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 section 1, page 2, lines 17 and 18, by deleting:
“a chemical accident caused by” and inserting:
“an accident occurring in connection with”.
Amend section 1, page 2, line 19, by deleting:
“at a regulated” and inserting:
“or explosives at a”.
Amend section 1, page 2, line 20, by deleting “presents” and inserting “presented”.
Amend section 1, page 2, line 21, by deleting “regulated”.
Amend section 1, page 2, line 23, by deleting “accident.” and inserting:
“accident if the owner or operator of the facility:
(a) Is unwilling to commence and has not commenced an investigation in a timely manner; or
(b) Is not capable of and has not retained expertise capable of conducting an investigation.
2.”.
Amend section 1, page 2, lines 24, 26, 27, 37 and 38, by deleting “regulated”.
Amend section 1, page 2, line 41, by deleting “2.” and inserting “3.”.
Amend section 1, page 2, lines 44 and 45, by deleting “regulated”.
Amend section 1, page 3, line 1, by deleting “3.” and inserting “4.”.
Amend section 1, page 3, line 4, by deleting “regulated”.
Amend section 1, page 3, line 5, by deleting “4.” and inserting “5.”.
Amend section 1, page 3, line 8, by deleting “3,” and inserting “4,”.
Amend section 1, page 3, line 9, by deleting “regulated”.
Amend section 1, page 3, line 11, by deleting “5.” and inserting “6.”.
Amend sec. 2, page 3, line 19, by deleting “459.3804” and inserting “[459.3804] 459.3806”.
Amend the bill as a whole by deleting sections 3 and 4 and renumbering sec. 5 as sec. 3.
Amend sec. 5, page 4, by deleting lines 8 through 15 and inserting:
“1. Any activity that involves a highly hazardous substance [listed in NRS 459.3816 or in a regulation of the Division adopted pursuant to NRS 459.3833, and includes,] or explosive, including, without limitation, the use, storage, manufacture, handling or on-site movement , [of the substance,] or any combination thereof [.] of the substance or explosive.”.
Amend sec. 5, page 4, lines 19 and 20, by deleting:
“which makes possible the release of a substance [.] or explosive.” and inserting:
“[which makes possible the release of a substance.] that a highly hazardous substance or explosive could potentially be released, including, without limitation, the release, fire or explosion in one vessel that could cause a release, fire or explosion in another vessel.
3. As used in this section:
(a) “Explosive” means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816; and
(b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.”.
Amend the bill as a whole by renumbering sections 6 through 8 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 5, to read as follows:
“Sec. 4. NRS 459.381 is hereby amended to read as follows:
459.381 [“Regulated facility”] “Facility” means a building, equipment and contiguous area where:
1. Highly hazardous substances are produced, used, stored or handled; or
2. Explosives are manufactured for sale.”.
Amend sec. 6, page 4, by deleting lines 24 through 31 and inserting:
“inclusive, and section 1 of this act and any regulations adopted pursuant thereto, apply to a [regulated facility that:
(a) Produces, uses, stores or handles] facility:
(a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:
(1) Equal to or greater than the amount [set forth in] designated pursuant to NRS 459.3816; or
(2) Less than the amount [set forth in] designated pursuant to NRS 459.3816 if there are two or more releases from the [regulated] facility of the same or different highly hazardous”.
Amend sec. 6, pages 4 and 5, by deleting lines 38 through 45 on page 4 and lines 1 through 4 on page 5, and inserting:
“(b) [Manufactures] Where explosives are manufactured for sale.
2. The owner or operator of a facility that is constructing or operating a process described in subsection 1 shall ensure that each process constructed or operated by the facility complies with the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.
3. A [regulated] facility described in subparagraph (2) of paragraph (a) of subsection 1 is exempt from [complying with] the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto if:
(a) The Division determines that the [regulated facility has:
(1) Carried out the detailed plan to abate hazards recommended pursuant to subsection 3 of NRS 459.3852; and
(2) Complied] owner or operator of the facility has complied with such [other] provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and the regulations adopted pursuant thereto, as the Division requires; and
(b) The [regulated] owner or operator of the facility obtains an exemption from the State”.
Amend sec. 6, page 5, by deleting lines 8 through 10 and inserting:
“[3.] 4. As used in this section [, “highly] :
(a) “Explosive” means any [substance] material designated as [such in NRS 459.3816 or any regulations adopted pursuant thereto.]subject to regulation as an explosive pursuant to NRS 459.3816.
(b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.”.
Amend sec. 8, pages 9 and 10, by deleting lines 42 through 44 on page 9 and line 1 on page 10 and inserting:
“including, without limitation, any chemical, the release of which into the environment or the”.
Amend sec. 8, page 10, line 11, by deleting “Government,” and inserting:
“Government and the provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r),”.
Amend sec. 8, page 10, line 22, by deleting “Government,” and inserting:
“Government and the provisions set forth in 18 U.S.C. §§ 841, et seq.,”.
Amend the bill as a whole by adding a new section, designated sec. 8, following sec. 8, to read as follows:
“Sec. 8. NRS 459.3818 is hereby amended to read as follows:
459.3818 1. [The Division] In addition to the regulations required to be adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act, the State Environmental Commission shall adopt such other regulations as are necessary to carry out the purposes and enforce the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act. The regulations must include, without limitation:
(a) Specifications for the applicability of the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto;
(b) The establishment of a program for the prevention of accidental releases of chemicals that satisfies the provisions of the chemical process safety standard set forth pursuant to 29 U.S.C. § 655;
(c) Provisions necessary to enable the Division to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto;
(d) Requirements for the registration of a facility with the Division; and
(e) Provisions to ensure that the public is involved in the process of evaluating proposed regulatory actions that may affect the public.
2. The Division shall [make] :
(a) Administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto; and
(b) Make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted pursuant thereto.
3. The State Environmental Commission must apply the provisions of NRS 459.380 to 459.3874, inclusive, to dealers of liquefied petroleum gas who sell, fill, refill, deliver or are permitted to deliver any liquefied petroleum gas in a manner that is consistent with 42 U.S.C. § 7412(r)(4)(B).
4. As used in this section, “liquefied petroleum gas” has the meaning ascribed to it in NRS 590.475.”.
Amend sec. 9, pages 10 and 11, lines 32, 38, 40 and 43 on page 10 and lines 1 and 4 on page 11, by deleting “regulated” and inserting “[regulated]”.
Amend sec. 9, page 11, line 6, after “statute” by inserting “or regulation,”.
Amend the bill as a whole by renumbering sec. 10 as sec. 12 and adding new sections designated sections 10 and 11, following sec. 9, to read as follows:
“Sec. 10. NRS 459.382 is hereby amended to read as follows:
459.382 1. The Health Division of the Department of Human Resources, the Division of Industrial Relations of the Department of Business and Industry and any other governmental entity or agency of the State responsible for minimizing risks to persons and property posed by [regulated] facilities and hazardous substances shall submit to the Division of Environmental Protection such reports as the Division deems necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive[.] , and section 1 of this act and any regulations adopted pursuant thereto. The reports must be submitted at such times and contain such information as required by the Division.
2. The [Division] State Environmental Commission shall adopt by regulation common reporting forms to be used by such governmental entities and agencies when reporting information related to hazardous substances and [regulated] facilities.
3. The Division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and agencies of the State responsible for minimizing risks to persons and property posed by [regulated] facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of NRS 459.380 to 459.3874, inclusive[.] , and section 1 of this act and any regulations adopted pursuant thereto.
4. If the Division and any other governmental entity or agency of the State have coexisting jurisdiction over the regulation of [regulated] facilities or hazardous substances located at such facilities, the Division has the final authority to take such actions as are necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive[.] , and section 1 of this act and any regulations adopted pursuant thereto.
Sec. 11. NRS 459.3822 is hereby amended to read as follows:
459.3822 1. [Any] The owner or operator of a facility shall, upon request, submit any records, reports or other information to the Division that the Division deems necessary to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.
2. Except as otherwise provided in this section, any records, reports or other information obtained pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto must be made available to the public for inspection and copying. [If protection of a trade secret pursuant to NRS 459.3846 requires a deletion, the deletion must be limited to that information essential for compliance. In the event of deletion, the Division shall substitute language generally describing what was deleted, without revealing the trade secret, so that the information contained in the record or report is comprehensible.
2.] 3. The Division shall protect the confidentiality of any information obtained by the Division, including, without limitation, any information obtained through an observation made by the Division during a visit to a facility if:
(a) The owner or operator of the facility from which the information was obtained or which was visited requests such protection; and
(b) The information satisfies the conditions for protection as a trade secret pursuant to subsection 4.
4. Information is entitled to protection as a trade secret under this section only if:
(a) The information has not been disclosed to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the owner or operator of the facility has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;
(c) Disclosure of the information is likely to cause substantial harm to the competitive position of the owner or operator of the facility; and
(d) The chemical identity of a substance, if that is the information, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.
5. The State Environmental Commission shall adopt regulations for the protection of the confidentiality of information entitled to protection as a trade secret pursuant to this section.
6. The person requesting the copy or copies of the public records, shall tender or pay to the Division such fee as may be prescribed for the service of copying.”.
Amend sec. 10, page 11, line 41, by deleting:
“of a regulated” and inserting:
“or operator of a [regulated]”.
Amend sec. 10, page 11, line 43, by deleting “regulated”.
Amend sec. 10, page 12, line 4, by deleting:
“of a regulated” and inserting:
“or operator of a [regulated]”.
Amend sec. 10, page 12, line 7, by deleting “act.” and inserting:
“act and any regulations adopted pursuant thereto.”.
Amend sec. 10, page 12, line 10, by deleting “regulated”.
Amend sec. 10, page 12, line 12, by deleting:
“of a regulated” and inserting:
“or operator of a [regulated]”.
Amend sec. 10, page 12, by deleting line 15 and inserting:
“4. The State Environmental Commission may modify the amount of the annual fee required pursuant to this section and the timing for payment of the annual fee:
(a) To include consideration of any fee paid to the Division for a permit to construct a new process or commence operation of a new process pursuant to NRS 459.3829; and
(b) If any regulations adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act require such a modification.
5. The owner or operator of a [regulated] facility shall submit, with any”.
Amend sec. 10, page 12, by deleting lines 20 through 22 and inserting:
“[5.] 6. All fees [collected pursuant to this section and] fines, penalties and other money collected pursuant to NRS [459.3833, 459.3834 and 459.3874, and any interest earned thereon,] 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto, other than a fine collected pursuant to subsection 3 of NRS 459.3834, must be deposited with the State”.
Amend sec. 10, page 12, line 24, after “fund.” by inserting:
“All interest earned on the money in the Fund must be credited to the Fund.”.
Amend the bill as a whole by renumbering sections 11 through 14 as sections 18 through 21 and adding new sections designated sections 13 through 17, following sec. 10, to read as follows:
“Sec. 13. NRS 459.3829 is hereby amended to read as follows:
459.3829 1. No owner or operator of a [regulated] facility may commence construction or operation of any new process that will be subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto, unless he first obtains all appropriate permits from the Division to construct the new process [or] and commence operation of the new process . [, or both.] Before issuing any such permits, the Division of Environmental Protection shall consult with the Division of Industrial Relations of the Department of Business and Industry.
2. An application for such a permit must be submitted on a form prescribed by the Division [.
3. The Division may require the applicant to] of Environmental Protection.
3. The State Environmental Commission shall adopt regulations establishing the requirements for the issuance of a permit pursuant to this section. An applicant shall comply with requirements that [it] the State Environmental Commission establishes by regulation for the issuance of a permit before [issuing any permits] the applicant may receive a permit from the Division for the construction and operation of the process.
4. The Division may charge and collect a fee for the issuance of such a permit. [All fees collected pursuant to this section and any interest earned thereon must be deposited with the State Treasurer for credit to the Fund for Precaution Against Chemical Accidents created pursuant to NRS 459.3824.]
Sec. 14. NRS 459.3832 is hereby amended to read as follows:
459.3832 1. [All forms for registration, reports on safety and reports on the assessment of risk through analysis of hazards must contain a certification in one of the following two forms:
(a) “I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate or incomplete information, including fines or imprisonment, or both.”
(b) “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attached documents and that based on my inquiry of the natural persons immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false information, including the possibility of fines or imprisonment, or both.”
2.] The State Environmental Commission shall adopt regulations setting forth:
(a) The records, reports and information submitted to the Division which must contain a certification; and
(b) The requirements of such certifications.
2. Each certification must be signed by the sole proprietor of the facility, the highest ranking corporate officer or partner at the facility, the manager of the facility, or a person designated by any one of those persons to sign the certification.
Sec. 15. NRS 459.3833 is hereby amended to read as follows:
459.3833 1. The State Department of Conservation and Natural Resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2. The State Environmental Commission may [adopt such regulations as it determines are] adopt regulations necessary to establish and carry out such a program. [The regulations must:
(a) Establish a list of hazardous substances and the quantities thereof that will be regulated pursuant to the program.
(b) Provide that the provisions of NRS 459.3824, 459.3826 and 459.3828 apply to all facilities regulated pursuant to the program.
(c) Provide that a person who violates any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition to any penalty that may apply pursuant to NRS 459.3834, subject to a civil administrative penalty not to exceed $10,000 per day of the violation, and that each day on which the violation continues constitutes a separate and distinct violation. Any penalty imposed pursuant to this paragraph may be recovered with costs in a summary proceeding by the Attorney General.
3. The Division:
(a) Shall carry out and enforce the provisions of the program.
(b) May enter into cooperative agreements with other agencies of this state for the enforcement of specific provisions of the program.
4. The Division may compromise and settle any claim for any penalty under this section in such amount in the discretion of the Division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the Division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.
5. If a person violates any regulation adopted pursuant to subsection 2, or the provisions of NRS 459.3824, 459.3826 or 459.3828, the Division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.]
Sec. 16. NRS 459.3834 is hereby amended to read as follows:
459.3834 1. A person [subject to the regulations adopted by the State Environmental Commission pursuant to NRS 459.3833] shall not knowingly:
(a) Violate any [such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828;] provision of NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto;
(b) Make any false material statement, representation or certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. [A] Except as otherwise provided in subsection 3, a person who violates subsection 1 shall be punished by a fine of not more than [$10,000] $25,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.
3. A person who violates subsection 1 in a manner that contributes to the substantial bodily harm or death of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000 for each day of the violation, or by both fine and the punishment provided in NRS 193.130.
Sec. 17. NRS 459.3866 is hereby amended to read as follows:
459.3866 1. After giving reasonable notice to the facility it oversees and after making arrangements to ensure that the normal operations of the facility will not be disrupted, a committee is entitled to receive from the facility such records and documents as the committee demonstrates are required to carry out its duties. The committee is entitled to receive only those records and documents which cannot be obtained from the Division.
2. A committee is entitled to receive from any governmental entity or agency records, documents and other materials relevant to the committee’s review and evaluation of the facility to carry out its duties.
3. In carrying out its duties a committee and the Attorney General may, by subpoena, require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary. Before obtaining such a subpoena, the committee or the Attorney General shall request the attendance of the witness or the production of the reports, papers, documents or other evidence. If the person to whom the request is made fails or refuses to attend or produce the reports, documents or other evidence, the committee and the Attorney General may obtain the subpoena requiring him to do so.
4. In carrying out its duties, a committee may make informal inquiry of persons or entities with knowledge relevant to the committee’s review and evaluation of the facility it oversees. Any committee which makes such informal inquiries shall advise the facility of those inquiries and of the results of the inquiries.
5. If the owner or operator of a facility claims that the disclosure of information to a committee will reveal a trade secret or confidential information, the owner or operator must specifically identify such information as confidential. When such an identification has been made, the [provisions of NRS 459.3846 apply.] committee shall protect the confidentiality of the trade secret or information if the trade secret or information would be entitled to protection pursuant to NRS 459.3822.
6. A committee or its authorized representative may, to carry out its duties , enter and inspect the facility overseen, its records and other relevant materials. Before such an inspection is made, the committee shall provide reasonable notice to the facility. The inspection must be conducted in such a manner as to ensure that the operations of the facility will not be disrupted.
7. The Attorney General is counsel and attorney to each committee for the purposes of carrying out its duties and powers.
8. The members of a committee may make public comment with regard to their review and evaluation of the facility it oversees. At least 24 hours before making any formal comment, the committee shall advise the facility of its intention to do so and provide the facility with a summary of the comments that will be made.
9. A committee may review and make recommendations to the reviewing authority as to any applications for permits to construct, substantially alter or operate submitted by a facility which has been the subject of the committee’s review and evaluation.”.
Amend sec. 11, page 12, line 26, by deleting “regulated”.
Amend sec. 11, page 12, line 33, after “act” by inserting:
“, any regulation adopted pursuant thereto”.
Amend sec. 11, page 12, lines 35 and 36, by deleting “regulated”.
Amend sec. 11, page 13, by deleting line 21 and inserting:
“the report.]The State Environmental Commission shall adopt regulations establishing requirements for:
(a) The inspection of a facility; and
(b) The report of a record of inspection.
3. If the Administrator of the Division finds that any”.
Amend sec. 11, page 13, line 34, by deleting “Division” and inserting “Administrator”.
Amend sec. 11, page 13, line 36, by deleting “3.” and inserting “4.”.
Amend sec. 11, page 13, line 37, by deleting “regulated”.
Amend sec. 11, page 13, line 39, by deleting “may” and inserting:
“may, after the Division has inspected the site and after the Administrator has had a consultation with the owner or operator of the facility and the owner or operator fails to correct the threat,”.
Amend sec. 11, page 13, line 40, by deleting “regulated”.
Amend sec. 12, page 13, line 45, by deleting “459.386,” and inserting “[459.386,] 459.3834,”.
Amend sec. 12, page 14, line 8, by deleting “459.386,” and inserting “[459.396,] 459.3834,”.
Amend sec. 12, page 14, by deleting lines 23 and 24 and inserting:
“a final order [after assessing] and assess the amount of the fine . [specified in the notice.] If no hearing is requested, the notice becomes a final order”.
Amend sec. 13, pages 14 and 15, by deleting lines 36 through 44 on page 14 and lines 1 through 33 on page 15, and inserting:
“Category of Offense Penalty in U.S. Dollars
A.Failure to register a new or existing [regulated] facility:.. $25,000 plus $2,000 per day
from the due date
B.Failure to pay the fee required pursuant to NRS 459.3824:........ 75 percent of the fee
C.[Failure to submit a safety report:.................................. $10,000 plus $1,000 per day
from the due date
D. Failure
to conduct an assessment of risk through analysis of hazards pursuant to the
conditions set forth in
NRS 459.3844:................................................................................. $25,000
E. Failure to put into effect plan:................................................................... $50,000
F. Failure to comply with plan to reduce accidents and schedule of compliance:.. up to $5,000
G. Failure to comply with approved plan to reduce accidents, each requirement:. up to $10,000
H.] Failure to provide information requested by the Division:.......................... $25,000
[I.] D. Failure to grant access to employees or agents of the Division for inspections: $25,000
[J.] E. Failure to provide information or grant access to employees or agents of the Division during an emergency:............................................................. $50,000
[K.] F. Falsification of information submitted to the Division:up to $10,000 per incident
[L.] G. Failure to obtain a permit for the construction of a new [regulated] facility: $25,000
H. Failure to comply with a regulation adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act, other than a regulation for which a civil administrative penalty is set forth in category A to G, inclusive:................................................................... .$10,000 per incident
The civil administrative penalty prescribed in category H
may be assessed for each regulatory provision that is violated.
