ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
“Section 1. Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. “Heavy-duty motor vehicle” means, except as otherwise provided in NRS 445B.780, a motor vehicle that has a manufacturer’s gross vehicle weight rating of 8,500 pounds or more. The term does not include a passenger car.
Sec. 3. “Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060.
Sec. 4. “Special fuel” has the meaning ascribed to it in NRS 366.060.
Sec. 5. 1. The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act do not apply to military tactical vehicles.
2. As used in this section, “military tactical vehicle” means a motor vehicle that is:
(a) Owned or controlled by the United States Department of Defense or by a branch of the Armed Forces of the United States; and
(b) Used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.
Sec. 6. NRS 445B.700 is hereby amended to read as follows:
445B.700 As used in NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 445B.780 is hereby amended to read as follows:
445B.780 1. The Commission shall, by regulation, establish a program for the regulation of smoke and other emissions by inspection of heavy-duty motor vehicles that are powered by diesel fuel or [gasoline. The program must be substantially similar to the program established in the State of California.
2. The Director of the State Department of Conservation and Natural Resources shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to the program established pursuant to subsection 1 to determine its appropriateness for this state. The Director shall recommend to the Commission any such provisions which he deems necessary or appropriate to ensure that program remains substantially similar to the program established in the State of California.
3.] motor vehicle fuel.
2. The Commission shall adopt regulations concerning:
(a) The equipment used to measure smoke and other emissions of heavy-duty motor vehicles.
(b) The granting of a waiver [from the provisions adopted by reference in this section,] if compliance involves repair and equipment costs which exceed the limits established by the Commission. The Commission shall establish the limits in a manner which avoids unnecessary financial hardship to owners of heavy-duty motor vehicles.
[4.]3. As used in this section, [a] “heavy-duty motor vehicle” means a motor vehicle that has a manufacturer’s gross vehicle weight rating of [8,500] 10,001 pounds or more. The term does not include a passenger car.
Sec. 8. NRS 445B.795 is hereby amended to read as follows:
445B.795 The authority set forth in NRS 445B.770 providing for a compulsory inspection program is limited as follows:
1. In a county whose population is 100,000 or more, [all passenger cars and light-duty motor vehicles which use diesel] the following categories of motor vehicles which are powered by motor vehicle fuel or special fuel and require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration [.]:
(a) All passenger cars;
(b) Light-duty motor vehicles; and
(c) Heavy-duty motor vehicles having a manufacturer’s gross vehicle weight rating which does not exceed 10,000 pounds.
2. In areas which have been designated by the Commission for inspection programs and which are located in counties whose populations are 100,000 or more, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.
3. In designated areas in other counties where the Commission puts a program into effect, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.
4. The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the Commission.
5. Before carrying out the inspections of vehicles required pursuant to the regulations adopted by the Commission pursuant to NRS 445B.770, the Commission shall, by regulation, adopt testing procedures and standards for emissions for those vehicles.
Sec. 9. NRS 445B.815 is hereby amended to read as follows:
445B.815 1. Except as otherwise provided in subsection 2, persons employed at branch offices of the Department of Motor Vehicles and the offices of county assessors who are acting as agents of the Department in the collection of fees for registration, shall not register:
(a) A passenger car or light-duty motor vehicle which:
(1) Uses [diesel] motor vehicle fuel or special fuel;
(2) Is based in a county whose population is 100,000 or more; and
(3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; [or]
(b) A heavy-duty motor vehicle having a manufacturer’s gross vehicle weight rating which does not exceed 10,000 pounds, that:
(1) Uses motor vehicle fuel or special fuel;
(2) Is based in a county whose population is 100,000 or more; and
(3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; or
(c) A vehicle which:
(1) Is based in an area of this state designated by the Commission; and
(2) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770,
FLUSH
until evidence of compliance with NRS 445B.700 to 445B.845,
inclusive, has been provided.
2. An owner or lessee of a fleet of three or more vehicles may, upon application to the Department of Motor Vehicles, submit evidence of compliance for his motor vehicles in a manner determined by that Department.
Sec. 10. NRS 445B.845 is hereby amended to read as follows:
445B.845 1. A violation of any provision of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act relating to motor vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act or any regulation adopted pursuant thereto, must be enforced by any peace officer.
2. Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.
Sec. 11. NRS 590.070 is hereby amended to read as follows:
590.070 1. The State Board of Agriculture shall adopt regulations relating to the standards for petroleum products used in internal combustion engines . [, which are substantially similar to the laws and regulations of the State of California relating to those standards.
2. The State Board of Agriculture shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to those standards to determine its appropriateness for this state. The Board shall adopt any regulation based on a law or regulation of the State of California which the Board determines is necessary or appropriate for this state to ensure that the regulations adopted by the Board remain substantially similar to the laws and regulations adopted by the State of California concerning those standards.
3.]2. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline or diesel fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.
[4.]3. This section does not apply to aviation fuel.
[5.]4. In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.”.
Amend the title of the bill to read as follows:
“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.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to control of emissions from engines of certain motor vehicles. (BDR 40‑196)”.