MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session April 26, 1995 The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:40 p.m., on Wednesday, April 26, 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 Dean A. Rhoads, Chairman 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 STAFF MEMBERS PRESENT: Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau Dana Bennett, Senior Research Analyst, Legislative Counsel Bureau Billie Brinkman, Committee Secretary OTHERS PRESENT: Fred Messmann, Boating Staff Game Warden, Division of Wildlife, State Department of Conservation and Natural Resources David Rowles, Director of Administration, Clark County Health District Michael Naylor, Director, Division of Air Pollution Control, Clark County Health District Ray Bacon, Lobbyist, Nevada Manufacturers Association Doug Busselman, Executive Vice President, Nevada Farm Bureau Pam Miller, Lobbyist, Associated General Contractors Renny Ashleman, Lobbyist, Southern Nevada Home Builders Joe Johnson, Concerned Citizen Terry Crawford, Deputy Administrator, Division of Wildlife, State Department of Conservation and Natural Resources Chairman Rhoads announced the meeting was a work session on the various posted bills. However, he advised those in the audience if they had anything new to add to the information already supplied the committee, their testimony would be welcome. Senator McGinness had constituents in the audience and upon Chairman Rhoads' invitation he introduced them as government and honor society students from Churchill County Junior High School. The first bill to be discussed was Senate Bill (S.B.) 100. SENATE BILL 100: Revises definition of "person" and changes reference from "tax" to "assessment" for purposes of applicabil- ity of certain provisions governing water rights. (BDR 48-991) Chairman Rhoads asked Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau, to give the committee background on the bill. Mr. Welden referred the committee to Attachment A of Exhibit C. Attachment A outlines the goals for S.B. 100. The state engineer's office recommended sec- tions 1 and 5 of S.B. 100 be deleted. They suggested leaving the state law alone as to definitions, but retain the changes regarding the words "assessment" and "tax." Chairman Rhoads clarified the amendments. Section 1 and section 5 would be deleted. The definition of person would be revised and references to the word tax would be changed to the word assessment. Mr. Welden added every reference to the definition of person would be dropped out of the bill completely. The rest of the law would be left alone. Mr. Welden answered concerns of Senator Jacobsen and Senator McGinness regarding whether the dropping of person might slight some other segment of the population, or leave something up in the air. He said there were definitions in the law now and it was suggested since there had been no problem with the law the way it is, even though there are some inconsistencies, it was best to leave the language of the law alone. SENATOR MCGINNESS MOVED TO AMEND AND DO PASS S.B. 100. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES AND SENATOR ADLER WERE ABSENT FOR THE VOTE.) ***** The work session on Senate Bill (S.B.) 175 was opened. SENATE BILL 175: Requires certain children to wear personal flotation devices while on board certain vessels. (BDR 43-557) Chairman Rhoads distributed comments (Exhibit D) submitted for inclusion in the record. He noted other testimony on the bill had been heard previously. SENATOR LEE MOVED TO DO PASS S.B. 175. SENATOR JACOBSEN SECONDED THE MOTION. Senator Jacobsen asked for comments from staff of the Division of Wildlife, State Department of Conservation and Natural Resources. Fred Messmann, Boating Staff Game Warden, Division of Wildlife, State Department of Conservation and Natural Resources, gave the committee a report regarding the need for the bill. He said about a year ago, 15 month old Whylie Coy Kennin died in a boating accident at Lake Mead. His mother, one other person and he were aboard a boat. Whylie was wearing a life jacket, but it was an adult size. The fact the jacket was so large made it possible for the little boy to slip down so far into the water he drowned. On a more cheerful note, 2 year old Veronica Thomas survived a boating accident in Overton which killed two others because she was wearing a properly fitted life jacket. The division is not as interested in issuing citations or how much enforcement effort is needed regarding properly sized life jackets as saving children who are out boating. Last year, reported Mr. Messmann, division personnel issued 178 citations and 141 warnings for the boating program. It continues to be the largest single most equipment-type violation experienced by division enforcement personnel. In reply to Chairman Rhoads' question concerning at what age the equipment requirements would no longer apply, Mr. Messmann stated all personal watercraft or jet ski operators are required to wear life jackets, regardless of their age. Water skiers are also required to wear life jackets, regardless of age. This bill encompasses children 12 years of age and under, who are in any boat underway or a boat of less than 26 feet in length, even though not underway, to