Assembly Bill No. 74–Committee on Natural Resources,
Agriculture, and Mining

 

CHAPTER..........

 

AN ACT relating to brownfield sites; creating a revolving fund to finance the remediation of brownfield sites; requiring the Division of Environmental Protection of the State Department of Conservation and Natural Resources to administer the fund; providing for the uses of money in the fund; authorizing the Administrator of the Division to impose a fee; authorizing the State Environmental Commission to adopt 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. Chapter 459 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 to 18, inclusive, of this

act.

    Sec. 2.  As used in sections 2 to 18, inclusive, of this act,

unless the context otherwise requires, the words and terms defined

in sections 3 to 10, inclusive, of this act have the meanings

ascribed to them in those sections.

    Sec. 3.  “Administrator” means the Administrator of the

Division.

    Sec. 4.  “Brownfield project” means a project for the

remediation of a brownfield site for future or alternative use.

    Sec. 5.  “Brownfield site” has the meaning ascribed to it in 42

U.S.C. § 9601.

    Sec. 6.  “Brownfields Restoration Act” means the Small

Business Liability Relief and Brownfields Revitalization Act,

Public Law 107-118.

    Sec. 7.  “Commission” means the State Environmental

Commission.

    Sec. 8.  “Division” means the Division of Environmental

Protection of the State Department of Conservation and Natural

Resources.

    Sec. 9.  “Federal grant” means money authorized by 42

U.S.C § 9604(k) to create a revolving fund to finance the costs of

brownfield projects.

    Sec. 10.  “Fund” means the Fund for Brownfield Projects

created pursuant to section 11 of this act.

    Sec. 11.  1.  The Fund for Brownfield Projects is hereby

created in the State Treasury as a revolving fund, to be

administered by the Division.

    2.  Money in the Fund may be used only to carry out

brownfield projects authorized pursuant to the Brownfields

Restoration Act. Interest and income earned on the money in the

Fund must be credited to the Fund. Money remaining in the Fund

at the end of a fiscal year does not revert to the State General

Fund, and the balance in the Fund for Brownfield Projects must

be carried forward.

    3.  All payments reimbursing the cost of cleanups for

brownfield projects, including interest, must be deposited in the

State Treasury for credit to the Fund.

    4.  Claims against the Fund must be paid as other claims

against the State are paid.

    5.  The Division may accept gifts, appropriations,

contributions, grants and bequests of money from any public or

private sources. Money so accepted must be deposited in the State

Treasury for credit to the Fund and may be used to match the

federal grant.

    Sec. 12.  Except as otherwise provided in section 13 of this

act, money in the Fund, including reimbursements, repayment of

principal and interest on loans and other financial assistance, and

interest earned on money in the Fund, may be used only to

finance the cleanup of brownfield sites or provide other assistance

to brownfield projects.

    Sec. 13.  With regard to the money from the federal grant in

the Fund, the Administrator shall not spend more than the

federally approved amounts for the administration and fiscal or

financial oversight of the Fund.

    Sec. 14.  The Division shall:

    1.  Use the money in the Fund for the purposes set forth in the

Brownfields Restoration Act.

    2.  Determine whether brownfield projects which receive

money or other assistance from the Fund comply with the

Brownfields Restoration Act.

    Sec. 15.  The Division may:

    1.  Prepare and enter into any agreements with the Federal

Government for the acceptance of grants of money for the Fund.

    2.  Bind itself to terms of such an agreement.

    3.  Accept grants made pursuant to the Brownfields

Restoration Act.

    4.  Manage the Fund in accordance with requirements and

objectives of the Brownfields Restoration Act.

    5.  Provide services relating to the management and

administration of the Fund, including the preparation of any

agreement, plan or report.

    Sec. 16.  The Administrator may impose and collect a fee, in

an amount established by the Commission by regulation, from

each recipient that receives financial assistance from the Fund.

The fee must be used to defray the costs of administering the

Fund.

    Sec. 17.  The Administrator may employ any legal, fiscal,

engineering and other expert services necessary to carry out his

duties pursuant to sections 2 to 18, inclusive, of this act.

    Sec. 18.  The Commission may adopt such regulations as are

necessary to carry out the provisions of sections 2 to 18, inclusive,

of this act.

    Sec. 19.  This act becomes effective upon passage and

approval.

 

²⁰~~~~~⁰³