SB127_R1

Senate Bill No. 127–Committee on Commerce and Labor

CHAPTER..........

AN ACT relating to hazardous materials; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to investigate certain accidents at facilities; providing for the recovery by the Division of its costs incurred in conducting such an investigation; deleting the statutory list of highly hazardous substances; requiring the State Environmental Commission to adopt regulations designating a list of highly hazardous substances and designating specific materials that are subject to regulation as explosives; revising the provisions relating to the regulation of facilities and the disclosure of records and information of facilities involved in the use, production, storage or handling of highly hazardous substances or in the manufacture of explosives; requiring the Commission to adopt certain regulations concerning such facilities; authorizing the Administrator of the Division to issue certain orders; 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 a new section to read as follows:

1. The Division may investigate an accident occurring in

connection with a process that involves one or more highly

hazardous substances or explosives at a facility which results in an

uncontrolled emission, fire or explosion and which presented an

imminent and substantial danger to the health of the employees of

the facility, the public health or the environment, to determine the

cause of the accident if the owner or operator of the facility:

(a) Is unwilling to commence and has not commenced an

investigation in a timely manner; or

(b) Is not capable of and has not retained expertise capable of

conducting an investigation.

2. If the Division chooses to conduct such an investigation,

the owner or operator of the facility shall, in a manner consistent

with the safety of the employees of the Division and the facility,

and without placing an undue burden on the operation of the

facility, cooperate with the Division by:

(a) Allowing the Division:

(1) To investigate the accident site and directly related

facilities, including, without limitation, control rooms;

(2) To examine physical evidence; and

(3) If practicable, to inspect equipment both externally and

internally;

(b) Providing the Division with pertinent documents; and

the employees of the facility, subject to all rights of the facility and

the employees to be represented by legal counsel, management

representatives and union representatives during the interviews.

3. To the maximum extent feasible, the Division shall

coordinate any investigation it conducts pursuant to this section

with investigations conducted by other agencies with jurisdiction

over the facility to minimize any adverse impact on the facility and

its employees.

4. The Division may contract for the services of a technical

expert in conducting an investigation pursuant to this section and

may recover its costs for such services from the owner or operator

of the facility.

5. If an investigation is conducted by the Division pursuant to

this section, all costs incurred by the Division in conducting the

investigation, including, without limitation, the costs of services

provided pursuant to subsection 4, may be recovered by the

Division from the owner or operator of the facility at which the

accident occurred.

6. The State Environmental Commission may adopt

regulations setting forth the procedures governing an

investigation conducted by the Division pursuant to this section

and the procedures for the recovery by the Division of all costs

incurred by the Division in conducting the investigation.

Sec. 2. NRS 459.3802 is hereby amended to read as follows:

459.3802 As used in NRS 459.380 to 459.3874, inclusive, and

section 1 of this act, unless the context otherwise requires, the

words and terms defined in NRS [459.3804] 459.3806 to

459.38125, inclusive, have the meanings ascribed to them in those

sections.

Sec. 3. NRS 459.3809 is hereby amended to read as follows:

459.3809 “Process” means:

1. Any activity that involves a highly hazardous substance

[listed in NRS 459.3816 or in a regulation of the Division adopted

pursuant to NRS 459.3833, and includes,] or explosive, including,

without limitation, the use, storage, manufacture, handling or on-site

movement , [of the substance,] or any combination thereof [.] of the

substance or explosive.

2. A group of vessels that are used in connection with such an

activity, including vessels that are:

(a) Interconnected; or

(b) Separate, but located in such a manner [which makes

possible the release of a substance.] that a highly hazardous

substance or explosive could potentially be released, including,

without limitation, the release, fire or explosion in one vessel that

could cause a release, fire or explosion in another vessel.

3. As used in this section:

(a) “Explosive” means any material designated as subject to

regulation as an explosive pursuant to NRS 459.3816; and

(b) “Highly hazardous substance” means a substance

designated as highly hazardous pursuant to NRS 459.3816.

Sec. 4. NRS 459.381 is hereby amended to read as follows:

459.381 [“Regulated facility”] “Facility” means a building,

equipment and contiguous area where:

1. Highly hazardous substances are produced, used, stored or

handled; or

2. Explosives are manufactured for sale.

Sec. 5. NRS 459.3813 is hereby amended to read as follows:

459.3813 1. Except as otherwise provided in this section and

NRS 459.3814, the provisions of NRS 459.380 to 459.3874,

inclusive, and section 1 of this act and any regulations adopted

pursuant thereto, apply to a [regulated facility that:

(a) Produces, uses, stores or handles] facility:

(a) That is constructing or operating a process which involves

a highly hazardous substance in a quantity:

(1) Equal to or greater than the amount [set forth in]

designated pursuant to NRS 459.3816; or

(2) Less than the amount [set forth in] designated pursuant

to NRS 459.3816 if there are two or more releases from the

[regulated] facility of the same or different highly hazardous

substances during any 12-month period and:

(I) The release of the highly hazardous substances is

reportable pursuant to 40 C.F.R. Part 302; or

(II) Each quantity released is equal to or greater than a

maximum quantity allowable as established by regulation of the

State Environmental Commission; or

(b) [Manufactures] Where explosives are manufactured for

sale.

2. The owner or operator of a facility that is constructing or

operating a process described in subsection 1 shall ensure that

each process constructed or operated by the facility complies with

the provisions of NRS 459.380 to 459.3874, inclusive, and section

1 of this act and any regulations adopted pursuant thereto.

3. A [regulated] facility described in subparagraph (2) of

paragraph (a) of subsection 1 is exempt from [complying with] the

provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of

this act and any regulations adopted pursuant thereto if:

(a) The Division determines that the [regulated facility has:

(1) Carried out the detailed plan to abate hazards

recommended pursuant to subsection 3 of NRS 459.3852; and

(2) Complied] owner or operator of the facility has

complied with such [other] provisions of NRS 459.380 to 459.3874,

inclusive, and section 1 of this act and the regulations adopted

pursuant thereto, as the Division requires; and

(b) The [regulated] owner or operator of the facility obtains an

exemption from the State Environmental Commission. The State

Environmental Commission shall adopt by regulation the procedures

for obtaining such an exemption.

