Senate Bill No. 536–Committee on Natural Resources
CHAPTER..........
AN ACT relating to the control of air pollution; requiring the creation, by cooperative agreement, of a separate entity to establish and administer a program for the control of air pollution in certain counties; setting forth the powers and duties of such an entity; 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. NRS 439.410 is hereby amended to read as follows:
439.410 Except as otherwise provided in NRS 445B.500 and section
4 of this act:
1. The district board of health has the powers, duties and authority of a
county board of health in the health district.
2. The district health department has jurisdiction over all public health
matters in the health district, except in matters concerning emergency
medical services pursuant to the provisions of chapter 450B of NRS in a
county whose population is less than 400,000.
3. In addition to any other powers, duties and authority conferred on a
district board of health by this section, the district board of health may , by
affirmative vote of a majority of all the members of the board , adopt
regulations consistent with law, which must take effect immediately on
their approval by the state board of health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the
public health;
(c) Provide for the sanitary protection of water and food supplies; and
(d) Protect and promote the public health generally in the geographical
area subject to the jurisdiction of the health district.
4. Before the adoption, amendment or repeal of a regulation, the
district board of health must give at least 30 days’ notice of its intended
action. The notice must:
(a) Include a statement of either the terms or substance of the proposal
or a description of the subjects and issues involved, and of the time when,
the place where, and the manner in which[,] interested persons may
present their views thereon.
(b) State each address at which the text of the proposal may be
inspected and copied.
(c) Be mailed to all persons who have requested in writing that they be
placed upon a mailing list, which must be kept by the district board for
such purpose.
5. All interested persons must be afforded a reasonable opportunity to
submit data, views or arguments, orally or in writing, on the intended
action to adopt, amend or repeal the regulation. With respect to substantive
regulations, the district board shall set a time and place for an oral public
hearing, but if no one appears who will be directly affected by the
proposal and requests an oral hearing, the district board may proceed
immediately to act upon any written submissions. The district board shall
consider fully all written and oral submissions respecting the proposal.
6. Each district board of health shall file a copy of all of its adopted
regulations with the county clerk of each county in which it has
jurisdiction.
Sec. 2. Chapter 445B of NRS is hereby amended by adding thereto
the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. In a county whose population is 400,000 or more, the
board of county commissioners of the county and the governing body of
each city in the county shall, acting jointly, enter into a cooperative
agreement pursuant to chapter 277 of NRS to create a separate legal
entity for the control of air pollution within the county.
2. The cooperative agreement described in subsection 1 must set
forth, without limitation:
(a) The organizational structure of the entity;
(b) The composition and membership of the board that will govern the
entity;
(c) The activities in which the entity will engage and the projects and
programs that the entity will carry out; and
(d) The procedure pursuant to which the entity will adopt ordinances
and resolutions.
Sec. 4. An entity that is created by a cooperative agreement pursuant
to section 3 of this act:
1. Must be governed by a board the membership of which:
(a) Is specified and selected as set forth in the cooperative agreement;
and
(b) Consists only of elected officials of the county and the cities that
entered into the cooperative agreement.
2. With respect to the control of air pollution within the county:
(a) Shall carry out and exercise the functions, powers and
responsibilities that would otherwise be carried out in the county by the
district board of health, county board of health or board of county
commissioners, as applicable, pursuant to subsection 1 of NRS
445B.500; and
(b) Has all the power and authority of the district board of health,
including, without limitation, the authority to administer and enforce:
(1) The provisions of NRS 445B.500 to 445B.540, inclusive; and
(2) The provisions of NRS 439.410 that relate to air quality.
3. Must be designated as:
(a) The air pollution control agency of the county for the purposes of
NRS 445B.100 to 445B.640, inclusive, and the Federal Act insofar as it
pertains to local programs;
(b) The local air pollution control board; and
(c) The local air pollution control authority.
4. May take all action necessary to secure for the county the benefits
of the Federal Act and any other law.
5. May adopt ordinances and resolutions in accordance with the
procedure described in paragraph (d) of subsection 2 of section 3 of this
act.
6. May issue revenue bonds pursuant to chapter 350 of NRS to
defray the cost of the activities, projects and programs described in
paragraph (c) of subsection 2 of section 3 of this act.
7. May take any other actions that the governing board of the entity
determines are necessary to preserve the quality of the air resources of
the county.
Sec. 5. NRS 445B.130 is hereby amended to read as follows:
445B.130 “Director” means the director of the department or his
designee or a person designated by or pursuant to a county or city
ordinance or regional or cooperative agreement or regulation to enforce
local air pollution control ordinances and regulations.
