MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-second Session

May 5, 2003

 

 

The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:42 p.m., on Monday, May 5, 2003, in Room 2144 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

COMMITTEE MEMBERS PRESENT:

 

Senator Dean A. Rhoads, Chairman

Senator Mike McGinness, Vice Chairman

Senator Raymond C. Shaffer

Senator Mark Amodei

Senator Bob Coffin

Senator Michael Schneider

Senator Maggie Carlton

 

STAFF MEMBERS PRESENT:

 

Fred Welden, Committee Policy Analyst

Lynn Hendricks, Committee Secretary

 

OTHERS PRESENT:

 

Christopher J. Mason, Ph.D., Section Chief, Registration and Laboratory Services, State Department of Agriculture

Hugh Ricci, P.E., State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources

Robert Crowell, Lobbyist, Nevada Well Owners Association

Terry Graves, Lobbyist, The Landwell Company

 

Chairman Rhoads:

We will open the work session on Assembly Bill (A.B.) 36.

 

ASSEMBLY BILL 36 (1st Reprint): Revises provisions relating to control of emissions from engines of certain motor vehicles. (BDR 40-196)

 

Fred Welden, Committee Policy Analyst:

The testimony on this bill was that there are getting to be more and more vehicles considered as sport-utility vehicles (SUV) above the 8500-pound limit that run on diesel and special fuels. This bill would pick them up just like SUVs under 8500 pounds.

 

Chairman Rhoads:

This bill will generate about $48,000 a year in revenue. It will require a two‑thirds majority vote on the Floor.

 

Senator Carlton:

This bill affects diesel and special fuel vehicles only. This is not a typical emissions control certificate; rather, it is an inspection certificate because of the special fuels. Is that correct?

 

Mr. Welden:

It is my understanding this would bring these vehicles into the regular emission inspection program. This is the same program for lighter weight vehicles.

 

Chairman Rhoads:

Before, anything over 8500 pounds was exempt from emissions control programs. Now the cutoff is 10,000 pounds.

 

Senator Carlton:

Other special fuels besides diesel are involved. How do you do emissions controls on these other fuels?

 

Mr. Welden:

Some fuels do not yet have a reliable test. This bill would allow the State Environmental Commission to pass regulations to do testing when tests are developed for these other fuels.

 

SENATOR MCGINNESS MOVED TO DO PASS A.B. 36.

 

SENATOR AMODEI SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR CARLTON ABSTAINED. SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

 

*****

 

Chairman Rhoads:

We will close the work session on A.B. 36 and open the work session on A.B. 91.

 

ASSEMBLY BILL 91 (1st Reprint): Revises provisions governing regulation of pesticides. (BDR 51-568)

 

Chairman Rhoads:

This bill allows the State Department of Agriculture to use brand names to describe pesticides rather than the chemical formula.

 

Senator McGinness:

Will we use both the brand and the chemical makeup? The same formula may be marketed under another brand, or one brand name can be given to two different formulas.

 

Christopher J. Mason, Ph.D., Section Chief, Registration and Laboratory Services, State Department of Agriculture:

The current statute was lifted from federal law and does not include a definition of “chemical formula.” The federal definition is much broader and could allow one formula with three or four different fertilizers in it. This is very difficult for us to analyze. I have never encountered products with different formulae and the same name.

 

Senator McGinness:

Will this bill cover different products with the same active ingredient but different names?

 

Dr. Mason:

Yes.

 

SENATOR MCGINNESS MOVED TO DO PASS A.B. 91.

 

SENATOR SCHNEIDER SECONDED THE MOTION.

 

THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

 

*****

 

Chairman Rhoads:

We will close the work session on A.B. 91 and open the work session on A.B. 213.

 

ASSEMBLY BILL 213 (1st Reprint): Makes various changes concerning domestic wells and temporary permits for appropriation of ground water. (BDR 47-654)

 

Chairman Rhoads:

This bill would remove the sunset provision originally set for 2005. No amendments have been received, and there was no testimony in opposition.

 

SENATOR SCHNEIDER MOVED TO DO PASS A.B. 213.

 

SENATOR MCGINNESS SECONDED THE MOTION.

 

Senator Carlton:

Section 5 allows the state engineer to assess a monetary penalty. I have questions about this.

 

Hugh Ricci, P.E., State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources:

The current statute is unclear as to whether the state engineer may impose a fine. Elsewhere it describes violations of the statute as misdemeanors.