[3.] 4. As used in this section [, “highly] :

(a) “Explosive” means any [substance] material designated as

[such in NRS 459.3816 or any regulations adopted pursuant

thereto.]subject to regulation as an explosive pursuant to NRS

459.3816.

(b) “Highly hazardous substance” means a substance

designated as highly hazardous pursuant to NRS 459.3816.

Sec. 6. NRS 459.3814 is hereby amended to read as follows:

459.3814 The provisions of NRS 459.380 to 459.3874,

inclusive, and section 1 of this act do not apply to:

1. The transportation of any hazardous substances within or

through this state which is regulated by the State or the United

States Department of Transportation.

2. Any final use of anhydrous ammonia for an agricultural

purpose, including storage of the substance on the premises of a

farm.

3. Activities which are regulated pursuant to both 30 U.S.C. §§

801 et seq. and 42 U.S.C. § 7412(r).

Sec. 7. NRS 459.3816 is hereby amended to read as follows:

459.3816 1. [The following substances are designated as

highly hazardous, if present in the quantity designated after each

substance or a greater quantity:

Number Assigned

by Chemical Quantity

Chemical Name of SubstanceAbstract Service(In pounds)

Acetaldehyde.......................... 75-07-0 2500

Acrolein (2-Propenal)......... 107-02-8 150

Acrylyl Chloride.................. 814-68-6 250

Allyl Chloride...................... 107-05-1 1000

Allylamine........................... 107-11-9 1000

Alkylaluminums......................... None 5000

Ammonia, Anhydrous....... 7664-41-7 5000

Ammonia solutions (concentration

greater than 44% ammonia by

weight)............................... 7664-41-7 10000

Ammonium Perchlorate... 7790-98-9 7500

Ammonium Permanganate7787-36-2 7500

Arsine (also called Arsenic Hydride)7784-42-1100

Bis (Chloromethyl) Ether... 542-88-1 100

Boron Trichloride........... 10294-34-5 2500

Boron Trifluoride............. 7637-07-2 250

Bromine............................. 7726-95-6 1500

Bromine Chloride........... 13863-41-7 1500

Bromine Pentafluoride..... 7789-30-2 2500

Bromine Trifluoride......... 7787-71-5 15000

3-Bromopropyne (also called

Propargyl Bromide)............ 106-96-7 100

Butyl Hydroperoxide (Tertiary)75-91-2 5000

Butyl Perbenzoate (Tertiary)614-45-9 7500

Carbonyl Chloride (see Phosgene)75-44-5 100

Carbonyl Fluoride............... 353-50-4 2500

Cellulose Nitrate (concentration

greater than 12.6% Nitrogen)9004-70-0 2500

Chlorine............................. 7782-50-5 1500

Chlorine Dioxide............ 10049-04-4 1000

Chlorine Pentafluoride... 13637-63-3 1000

Chlorine Trifluoride......... 7790-91-2 1000

Chlorodiethylaluminum (also

called Diethylaluminum Chloride)96-10-65000

1-Chloro-2,4-Dinitrobenzene97-00-7 5000

Chloromethyl Methyl Ether107-30-2 500

Chloropicrin.......................... 76-06-2 500

Chloropicrin and Methyl Bromide

mixture....................................... None 1500

Chloropicrin and Methyl Chloride

mixture....................................... None 1500

Cumene Hydroperoxide........ 80-15-9 5000

Cyanogen............................. 460-19-5 2500

Cyanogen Chloride............. 506-77-4 500

Cyanuric Fluoride............... 675-14-9 100

Diacetyl Peroxide (concentration

greater than 70%)................ 110-22-5 5000

Diazomethane...................... 334-88-3 500

Dibenzoyl Peroxide............... 94-36-0 7500

Diborane.......................... 19287-45-7 100

Dibutyl Peroxide (Tertiary)110-05-4 5000

Dichloro Acetylene........... 7572-29-4 250

Dichlorosilane................... 4109-96-0 2500

Diethylzinc.......................... 557-20-0 10000

Diisopropyl Peroxydicarbonate105-64-6 7500

Dilauroyl Peroxide.............. 105-74-8 7500

Dimethyl Sulfide................... 75-18-3 100

Dimethyldichlorosilane......... 75-78-5 1000

Dimethylhydrazine, 1.1-........ 57-14-7 1000

Dimethylamine, Anhydrous124-40-3 2500

2, 4 Dinitroaniline................. 97-02-9 5000

Ethyl Methyl Ketone Peroxide

(also Methyl Ethyl Ketone

Peroxide; concentration greater

than 60%).......................... 1338-23-4 5000

Ethyl Nitrite......................... 109-95-5 5000

Ethylamine............................. 75-04-7 7500

Ethylene Fluorohydrin........ 371-62-0 100

Ethylene Oxide...................... 75-21-8 5000

Ethyleneimine...................... 151-56-4 1000

Fluorine............................. 7782-41-4 100

Formaldehyde (concentration 37%

or greater byweight).............. 50-00-0 1000

Furan.................................... 110-00-9 500

Hexafluoroacetone.............. 684-16-2 5000

Hydrochloric Acid, Anhydrous7647-01-0 5000

Hydrofluoric Acid, Anhydrous7664-39-3 1000

Hydrogen Bromide......... 10035-10-6 5000

Hydrogen Chloride........... 7647-01-0 5000

Hydrogen Cyanide, Anhydrous74-90-8 1000

Hydrogen Fluoride............ 7664-39-3 1000

Hydrogen Peroxide (concentration

52% greater by weight).... 7722-84-1 7500

Hydrogen Selenide............ 7783-07-5 150

Hydrogen Sulfide.............. 7783-06-4 1500

Hydroxylamine.................. 7803-49-8 2500

Iron, Pentacarbonyl-....... 13463-40-6 250

Isopropyl Formate............... 625-55-8 500

Isopropylamine...................... 75-31-0 5000

Ketene.................................. 463-51-4 100

Methacrylaldehyde................. 78-85-3 1000

Methacryloyl Chloride........ 920-46-7 150

Methacryloyloxyethyl Isocyanate30674-80-7100

Methyl Acrylonitrile............ 126-98-7 250

Methylamine, Anhydrous...... 74-89-5 1000

