MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-second Session

May 12, 2003

 

 

The Senate Committee on Natural Resources was called to order by Vice Chairman Mike McGinness, at 2:13 p.m., on Monday, May 12, 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 Mike McGinness, Vice Chairman

Senator Mark Amodei

Senator Bob Coffin

Senator Michael Schneider

Senator Maggie Carlton

 

COMMITTEE MEMBERS ABSENT:

 

Senator Dean A. Rhoads, Chairman (Excused)

Senator Raymond C. Shaffer (Excused)

 

GUEST LEGISLATORS PRESENT:

 

Assemblyman Thomas (Tom) J. Grady, Assembly District No. 38

Assemblyman John C. Carpenter, Assembly District No. 33

Assemblyman Roderick (Rod) R. Scherer, Assembly District No. 36

 

STAFF MEMBERS PRESENT:

 

Robert E. Erickson, Committee Policy Analyst

Lee-Ann Keever, Committee Secretary

 

 

OTHERS PRESENT:

 

Allen Biaggi, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources

Alex Haartz, Deputy Director, Health Division, Department of Human Resources

Leo Drozdoff, Chief, Bureau of Water Pollution Control, Division of Environmental Protections, State Department of Conservation and Natural Resources

Steve K. Walker, Lobbyist, Truckee Meadows Water Authority

Tracy Taylor, P.E., Deputy State Engineer, Division of Water Resources, Department of Conservation and Natural Resources

 

Vice Chairman McGinness opened the hearing on Assembly Bill (A.B.) 473.

 

ASSEMBLY BILL 473 (1st Reprint): Transfers authority to administer certain accounts that provide financial assistance to public water systems from Health Division of Department of Human Resources to Division of Environmental Protection of State Department of Conservation and Natural Resources. (BDR 40-1252)

 

Allen Biaggi, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources, read from prepared text (Exhibit C).

 

Senator Coffin asked whether Mr. Biaggi, or his staff, provided testimony on the transfer of staff for the Nevada Drinking Water State Revolving Fund Loan Program from the Health Division, Department of Human Resources to the Division of Environmental Protection, State Department of Conservation and Natural Resources.

 

Alex Haartz, Deputy Director, Health Division, Department of Human Resources, said the staff would report to Mr. Biaggi. The program supervising public water systems will remain within the Health Division, Department of Human Resources. Mr. Haartz’ office is working with the U.S. Environmental Protection Agency (USEPA) to facilitate the transfer of the supervision of the public water systems to the Division of Environmental Protection, State Department of Conservation and Natural Resources. It is anticipated the transfer would take place within the next biennium. Mr. Haartz presented the committee members with his written testimony (Exhibit D).

 

Senator Coffin asked Mr. Haartz whether the USEPA had been asked if that agency thought A.B. 473 was a good idea. Leo Drozdoff, Chief, Bureau of Water Pollution Control, Division of Environmental Protections, State Department of Conservation and Natural Resources, answered the question. He said he believed the USEPA had been interested in combining the programs mentioned in the bill. Under the Bush administration, the USEPA generated a new strategic plan for both the USEPA and the states which have delegation of primacy. The USEPA had made clear that water was water. Mr. Drozdoff said he believed the USEPA’s stand had to do with the limited supply of water. The Clean Water Act’s focus will be protecting rivers and streams from discharges. The same rivers and streams provide drinking water throughout the country.

 

Senator Coffin said Mr. Drozdoff’s answer puzzled him. He said Mr. Drozdoff indicated Christine Todd Whitman is the administrator of the USEPA under the Bush administration. Senator Coffin stated Ms. Whitman had been at odds with the Bush administration. Senator Coffin asked whether the Bush administration had goals or had been pressured to make the changes suggested by Mr. Drozdoff.

 

Mr. Drozdoff said he was not aware of pressures or changes. He added the position was recognition that a river could be both regulated under the Clean Water Act and provide drinking water under the Safe Drinking Water Act. The discharge into rivers would have to be effectively managed.

 

Senator Coffin asked whether the USEPA was introducing model legislation for the states. Mr. Drozdoff said he did not believe it was model legislation. He went on to say the majority of states enacted both Clean Water and Safe Drinking Water Acts. The states used a variety of approaches when administering the programs. Some states combined the two programs, while other states distributed the programs between numerous state agencies. Mr. Drozdoff said it was often difficult to combine the programs once they were separated by a state. The difficulty was due to the large bureaucracies many states had in place. Mr. Drozdoff said Nevada was fortunate that it was not a large bureaucracy.

 

Steve K. Walker, Lobbyist, Truckee Meadows Water Authority, said he fully supported the bill. Mr. Walker stated he was neutral on the amendment to the bill.

Vice Chairman McGinness said A.B. 473 had a proposed amendment (Exhibit E) prepared by Assemblymen Sherer, Goicoechea, and Grady.

 

Vice Chairman McGinness and Mr. Biaggi discussed the amendment. Mr. Biaggi had no objections to the proposed amendment.

