Assembly Bill No. 129–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER..........

 

AN ACT relating to the State Department of Conservation and Natural Resources; requiring the interest earned on the money deposited in certain accounts or funds for use by the Department to be credited to those accounts or funds; providing that certain money collected for purposes of the Program for the Voluntary Cleanup of Hazardous Substances and Relief From Liability must be deposited in the Account for the Management of Hazardous Waste; 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 445B.590 is hereby amended to read as

 follows:

    445B.590  1.  The Account for the Management of Air Quality

 is hereby created in the State General Fund, to be administered by

 the Department.

    2.  Money in the Account for the Management of Air Quality

 must be expended only:

    (a) To carry out and enforce the provisions of NRS 445B.100 to

 445B.640, inclusive, and of any regulations adopted pursuant to

 those sections, including, without limitation, the direct and indirect

 costs of:

        (1) Preparing regulations and recommendations for

 legislation regarding those provisions;

        (2) Furnishing guidance for compliance with those

 provisions;

        (3) Reviewing and acting upon applications for operating

 permits;

        (4) Administering and enforcing the terms and conditions of

 operating permits;

        (5) Monitoring emissions and the quality of the ambient air;

        (6) Preparing inventories and tracking emissions;

        (7) Performing modeling, analyses and demonstrations; and

        (8) Establishing and administering a program for the

 provision of assistance, pursuant to 42 U.S.C. § 7661f, to small

 businesses operating stationary sources; and

    (b) In any other manner required as a condition to the receipt of

 federal money for the purposes of NRS 445B.100 to 445B.640,

 inclusive.

    3.  All interest earned on the money in the Account for the

 Management of Air Quality must be credited to the Account.

Claims against the Account for the Management of Air Quality must

be paid as other claims against the State are paid.

    Sec. 2.  NRS 459.3824 is hereby amended to read as follows:

    459.3824  1.  The owner of a regulated facility shall pay to the

 Division an annual fee based on the fiscal year. The annual fee for

 each facility is the sum of a base fee set by the State Environmental

 Commission and any additional fee imposed by the Commission

 pursuant to subsection 2. The annual fee must be prorated and may

 not be refunded.

    2.  The State Environmental Commission may impose an

 additional fee upon the owner of a regulated facility in an amount

 determined by the Commission to be necessary to enable the

 Division to carry out its duties pursuant to NRS 459.380 to

 459.3874, inclusive. The additional fee must be based on a

 graduated schedule adopted by the Commission which takes into

 consideration the quantity of hazardous substances located at each

 facility.

    3.  After the payment of the initial annual fee, the Division shall

 send the owner of a regulated facility a bill in July for the annual

 fee for the fiscal year then beginning which is based on the

 applicable reports for the preceding year.

    4.  The owner of a regulated facility shall submit, with any

 payment required by this section, the number assigned by the

 Department of Taxation, for the imposition and collection of taxes

 pursuant to chapter 364A of NRS, to the business for which the

 payment is made.

    5.  All fees collected pursuant to this section and penalties

 collected pursuant to NRS 459.3833, 459.3834 and 459.3874[, and

 any interest earned thereon,] must be deposited with the State

 Treasurer for credit to the Fund for Precaution Against Chemical

 Accidents, which is hereby created as a special revenue fund. All

 interest earned on the money in the Fund must be credited to the

 Fund.

    Sec. 3.  NRS 459.3829 is hereby amended to read as follows:

    459.3829  1.  No owner or operator of a regulated facility may

 commence construction or operation of any new process subject to

 regulation pursuant to NRS 459.380 to 459.3874, inclusive, unless

 he first obtains all appropriate permits from the Division to

 construct the new process or commence operation of the new

 process, or both. Before issuing any such permits, the Division shall

 consult with the Division of Industrial Relations of the Department

 of Business and Industry.

    2.  An application for such a permit must be submitted on a

 form prescribed by the Division.

    3.  The Division may require the applicant to comply with

requirements that it establishes by regulation before issuing any

 permits for construction and operation of the process.

    4.  The Division may charge and collect a fee for the issuance

 of such a permit. All fees collected pursuant to this section [and any

 interest earned thereon] must be deposited with the State Treasurer

 for credit to the Fund for Precaution Against Chemical Accidents

 created pursuant to NRS 459.3824.

    Sec. 4.  NRS 459.530 is hereby amended to read as follows:

    459.530  1.  All proceeds from agreements entered into

 pursuant to NRS 459.505, all application fees collected pursuant to

 NRS 459.634, all reimbursements and penalties recovered pursuant

 to NRS 459.537, and all fees collected[,] and all civil penalties

 imposed [and all interest accrued] pursuant to NRS 459.400 to

 [459.600,] 459.658, inclusive, must be deposited with the State

 Treasurer for credit to the Account for the Management of

 Hazardous Waste, which is hereby created in the State General

 Fund. All interest earned on the money in the Account must be

 credited to the Account. The money in the Account must be paid as

 other claims against the State are paid.

    2.  The State Treasurer shall account separately for each of the

 fees collected pursuant to NRS 459.512.

    Sec. 5.  NRS 519A.170 is hereby amended to read as follows:

    519A.170  [Fees] All fees collected by the Division pursuant to

 this chapter, including, without limitation, the fees for an

 application for and the issuance of a permit , must be deposited

 with the State Treasurer for credit to the appropriate account of the

 Division and must be used in the administration of NRS 519A.010

 to 519A.280, inclusive. All interest earned on the money credited

 pursuant to this section must be credited to the account to which

 the money was credited.

    Sec. 6.  NRS 519A.280 is hereby amended to read as follows:

    519A.280  1.  Except as otherwise provided in NRS 445C.010

 to 445C.120, inclusive, a person who violates any provision of NRS

 519A.010 to 519A.280, inclusive, or any regulation adopted by the

 Commission pursuant to NRS 519A.160, is guilty of a

 misdemeanor and, in addition to any criminal penalty, is subject to

 a civil penalty imposed by the Division at a hearing for which

 notice has been given, in an amount determined pursuant to the

 schedule adopted by the Commission pursuant to NRS 519A.160.

    2.  Any money received by the Division pursuant to subsection

 1 must be deposited [in the state general fund.] with the State

 Treasurer for credit to the appropriate account of the Division.

 All interest earned on the money credited pursuant to this section

 must be credited to the account to which the money was credited.

 

    Sec. 7.  This act becomes effective on July 1, 2003.

 

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