Methyl Bromide.................... 74-83-9 2500

Methyl Chloride.................... 74-87-3 15000

Methyl Chloroformate.......... 79-22-1 500

Methyl Disulfide................. 624-92-0 100

Methyl Ethyl Ketone Peroxide

(also Ethyl Methyl Ketone

Peroxide; concentration greater

than 60%).......................... 1338-23-4 5000

Methyl Fluoroacetate.......... 453-18-9 100

Methyl Fluorosulfate.......... 421-20-5 100

Methyl Hydrazine.................. 60-34-4 100

Methyl Iodide......................... 74-88-4 7500

Methyl Isocyanate................ 624-83-9 250

Methyl Mercaptan.................. 74-93-1 5000

Methyl Vinyl Ketone............. 78-94-4 100

Methyltrichlorosilane............ 75-79-6 500

Nickel Carbonyl (Nickel

Tetracarbonyl)................. 13463-39-3 150

Nitric Acid (concentration 94.5%

or greater by weight)......... 7697-37-2 500

Nitric Oxide.................... 10102-43-9 250

Nitroaniline (para Nitroaniline)100-01-6 5000

Nitromethane......................... 75-52-5 2500

Nitrogen Dioxide............ 10102-44-0 250

Nitrogen Oxides (NO; NO2; N2O4;

N2O3)............................. 10102-44-0 250

Nitrogen Tetroxide (also called

NitrogenPeroxide )......... 10544-72-6 250

Nitrogen Trifluoride......... 7783-54-2 5000

Nitrogen Trioxide........... 10544-73-7 250

Oleum (65% or greater by weight

of sulfur trioxide; also called

Fuming Sulfuric Acid)..... 8014-95-7 1000

Osmium Tetroxide.......... 20816-12-0 100

Oxygen Difluoride (Fluorine

Monoxide)......................... 7783-41-7 100

Ozone.............................. 10028-15-6 100

Pentaborane..................... 19624-22-7 100

Peracetic Acid (concentration

greater than 60 Acetic Acid; also

called Peroxyacetic Acid)..... 79-21-0 1000

Perchloric Acid (concentration

greater than 60% by weight)7601-90-3 5000

Perchloromethyl Mercaptan594-42-3 150

Perchloryl Fluoride........... 7616-94-6 5000

Peroxyacetic Acid (concentration

greater than 60% Acetic Acid; also

called Peracetic Acid)........... 79-21-0 1000

Phosgene (also called Carbonyl

Chloride)................................ 75-44-5 100

Phosphine (Hydrogen Phosphide)7803-51-2100

Phosphorus Oxychloride (also

called Phosphoryl Chloride)10025-87-3 1000

Phosphorus Trichloride.... 7719-12-2 1000

Phosphoryl Chloride (also called

Phosphorus Oxychloride)10025-87-3 1000

Propargyl Bromide (also called 3

Bromopropyne)................... 106-96-7 100

Propyl Nitrate...................... 627-13-4 100

Sarin..................................... 107-44-8 100

Selenium Hexafluoride..... 7783-79-1 1000

Stibine (Antimony Hydride)7803-52-3 500

Sulfur Dioxide (liquid)..... 7446-09-5 1000

Sulfur Pentafluoride......... 5714-22-7 250

Sulfur Tetrafluoride.......... 7783-60-0 250

Sulfur Trioxide (also called

Sulfuric Anhydride).......... 7446-11-9 1000

Sulfuric Anhydride (also called

Sulfur Trioxide)................ 7446-11-9 1000

Tellurium Hexafluoride... 7783-80-4 250

Tetrafluoroethylene............. 116-14-3 5000

Tetrafluorohydrazine...... 10036-47-2 5000

Tetramethyl Lead................... 75-74-1 1000

Thionyl Chloride............... 7719-09-7 250

Titanium Tetrachloride..... 7550-45-0 2500

Trichloro (chloromethyl) Silane1558-25-4 100

Trichloro (dichlorophenyl) Silane27137-85-52500

Trichlorosilane................ 10025-78-2 5000

Trifluorochloroethylene........ 79-38-9 10000

Trimethyoxysilane............. 2487-90-3 1500

2. The division, in consultation with the health districts created

pursuant to NRS 439.370, the health division of the department of

human resources and the division of industrial relations of the

department of business and industry, shall regularly examine the

sources of information available to it with regard to potentially

highly hazardous substances. The division shall, by regulation, add

to the list of highly hazardous substances any chemical that is

identified as being used, manufactured, stored, or capable of being

produced, at a facility, in sufficient quantities at a single site, that its

release into the environment would produce a significant likelihood

that persons exposed would suffer death or substantial bodily harm

as a consequence of the exposure.] The State Environmental

Commission shall adopt regulations:

(a) Designating a list of highly hazardous substances,

including, without limitation, any chemical, the release of which

into the environment or the involvement of which in a fire or

explosion would produce a significant likelihood that persons

exposed would suffer death or substantial bodily harm as a

consequence of the exposure; and

(b) Designating for each such substance a quantity which

requires the regulation of that substance pursuant to NRS 459.380

to 459.3874, inclusive, and section 1 of this act and any

regulations adopted pursuant thereto.

2. The Division shall regularly examine sources of

information available to it, including, without limitation, studies,

guidelines and regulations of the Federal Government and the

provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r),

and may propose that the State Environmental Commission add or

delete a substance or otherwise amend the list of substances and

quantities adopted pursuant to subsection 1.

3. The State Environmental Commission shall adopt

regulations designating specific materials that are subject to

regulation as explosives pursuant to NRS 459.380 to 459.3874,

inclusive, and section 1 of this act and any regulations adopted

pursuant thereto.

