Senate Bill No. 367-Senators Wiener, Townsend, Titus, Adler, Jacobsen, Mathews, O'Donnell, Porter, Rawson, Regan, Schneider and Shaffer

May 7, 1997
____________

Referred to Committee on Human Resources and Facilities

SUMMARY--Prohibits use of substances and materials containing diisocyanates in school buildings under certain circumstances. (BDR 34-1227)

FISCAL NOTE: Effect on Local Government: Yes.
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 hazardous substances; prohibiting the use under certain circumstances of any substance or material that contains a diisocyanate in the maintenance or repair of a building owned or operated by a school district, a private school or the University and Community College System of Nevada; requiring the division of environmental protection of the state department of conservation and natural resources to prepare and distribute an informational pamphlet concerning diisocyanates; providing a penalty; 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 Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for any person knowingly to use, or cause or permit another person to use, in the maintenance or repair of a building owned or operated by a school district, any substance or material that contains a diisocyanate, including, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI), while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 2 Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for any person knowingly to use, or cause or permit another person to use, in the maintenance or repair of a building owned or operated by a private school, any substance or material that contains a diisocyanate, including, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI), while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 3 Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for any person knowingly to use, or cause or permit another person to use, in the maintenance or repair of a building owned or operated by the system, any substance or material that contains a diisocyanate, including, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI), while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 4 The division of environmental protection of the state department of conservation and natural resources shall, as soon as practicable:
1. Prepare an informational pamphlet that:
(a) Includes a list of common substances and materials which contain diisocyanates;
(b) Describes the dangers associated with the use of and exposure to diisocyanates; and
(c) Specifies the safety precautions that should be taken when working with or in the vicinity of substances or materials which contain diisocyanates.
2. Distribute copies of the pamphlet to the board of trustees of each county school district, the administrator of each private school in this state and the board of regents of the University of Nevada.
Sec. 5 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 6 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 7 1. This section and section 4 of this act become effective upon passage and approval.
2. Sections 1, 2, 3, 5 and 6 of this act become effective on October 1, 1997.

30