Sec. 6. NRS 445B.275 is hereby amended to read as follows:
445B.275 1. The governing body of any district, county , [or] city or
other entity authorized to operate an air pollution control program
pursuant to NRS 445B.100 to 445B.640, inclusive, may appoint an air
pollution control hearing board.
2. The air pollution control hearing board appointed by a county, city ,
[or] health district or other entity must consist of seven members who are
not employees of the state or any political subdivision of the state. One
member of the hearing board must be an attorney admitted to practice law
in Nevada, one member must be a professional engineer licensed in
Nevada and one member must be licensed in Nevada as a general
engineering contractor or a general building contractor as defined by NRS
624.215. Three members must be appointed for a term of 1 year, three
members must be appointed for a term of 2 years and one member must
be appointed for a term of 3 years. Each succeeding term must be for a
period of 3 years.
Sec. 7. NRS 445B.500 is hereby amended to read as follows:
445B.500 1. Except as otherwise provided in this section , [and in]
NRS 445B.310[:] and section 4 of this act:
(a) The district board of health, county board of health or board of
county commissioners in each county whose population is 100,000 or
more shall establish a program for the control of air pollution and
administer the program within its jurisdiction unless superseded.
(b) The program must:
(1) Include standards for the control of emissions, emergency
procedures and variance procedures established by ordinance or local
regulation which are equivalent to or stricter than those established by
statute or state regulation; and
(2) Provide for adequate administration, enforcement, financing and
staff.
(c) The district board of health, county board of health or board of
county commissioners is designated as the air pollution control agency of
the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and
the Federal Act insofar as it pertains to local programs, and that agency is
authorized to take all action necessary to secure for the county the benefits
of the Federal Act.
(d) Powers and responsibilities provided for in NRS 445B.210,
445B.240 to 445B.450, inclusive, 445B.560, 445B.570, 445B.580 and
445B.640 are binding upon and inure to the benefit of local air pollution
control authorities within their jurisdiction.
2. In a county whose population is 400,000 or more and in which a
separate entity for the control of air pollution within the county has been
created pursuant to section 3 of this act:
(a) That entity shall establish and administer the program for the
control of air pollution required pursuant to this section and shall carry
out and exercise all other functions, powers and responsibilities
pertaining to the control of air pollution within the county.
(b) The district board of health, county board of health or board of
county commissioners shall not, in their individual capacities, establish
and administer the program for the control of air pollution required
pursuant to this section or carry out or exercise any functions, powers or
responsibilities pertaining to the control of air pollution within the
county, except that this paragraph does not impair the authority of the
board of county commissioners with regard to land use that might
incidentally have an effect on air quality.
3. The local air pollution control board shall carry out all provisions of
NRS 445B.215 with the exception that notices of public hearings must be
given in any newspaper, qualified pursuant to the provisions of chapter
238 of NRS, once a week for 3 weeks. The notice must specify with
particularity the reasons for the proposed regulations and provide other
informative details. NRS 445B.215 does not apply to the adoption of
existing regulations upon transfer of authority as provided in NRS
445B.610.
[3.] 4. In a county whose population is 400,000 or more, the local air
pollution control board may delegate to an independent hearing officer or
hearing board its authority to determine violations and levy administrative
penalties for violations of the provisions of NRS 445B.100 to 445B.450,
inclusive, and 445B.500 to 445B.640, inclusive, and sections 3 and 4 of
this act, or any regulation adopted pursuant to those sections. If such a
delegation is made, 17.5 percent of any penalty collected must be
deposited in the county treasury in an account to be administered by the
local air pollution control board to a maximum of $17,500 per year. The
money in the account may only be used to defray the administrative
expenses incurred by the local air pollution control board in enforcing the
provisions of NRS 445B.100 to 445B.640, inclusive. The remainder of the
penalty must be deposited in the county school district fund of the county
where the violation occurred.
[4.] 5. Any county whose population is less than 100,000 or any city
may meet the requirements of this section for administration and
enforcement through cooperative or interlocal agreement with one or more
other counties, or through agreement with the state, or may establish its
own program for the control of air pollution. If the county establishes such
a program, it is subject to the approval of the commission.
[5.] 6. No district board of health, county board of health , [or] board
of county commissioners or entity created pursuant to section 3 of this
act may adopt any regulation or establish a compliance schedule, variance
order or other enforcement action relating to the control of emissions from
plants which generate electricity by using steam produced by the burning
of fossil fuel.