4. The Division shall regularly examine sources of

information available to it, including, without limitation, studies,

guidelines and regulations of the Federal Government and the

provisions set forth in 18 U.S.C. §§ 841, et seq., and shall consult

with the Division of Industrial Relations of the Department of

Business and Industry to determine materials that should be

regulated as explosives. The Division may propose that the State

Environmental Commission add or delete a material or otherwise

amend the list of materials adopted pursuant to subsection 3.

Sec. 8. NRS 459.3818 is hereby amended to read as follows:

459.3818 1. [The Division] In addition to the regulations

required to be adopted pursuant to NRS 459.380 to 459.3874,

inclusive, and section 1 of this act, the State Environmental

Commission shall adopt such other regulations as are necessary to

carry out the purposes and enforce the provisions of NRS 459.380 to

459.3874, inclusive [.] , and section 1 of this act. The regulations

must include, without limitation:

(a) Specifications for the applicability of the provisions of NRS

459.380 to 459.3874, inclusive, and section 1 of this act and any

regulations adopted pursuant thereto;

(b) The establishment of a program for the prevention of

accidental releases of chemicals that satisfies the provisions of the

chemical process safety standard set forth pursuant to 29 U.S.C. §

655;

and enforce the provisions of NRS 459.380 to 459.3874, inclusive,

and section 1 of this act and any regulations adopted pursuant

thereto;

(d) Requirements for the registration of a facility with the

Division; and

(e) Provisions to ensure that the public is involved in the

process of evaluating proposed regulatory actions that may affect

the public.

2. The Division shall [make] :

(a) Administer and enforce the provisions of NRS 459.380 to

459.3874, inclusive, and section 1 of this act and any regulations

adopted pursuant thereto; and

(b) Make every effort to involve advisory councils on hazardous

materials, where they exist, the governing bodies of local

governments and other interested persons in explaining actions

taken pursuant to those sections and the regulations adopted

pursuant thereto.

3. The State Environmental Commission must apply the

provisions of NRS 459.380 to 459.3874, inclusive, to dealers of

liquefied petroleum gas who sell, fill, refill, deliver or are

permitted to deliver any liquefied petroleum gas in a manner that

is consistent with 42 U.S.C. § 7412(r)(4)(B).

4. As used in this section, “liquefied petroleum gas” has the

meaning ascribed to it in NRS 590.475.

Sec. 9. NRS 459.3819 is hereby amended to read as follows:

459.3819 1. The Division shall enter into cooperative

agreements with state and local agencies to provide inspections of

[regulated] facilities where explosives are manufactured, or where

an explosive is used, processed, handled, moved on site or stored in

relation to its manufacture. The Division shall schedule the

inspections in such a manner as to provide an opportunity for

participation by:

(a) A representative of the fire-fighting agency that exercises

jurisdiction over the [regulated] facility;

(b) A representative of the law enforcement agency that

exercises jurisdiction over the [regulated] facility; and

responsible for minimizing risks to persons and property posed by

such [regulated] facilities.

2. The owner or operator of such a [regulated] facility shall

make the facility available for the inspections required by this

section at such times as are designated by the Division.

3. Any inspection of a [regulated] facility conducted pursuant

to this section is in addition to, and not in lieu of, any other

inspection of the facility required or authorized by state statute or

regulation, or local ordinance.

4. Notwithstanding any provision of this section to the

contrary, the provisions of this section do not apply to the mining

industry.

[5. Except as otherwise provided in subsection 6, as used in

this section, “explosive” means gunpowders, powders used for

blasting, all forms of high explosives, blasting materials, fuses other

than electric circuit breakers, detonators and other detonating

agents, smokeless powders, other explosive or incendiary devices

and any chemical compound, mechanical mixture or device that

contains any oxidizing and combustible units, or other ingredients,

in such proportions, quantities or packing that ignition by fire,

friction, concussion, percussion, or detonation of the compound,

mixture or device or any part thereof may cause an explosion.

6. For the purposes of this section, an explosive does not

include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that

do not exceed 50 pounds, percussion caps, safety and pyrotechnic

fuses, quills, quick and slow matches, and friction primers that are

intended to be used solely for sporting, recreation or cultural

purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C.

§ 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the

definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),

as that section existed on January 1, 1999; or

military department of the United States, or that is distributed to, or

possessed or stored by, the military or naval service or any other

agency of the United States, or an arsenal, a navy yard, a depot or

any other establishment owned by or operated on behalf of the

United States.]

Sec. 10. NRS 459.382 is hereby amended to read as follows:

459.382 1. The Health Division of the Department of Human

Resources, the Division of Industrial Relations of the Department of

Business and Industry and any other governmental entity or agency

of the State responsible for minimizing risks to persons and property

posed by [regulated] facilities and hazardous substances shall

submit to the Division of Environmental Protection such reports as

the Division deems necessary to carry out the provisions of NRS

459.380 to 459.3874, inclusive[.] , and section 1 of this act and

any regulations adopted pursuant thereto. The reports must be

submitted at such times and contain such information as required by

the Division.

2. The [Division] State Environmental Commission shall

adopt by regulation common reporting forms to be used by such

governmental entities and agencies when reporting information

related to hazardous substances and [regulated] facilities.

3. The Division shall review the rules, regulations, standards,

codes and safety orders of other governmental entities and agencies

of the State responsible for minimizing risks to persons and property

posed by [regulated] facilities and hazardous substances to ensure

that they are sufficient to carry out the provisions of NRS 459.380 to

459.3874, inclusive[.] , and section 1 of this act and any

regulations adopted pursuant thereto.

4. If the Division and any other governmental entity or agency

of the State have coexisting jurisdiction over the regulation of

[regulated] facilities or hazardous substances located at such

facilities, the Division has the final authority to take such actions as

are necessary to carry out the provisions of NRS 459.380 to

459.3874, inclusive[.] , and section 1 of this act and any

regulations adopted pursuant thereto.

