Assembly Bill No. 72-Committee on Government Affairs
(On Behalf of the Division of Environmental Protection of the Department of Conservation and Natural Resources)
January 27, 1997
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Referred to Committee on Government Affairs
SUMMARY--Requires division of environmental protection of state department of conservation and natural resources to review applications for permits to construct utility facilities. (BDR 58-447)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to utility facilities; transferring the duty to review permits to construct utility facilities from the state environmental commission to the division of environmental protection of the state department of conservation and natural resources; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 704.870 is hereby amended to read as follows:
704.870 1. A public utility which applies for a permit [shall] must file with the commission an application, in such form as the commission prescribes, containing:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility;
(c) A statement explaining the need for the facility;
(d) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility;
(e) A summary of the examination of conservation measures and alternative sources of energy which was made before the construction of a facility using fossil fuel; and
(f) Such other information as the applicant may consider relevant or as the commission may by regulation or order require.
A copy or copies of the studies referred to in paragraph (b) must be filed with the commission and be available for public inspection.
2. A person who is not a public utility and who applies for a permit [shall] must file with the commission an application, in such form as the commission prescribes, containing:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility; and
(c) Such other information as the applicant may consider relevant.
3. A copy of the application must be filed with the [chairman of the state environmental commission created pursuant to NRS 445B.200.] administrator of the division of environmental protection of the state department of conservation and natural resources.
4. Each application must be accompanied by [proof] :
(a) Proof of service of a copy of the application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed [.
5. Each application must also be accompanied by proof] ; and
(b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice under [subsection 4] paragraph (a) by the publication of a summary of the application in newspapers published and distributed in the area in which the utility facility is proposed to be located.
Sec. 2 NRS 704.875 is hereby amended to read as follows:
704.875 The [state environmental commission] division of environmental protection of the state department of conservation and natural resources shall review each application filed and may participate in any proceeding held pursuant to NRS 704.880.
Sec. 3 NRS 704.885 is hereby amended to read as follows:
704.885 1. The parties to a permit proceeding include:
(a) The applicant.
(b) The [state environmental commission created pursuant to NRS 445B. 200.] division of environmental protection of the state department of conservation and natural resources.
(c) Each local government entitled to receive service of a copy of the application under subsection 4 of NRS 704.870, if it has filed with the commission a notice of intervention as a party, within 45 days after the date it was served with a copy of the application.
(d) Any person residing in a local government entitled to receive service of a copy of the application under subsection 4 of NRS 704.870, if such a person has petitioned the commission for leave to intervene as a party within 45 days after the date of the published notice and if the petition has been granted by the commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within 45 days after the date of the published notice.
2. Any person may make a limited appearance in the proceeding by filing a statement of position within 45 days after the date of the published notice. A statement filed by a person making a limited appearance becomes part of the record. No person making a limited appearance has the right to present oral testimony or cross-examine witnesses.
3. The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph [(b),] (c), (d) or (e) of subsection 1, but who failed to file [a timely] in a timely manner a notice of intervention [or] , a petition for leave to intervene [,] or a notice of intent to be a party, as the case may be.
Sec. 4 This act becomes effective on July 1, 1997.