 

Vice Chairman McGinness said he and Assemblymen Sherer, Goicoechea, and Grady represented Churchill County. They were concerned about the level of arsenic found in the drinking water in Churchill County. The City of Fallon is now constructing a water treatment plant at a cost of $26 million. There was concern about the drinking water in Nevada’s schools.

 

Vice Chairman McGinness said he and Assemblymen Sherer, Goicoechea, and Grady represented 11 of Nevada’s 17 counties. The amendment proposed a fund to provide an alternative source of safe drinking to any public school in Nevada served by a public water system. Certain conditions had to be met: the majority of a school district’s elected trustees had to approve a resolution requesting State assistance; the local water system contains arsenic or other carcinogens at levels higher than standards for safe drinking water; and the school can demonstrate financial need for the current budget or operating year. The school’s administrator would have to consult with the State health officer in order to request the funding. A school district’s requests would have to be deemed legitimate. The money in the fund could only be used to provide water and was not to be used for administrative purposes.

 

Assemblyman Thomas (Tom) J. Grady, Assembly District No. 38, thanked Mr. Biaggi for allowing the amendment to proceed. He said he fully supported the proposed amendment to A.B. 473, as did Assemblyman Sherer and Assemblyman Goicoechea. All 58 municipalities in Nevada would benefit from both the bill and its amendments.

 

Assemblyman Roderick (Rod) R. Scherer, Assembly District No. 36, said by 2006, the arsenic level in Nevada wells was supposed to be below 10 parts per billion. Many of Nevada’s wells currently exceeded that level and Nevada needed to take a hard look at the minerals contained in the drinking water. Assemblyman Sherer said he supported the amendment.

 

Senator Coffin said every Nevada school district would be eligible for the funds provided in the amendment. He asked for the amendment’s funding source. Vice Chairman McGinness said the amendment would be funded by the State General Fund, and grants or gifts from private sources.

 

Senator Coffin referred to section 8, subsection 1, paragraph (b) and asked whether the term “carcinogens” limited the bill’s effectiveness. Senator Coffin noted some metals might not be considered a carcinogen but could still contaminate drinking water. As an example, Senator Coffin cited tungsten. Vice Chairman McGinness said tungsten had been found in the bodies of Fallon residents, but he did not think it had been found in Fallon’s drinking water.

 

Mr. Biaggi said Senator Coffin’s question was perceptive as not all substances with maximum contamination levels were considered a carcinogen. Mr. Biaggi suggested a technical change to the amendment. The word “carcinogen” should be changed to “substances.”

 

Mr. Biaggi addressed tungsten contamination and said the federal government had not established a maximum contamination level for tungsten. This meant tungsten would not be covered by the amendment as currently written.

 

Vice Chairman McGinness asked whether changing the word to “substance” would cover any substances deemed dangerous by the federal government in the future. Mr. Biaggi replied, “That’s correct.” Vice Chairman McGinness told Senator Coffin he raised a good point on the amendment’s wording.

 

Vice Chairman McGinness said the committee members would not be voting on any measures heard at the May 12, 2003, meeting.  The reason for that being, the committee members and other interested parties needed to review the proposed amendment before voting on it.

 

Vice Chairman McGinness closed the hearing on A.B. 473 and opened the hearing on A.B. 488.

 

ASSEMBLY BILL 488 (1st Reprint): Makes various changes concerning ditches. (BDR 48-1293)

 

Assemblyman John C. Carpenter, Assembly District No. 33, said A.B. 488 was also known as the Lamoille ditch bill. He explained a ditch had been destroyed in Lamoille despite a law prohibiting such destruction. 

 

Assemblyman Carpenter wanted the State engineer involved in such situations and proposed A.B. 488.  Under the bill, the State engineer would investigate all instances of damage or vandalism to established irrigation ditches in Nevada. The State engineer would report his or her finding to either the person requesting the investigation or the appropriate law enforcement agency.

 

The bill also provided for notification of proposed ditch closure or modification by a subdivision developer. The developer would have to notify all persons using the ditches of the proposed closure or modification. Such notification would ensure the ditches’ continued use for irrigation purposes.  All notification costs would be borne by the developer.

 

Assemblyman Carpenter said when the bill had first been introduced, it had a fiscal note attached. However, the fiscal note had been amended out. The State engineer’s office supported the bill.

 

Tracy Taylor, P.E., Deputy State Engineer, Division of Water Resources, Department of Conservation and Natural Resources, said he supported A.B. 488 as written. He stated his office worked with Assemblyman Carpenter on the bill.

 

Assemblyman Carpenter said A.B. 488 was needed to prevent the ruination of Nevada’s irrigation ditches, especially in the rural areas. The irrigation districts were not part of the bill. He said he thought the irrigation districts already had the authority to prevent the destruction of irrigation ditches.

 

There being no further business, Vice Chairman McGinness adjourned the Senate Committee on Natural Resources at 2:24 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

                                                           

Lee-Ann Keever,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                                                                                         

Senator Mike McGinness, Vice Chairman

 

 

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