be wearing properly fitted life jackets. If they are in boats which are over 26 feet in length, but not underway, they would not be required to wear life jackets. Senator McGinness asked if there were provisions for penalties included in the bill. Mr Messmann said violators would be prosecuted under the division's normal misdemeanor statute. Right now the bail on such a misdemeanor is $25 plus $10 in court costs. The operator of the boat is responsible for seeing all passengers and the operator are wearing the properly fitting life jackets. Senator McGinness asked how old a person must be to operate a boat? Mr. Messmann replied water ski boat operators must be 14 years of age. A personal water craft operator must be 12 years of age. Other than that, there is no age restriction. Senator McGinness wanted to know who would be cited if a 14 year old water ski operator was caught without a life jacket, the operator or the parent? Mr. Messmann stated the parents would be cited for violations to operators under the age of 16. Chairman Rhoads called for the vote. THE MOTION CARRIED. (SENATOR JAMES VOTED NO.) ***** The work session on S.B 247 was begun by Chairman Rhoads. SENATE BILL 247: Authorizes local air pollution control agency to estab- lish program to reduce and control air pollution. (BDR 40-708) A letter from the Clark County Health District providing information and answers to questions (Exhibit E) was distributed to the committee. Representatives from the district were called upon to answer any other questions the committee might have. David Rowles, Director of Administration, Clark County Health District, and Michael Naylor, Division Director, Air Pollution Control, Clark County Health District, referred to their letter dated April 25, 1995 which had been faxed to committee members (Exhibit F) reiterating the proposed amendments to the bill. Mr. Rowles indicated the letter does not deviate from what they had proposed to the committee in Exhibit E, with one exception, that a grammatical error was noted at the end of the first paragraph. He said Exhibit E did not have a semicolon after the word "roads," or the word "and" after the semicolon. Because there is a section C being proposed as part of the amendment, the punctuation and the additional word are necessary. Mr. Rowles stated Mr. Naylor and he had been trying since the last hearing to contact every one of those who brought concerns before the committee regarding S.B. 247. He emphasized the importance of the bill is twofold. Clark County has been practicing emission credits for almost 10 years as a way of providing relief for those operators, especially of gas stations, who have gone to the Stage II vapor recovery. This provides for less ozone emissions to the air and helps preserve Clark County's status with the Environmental Protection Agency (EPA) in terms of restricting air contaminants. He said if the amendments Clark County proposes for this bill do not go forth, this practice could jeopardize some of the economic benefits which have been given to gas station owners. Secondly, Mr. Naylor will comment on the fees regarding the reduction and the way it interplays into the county's desire to control the dust emission with which southern Nevada has some difficulty. Michael Naylor, Director of the Clark County Health District Air Pollution Control Division, added offset fees have been collected from new industries being permitted in the Las Vegas Valley. He said this money has gone to local public works departments for the paving of unpaved roads, and the public works departments combine this money with their own in-house services, and when the property owners abutting the unpaved roads are willing to participate, the unpaved roads are paved. He also stated in 1994, approximately $450,000 was disbursed by the Clark County Health District to the four public works departments in the Las Vegas Valley, and that the Clark County Health District has been working with the home builders to have a fee which would be assessed to construction sites and to existing industry. This fee would amount to $80 per ton, or about $45 per acre. Such a fee is not being collected now, but if S.B. 247 is passed, the Board of Health would have the authority to adopt a fee. Applying these fees to ongoing construction would generate approximately $600,000 per year. In answer to a question by Chairman Rhoads, Mr. Naylor explained 1 acre of disturbance generates about 1,300 pounds of dust, which is mostly due to the activities of trenching, grading, and moving the dirt. Mr. Rowles interjected the projections calculated in terms of impact to the individual home owner/buyer. He said it would cost them approximately $8 to $10 per home owner, which would be a onetime fee. According to Mr. Rowles, the question as to whom the bill would apply has been asked. Presently, under statute construction and language, this applies to only those counties with populations exceeding 100,000 persons. There is interest by others who wish to see the population figure increased. However, the Clark County Health District has not made a recommendation on this aspect, and district staff would like to leave this matter to the discretion of the committee whether to leave the population