[6.] 7. For the purposes of this section, “plants which generate
electricity by using steam produced by the burning of fossil fuel” means
plants that burn fossil fuels in a boiler to produce steam for the production
of electricity. The term does not include any plant which uses technology
for a simple or combined cycle combustion turbine, regardless of whether
the plant includes duct burners.
Sec. 8. NRS 445B.505 is hereby amended to read as follows:
445B.505 Before a district board of health, county board of health or
board of county commissioners, pursuant to the authority granted to it by
NRS 445B.500, or an entity created pursuant to section 3 of this act,
pursuant to the authority granted to it by section 4 of this act, enacts an
ordinance or adopts a regulation establishing fuel standards for mobile
sources of air contaminants, the district board of health, county board of
health , [or] board of county commissioners or entity created pursuant to
section 3 of this act shall:
1. Determine the cost effectiveness of the proposed ordinance or
regulation by comparing it with other methods of controlling pollution.
2. Determine whether the proposed ordinance or regulation is
technologically feasible based on evidence presented to the district board
of health, county board of health , [or] board of county commissioners or
entity created pursuant to section 3 of this act relating to the availability,
effectiveness, reliability and safety of any proposed technology when it is
used for its proposed use.
3. Conduct public meetings to consult with public and private entities
that would be significantly affected by the proposed ordinance or
regulation.
Sec. 9. NRS 445B.595 is hereby amended to read as follows:
445B.595 1. Except as otherwise provided by subsection 2, all
governmental sources of air contaminants shall comply with all local and
state air pollution laws, regulations and ordinances.
2. A fire department, county fire protection district, fire protection
training academy or training center may, after obtaining a permit for a
specific site, set a fire at that site for training purposes so long as the site is
not within an area in which an air pollution episode or emergency
constituting, or likely to constitute, an imminent and substantial danger to
the health of persons exists. The permit must be obtained from:
(a) The [county] air pollution control agency[,] of the county, if one
has been designated pursuant to NRS 445B.500[;] or section 4 of this act;
or
(b) The director, if an agency has not been so designated.
3. All planning commissions, zoning boards of adjustment, and
governing bodies of unincorporated towns, incorporated cities and
counties shall , in the performance of their duties imposed by chapter 278
of NRS or other statutes relating to planning and zoning , consider the
effects of possible air pollution and shall submit to the department for
evaluation a concise statement of the effects on air quality by complex
sources.
Sec. 10. NRS 445B.770 is hereby amended to read as follows:
445B.770 1. In any county whose population is 100,000 or more, the
commission shall, in cooperation with the department of motor vehicles
and public safety and any local air pollution control [agency,] authority,
adopt regulations for the control of emissions from motor vehicles in areas
of the county designated by the commission.
2. In any county whose population is less than 100,000, if the
commission determines that it is feasible and practicable to carry out a
program of inspecting and testing motor vehicles and systems for the
control of emissions from motor vehicles, and if carrying out the program
is deemed necessary to achieve or maintain the prescribed standards for
the quality of ambient air in areas of the state designated by the
commission, the commission shall, in cooperation with the department of
motor vehicles and public safety and any local air pollution control agency
established [under] pursuant to NRS 445B.500 which has jurisdiction in a
designated area, adopt regulations and transportation controls as may be
necessary to carry out the program.
3. The regulations [shall] must distinguish between light-duty and
heavy-duty motor vehicles and may prescribe:
(a) Appropriate criteria and procedures for the approval, installation and
use of devices for the control of emissions from motor vehicles; and
(b) Requirements for the proper maintenance of such devices and motor
vehicles.
4. The regulations [shall] must establish:
(a) Requirements by which the department of motor vehicles and public
safety shall license authorized stations to inspect, repair, adjust and install
devices for the control of emissions for motor vehicles, including criteria
by which any person may become qualified to inspect, repair, adjust and
install those devices.
(b) Requirements by which the department of motor vehicles and public
safety may license an owner or lessee of a fleet of three or more vehicles
as a fleet station if the owner or lessee complies with the regulations of the
commission. The fleet station shall only certify vehicles which constitute
that fleet.
(c) Requirements by which the department provides for inspections of
motor vehicles owned by this state and any of its political subdivisions.
5. The commission shall consider, before adopting any regulation or
establishing any criteria pursuant to paragraph (a) of subsection 3:
(a) The availability of devices adaptable to specific makes, models and
years of motor vehicles.
(b) The effectiveness of those devices for reducing the emission of each
type of air pollutant under conditions in this state.