Sec. 11. NRS 459.3822 is hereby amended to read as follows:

459.3822 1. [Any] The owner or operator of a facility shall,

upon request, submit any records, reports or other information to

the Division that the Division deems necessary to administer and

enforce the provisions of NRS 459.380 to 459.3874, inclusive, and

section 1 of this act and any regulations adopted pursuant thereto.

2. Except as otherwise provided in this section, any records,

reports or other information obtained pursuant to NRS 459.380 to

459.3874, inclusive, and section 1 of this act or any regulation

adopted pursuant thereto must be made available to the public for

inspection and copying. [If protection of a trade secret pursuant to

NRS 459.3846 requires a deletion, the deletion must be limited to

that information essential for compliance. In the event of deletion,

the Division shall substitute language generally describing what was

deleted, without revealing the trade secret, so that the information

contained in the record or report is comprehensible.

2.] 3. The Division shall protect the confidentiality of any

information obtained by the Division, including, without

limitation, any information obtained through an observation made

by the Division during a visit to a facility if:

(a) The owner or operator of the facility from which the

information was obtained or which was visited requests such

protection; and

(b) The information satisfies the conditions for protection as a

trade secret pursuant to subsection 4.

4. Information is entitled to protection as a trade secret under

this section only if:

(a) The information has not been disclosed to any other

person, other than a member of a local emergency planning

committee, an officer or employee of the United States or a state or

local government, an employee of such a person, or a person who

is bound by an agreement of confidentiality, and the owner or

operator of the facility has taken reasonable measures to protect

the confidentiality of the information and intends to continue to

take such measures;

(b) The information is not required to be disclosed, or

otherwise made available, to the public under any other federal or

state law;

harm to the competitive position of the owner or operator of the

facility; and

(d) The chemical identity of a substance, if that is the

information, is not readily discoverable through analysis of the

product containing it or scientific knowledge of how such a

product must be made.

5. The State Environmental Commission shall adopt

regulations for the protection of the confidentiality of information

entitled to protection as a trade secret pursuant to this section.

6. The person requesting the copy or copies of the public

records, shall tender or pay to the Division such fee as may be

prescribed for the service of copying.

Sec. 12. NRS 459.3824 is hereby amended to read as follows:

459.3824 1. The owner or operator 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 or operator 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[.] , and section 1 of this act and any

regulations adopted pursuant thereto. 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 or operator 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 State Environmental Commission may modify the

amount of the annual fee required pursuant to this section and the

timing for payment of the annual fee:

(a) To include consideration of any fee paid to the Division for

a permit to construct a new process or commence operation of a

new process pursuant to NRS 459.3829; and

(b) If any regulations adopted pursuant to NRS 459.380 to

459.3874, inclusive, and section 1 of this act require such a

modification.

5. The owner or operator 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.] 6. All fees [collected pursuant to this section and] fines,

penalties and other money collected pursuant to NRS [459.3833,

459.3834 and 459.3874, and any interest earned thereon,] 459.380

to 459.3874, inclusive, and section 1 of this act and any

regulations adopted pursuant thereto, other than a fine collected

pursuant to subsection 3 of NRS 459.3834, 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. 13. 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 that

will be subject to regulation pursuant to NRS 459.380 to 459.3874,

inclusive, and section 1 of this act or any regulation adopted

pursuant thereto, unless he first obtains all appropriate permits

from the Division to construct the new process [or] and commence

operation of the new process . [, or both.] Before issuing any such

permits, the Division of Environmental Protection 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] of

Environmental Protection.

3. The State Environmental Commission shall adopt

regulations establishing the requirements for the issuance of a

permit pursuant to this section. An applicant shall comply with

requirements that [it] the State Environmental Commission

establishes by regulation for the issuance of a permit before

[issuing any permits] the applicant may receive a permit from the

Division for the 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. 14. NRS 459.3832 is hereby amended to read as follows:

459.3832 1. [All forms for registration, reports on safety and

reports on the assessment of risk through analysis of hazards must

contain a certification in one of the following two forms:

(a) “I certify under penalty of law that the information provided

in this document is true, accurate and complete. I am aware that

there are significant civil and criminal penalties for submitting false,

inaccurate or incomplete information, including fines or

imprisonment, or both.”

(b) “I certify under penalty of law that I have personally

examined and am familiar with the information submitted in this

document and all attached documents and that based on my inquiry

of the natural persons immediately responsible for obtaining the

information, I believe that the submitted information is true,

accurate and complete. I am aware that there are significant civil

and criminal penalties for submitting false information, including

the possibility of fines or imprisonment, or both.”

2.] The State Environmental Commission shall adopt

regulations setting forth:

(a) The records, reports and information submitted to the

Division which must contain a certification; and

(b) The requirements of such certifications.

2. Each certification must be signed by the sole proprietor of

the facility, the highest ranking corporate officer or partner at the

facility, the manager of the facility, or a person designated by any

one of those persons to sign the certification.

Sec. 15. NRS 459.3833 is hereby amended to read as follows:

459.3833 1. The State Department of Conservation and

Natural Resources may, in accordance with the authority granted to

it pursuant to NRS 445B.205, apply for and accept any delegation of

authority and any grant of money from the Federal Government for

the purpose of establishing and carrying out a program to prevent

and minimize the consequences of the accidental release of

hazardous substances in accordance with the provisions of 42

U.S.C. § 7412(r).

2. The State Environmental Commission may [adopt such

regulations as it determines are] adopt regulations necessary to

establish and carry out such a program. [The regulations must:

(a) Establish a list of hazardous substances and the quantities

thereof that will be regulated pursuant to the program.

(b) Provide that the provisions of NRS 459.3824, 459.3826 and

459.3828 apply to all facilities regulated pursuant to the program.

provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition

to any penalty that may apply pursuant to NRS 459.3834, subject to

a civil administrative penalty not to exceed $10,000 per day of the

violation, and that each day on which the violation continues

constitutes a separate and distinct violation. Any penalty imposed

pursuant to this paragraph may be recovered with costs in a

summary proceeding by the Attorney General.

