MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session June 23, 1995 The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 3:50 p.m., on Friday, June 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 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 Billie Brinkman, Committee Secretary OTHERS PRESENT: John Moore, Lobbyist, Alpha Analytical, Inc. William F. Pillsbury, President, Sierra Environmental Monitoring, Inc. Ron Lange, Deputy Administrator, Division of Health Doug Busselman, Executive Vice President, Nevada Farm Bureau Randy Bradley, Executive Secretary, Division of Agriculture Stephanie Licht, Secretary/Treasurer, Nevada Wool Growers Association Pamela B. Wilcox, Administrator, Division of State Lands Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 580. ASSEMBLY BILL 580: Requires certification of laboratories to analyze water. John M. Moore, Lobbyist, Alpha Analytical, Inc., accompanied by William F. Pillsbury, President, Sierra Environmental Monitoring, Inc., came forward in support of A.B. 580. Mr. Moore explained this measure creates a level playing field for in-state analytical laboratories versus out-of-state laboratories. He said presently, it is easier for a Nevada analytical laboratory to move outside Nevada and conduct business, than it is for that same laboratory to do business within the state. Mr. Pillsbury indicated he is one of the instigators of A.B. 580 and is soliciting the support of the committee. He explained the procedures of certification in Nevada versus California and/or Arizona. Mr. Moore indicated there is no fiscal note on this measure. Ron Lange, Deputy Administrator, Division of Health, read a prepared statement, (Exhibit C), in opposition to A.B. 580. He stated, "Unless it continues with adequate funding to perform the mandated requirements." He said the language in A.B. 580 requires the Division of Health to do an on-site inspection of an out-of-state laboratory desiring to do business in Nevada. Mr. Lange said his office has no budget for the extra staff or travel that such an out-of-state inspection would require. Senator McGinness inquired if the Division of Health makes on- site inspections of in-state analytical laboratories prior to being certified. Mr. Lange said that is correct. He indicated they have reciprocity agreements with other states so that an on-site inspection is unnecessary for the out-of-state analytical laboratories desiring to do business in Nevada. Chairman Rhoads inquired if the funds in the fiscal note attached to Exhibit C reflects the fees. Mr. Lange said his department is supported by fees, so that all fees would have to be raised considerably to meet that fiscal note. Senator Jacobsen said he recalled funds had been given to the Division of Health for upgrading of the state analytical laboratory during the last legislative session, and again this session. Mr. Lange said with those funds, all the requests of the laboratory are being handled. In reply to Chairman Rhoads inquiry, Mr. Lange commented if the fees are raised, then general fund money would not be necessary. Chairman Rhoads closed the hearing on A.B. 580 and opened the hearing on Assembly Bill (A.B.) 720. ASSEMBLY BILL 720: Creates garlic and onion growers' advisory board. Doug Busselman, Executive Vice President, Nevada Farm Bureau, spoke in support of A.B. 720. He explained this measure creates an onion and garlic advisory board, which is fashioned after the alfalfa seed board that now exists for the purpose of promoting alfalfa seed production and research. Mr. Busselman said the proposed advisory board would be funded by the producers through assessments of themselves. Mr. Busselman stated the garlic producers requested this measure, therefore he believes there are a number of such growers in the state. Chairman Rhoads inquired why the garlic producers asked for a board. Mr. Busselman replied so they could be organized into a group that could get involved in promoting Nevada onion and garlic products and to be involved in various kinds of market development and research. Senator McGinness asked about the administration of such a board. Mr. Busselman replied his understanding, as it is spelled out in A.B. 720, is they would be under contract with the Division of Agriculture to provide the services for administration. Senator McGinness inquired why a state board needed to be created rather than the garlic and onion growers forming an association. Mr. Busselman said this model has traditionally been the approach that has been taken by commodity groups in forming the self-assessments so that everyone is paying their fair share toward development, research and marketing. Randy Bradley, Executive Secretary, Division of Agriculture, testified in support of A.B. 720. Mr. Bradley said there are typically 15 to 20 garlic growers in Nevada. He stated he has been in charge of maintaining the alfalfa seed research and promotion program since its inception