Assembly Bill No. 36–Committee on Natural Resources, Agriculture, and Mining

 

Prefiled January 31, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Revises provisions relating to control of emissions from engines of certain motor vehicles. (BDR 40‑196)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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; revising provisions governing the program established by the State Environmental Commission for the regulation of smoke and other emissions by inspection of certain heavy-duty motor vehicles; revising provisions relating to the inspection and testing of certain motor vehicles; prohibiting certain branch offices and agents of the Department of Motor Vehicles from registering certain motor vehicles; eliminating the requirement that certain standards for petroleum products adopted by the State Board of Agriculture be similar to those of the State of California; exempting military tactical vehicles from requirements relating to the control of emissions from engines; 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

1-2  thereto the provisions set forth as sections 2 to 5, inclusive, of this

1-3  act.

1-4  Sec. 2.  “Heavy-duty motor vehicle” means, except as

1-5  otherwise provided in NRS 445B.780, a motor vehicle that has a

2-1  manufacturer’s gross vehicle weight rating of 8,500 pounds or

2-2  more. The term does not include a passenger car.

2-3  Sec. 3.  “Motor vehicle fuel” has the meaning ascribed to it in

2-4  NRS 365.060.

2-5  Sec. 4.  “Special fuel” has the meaning ascribed to it in

2-6  NRS 366.060.

2-7  Sec. 5.  1.  The provisions of NRS 445B.700 to 445B.845,

2-8  inclusive, and sections 2 to 5, inclusive, of this act do not apply to

2-9  military tactical vehicles.

2-10      2.  As used in this section, “military tactical vehicle” means a

2-11  motor vehicle that is:

2-12      (a) Owned or controlled by the United States Department of

2-13  Defense or by a branch of the Armed Forces of the United States;

2-14  and

2-15      (b) Used in combat, combat support, combat service support,

2-16  tactical or relief operations, or training for such operations.

2-17      Sec. 6.  NRS 445B.700 is hereby amended to read as follows:

2-18      445B.700  As used in NRS 445B.700 to 445B.845, inclusive,

2-19  and sections 2 to 5, inclusive, of this act, unless the context

2-20  otherwise requires, the words and terms defined in NRS 445B.705

2-21  to 445B.758, inclusive, and sections 2, 3 and 4 of this act have the

2-22  meanings ascribed to them in those sections.

2-23      Sec. 7.  NRS 445B.780 is hereby amended to read as follows:

2-24      445B.780  1.  The Commission shall, by regulation, establish a

2-25  program for the regulation of smoke and other emissions by

2-26  inspection of heavy-duty motor vehicles that are powered by diesel

2-27  fuel or [gasoline. The program must be substantially similar to the

2-28  program established in the State of California.

2-29      2.  The Director of the State Department of Conservation and

2-30  Natural Resources shall review each amendment, repeal or other

2-31  revision of a law or regulation of the State of California relating to

2-32  the program established pursuant to subsection 1 to determine its

2-33  appropriateness for this state. The Director shall recommend to the

2-34  Commission any such provisions which he deems necessary or

2-35  appropriate to ensure that program remains substantially similar to

2-36  the program established in the State of California.

2-37      3.] motor vehicle fuel.

2-38      2.  The Commission shall adopt regulations concerning:

2-39      (a) The equipment used to measure smoke and other emissions

2-40  of heavy-duty motor vehicles.

2-41      (b) The granting of a waiver [from the provisions adopted by

2-42  reference in this section,] if compliance involves repair and

2-43  equipment costs which exceed the limits established by the

2-44  Commission. The Commission shall establish the limits in a manner

3-1  which avoids unnecessary financial hardship to owners of heavy-

3-2  duty motor vehicles.

3-3  [4.]3.  As used in this section, [a] “heavy-duty motor vehicle”

3-4  means a motor vehicle that has a manufacturer’s gross vehicle

3-5  weight rating of [8,500] 10,001 pounds or more. The term does not

3-6  include a passenger car.

3-7  Sec. 8.  NRS 445B.795 is hereby amended to read as follows:

3-8  445B.795  The authority set forth in NRS 445B.770 providing

3-9  for a compulsory inspection program is limited as follows:

3-10      1.  In a county whose population is 100,000 or more, [all

3-11  passenger cars and light-duty motor vehicles which use diesel] the

3-12  following categories of motor vehicles which are powered by

3-13  motor vehicle fuel or special fuel and require inspection pursuant to

3-14  the regulations adopted by the Commission under NRS 445B.770

3-15  are required to have evidence of compliance upon registration or

3-16  reregistration [.]:

3-17      (a) All passenger cars;

3-18      (b) Light-duty motor vehicles; and

3-19      (c) Heavy-duty motor vehicles having a manufacturer’s gross

3-20  vehicle weight rating which does not exceed 10,000 pounds.