3. The Division:

(a) Shall carry out and enforce the provisions of the program.

(b) May enter into cooperative agreements with other agencies

of this state for the enforcement of specific provisions of the

program.

4. The Division may compromise and settle any claim for any

penalty under this section in such amount in the discretion of the

Division as may appear appropriate and equitable under all of

the circumstances, including the posting of a performance bond by

the violator. If a violator is subject to the imposition of more than

one civil administrative penalty for the same violation, the Division

shall compromise and settle the claim for the penalty under this

section in such amount as to avoid the duplication of penalties.

5. If a person violates any regulation adopted pursuant to

subsection 2, or the provisions of NRS 459.3824, 459.3826 or

459.3828, the Division may institute a civil action in a court of

competent jurisdiction for injunctive or any other appropriate relief

to prohibit and prevent the violation and the court may proceed in

the action in a summary manner.]

Sec. 16. NRS 459.3834 is hereby amended to read as follows:

459.3834 1. A person [subject to the regulations adopted by

the State Environmental Commission pursuant to NRS 459.3833]

shall not knowingly:

(a) Violate any [such regulation or the provisions of NRS

459.3824, 459.3826 or 459.3828;] provision of NRS 459.380 to

459.3874, inclusive, and section 1 of this act or any regulation

adopted pursuant thereto;

(b) Make any false material statement, representation or

certification in any required form, notice or report; or

method.

2. [A] Except as otherwise provided in subsection 3, a person

who violates subsection 1 shall be punished by a fine of not more

than [$10,000] $25,000 per day of the violation, and each day on

which the violation continues constitutes a separate and distinct

violation.

3. A person who violates subsection 1 in a manner that

contributes to the substantial bodily harm or death of any person

is guilty of a category D felony and shall be punished as provided

in NRS 193.130, or by a fine of not more than $50,000 for each

day of the violation, or by both fine and the punishment provided

in NRS 193.130.

Sec. 17. NRS 459.3866 is hereby amended to read as follows:

459.3866 1. After giving reasonable notice to the facility it

oversees and after making arrangements to ensure that the normal

operations of the facility will not be disrupted, a committee is

entitled to receive from the facility such records and documents as

the committee demonstrates are required to carry out its duties. The

committee is entitled to receive only those records and documents

which cannot be obtained from the Division.

2. A committee is entitled to receive from any governmental

entity or agency records, documents and other materials relevant to

the committee’s review and evaluation of the facility to carry out its

duties.

3. In carrying out its duties a committee and the Attorney

General may, by subpoena, require the attendance and testimony of

witnesses and the production of reports, papers, documents and

other evidence which they deem necessary. Before obtaining such a

subpoena, the committee or the Attorney General shall request the

attendance of the witness or the production of the reports, papers,

documents or other evidence. If the person to whom the request is

made fails or refuses to attend or produce the reports, documents or

other evidence, the committee and the Attorney General may obtain

the subpoena requiring him to do so.

4. In carrying out its duties, a committee may make informal

inquiry of persons or entities with knowledge relevant to the

committee’s review and evaluation of the facility it oversees. Any

committee which makes such informal inquiries shall advise the

facility of those inquiries and of the results of the inquiries.

5. If the owner or operator of a facility claims that the

disclosure of information to a committee will reveal a trade secret or

confidential information, the owner or operator must specifically

identify such information as confidential. When such an

identification has been made, the [provisions of NRS 459.3846

apply.] committee shall protect the confidentiality of the trade

secret or information if the trade secret or information would be

entitled to protection pursuant to NRS 459.3822.

6. A committee or its authorized representative may, to carry

out its duties , enter and inspect the facility overseen, its records and

other relevant materials. Before such an inspection is made, the

committee shall provide reasonable notice to the facility. The

inspection must be conducted in such a manner as to ensure that the

operations of the facility will not be disrupted.

7. The Attorney General is counsel and attorney to each

committee for the purposes of carrying out its duties and powers.

8. The members of a committee may make public comment

with regard to their review and evaluation of the facility it oversees.

At least 24 hours before making any formal comment, the

committee shall advise the facility of its intention to do so and

provide the facility with a summary of the comments that will be

made.

9. A committee may review and make recommendations to the

reviewing authority as to any applications for permits to construct,

substantially alter or operate submitted by a facility which has been

the subject of the committee’s review and evaluation.

Sec. 18. NRS 459.387 is hereby amended to read as follows:

459.387 1. The Division may enter any facility:

(a) During normal business hours; and

(b) At any other time if there is probable cause to believe that a

violation of any of the provisions of NRS 459.380 to 459.3874,

inclusive, and section 1 of this act or any regulation adopted

pursuant thereto, has occurred,

to verify compliance with the provisions of NRS 459.380 to

459.3874, inclusive, and section 1 of this act, any regulation

adopted pursuant thereto and the quality of all work performed

pursuant to those sections , except that the owner or operator of a

facility need not employ any personnel solely to assure access to the

facility by the Division when this access would otherwise be

impossible.

2. [The Division shall develop, adopt by regulation and enforce

a system of recordkeeping. The system must:

(a) Require the owner or operator of each facility registered

pursuant to NRS 459.3828 to report to the Division on all efforts to

assess and reduce risks undertaken, all continuing maintenance, all

unanticipated and unusual events, and any other information the

Division finds appropriate; and

(b) Be so designed as to prevent the destruction or alteration of

information and data contained in those records.

3. Within 30 days after each anniversary of the date on which

the plan to reduce accidents was first put into effect, the owner or

operator of a regulated facility shall file an annual report of

compliance with the Division. This annual report must include a

report of progress describing in detail all actions taken to comply

with the schedule of abatement set forth in the plan, including

itemization of abatements accomplished and steps taken to

accomplish abatements in accordance with the schedule. The annual

report of compliance must be signed and certified as a report on

safety and must be in a form and be accompanied by documentation

showing compliance in accordance with the regulations of the

Division.