in 1975, and that program has worked well over the years. Senator McGinness inquired about the acreage in production, to which Mr. Bradley replied there are about 1,600 acres of garlic and 1,300 to 1,400 acres of onions in Nevada. He commented the quarantine law specifies that all acreage of both garlic and onions, shall be registered with the Division of Agriculture every year for the purpose of enforcing the quarantine. He said the garlic and onion crops are small, therefore they are easy to monitor. Chairman Rhoads closed the hearing on A.B. 720 and opened the hearing on Assembly Joint Resolution (A.J.R.) 41. ASSEMBLY JOINT RESOLUTION 41: Urges Congress and Secretary of Agriculture to support Conservation Biology of Rangelands Research Unit. Stephanie Licht, Secretary/Treasurer, Nevada Wool Growers Association, came forward to urge the committee to support A.J.R. 41, which asks Congress and the Secretary of Agriculture to support the agricultural research service station in Nevada. Ms. Licht informed the committee Nevada has one of the most world renowned scientists in arid desert rangeland ecology and range science. He is Dr. Jim Young who heads up the research center in Reno. When it was learned that Congress had cut the funding for this particular agency, there were many letters of support written from around the world. Ms. Licht deferred further testimony to Mr. Busselman. Mr. Busselman said he was in support of A.J.R. 41. He recited the current activity in Congress on this funding, and indicated this resolution is very timely in support of the research center. Mr. Busselman said the research center is critical, not only from the standpoint of the work done in rangelands, but also in rangeland restoration. He stated they do outstanding work and it will be a "dramatic shame if Nevada were to lose this kind of service, especially as we look at some of the regulatory efforts that are coming down the pike with rangeland reform...." Further conversation took place between Chairman Rhoads and Mr. Busselman concerning Dr. Jim Young and his work in Nevada. Ms. Licht said it was her understanding that "when a lot of charges came down about overgrazing and how poor Nevada's rangeland was, the only research center in Nevada was one of the very few legs that had solid scientific evidence to refute those claims that have staved off a lot of feds and a lot of environmental attacks on the ranchers and rangelands." Mr. Busselman informed the committee the research center in Reno is a part of the U. S. Department of Agriculture's research service. Senator Jacobsen asked if the government opted not to fund the research center, if there is another activity in Nevada that could pick up the challenge or expertise. Mr. Busselman said, "probably not." Mr. Busselman said unfortunately the research has become driven, more by where funds are available, than what kind of research is needed. That is why this particular research center is so critical. Chairman Rhoads closed the hearing on A.J.R. 41 and opened the hearing on Assembly Joint Resolution (A.J.R.) 42. ASSEMBLY JOINT RESOLUTION 42: Urges United States Forest Service to stop charging certain fees based in part on activities occurring solely on state lands. Pamela B. Wilcox, Administrator, Division of State Lands, referred to Senate Bill (S.B.) 418 which had been previously heard by this committee. SENATE BILL 418: Exempts holder of permit issued by United States Forest Service from certain provisions governing use of state land. Ms. Wilcox continued explaining the plight of two concessionaires at Lake Tahoe who are paying rentals to the U. S. Forest Service for their entire operations, including the portion on the forest service dry lands and the portion which is on the state's submerged land. She said that problem has been pretty much solved through an Assembly bill which is making its way to the Senate. She stated A.J.R. 42 is addressed to the U. S. Forest Service, asking them to stop the above-referenced practice. She urged the committee to support this resolution. There was further conversation by Ms. Wilcox created by questioning of committee members. Chairman Rhoads closed the hearing on A.J.R. 42. Chairman Rhoads requested Senator McGinness to visit with garlic producers in his district in reference to A.B. 720. Chairman Rhoads asked for a motion on A.J.R. 41. SENATOR REGAN MOVED TO DO PASS A.J.R. 41. SENATOR JAMES SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER WAS ABSENT FOR THE VOTE.) ***** Chairman Rhoads asked for a motion on A.J.R. 42. SENATOR LEE MOVED TO DO PASS A.J.R. 42. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER WAS ABSENT FOR THE VOTE.) ***** There being no further business to come before the committee, the chairman adjourned the meeting at 4:25 p.m. RESPECTFULLY SUBMITTED: Billie Brinkman, Committee Secretary APPROVED BY: Senator Dean A. Rhoads, Chairman DATE: Senate Committee on Natural Resources June 23, 1995 Page