Assembly Bill No. 36–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER..........

 

AN ACT relating to air pollution; revising provisions governing the program established by the State Environmental Commission for the regulation of smoke and other emissions by inspection of certain heavy-duty motor vehicles; revising provisions relating to the inspection and testing of certain motor vehicles; prohibiting certain branch offices and agents of the Department of Motor Vehicles from registering certain motor vehicles; eliminating the requirement that certain standards for petroleum products adopted by the State Board of Agriculture be similar to those of the State of California; exempting military tactical vehicles from requirements relating to the control of emissions from engines; 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 445B of NRS is hereby amended by adding

 thereto the provisions set forth as sections 2 to 5, inclusive, of this

 act.

    Sec. 2.  “Heavy-duty motor vehicle” means, except as

 otherwise provided in NRS 445B.780, a motor vehicle that has a

 manufacturer’s gross vehicle weight rating of 8,500 pounds or

 more. The term does not include a passenger car.

    Sec. 3.  “Motor vehicle fuel” has the meaning ascribed to it in

 NRS 365.060.

    Sec. 4.  “Special fuel” has the meaning ascribed to it in

NRS 366.060.

    Sec. 5.  1.  The provisions of NRS 445B.700 to 445B.845,

 inclusive, and sections 2 to 5, inclusive, of this act do not apply to

 military tactical vehicles.

    2.  As used in this section, “military tactical vehicle” means a

 motor vehicle that is:

    (a) Owned or controlled by the United States Department of

 Defense or by a branch of the Armed Forces of the United States;

 and

    (b) Used in combat, combat support, combat service support,

 tactical or relief operations, or training for such operations.

    Sec. 6.  NRS 445B.700 is hereby amended to read as follows:

    445B.700  As used in NRS 445B.700 to 445B.845, inclusive,

 and sections 2 to 5, inclusive, of this act, unless the context

 otherwise requires, the words and terms defined in NRS 445B.705

to 445B.758, inclusive, and sections 2, 3 and 4 of this act have the

meanings ascribed to them in those sections.

    Sec. 7.  NRS 445B.780 is hereby amended to read as follows:

    445B.780  1.  The Commission shall, by regulation, establish a

 program for the regulation of smoke and other emissions by

 inspection of heavy-duty motor vehicles that are powered by diesel

 fuel or [gasoline. The program must be substantially similar to the

 program established in the State of California.

    2.  The Director of the State Department of Conservation and

 Natural Resources shall review each amendment, repeal or other

 revision of a law or regulation of the State of California relating to

 the program established pursuant to subsection 1 to determine its

 appropriateness for this state. The Director shall recommend to the

 Commission any such provisions which he deems necessary or

 appropriate to ensure that program remains substantially similar to

 the program established in the State of California.

    3.] motor vehicle fuel.

    2.  The Commission shall adopt regulations concerning:

    (a) The equipment used to measure smoke and other emissions

 of heavy-duty motor vehicles.

    (b) The granting of a waiver [from the provisions adopted by

 reference in this section,] if compliance involves repair and

 equipment costs which exceed the limits established by the

 Commission. The Commission shall establish the limits in a

 manner which avoids unnecessary financial hardship to owners of

 heavy-duty motor vehicles.

    [4.]3.  As used in this section, [a] “heavy-duty motor vehicle”

 means a motor vehicle that has a manufacturer’s gross vehicle

 weight rating of [8,500] 10,001 pounds or more. The term does not

 include a passenger car.

    Sec. 8.  NRS 445B.795 is hereby amended to read as follows:

    445B.795  The authority set forth in NRS 445B.770 providing

 for a compulsory inspection program is limited as follows:

    1.  In a county whose population is 100,000 or more, [all

 passenger cars and light-duty motor vehicles which use diesel] the

 following categories of motor vehicles which are powered by

 motor vehicle fuel or special fuel and require inspection pursuant

 to the regulations adopted by the Commission under NRS

 445B.770 are required to have evidence of compliance upon

 registration or reregistration [.]:

    (a) All passenger cars;

    (b) Light-duty motor vehicles; and

    (c) Heavy-duty motor vehicles having a manufacturer’s gross

 vehicle weight rating which does not exceed 10,000 pounds.

    2.  In areas which have been designated by the Commission for

 inspection programs and which are located in counties whose

populations are 100,000 or more, all used motor vehicles which

require inspection pursuant to the regulations adopted by the

 Commission under NRS 445B.770 are required to have evidence of

 compliance upon registration or reregistration.

    3.  In designated areas in other counties where the Commission

 puts a program into effect, all used motor vehicles which require

 inspection pursuant to the regulations adopted by the Commission

 under NRS 445B.770 are required to have evidence of compliance

 upon registration or reregistration.

    4.  The board of county commissioners of a county containing a

 designated area may revise its program for the designated area after

 receiving the approval of the Commission.

    5.  Before carrying out the inspections of vehicles required

 pursuant to the regulations adopted by the Commission pursuant

 to NRS 445B.770, the Commission shall, by regulation, adopt

 testing procedures and standards for emissions for those vehicles.

    Sec. 9.  NRS 445B.815 is hereby amended to read as follows:

    445B.815  1.  Except as otherwise provided in subsection 2,

 persons employed at branch offices of the Department of Motor

 Vehicles and the offices of county assessors who are acting as

 agents of the Department in the collection of fees for registration,

 shall not register:

    (a) A passenger car or light-duty motor vehicle which:

        (1) Uses [diesel] motor vehicle fuel or special fuel;

        (2) Is based in a county whose population is 100,000 or

 more; and

        (3) Requires inspection pursuant to the regulations adopted

 by the Commission under NRS 445B.770; [or]

    (b) A heavy-duty motor vehicle having a manufacturer’s gross

 vehicle weight rating which does not exceed 10,000 pounds, that:

        (1) Uses motor vehicle fuel or special fuel;

        (2) Is based in a county whose population is 100,000 or

 more; and

        (3) Requires inspection pursuant to the regulations adopted

 by the Commission under NRS 445B.770; or

    (c) A vehicle which:

        (1) Is based in an area of this state designated by the

 Commission; and

        (2) Requires inspection pursuant to the regulations adopted

 by the Commission under NRS 445B.770,

until evidence of compliance with NRS 445B.700 to 445B.845,

 inclusive, has been provided.

    2.  An owner or lessee of a fleet of three or more vehicles may,

 upon application to the Department of Motor Vehicles, submit

 evidence of compliance for his motor vehicles in a manner

 determined by that Department.

    Sec. 10.  NRS 445B.845 is hereby amended to read as follows:

    445B.845  1.  A violation of any provision of NRS 445B.700

 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act

 relating to motor vehicles, or any regulation adopted pursuant

 thereto relating to motor vehicles, is a misdemeanor. The provisions

 of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5,

 inclusive, of this act or any regulation adopted pursuant thereto,

 must be enforced by any peace officer.

    2.  Satisfactory evidence that the motor vehicle or its equipment

 conforms to those provisions or regulations, when supplied by the

 owner of the motor vehicle to the Department of Motor Vehicles

 within 10 days after the issuance of a citation pursuant to

 subsection 1, may be accepted by the court as a complete or partial

 mitigation of the offense.

    Sec. 11.  NRS 590.070 is hereby amended to read as follows:

    590.070  1.  The State Board of Agriculture shall adopt

 regulations relating to the standards for petroleum products 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.

    3.]2.  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.]3.  This section does not apply to aviation fuel.

    [5.]4.  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.

 

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