3-21      2.  In areas which have been designated by the Commission for

3-22  inspection programs and which are located in counties whose

3-23  populations are 100,000 or more, all used motor vehicles which

3-24  require inspection pursuant to the regulations adopted by the

3-25  Commission under NRS 445B.770 are required to have evidence of

3-26  compliance upon registration or reregistration.

3-27      3.  In designated areas in other counties where the Commission

3-28  puts a program into effect, all used motor vehicles which require

3-29  inspection pursuant to the regulations adopted by the Commission

3-30  under NRS 445B.770 are required to have evidence of compliance

3-31  upon registration or reregistration.

3-32      4.  The board of county commissioners of a county containing a

3-33  designated area may revise its program for the designated area after

3-34  receiving the approval of the Commission.

3-35      5.  Before carrying out the inspections of vehicles required

3-36  pursuant to the regulations adopted by the Commission pursuant

3-37  to NRS 445B.770, the Commission shall, by regulation, adopt

3-38  testing procedures and standards for emissions for those vehicles.

3-39      Sec. 9.  NRS 445B.815 is hereby amended to read as follows:

3-40      445B.815  1.  Except as otherwise provided in subsection 2,

3-41  persons employed at branch offices of the Department of Motor

3-42  Vehicles and the offices of county assessors who are acting as

3-43  agents of the Department in the collection of fees for registration,

3-44  shall not register:

3-45      (a) A passenger car or light-duty motor vehicle which:

4-1       (1) Uses [diesel] motor vehicle fuel or special fuel;

4-2       (2) Is based in a county whose population is 100,000 or

4-3  more; and

4-4       (3) Requires inspection pursuant to the regulations adopted

4-5  by the Commission under NRS 445B.770; [or]

4-6  (b) A heavy-duty motor vehicle having a manufacturer’s gross

4-7  vehicle weight rating which does not exceed 10,000 pounds, that:

4-8       (1) Uses motor vehicle fuel or special fuel;

4-9       (2) Is based in a county whose population is 100,000 or

4-10  more; and

4-11          (3) Requires inspection pursuant to the regulations adopted

4-12  by the Commission under NRS 445B.770; or

4-13      (c) A vehicle which:

4-14          (1) Is based in an area of this state designated by the

4-15  Commission; and

4-16          (2) Requires inspection pursuant to the regulations adopted

4-17  by the Commission under NRS 445B.770,

4-18  until evidence of compliance with NRS 445B.700 to 445B.845,

4-19  inclusive, has been provided.

4-20      2.  An owner or lessee of a fleet of three or more vehicles may,

4-21  upon application to the Department of Motor Vehicles, submit

4-22  evidence of compliance for his motor vehicles in a manner

4-23  determined by that Department.

4-24      Sec. 10.  NRS 445B.845 is hereby amended to read as follows:

4-25      445B.845  1.  A violation of any provision of NRS 445B.700

4-26  to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act

4-27  relating to motor vehicles, or any regulation adopted pursuant

4-28  thereto relating to motor vehicles, is a misdemeanor. The provisions

4-29  of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5,

4-30  inclusive, of this act or any regulation adopted pursuant thereto,

4-31  must be enforced by any peace officer.

4-32      2.  Satisfactory evidence that the motor vehicle or its equipment

4-33  conforms to those provisions or regulations, when supplied by the

4-34  owner of the motor vehicle to the Department of Motor Vehicles

4-35  within 10 days after the issuance of a citation pursuant to subsection

4-36  1, may be accepted by the court as a complete or partial mitigation

4-37  of the offense.

4-38      Sec. 11.  NRS 590.070 is hereby amended to read as follows:

4-39      590.070  1.  The State Board of Agriculture shall adopt

4-40  regulations relating to the standards for petroleum products used in

4-41  internal combustion engines . [, which are substantially similar to

4-42  the laws and regulations of the State of California relating to those

4-43  standards.

4-44      2.  The State Board of Agriculture shall review each

4-45  amendment, repeal or other revision of a law or regulation of the

5-1  State of California relating to those standards to determine its

5-2  appropriateness for this state. The Board shall adopt any regulation

5-3  based on a law or regulation of the State of California which the

5-4  Board determines is necessary or appropriate for this state to ensure

5-5  that the regulations adopted by the Board remain substantially

5-6  similar to the laws and regulations adopted by the State of California

5-7  concerning those standards.

5-8  3.]2.  It is unlawful for any person, or any officer, agent or

5-9  employee thereof, to sell, offer for sale, assist in the sale of, deliver

5-10  or permit to be sold or offered for sale, any petroleum or petroleum

5-11  product as, or purporting to be, gasoline or diesel fuel, unless it

5-12  conforms with the regulations adopted by the State Board of

5-13  Agriculture pursuant to this section.

5-14      [4.]3.  This section does not apply to aviation fuel.

5-15      [5.]4.  In addition to any criminal penalty that is imposed

5-16  pursuant to the provisions of NRS 590.150, any person who violates

5-17  any provision of this section may be further punished as provided in

5-18  NRS 590.071.

 

5-19  H