4. Within 30 days after receiving the annual report of

compliance, the Division shall conduct at the facility a confirmation

and evaluation of the accuracy of the report and independent

determination of the status of compliance with the schedule of

abatement. The Division’s findings must be reduced to writing and

made available to the public within 60 days after the date of filing of

the report.]The State Environmental Commission shall adopt

regulations establishing requirements for:

(a) The inspection of a facility; and

(b) The report of a record of inspection.

3. If the Administrator of the Division finds that any person is

engaging, is about to engage or has engaged in an act or practice

that violates any provision of NRS 459.380 to 459.3874, inclusive,

and section 1 of this act, any regulation adopted pursuant thereto,

or any term or condition of a permit issued by the Division

pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of

this act, the Administrator may issue an order:

(a) Specifying the provision, regulation, term or condition that

is alleged to have been violated or which is about to be violated;

(b) Setting forth the facts alleged to constitute the violation;

reasonable time within which that action must be taken; and

(d) Requiring the person to whom the order is directed to

appear before the Administrator or a hearing officer to show

cause why the Division should not commence an action for

appropriate relief.

4. If the Administrator finds that the handling of a highly

hazardous substance or explosive at a facility presents an

imminent and substantial threat to human health or the

environment, the Administrator may, after the Division has

inspected the site and after the Administrator has had a

consultation with the owner or operator of the facility and the

owner or operator fails to correct the threat, issue an order

requiring the owner or operator of the facility to take necessary

steps to prevent the act or eliminate the practice that constitutes

the threat.

Sec. 19. NRS 459.3872 is hereby amended to read as follows:

459.3872 1. If any person violates any of the provisions of

NRS 459.380 to [459.386,] 459.3834, inclusive, and section 1 of

this act, or 459.387, or any regulation or order adopted or issued

pursuant thereto, the Division may institute a civil action in a court

of competent jurisdiction for injunctive or any other appropriate

relief to prohibit and prevent the violation and the court may

proceed in the action in a summary manner.

2. Except as otherwise provided in NRS 445C.010 to

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

459.380 to [459.396,] 459.3834, inclusive, and section 1 of this act,

or 459.387, or any regulation or order adopted pursuant thereto , is

liable to a civil administrative penalty as set forth in NRS 459.3874.

If the violation is of a continuing nature, each day during which it

continues constitutes an additional, separate and distinct offense. No

civil administrative penalty may be levied until after notification to

the violator by certified mail or personal service. The notice must

include a reference to the section of the statute, regulation, order or

condition of a permit violated, a concise statement of the facts

alleged to constitute the violation, a statement of the amount of the

civil penalties to be imposed[,] and a statement of the violator’s

right to a hearing. The violator has 20 days after receipt of the notice

within which to deliver to the Division a written request for a

hearing. After the hearing if requested, and upon a finding that a

violation has occurred, the Administrator of the Division may issue

a final order [after assessing] and assess the amount of the fine .

[specified in the notice.] If no hearing is requested, the notice

becomes a final order upon the expiration of the 20-day period.

Payment of the penalty is due when a final order is issued or when

the notice becomes a final order. The authority to levy a civil

administrative penalty is in addition to all other provisions for

enforcement of NRS 459.380 to 459.387, inclusive, and section 1 of

this act, and the payment of a civil administrative penalty does not

affect the availability of any other provision for enforcement in

connection with the violation for which the penalty is levied.

Sec. 20. NRS 459.3874 is hereby amended to read as follows:

459.3874 1. The civil administrative penalties are:

Category of OffensePenalty in U.S. Dollars

A. Failure to register a new

or existing [regulated] facility:$25,000 plus $2,000 per day

from the due date

B. Failure to pay the fee

required pursuant to NRS

459.3824: 75 percent of the

fee

C. [Failure to submit a

safety report:.......... $10,000 plus $1,000 per day

from the due date

D. Failure to conduct an

assessment of risk through

analysis of hazards pursuant to

the conditions set forth in NRS

459.3844:................................................ $25,000

E. Failure to put into effect

plan:$50,000

F. Failure to comply with

plan to reduce accidents and

schedule of compliance:.................. up to $5,000

G. Failure to comply with

approved plan to reduce

accidents, each requirement:......... up to $10,000

H.] Failure to provide

information requested by the

Division:.................................................. $25,000

[I.] D. Failure to grant

access to employees or agents of

the Division for inspections:.................. $25,000

[J.] E. Failure to provide

information or grant access to

employees or agents of the

Division during an emergency:.............. $50,000

[K.] F. Falsification of

information submitted to the

Division: ................... up to $10,000 per incident

[L.] G. Failure to obtain a

permit for the construction of a

new [regulated] facility:......................... $25,000

H. Failure to comply with a

regulation adopted pursuant to

NRS 459.380 to 459.3874,

inclusive, and section 1 of this

act, other than a regulation for

which a civil administrative

penalty is set forth in category A

to G, inclusive:................ .$10,000 per incident

The civil administrative penalty prescribed in category H may be

assessed for each regulatory provision that is violated. The civil

administrative penalty prescribed in category [L] G may be assessed

against a contractor who is constructing the [regulated] facility only

if the contractor is contractually responsible for obtaining all

appropriate permits for the construction of the [regulated] facility

and the contractor knows or has reason to know the planned use of

the [regulated] facility.

2. The Division may compromise and settle any claim for any

penalty as set forth in this section in such amount in the discretion of

the Division as may appear appropriate and equitable under all

of the circumstances, including the posting of a performance bond

by the violator. If a violator is subject to the imposition of more than

one civil administrative penalty for the same violation, the Division

shall compromise and settle the claim for the penalty as set forth in

this section in such amount as to avoid the duplication of penalties.

3. No penalty may be imposed pursuant to this section for the

failure to perform a required act within the time required if the delay

was caused by a natural disaster or other circumstances which are

beyond the control of the violator.

