Assembly Bill No. 237–Assemblymen Geddes, Conklin, Knecht, Gibbons, Leslie, Anderson, Andonov, Arberry, Atkinson, Brown, Buckley, Carpenter, Christensen, Collins, Giunchigliani, Goicoechea, Grady, Griffin, Hardy, Hettrick, Horne, Koivisto, Mabey, Manendo, Marvel, Mortenson, Oceguera, Parks, Perkins, Pierce, Sherer and Weber
Joint Sponsors: Senators
Titus, Wiener, Coffin,
Rhoads and Shaffer
CHAPTER..........
AN ACT relating to fuels; revising the findings of the Legislature concerning the feasibility of the conversion to cleaner-burning alternative fuels by certain fleets of motor vehicles; revising the definitions of “alternative fuel” and “dedicated alternative fuel motor vehicle”; requiring the State Environmental Commission to adopt regulations relating to dedicated alternative fuel motor vehicles; 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 486A of NRS is hereby amended by
adding thereto a new section to read as follows:
“Ultra low-sulfur diesel fuel” means diesel fuel having a
maximum sulfur content of 15 parts per million by weight.
Sec. 2. NRS 486A.010 is hereby amended to read as follows:
486A.010 The Legislature finds that:
1. Protection of the State’s environment, particularly the
quality of its air, requires a reduction, especially in metropolitan
areas, of the contaminants resulting from the combustion of
conventional fuels in motor vehicles.
2. A very large proportion of these contaminants results from
the burning of liquid and gaseous fuels to operate trucks and buses,
many of which are operated in fleets. Each fuel can be evaluated as
to the air pollution it causes when burned in motor vehicles.
3. Conversion of these fleets to use cleaner-burning alternative
fuels can reduce contaminants sufficiently to permit the continued
use of conventional fuels in individually owned motor vehicles. [,
but such conversion is feasible only if sufficient financial assistance
is provided to the owners of fleets.]
Sec. 3. NRS 486A.020 is hereby amended to read as follows:
486A.020 As used in NRS 486A.010 to 486A.180, inclusive,
and section 1 of this act,unless the context otherwise requires, the
words and terms defined in NRS 486A.030 to 486A.130, inclusive,
and section 1 of this act have the meanings ascribed to them in
those sections.
Sec. 4. NRS 486A.030 is hereby amended to read as follows:
486A.030 “Alternative fuel” means any fuel which complies
with the standards and requirements established by the Commission.
The term includes :
1. Ultra low-sulfur diesel fuel [and reformulated] ;
2. Reformulated gasoline ;
3. Diesel fuel that meets the requirements imposed by the
California Air Resources Board; and
4. Finished diesel fuel that:
(a) Meets American Society for Testing and Materials (ASTM)
specification D975; and
(b) Includes at least 5 percent but not more than 20 percent
biodiesel fuel blend stock for distillate fuels meeting ASTM
specification D6751,
which comply with the regulations adopted by the United States
Environmental Protection Agency pursuant to the standards for the
control of emissions from motor vehicles established in the Clean
Air Act Amendments of 1990 [(Pub. L. No. 101‑549, Nov. 15,
1990).] , Public Law 101-549, November 15, 1990.
Sec. 5. NRS 486A.030 is hereby amended to read as follows:
486A.030 “Alternative fuel” means any fuel which complies
with the standards and requirements established by the Commission.
The term includes:
1. [Ultra low-sulfur diesel fuel;
2.] Reformulated gasoline;
[3. Diesel fuel that meets the requirements imposed by the
California Air Resources Board; and
4.] and
2. Finished diesel fuel that:
(a) Meets American Society for Testing and Materials (ASTM)
specification D975; and
(b) Includes at least 5 percent but not more than 20 percent
biodiesel fuel blend stock for distillate fuels meeting ASTM
specification D6751,
which comply with the regulations adopted by the United States
Environmental Protection Agency pursuant to the standards for the
control of emissions from motor vehicles established in the Clean
Air Act Amendments of 1990, Public Law 101-549, November 15,
1990.
Sec. 6. NRS 486A.060 is hereby amended to read as follows:
486A.060 “Dedicated alternative fuel motor vehicle” means a
motor vehicle that [operates] :
1. Operates only on an alternative fuel [.] ; or
2. Regardless of the type of fuel on which it operates, has
been certified by the United States Environmental Protection
Agency as being in compliance with the standards for the control
of emissions from an ultra low-emission vehicle, or more stringent
standards, as set forth in 40 C.F.R. § 88.104-94 or 88.105-94.
Sec. 7. NRS 486A.150 is hereby amended to read as follows:
486A.150 The Commission shall adopt regulations necessary
to carry out the provisions of NRS 486A.010 to 486A.180,
inclusive, and section 1 of this act, including, but not limited to,
regulations concerning:
1. Standards and requirements for alternative fuel. The
Commission shall not discriminate against any product that is
petroleum based.
2. The conversion of fleets to use alternative fuels if the fleet is
operated in a county whose population is 100,000 or more.
3. Standards for alternative fuel injection systems for diesel
motor vehicles.
4. Standards for levels of emissions from motor vehicles that
are converted to use alternative fuels.
5. The establishment of a procedure for approving exemptions
to the requirements of NRS 486A.010 to 486A.180, inclusive [.] ,
and section 1 of this act.
6. Standards related to the use of dedicated alternative fuel
motor vehicles.
Sec. 8. NRS 486A.180 is hereby amended to read as follows:
486A.180 1. Except as otherwise provided in subsection 4,
any person who violates any provision of NRS 486A.010 to
486A.180, inclusive, and section 1 of this act, or any regulation
adopted pursuant thereto, is guilty of a civil offense and shall pay an
administrative fine levied by the Commission of not more than
$5,000. Each day of violation constitutes a separate offense.
2. The Commission shall by regulation establish a schedule of
administrative fines of not more than $1,000 for lesser violations of
any provision of NRS 486A.010 to 486A.180, inclusive, and
section 1 of this act or any regulation in force pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to
enforcement of the provisions of NRS 486A.010 to 486A.180,
inclusive, and section 1 of this act and regulations in force pursuant
thereto, by injunction or other appropriate remedy. The Commission
or the Director of the Department may institute and maintain in the
name of the State of Nevada any such enforcement proceeding.
4. A person who fails to pay a fine levied pursuant to
subsection 1 or 2 within 30 days after the fine is imposed is guilty of
a misdemeanor. The provisions of this subsection do not apply to a
person found by the court to be indigent.
5. The Commission and the Department shall deposit all
money collected pursuant to this section in the State General Fund.
Money deposited in the State General Fund pursuant to this
subsection must be accounted for separately and may only be
expended upon legislative appropriation.
Sec. 9. As soon as practicable after July 1, 2003, the State
Environmental Commission shall review its regulations set forth in
chapter 486A of NAC and shall, pursuant to its authority to adopt
regulations set forth in NRS 445B.210 and 486A.150:
1. Revise the definition of “alternative fuel” in a manner
consistent with the provisions of this act; and
2. Revise its schedule for the conversion of fleets to use
alternative fuels, if the Commission determines that the revision is
necessary as a result of the provisions of this act.
Sec. 10. 1. This section and sections 1 to 4, inclusive, and 6
to 9, inclusive, of this act become effective on July 1, 2003.
2. Sections 1 and 4 of this act expire by limitation on
December 31, 2006.
3. Section 5 of this act becomes effective on January 1, 2007.
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