Senate Bill No. 251-Committee on Natural Resources
April 2, 1997
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Referred to Committee on Natural Resources
SUMMARY--Revises regulatory authority of certain state agencies to adopt standards for fuel. (BDR 51-1366)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to fuel; granting exclusive authority to adopt regulations relating to standards for certain fuels to the state board of agriculture; establishing standards for the adoption of such regulations; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 590.070 is hereby amended to read as follows:
590.070 1. [The] Except as otherwise provided in NRS 445B.210 and 486A.150, the state board of agriculture [shall] has exclusive authority in this state to adopt such regulations relating to the standards for fuel, including diesel fuel used in internal combustion engines, [which are substantially similar to the laws and regulations of the State of California relating to those standards.
2. The state board of agriculture shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to those standards to determine its appropriateness for this state. The board shall adopt any regulation based on a law or regulation of the State of California which the board determines is necessary or appropriate for this state to ensure that the regulations adopted by the board remain substantially similar to the laws and regulations adopted by the State of California concerning those standards.] as the board deems necessary, cost effective and technologically feasible to carry out the provisions of the Federal Act. As used in this subsection, "Federal Act" has the meaning ascribed to it in NRS 445B.135.
2. Before the board adopts any regulation pursuant to this section, it shall:
(a) Determine the cost effectiveness of the proposed regulation by comparing it on an incremental basis with other methods of controlling pollution caused by motor vehicles.
(b) Determine whether the proposed regulation is technologically feasible based on a preponderance of the scientific and engineering evidence presented to the board, including, without limitation, evidence of the availability, effectiveness, reliability and safety of any proposed technology when it is used for its proposed use.
(c) Analyze, to the extent feasible, the effect of the proposed regulation on the economy of this state. The analysis must include, without limitation, the effect of the proposed regulation on the:
(1) Efficiency of motor fuel;
(2) Existing distribution system for motor fuel;
(3) Ability of persons who sell or offer to sell motor fuel in this state to compete with persons in contiguous states; and
(4) Cost to purchasers of motor fuel.
(d) Consult with public and private entities that would be significantly affected by the proposed regulation to identify any investigative or preventive actions that may be necessary to ensure acceptance by purchasers, availability of the product, and acceptable performance and reliability of the equipment. The entities must include, without limitation, the manufacturers, distributors, independent marketers and purchasers of fuel and manufacturers of motor vehicles.
3. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline or diesel fuel, unless it conforms with the regulations adopted by the state board of agriculture pursuant to this section.
4. This section does not apply to aviation fuel.
5. In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.
Sec. 2 NRS 445B.210 is hereby amended to read as follows:
445B.210 The commission may:
1. Subject to the provisions of NRS 445B.215, adopt regulations consistent with the general intent and purposes of NRS 445B.100 to 445B.640, inclusive, to prevent, abate and control air pollution.
2. Establish standards for air quality.
3. Require access to records relating to emissions which cause or contribute to air pollution.
4. Cooperate with other governmental agencies, including other states and the Federal Government.
5. Establish such requirements for the control of emissions as may be necessary to prevent, abate or control air pollution.
6. By regulation:
(a) Designate as a hazardous air pollutant any substance which, on or after October 1, 1993, is on the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b); and
(b) Delete from designation as a hazardous air pollutant any substance which, after October 1, 1993, is deleted from the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b),
based upon the commission's determination of the extent to which such a substance presents a risk to the public health.
7. Hold hearings [for purposes of implementing] to carry out the provisions of NRS 445B.100 to 445B.640, inclusive, except as otherwise provided in [such] those sections.
8. [Establish] Except as otherwise provided in NRS 590.070, establish fuel standards for [both stationary and mobile] stationary sources of air contaminants.
9. Require elimination of devices or practices which cannot be reasonably allowed without generation of undue amounts of air contaminants.
Sec. 3 The regulations adopted by the state environmental commission pursuant to subsection 8 of NRS 445B.210 establishing fuel standards for mobile sources of air contaminants are void. The legislative counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after October 1, 1997.