at 100,000, or increase it. However, it is important for Clark County to have this bill passed in order to move forward with some of the air quality gains already made and to further secure these gains in the future. Senator McGinness asked what the $8 to $10 fee to the home owner was being labeled, an impact fee or an assessment? Mr. Rowles said it could be referred to as either, but it could also be considered an improvement fee. Those home owners who do not wish to pay the fee would not have the more immediate paving of their roads. Those paying the fee would have their roads placed on a higher priority of paving than those not paying. Senator McGinness wanted to know when this fee would be collected. Mr. Rowles supposed the fee would be included in the developer's fees which are passed on through escrow. Mr. Naylor added the $80 per ton will be assessed by the health district when the permit is issued for the grading of the site. Those dollars, although collected by the district, will be passed on to the public works departments. Senator McGinness asked if somebody develops and sells 5-acre parcels or 1-acre parcels down a dirt road 2 1/2 miles long, and only half of the parcels are developed, will there be an option on whether to pay the fees discussed? Mr. Naylor replied when the grading permit is issued then the fee is assessed. There is no option available. There is an option, however, if a person owns property on an existing road which the public works department is considering paving, if there is no property owner participation, that road would have a low priority for being paved. If the property owners pay for a part of the costs, the paving would have a higher priority. Senator McGinness wanted reassurance the bill would apply only to the two urban counties. Mr. Rowles and Mr. Naylor assured Senator McGinness this is true. Senator Jacobsen asked how the Clark County Health District administers its local controls. Mr. Naylor said the Air Pollution Control Division, a division of the Clark County Health District employs approximately 32 individuals, whose primary responsibility is to enforce and provide local regulation to give meaning to the Federal Clean Air Act. Senator Jacobsen was concerned about agriculture applications. Mr. Naylor stated the S.B. 247 does not relate to agriculture sources. It relates only to stationary sources such as pollution because of manufacturing or ground preparation for subdivisions. It bears repeating that S.B. 247 does not apply to counties with a population of less than 100,000. Ray Bacon, Lobbyist, Nevada Manufacturers Association, said the current language in the bill is still talking about Washoe and Clark Counties. That his testimony earlier expressed the association's desire to see the bill to apply to Clark County only. Washoe County does not have a program according to Mr. Bacon. The 400,000 population cap probably puts Washoe County about 5 to 6 years out, which is a reasonable time. Mr. Bacon his association strongly recommends the 400,000 population cap. Doug Busselman, Executive Vice President, Nevada Farm Bureau, stated at the original hearing the question was asked as to whether or not production agriculture would be included. The bureau was contacted by Mr. Naylor who informed the bureau the reason agriculture is not covered by Clark County's proposal is because the program covers what the county permits. As it stands now, agricultural tilling does not require a permit. Mr. Busselman expressed the farm bureau would also like to see the population cap raised to 400,000 on the basis that there would not be conflicts with production agriculture because agriculture is not compatible with heavy population areas. Pam Miller, Lobbyist, Associated General Contractors (AGC), said the AGC echoes the comments by the previous two speakers. A population cap of 400,000 is the appropriate level for this piece of legislation. Renny Ashleman, Lobbyist, Southern Nevada Home Builders, said the home builders previously indicated their support of the bill. Senator Jacobsen asked Ms. Miller if there had been a large lawsuit a few years ago in Washoe County which dealt with this type of pollution, and, if so, what was the aftermath of that? Ms. Miller replied in the affirmative indicating there was a settlement against Helms Construction about 4 years ago in the range of $9 million. AGC members aggressively pursue keeping the dust problem under control in Washoe County and work with the health department, but they are still not close to implementing the type of program envisioned in this bill, according to Ms. Miller. Senator Jacobsen asked what happens when the Nevada Department of Transportation puts out a bid for a highway project? Does the contractor include costs of pollution control in the bid? Ms. Miller answered in the affirmative. In the Carson City area, each bid has a dust control plan, including how much water must be sprayed per acre, per day, and how much earth will be disturbed by the construction, etc. Joe Johnson, Concerned Citizen, said he has been active in the Washoe County air quality area for a long time, serving on the City of Reno Planning Commission Air Quality Task Force. He is in favor of raising the cap to the 400,000. He remarked that sometime in the future, when it becomes necessary to do this in Washoe County, the county has adequate controls over dust problems because statutory sources are well in hand. Senator James stated he was not particularly fond of this bill, but based on the compromise reached and the testimony heard by the committee, he was prepared to make a motion on the bill. SENATOR JAMES MOVED TO AMEND AND DO PASS S.B. 247 WITH THE TWO AMENDMENTS SET FORTH IN THE APRIL 15, 1995 MEMORANDUM FROM CLARK COUNTY HEALTH DISTRICT, PLUS THE CHANGE IN THE CAP TO 400,000 POPULATION. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER AND SENATOR REGAN WERE ABSENT FOR THE VOTE.) ***** The hearing on Senate Bill (S.B.) 359 was opened. SENATE BILL 359: Makes various changes to provisions relating to weighing and measuring devices. (BDR 51-1120) Mr. Welden was asked to assist the committee in understanding this technical bill. Mr. Welden explained S.B. 359 is the bill which relates to the Division of Agriculture's program dealing with the testing of weighing and measuring devices. The bill would set up a special registration for people testing and repairing, specifically propane devices. He said there were amendments proposed at the original hearing. He referred the committee to the reworked proposals for amendments on this bill on page 13 of Exhibit C. There was no testimony in opposition to the bill, but the proposed amendments will clean the bill up. Chairman Rhoads clarified the bill privatizes the testing. He asked Mr. Welden for corroboration. Mr. Welden agreed it allows the testing and repair of weighing and measuring devices, specifically for propane devices by those outside the agency, but not for other weighing and measuring devices. Senator Jacobsen asked if it precludes the agency from performing the testing or repairing? Mr. Welden said it allows the agency to register private people to test and repair these devices, but the agency could also perform the testing and repairing. SENATOR MCGINNESS MOVED TO AMEND AND DO PASS S.B. 359. SENATOR JAMES SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER AND SENATOR REGAN WERE ABSENT FOR THE VOTE.) ***** Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 147. ASSEMBLY BILL 147: Makes various changes to provisions governing license agents of division of wildlife of state department of conservation and natural resources. (BDR 45-555) In explanation, Chairman Rhoads said this bill allows businesses selling hunting and fishing licenses to collect $1 for each license issued. Currently, businesses collect 50 cents for each license sold. Mr. Welden agreed that was one of the aspects of the bill. The bill generally speaks to several aspects of the program as originally proposed in the Assembly. It is his understanding that on page 2, line 21 of the bill, there was a proposal to raise the current 50 cent fee to $1. The Assembly accepted the bill, but did not accept the increase in the amount allowed businesses for selling the licenses. State agency staff, however, recommended the Senate Committee on Natural Resources approve the increase, according to Mr. Welden. Chairman Rhoads reported he had several calls from rural business owners in his district. They felt 50 cents does not cover the cost of issuing licenses; therefore they would like to see the allowance increased to $1. SENATOR JAMES MOVED TO AMEND AND DO PASS A.B. 147. Senator Jacobsen was asked for his opinion on the bill. Senator Jacobsen stated he had some reservations about the bill. He opined being able to sell hunting licenses at a place of business invites clientele into the establishment who may make other purchases. He indicated the business owners in his district do not seem to feel strongly about the issue. Senator Jacobsen remarked he would like to see businesses who sell licenses and collect a fee be obligated to promote hunting and fishing, but he does not know how that can be done with a bill. He also interjected that most legislators, himself included, have indicated they wanted no increased taxes. Adding additional allowances to license fee collections is not exactly an increase in taxes, but it does cost the public more money in the end. Chairman Rhoads explained the indication he had from businesses was the owners might drop selling the licenses if they could only collect 50 cents per license, because it cost more than 50 cents to process them. Senator Jacobson asked Terry Crawford, Deputy Administrator, Division of Wildlife, State Department of Conservation and Natural Resources, how many licenses were sold last year and was told about 120,000. Mr. Crawford further stated there has been no significant increase in the sale of licenses, that it is a fairly stable number. There are approximately 40,000 people in the State of Nevada who hunt, and 65,000 who fish. He indicated the agency supports the increase. SENATOR LEE SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. ***** There being no further business, the meeting was adjourned at 2:20 p.m. RESPECTFULLY SUBMITTED: Sandy Arraiz, Committee Secretary APPROVED BY: ________________________________ Senator Dean A. Rhoads, Chairman DATE: _________________________ Senate Committee on Natural Resources April 26, 1995 Page