MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session January 23, 1995 The Senate Committee on Natural Resources was called to order by Vice Chairman Lawrence E. Jacobsen, at 1:30 p.m., on Monday, January 23, 1995, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Lawrence E. Jacobsen, Vice Chairman Senator Mark A. James Senator Mike McGinness Senator Ernest E. Adler Senator John B. (Jack) Regan. Senator O. C. Lee COMMITTEE MEMBERS ABSENT: Senator Dean A. Rhoads (Excused) STAFF MEMBERS PRESENT: Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau Billie Brinkman, Committee Secretary OTHERS PRESENT: Verne Rosse, Chief, Deputy Administrator, Division of Environmental Protection Bill Goff, Beekeeper Lewis Dodgion, Administrator, Division of Environmental Protection Ray Bacon, Lobbyist, Nevada Manufacturers Association Richard Rowe, Regional Manager, Department of Agriculture Vice Chairman Jacobsen announced there were four bill draft requests (BDRs) to be presented for committee introduction. BDR R-1081: Expresses support of Nevada Legislature for exchanges of land involving Bureau of Land Management and Colorado River Commission which would result in additional land for Laughlin. SENATOR LEE MOVED FOR COMMITTEE INTRODUCTION OF BDR R-1081. SENATOR ADLER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RHOADS AND JAMES WERE ABSENT FOR THE VOTE.) ***** BDR R-1082: Expresses support of Nevada Legislature for activities and operations of all mining industries in Nevada and expresses its opposition to any extensive and unreasonable reform of existing federal laws governing mining. SENATOR McGINNISS MOVED FOR COMMITTEE INTRODUCTION OF BDR R-1082. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RHOADS AND JAMES WERE ABSENT FOR THE VOTE.) ***** BDR R-1083: Expresses support of Nevada Legislature for ranching and farming in Nevada and expresses its opposition to any extensive and unreasonable reform of existing regulations of Federal Government concerning management of public rangelands. SENATOR McGINNIS MOVED FOR COMMITTEE INTRODUCTION OF BDR R-1083. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RHOADS AND JAMES WERE ABSENT FOR THE VOTE.) ***** BDR R-1084: Urges Congress of United States to amend Endangered Species Act of 1973 to provide for consideration of economic impact of Act. SENATOR McGINNESS MOVED FOR COMMITTEE INTRODUCTION OF BDR R-1084. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS RHOADS AND JAMES WERE ABSENT FOR THE VOTE.) ***** Vice Chairman Jacobsen opened the hearing on Senate Bill (S.B.) 44. SENATE BILL 44: Revises provisions governing importation of bees, beehives, honeycombs and certain related applicances. Bill Goff, beekeeper, came forward to speak in favor of S.B. 44. He said the purpose of this measure is to control transporting of bees in and out of Nevada by commercial beekeepers. Mr. Goff explained there are some insect problems in the bee industry in neighboring states, California and Arizona in particular. He indicated those states have dropped regulatory agencies due to financing. This measure would enable the Department of Agriculture, State of Nevada, to control the migratory bee traffic in and out of Nevada. Mr. Goff explained migratory bees come to Nevada for pollination. Richard Rowe, Regional Manager, Division of Agriculture, State of Nevada, indicated that division is in support of S.B. 44. He said the measure deletes some of the bureaucratic paper work, making mandatory inspections annually rather than every 6 months. He said surrounding states had discovered that the less frequent inspections have proven effective. He indicated the pollinater bees are important to the crops in Nevada. SENATOR ADLER MOVED TO DO PASS S.B. 44. SENATOR McGINNISS SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.) ***** Vice Chairman Jacobsen opened the hearing on Senate Bill 63. SENATE BILL 63: Broadens authority of state department of conservation and natural resources to regulate disposal of hazardous wastes on or near waters of State of Nevada. Lewis Dodgion, Administrator, Division of Environmental Protection, and Verne Rosse, Chief, Deputy Administrator, Division of Environmental Protection, came forward in support of S.B. 63, a measure identified as an "agency" bill. Mr. Dodgion, in an overview, said S.B. 63 was "cleanup" legislation. He explained this particular section of Nevada Revised Statutes (NRS) 44 has been on the statutes since 1973 unamended. SENATE BILL 63 would amend that paragraph by striking the words, "underground in liquid or explosive form." He said the concern of the agency, in reference to that phrase, is that an interpretation could allow disposal of radioactive toxic or other wastes on the ground if they were in any form other than liquid or explosive, without any regulation. Mr. Dodgion stated further that this measure broadens the ability of the Division of Environmental Protection to require issue of a permit if a disposal is in another form other than liquid or explosive, or in another manner other than underground. Vice Chairman Jacobsen inquired how long the records of issued permits were kept. Mr.Dodgion said the records are kept for the life of the permit plus 3 years Mr. Dodgion, in general discussion with committee members, indicated that this amendment is now necessary because the Division of Environmental Protection is dealing with federal facilities such as the Nevada Test Site in the cleanup efforts of contamination. He said with this amendment, Nevada could better regulate the wastes being transported from across the country to the Nevada Test Site. Vice Chairman Jacobsen inquired what kind of jurisdiction the Division of Environmental Protection had over the federal locations within Nevada; and does Nevada have the ability to override the federal government in this area. Mr. Dodgion replied that the Division of Environmental Protection, State of Nevada, has the responsibility, statewide, to protect the environmental resources of the state. He stated further, "there is always a jurisdictional issue when one talks about a federal facility and the sovereign immunity of the federal government." Mr. Dodgion said his department implements federal environmental programs--the clean air act, the clean water act, the resource conservation recovery act. Federal agencies are required to comply with those laws and those acts. Mr. Dodgion said where his department has that delegation, they exercise that jurisdiction over federal agencies as well as private agencies. Ray Bacon, Lobbyist for the Nevada Manufacturers Association, came forward to inquire if S.B. 63 would have an impact on the U. S. Ecology facility at Beatty. Mr. Dodgion answered the questlion, saying there would be no impact on the facility at Beatty. He said the low-level radioactive site has been closed by U. S. Ecology; and the other side of the facility is already regulated under a resource conservation recovery permit. Mr. Bacon suggested the word "toxic" be removed from Line 5 of S.B. 63 and the wording be changed to read "other hazardous waste." Senator Adler concurred. Vice Chairman Jacobsen closed the hearing on S.B. 63, and inquired if the committee wished to take action on this measure. SENATOR REGAN MOVED TO AMEND AND DO PASS S.B. 63. SENATOR ADLER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.) ***** There being no further business to come before the committee, Vice Chairman Jacobsen adjourned the meeting at 2:08 p.m. RESPECTFULLY SUBMITTED: Billie Brinkman, Committee Secretary APPROVED BY: Senator Lawrence E. Jacobsen Vice Chairman DATE: Senate Committee on Natural Resources January 23, 1995 Page