(c) The capability of those devices for reducing any particular type or
types of pollutants without significantly increasing the emission of any
other type or types of pollutant.
(d) The capacity of any manufacturer to produce and distribute the
particular device in such quantities and at such times as will meet the
estimated needs in Nevada.
(e) The reasonableness of the retail cost of the device and the cost of its
installation and maintenance over the life of the device and the motor
vehicle.
(f) The ease of determining whether any such installed device is
functioning properly.
Sec. 11. NRS 445C.060 is hereby amended to read as follows:
445C.060 “Regulatory agency” means:
1. The state environmental commission;
2. The state department of conservation and natural resources or the
division of environmental protection of that department;
3. A district board of health acting as a solid waste management
authority pursuant to NRS 444.440 to 444.620, inclusive; or
4. A district board of health, county board of health , [or] board of
county commissioners [administering] or entity created pursuant to
section 3 of this act that administers a program for the control of air
pollution pursuant to [paragraph (a) of subsection 1 of] NRS 445B.500.
Sec. 12. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3, the
provisions of NRS 354.470 to 354.626, inclusive, apply to all local
governments. For the purpose of NRS 354.470 to 354.626, inclusive:
(a) “Local government” means every political subdivision or other
entity which has the right to levy or receive money from ad valorem or
other taxes or any mandatory assessments, and includes, without
limitation, counties, cities, towns, boards, school districts and other
districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541,
543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, an entity
created pursuant to section 3 of this act, and any agency or department of
a county or city which prepares a budget separate from that of the parent
political subdivision.
(b) “Local government” does not include the Nevada rural housing
authority.
2. An irrigation district organized pursuant to chapter 539 of NRS shall
fix rates and levy assessments as provided in NRS 539.667 to 539.683,
inclusive. The levy of such assessments and the posting and publication of
claims and annual financial statements as required by chapter 539 of NRS
shall be deemed compliance with the budgeting, filing and publication
requirements of NRS 354.470 to 354.626, inclusive, but any such
irrigation district which levies an ad valorem tax shall comply with the
filing and publication requirements of NRS 354.470 to 354.626, inclusive,
in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318
of NRS shall be deemed to have fulfilled the requirements of NRS
354.470 to 354.626, inclusive, for a year in which the district does not
issue bonds or levy an assessment if the district files with the department
of taxation a copy of all documents relating to its budget for that year
which the district submitted to the Rural [Electrification Administration]
Utilities Service of the United States Department of Agriculture.
Sec. 13. NRS 618.765 is hereby amended to read as follows:
618.765 1. Not later than 60 days after June 28, 1989, the division
shall adopt regulations establishing standards and procedures for the
licensure of each occupation which are at least as stringent as those
contained in the Model Contractor Accreditation Plan for States set out in
Appendix C of Subpart E of Part 763 of Title 40 of the Code of Federal
Regulations, as it existed on January 1, 1989. The regulations must include
standards for:
(a) Courses which provide initial training;
(b) Courses which provide a review of the initial training;
(c) Examinations;
(d) Qualifications;
(e) Renewal of licensure; and
(f) Revocation of licensure.
2. After consultation with the health division of the department of
human resources, the division of environmental protection of the state
department of conservation and natural resources and the county air
pollution control agencies designated pursuant to NRS 445B.500[,] or
section 4 of this act, the division shall adopt standards for:
(a) Projects for the control of asbestos;
(b) Specifying the amount of asbestos within a material which must be
present to qualify the material as a “material containing asbestos” for the
purposes of NRS 618.750 to 618.850, inclusive;
(c) Laboratories which analyze building materials for the presence of
asbestos;
(d) Laboratories which collect or analyze air samples for those projects;
and
(e) The assessment of the exposure of occupants of a building at the
completion of a project for the control of asbestos.
3. The division shall by regulation adopt a standard for the assessment
of the exposure of the occupants of a building to airborne asbestos. The
standard:
(a) Must be set according to a time-weighted average concentration of
asbestos fibers in the air, measured under normal occupancy conditions;
and
(b) Must be at least as stringent as the corresponding federal standard, if
one has been adopted.
4. The standard adopted pursuant to subsection 3 may be used:
(a) To assess the need to respond to the presence of asbestos in a
building; or
(b) To determine which buildings or structures are most in need of such
response.
The standard does not require the monitoring of the air of any building or
structure, or create a duty for the division to inspect any building or
structure, except in connection with the enforcement of this chapter.
Sec. 14. This act becomes effective upon passage and approval.
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