MINUTES OF THE
SENATE Committee on Natural Resources
Seventy-second Session
March 3, 2003
The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:30 p.m., on Monday, March 3, 2003, in Room 2144 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Senator Dean A. Rhoads, Chairman
Senator Mike McGinness, Vice Chairman
Senator Raymond C. Shaffer
Senator Mark Amodei
Senator Bob Coffin
Senator Michael Schneider
Senator Maggie Carlton
STAFF MEMBERS PRESENT:
Fred Welden, Committee Policy Analyst
Gina Rasner, Committee Secretary
OTHERS PRESENT:
Verne Rosse, Deputy Administrator, Corrective Actions, Federal Facilities and Waste Management Programs, Division of Environmental Protection, Department of Conservation and Natural Resources
John Sande III, Lobbyist, Western States Petroleum Association
Blair Poulsen, Chairman, Board for the Regulation of Liquefied Petroleum Gas, Professional and Occupational Licensing Boards
Ray Bacon, Lobbyist, Nevada Manufacturers Association
Joe Johnson, Lobbyist, Toiyabe Chapter/Sierra Club
Ex-Senator Lawrence Jacobsen, Lobbyist, Douglas County
Chairman Rhoads opened the hearing on Senate Bill (S.B.) 127 and S.B. 67.
SENATE BILL 67: Makes various changes to provisions governing regulation of highly hazardous substances and explosives. (BDR 40-297)
SENATE BILL 127: Makes various changes to provisions governing hazardous materials. (BDR 40-296)
Verne Rosse, Deputy Administrator, Corrective Actions, Federal Facilities and Waste Management Programs Division of Environmental Protection State Department of Conservation and Natural Resources, presented a written testimony on S.B. 67 and S.B. 127 (Exhibit C). Mr. Rosse said he would like to suggest to the committee to consolidate the two bills into one, due to inconsistencies. Chairman Rhoads asked from where the reimbursement funds of an investigation would come. Mr. Rosse explained reimbursement comes from fees of an inspection pertaining to the usage or storage of hazardous materials and the requirements established by the Nevada State Environmental Commission. Any additional costs would be included. Chairman Rhoads asked Mr. Rosse to please work with Fred Welden, Committee Policy Analyst, to combine both bills into one.
John Sande, Lobbyist, Western States Petroleum Association, said he agreed with S.B. 67 and S.B. 127 being amended. Mr. Sande continued to point out different sections that needed to be changed. Chairman Rhoads asked Mr. Sande to also work with Mr. Welden in making those changes.
Blair Paulson, Chairman, Board for the Regulation of Liquefied Petroleum Gas, said he is also concerned about the language used in both bills. He said there is a potential for overlapping authority among the Division of Environmental Protection and the Board for the Regulation of Liquefied Petroleum Gas. Mr. Paulson said there is a substantial difference between what both agencies charge to conduct hazardous material inspection. With the open-ended language, the Board of Regulation of Liquefied Gas could be affected by it.
Ray Bacon, Lobbyist, Nevada Manufacturers Association, said changes are needed in both S.B. 67 and S.B. 127. Reducing lengthy reports of hazardous material spills, continuing of consolidating programs, and removing the list of hazardous materials from the statute will allow flexibility of changes that need to be made. Chairman Rhoads asked why propane was not on the list of hazardous materials. Mr. Bacon replied that propane has been handled by the federal government and the State as separate entities. There has been no effort to regulate the smaller facilities. The emphasis for regulation has been in the major facilities.
Chairman Rhoads asked Mr. Rosse why there was a substantial difference in the fees of an inspection related to hazardous materials. Mr. Rosse said a base fee is charged to conduct an assessment of the degree of a hazardous chemical used in a facility, and also $10.50 for every unit of chemical that was involved. If a facility is found not in compliance with regulations, the State Department of Conservation and Natural Resources works with them to bring them into compliance.
Joe Johnson, Lobbyist, Toiyabe Chapter/Sierra Club, testified in favor of removing the list of hazardous materials from S.B. 67 and S.B. 127.
Ex-Senator Lawrence Jacobson, Lobbyist, Douglas County, said an amendment is needed for thorough identification of hazardous materials and informing local response teams and the fire marshal of these materials used on the premises.
Chairman Rhoads closed the hearing on S.B. 127 and opened the hearing on S.B. 67.
Mr. Rosse testified that S.B. 67 is a companion bill to S.B. 127 and it comes out of recommendation from the Legislative Commissions Subcommittee on Industrial Explosions. Mr. Rosse gave a brief summary of S.B. 67 (Exhibit C).
There being no further business, Chairman Rhoads adjourned the meeting at 2:15 p.m.
Gina Rasner,
Committee Secretary
APPROVED BY:
Senator Dean A. Rhoads, Chairman
DATE: