MINUTES OF THE
	ASSEMBLY COMMITTEE ON
	NATURAL RESOURCES, AGRICULTURE AND MINING

	Sixty-eighth Session
	June 21, 1995


The Committee on Natural Resources, Agriculture and Mining was called to order 
at 1:15 p.m., on Wednesday, June 21, 1995, Chairman Carpenter presiding in 
Room 321 of the Legislative Building, Carson City, Nevada.  Exhibit A is the 
Agenda. 


COMMITTEE MEMBERS PRESENT:

Mr. John C. Carpenter, Chairman
Mrs. Marcia de Braga, Chairman
Mr. Max Bennett, Vice Chairman
Ms. Genie Ohrenschall, Vice Chairman
Mr. Douglas A. Bache
Mr. Thomas A. Fettic
Mr. David E. Humke
Mr. P.M. Roy Neighbors
Mrs. Gene Wines Segerblom

COMMITTEE MEMBERS EXCUSED:

Mr. Brian Sandoval

STAFF MEMBERS PRESENT:

David Ziegler, Senior Research Analyst
Christine Shaw, Committee Secretary

OTHERS PRESENT:

Ray Bacon, NV Manufacturers Association, 
Verne Ross, EPA
Joe Johnson, Sierra Club


	WORK SESSION


ASSEMBLY BILL 591 -    Provides in skeleton form for voluntary disclosure of    
                                      certain hazards.

Ray Bacon, Nevada Manufacturers Association, explained the basic concern of the 
subcommittee involved the issue of the Whistle-blower Act. He noted the change 
on Page 4, paragraph 3 of amendment 1158 (Exhibit B) solves that problem and 
they are supportive of moving the bill forward. 

Verne Ross, EPA, stated the bill has provided whisle-blower protection. The one 
missing item is coverage for the local air district and the definition of regulatory 
agency. However, the division is still opposed to the privilege part of the bill and 
any secrecy that may be involved. 

Joe Johnson, Sierra Club, speaking in opposition to A.B. 591, stated there was no 
need for this legislation presently. He expressed appreciation for the fact the 
whisleblower part of the bill was greatly softened; however, they were strongly 
opposed to the privilege portion of the bill.

Committee discussion ensued. Mr. Humke commented in state government the 
legislature has created a Whistle-blower statute for its public employees, but that 
right did not exist generally for private employees in labor relations,  outside of 
environmental regulations.  He added, "So this is a departure in our statute if we 
pass this, and I would think it would present some pretty good balance." 

Mr. Bacon concurred. He noted the fundamental driving issue behind A.B. 591 is 
to move the environmental arena from the punitive nature into the nature where it 
fundamentally provides a positive reason for companies to move forward and move 
into the cleanup mind-set.  He cited the Super Fund Act as the most egregious 
piece of legislation ever passed. Ninety percent of its money has gone not to 
cleanup, but to consultants, studies, litigation, etc. 


Mr. Johnson maintained the privilege portion of A.B. 591 would throw a monkey 
wrench into what has been a reasonable operation.  The complexity of the 
ordinances, regulations and bills are something that should be addressed locally and 
nationally. Mr. Humke interjected that privilege is a concept created in the law  for 
a good public policy purpose. In this instance privilege is a way to protect a 
business from the benefits of the most liberal law, the Bankruptcy Act.  It provides 
a very positive function. 

Mr. Bennett stated they had reviewed the private sector of Whistle-blower 
protection with Kim Morgan, Legislative Counsel, and she felt they were as well 
protected in statute with this wording as the public sector.

Responding to Mrs. Segerblom's inquiry as to whether the EPA could come in if an 
operator was doing his own audit, Mr. Bacon assured her nothing could preclude 
 the EPA from doing its own audits. 

Mr. Johnson stated this bill prevents an employee who performed an audit from 
going forward and testifying about the content of the audit. He reiterated his 
opposition to the privilege portion of the bill and recommended, if the bill was 
processed, to just go with the immunity portion. He stated they would prefer 
working with a committee of industry and environmentalists in order to propose 
mutually agreed upon language for the next session.

Mr. Carpenter entertained a motion on A.B. 591.

     MR. NEIGHBORS MOVED AMEND AND DO PASS A.B. 591.

     MR. BENNETT SECONDED THE MOTION.

Mr. Ziegler mentioned there was a comment from Mr. Ross relative to language 
 in the amendment indicating air districts in Washoe and Clark are regulatory 
agencies under statute that are cited under the applicability part of this.  Mr. 
Carpenter said they would be added in and that would be part of the motion.

Mr. Bache, expressing opposition, noted the opinion from Legal relative to the 
effect of the bill on the Chemical Catastrophe Act. He said it did not affect the Act 
per se but it blunts the enforcement of that act. Mrs. Segerblom also expressed 
opposition to the bill.

Due to a lack of voting members, Mr. Carpenter said a committee meeting would 
be held on the floor the following day for a re-vote.

The meeting adjourned at 3:30 p.m.






RESPECTFULLY SUBMITTED:



	
                                                                   Christine Shaw,
 Committee Secretary


Assembly Committee on Natural Resources, Agriculture and Mining
June 21, 1995
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