 

Senator Carlton:

If this bill conveys the right to impose fines, it should require a two-thirds vote on the Floor. I also have questions about well owners.

Mr. Welden:

Section 5 does not, as I understand it, give the state engineer the ability to levy fines. It directs him to do a study to determine if he has the power or not and come back to the Legislature with an answer.

 

Mr. Ricci:

Yes, that is correct. We plan to inform everyone in the Las Vegas area to which this applies that there is overuse of water on some permits.

 

Senator Carlton:

How many well users are currently exceeding their limits?

 

Mr. Ricci:

The only numbers I have at the moment are temporary permits. At this point, we think approximately 55 to 60 percent of the 1200 holders of temporary permits are exceeding their allocation by 25 percent. There are some who exceed their allocation by 50 or even 100 percent.

 

Senator Carlton:

You currently have no way to penalize them?

 

Mr. Ricci:

The only recourse we have at the moment is to file an order to show cause that they come before a district court judge and show why they should not be held in contempt for violation of the permit. We would have to do this approximately 700 or 800 times, once for each user.

 

Senator Carlton:

I am concerned that we have so many people not in compliance, yet we are repealing the sunset on this bill.

 

Robert Crowell, Lobbyist, Nevada Well Owners Association:

This bill does not change the structure except to move the financial assistance provision to the Southern Nevada Water Authority section of the law. It does not change the structure for revocation or repair of a well.

 

Mr. Ricci:

That is correct.

THE MOTION CARRIED. (SENATOR CARLTON AND SENATOR COFFIN VOTED NO. SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

 

*****

 

Chairman Rhoads:

We will close the work session on A.B. 213 and open the work session on A.B. 215.

 

ASSEMBLY BILL 215 (1st Reprint): Revises provisions governing conservation districts. (BDR 49-780)

 

Chairman Rhoads:

This bill allows the conservation districts to own property.

 

Mr. Welden:

A technical amendment proposed by Clark County to clarify how some of the money would move if there were payments in lieu (Exhibit C).

 

SENATOR MCGINNESS MOVED TO AMEND AND DO PASS A.B. 215.

 

SENATOR AMODEI SECONDED THE MOTION.

 

THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

 

*****

 

Chairman Rhoads:

We will close the work session on A.B. 215 and open the work session on A.B. 403.

 

ASSEMBLY BILL 403 (1st Reprint): Revises provisions governing forfeiture of certain water rights. (BDR 48-818)

 

Chairman Rhoads:

This bill adds prolonged drought to the list of things the state engineer may consider in deciding whether to grant an extension of forfeiture of water rights.

SENATOR MCGINNESS MOVED TO DO PASS A.B. 403.

 

SENATOR AMODEI SECONDED THE MOTION.

 

Senator Coffin:

Does the language include temporary forfeiture and reductions? Droughts are usually cyclical. Does the bill allow water rights to be regained when the drought passes, or are the forfeitures permanent?

 

Mr. Ricci:

What this bill does is allow the state engineer to consider drought conditions when someone files for an extension of time to prevent forfeiture. Forfeiture occurs after 5 years of nonuse.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads:

We will close the work session on A.B. 403 and open the work session on A.B. 485.

 

ASSEMBLY BILL 485 (2nd Reprint): Revises provisions relating to relief from liability for certain persons regarding certain real property at which hazardous substance has been or may have been released. (BDR 40-776)

 

Chairman Rhoads:

This bill revises Nevada’s existing statute regarding brownfields. There was no testimony in opposition, but we have an amendment from the Landwell Company (Exhibit D).

 

Mr. Welden:

I have not seen this amendment before. This is not the same wording as the amendment proposed by Senator Titus (Exhibit C).

 

Terry Graves, Lobbyist, The Landwell Company:

This amendment includes threshold limits for reporting. The Division of Environmental Protection and Senator Titus have agreed to this language.

 

SENATOR AMODEI MOVED TO AMEND AND DO PASS A.B. 485 WITH THE LANDWELL AMENDMENT.

 

SENATOR SCHNEIDER SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads:

There being no further business, the meeting is adjourned at 2:06 p.m.

 

RESPECTFULLY SUBMITTED:

 

 

 

                                                           

Lynn Hendricks,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                                                                                         

Senator Dean A. Rhoads, Chairman

 

 

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