FLUSH
The civil administrative penalty prescribed in category [L] G may be assessed against
a contractor who is constructing the [regulated] facility only if the
contractor is contractually responsible for obtaining all appropriate permits
for the construction of the [regulated] facility and the
contractor knows or has reason to know the planned use of the [regulated]
facility.”.
Amend sec. 13, page 16, line 2, by deleting “459.386,” and inserting “[459.386,] 459.3834,”.
Amend sec. 14, page 18, by deleting line 32 and inserting:
“United States.] means a material subject to regulation as an explosive pursuant to NRS 459.3816.”.
Amend the bill as a whole by renumbering sections 15 and 16 as sections 24 and 25 and adding new sections designated sections 22 and 23, following sec. 14, to read as follows:
“Sec. 22. NRS 459.3804, 459.3807, 459.3808, 459.3812, 459.3826, 459.3828, 459.383, 459.3836, 459.3837, 459.384, 459.3842, 459.3844, 459.3846, 459.3848, 459.385, 459.3852, 459.3854, 459.3856, 459.3858 and 459.386 are hereby repealed.
Sec. 23. Any regulations adopted by the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to a provision of NRS which was amended or repealed by this act remain in force until amended by the State Environmental Commission and such regulations may be enforced by the Division.”.
Amend sec. 15, page 18, line 34, by deleting “8” and inserting “7”.
Amend sec. 16, page 18, by deleting lines 37 through 43 and inserting:
“Sec. 25. 1. This section and section 23 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, and 24 of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.”.
Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 16, to read as follows:
“
LEADLINES OF REPEALED SECTIONS
459.3804 “Chemical accident” defined.
459.3807 “Explosive” defined.
459.3808 “Hazard” defined.
459.3812 “Risk” defined.
459.3826 Payment of fees upon opening of new regulated facility or registration of new highly hazardous substance or explosive.
459.3828 Form for registration; contents of form; time for filing.
459.383 Report on safety; contents of report; current information required.
459.3836 Periodic assessments required; duties of owner or operator of facility and person conducting assessment.
459.3837 Prerequisites to introduction of new highly hazardous substance or explosive into regulated facility.
459.384 Designation of persons capable of performing assessment; documentation of ability to perform assessment.
459.3842 Description of how assessment will be conducted; qualifications of persons conducting assessment.
459.3844 Approval or rejection of persons designated to perform assessment; selection by Division; conditions for conducting assessment.
459.3846 Report of assessment; severable addendum containing trade secrets; report required pursuant to federal law sufficient; conditions for protection as trade secret.
459.3848 Contents of findings of person conducting assessment.
459.385 Contents of conclusions of person conducting assessment.
459.3852 Contents of recommendations of person conducting assessment.
459.3854 Notice of receipt of report of assessment; modifications to plan to abate hazards; effective date of plan.
459.3856 Contents of proposed modifications to plan to abate hazards; dissemination of proposed modifications.
459.3858 Hearing on proposed modifications to plan to abate hazards; notice; record of proceeding.
459.386 Issuance of decision of Division; notice of decision; effective date of plan to reduce accidents; inspection of facility to verify compliance with plan and schedule of abatement.”.
Amend the bill as a whole by deleting the preamble.
Amend the title of the bill to read as follows:
“AN ACT relating to hazardous materials; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to investigate certain accidents at facilities; providing for the recovery by the Division of its costs incurred in conducting such an investigation; deleting the statutory list of highly hazardous substances; requiring the State Environmental Commission to adopt regulations designating a list of highly hazardous substances and designating specific materials that are subject to regulation as explosives; revising the provisions relating to the regulation of facilities and the disclosure of records and information of facilities involved in the use, production, storage or handling of highly hazardous substances or in the manufacture of explosives; requiring the Commission to adopt certain regulations concerning such facilities; authorizing the Administrator of the Division to issue certain orders; providing penalties; and providing other matters properly relating thereto.”.