of

4-39  conservation and natural resources shall consult with the department of

4-40  motor vehicles and public safety and furnish them with technical

4-41  information, including testing techniques, procedures for quality assurance

4-42  and standards adopted by the commission , and instruction for emission

4-43  control features and equipment.

4-44    2.  In consultation with the department of motor vehicles and public

4-45  safety and the agencies of local governments that are responsible for the

4-46  control of air pollution, the state department of conservation and natural

4-47  resources shall develop a program that provides incentives for the repair

4-48  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    In consultation with the department of business and industry, the

5-4  department shall develop a program that provides incentives for a person

5-5  to use alternative fuels in a motor vehicle. The program must include,

5-6  without limitation, a method for educating the public about the program

5-7  and the benefits of using alternative fuels.

5-8    Sec. 12.  1.  Notwithstanding the provisions of subsection 2 of section

5-9  10 and section 11 of this act, the state department of conservation and

5-10  natural resources shall:

5-11    (a) Complete plans for the development of the programs described in

5-12  those provisions; and

5-13    (b) Not carry out the programs described in those provisions until the

5-14  programs are approved and funded by the legislature.

5-15    2.  The state department of conservation and natural resources shall

5-16  present the plans completed pursuant to subsection 1 to the 72nd session of

5-17  the Nevada legislature.

 

5-18  H