4. Any person who violates any of the provisions of NRS

459.380 to [459.386,] 459.3834, inclusive, and section 1 of this act,

or 459.387, or any regulation or order adopted or issued pursuant

thereto, or an administrative order issued pursuant to subsection 2 of

NRS 459.3872 or a court order issued pursuant to subsection 1 of

NRS 459.3872, or who fails to pay a civil administrative penalty in

full is subject, upon order of the court, to a civil penalty not to

exceed $10,000 per day of the violation, and each day’s continuance

of the violation constitutes a separate and distinct violation. Any

penalty imposed pursuant to this subsection may be recovered with

costs in a summary proceeding by the Attorney General.

Sec. 21. NRS 278.147 is hereby amended to read as follows:

278.147 1. No person may commence operation in this state

of a facility where an explosive, [or] a highly hazardous substance

[listed in NRS 459.3816, the regulations adopted pursuant thereto]

designated pursuant to NRS 459.3816 if present in a quantity

equal to or greater than the amount designated pursuant to NRS

459.3816, or a hazardous substance listed in the regulations

adopted pursuant to NRS 459.3833[,] will be used, manufactured,

processed, transferred or stored without first obtaining a conditional

use permit therefor from the governing body of the city or county in

which the facility is to be located. Each governing body shall

establish by local ordinance, in accordance with the provisions of

this section, the procedures for obtaining such a permit.

2. An application for a conditional use permit must be filed

with the planning commission of the city, county or region in which

the facility is to be located. The planning commission shall, within

90 days after the filing of an application, hold a public hearing to

consider the application. The planning commission shall, at least 30

days before the date of the hearing, cause notice of the time, date,

place and purpose of the hearing to be:

(a) Sent by mail [to] or, if requested by a party to whom notice

must be provided pursuant to this paragraph, by electronic means if

receipt of such an electronic notice can be verified, to:

(1) The applicant;

(2) Each owner or tenant of real property located within

1,000 feet of the property in question;

(3) The owner, as listed on the county assessor’s records, of

each of the 30 separately owned parcels nearest the property in

question, to the extent this notice does not duplicate the notice given

pursuant to subparagraph (2);

(4) If a mobile home park or multiple-unit residence is

located within 1,000 feet of the property in question, each tenant of

that mobile home park or multiple-unit residence;

(5) Any advisory board that has been established for the

affected area by the governing body;

(6) The Administrator of the Division of Environmental

Protection of the State Department of Conservation and Natural

Resources;

(7) The State Fire Marshal; and

(8) The Administrator of the Division of Industrial Relations

of the Department of Business and Industry; and

(b) Published in a newspaper of general circulation within the

city or county in which the property in question is located.

3. The notice required by subsection 2 must:

(a) Be written in language that is easy to understand; and

(b) Include a physical description or map of the property in

question and a description of all explosives, and all substances

described in subsection 1, that will be located at the facility.

4. In considering the application, the planning commission

shall:

(a) Consult with:

(1) Local emergency planning committees;

(2) The Administrator of the Division of Environmental

Protection of the State Department of Conservation and Natural

Resources;

(3) The State Fire Marshal;

(4) The Administrator of the Division of Industrial Relations

of the Department of Business and Industry; and

(5) The governing body of any other city or county that may

be affected by the operation of the facility; and

(b) Consider fully the effect the facility will have on the health

and safety of the residents of the city, county or region.

5. The planning commission shall, within a reasonable time

after the public hearing, submit to the governing body its

recommendations for any actions to be taken on the application. If

the planning commission recommends that a conditional use permit

be granted to the applicant, [it] the planning commission shall

include in its recommendations such terms and conditions for the

operation of the facility as it deems necessary for the protection of

the health and safety of the residents of the city, county or region.

6. The governing body shall, within 30 days after the receipt of

the recommendations of the planning commission, hold a public

hearing to consider the application. The governing body shall:

(a) Cause notice of the hearing to be given in the manner

prescribed by subsection 2; and

(b) Grant or deny the conditional use permit within 30 days after

the public hearing.

7. Notwithstanding any provision of this section to the

contrary, the provisions of this section do not apply to the mining

industry.

8. [Except as otherwise provided in subsection 9, as] As used

in this section, “explosive” [means gunpowders, powders used for

blasting, all forms of high explosives, blasting materials, fuses other

than electric circuit breakers, detonators and other detonating

agents, smokeless powders, other explosive or incendiary devices

and any chemical compound, mechanical mixture or device that

contains any oxidizing or combustible units, or other ingredients, in

such proportions, quantities or packing that ignition by fire, friction,

concussion, percussion or detonation of the compound, mixture,

device or any part thereof may cause an explosion.

9. For the purposes of this section, an explosive does not

include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that

do not exceed 50 pounds, percussion caps, safety and pyrotechnic

fuses, quills, quick and slow matches, and friction primers that are

intended to be used solely for sporting, recreation or cultural

purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C.

§ 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the

definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),

as that section existed on January 1, 1999; or

military department of the United States, or that is distributed to, or

possessed or stored by, the military or naval service or any other

agency of the United States, or an arsenal, a navy yard, a depot or

any other establishment owned by or operated on behalf of the

United States.] means a material subject to regulation as an

explosive pursuant to NRS 459.3816.

Sec. 22. NRS 459.3804, 459.3807, 459.3808, 459.3812,

459.3826, 459.3828, 459.383, 459.3836, 459.3837, 459.384,

459.3842, 459.3844, 459.3846, 459.3848, 459.385, 459.3852,

459.3854, 459.3856, 459.3858 and 459.386 are hereby repealed.

Sec. 23. Any regulations adopted by the Division of

Environmental Protection of the State Department of Conservation

and Natural Resources pursuant to a provision of NRS which was

amended or repealed by this act remain in force until amended by

the State Environmental Commission and such regulations may be

enforced by the Division.

Sec. 24. Notwithstanding the amendatory provisions of section

7 of this act, any administrative regulations adopted pursuant to

NRS 459.3816 on or before October 1, 2003, remain in effect unless

later amended or repealed.

Sec. 25. 1. This section and section 23 of this act become

effective upon passage and approval.

2. Sections 1 to 22, inclusive, and 24 of this act become

effective upon passage and approval for the purpose of adopting

regulations and on October 1, 2003, for all other purposes.

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