AB 50 — Revises provisions relating to the imposition of certain fees, civil penalties and administrative fines by the State Environmental Commission. (BDR 40-181)

REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§§ 3, 5) (Reprinted with amendments adopted on April 5, 2017) FIRST REPRINT A.B.

5050–Committee ASSEMBLYon BNatural ILLNResources, O.Agriculture, and Mining CHAPTER..........

50–COMMITTEE ON N ATURAL R ESOURCES , AGRICULTURE ,AND MINING (ON BEHALF OF THE D IVISION OFENVIRONMENTAL PROTECTION OF THE S TATE DEPARTMENT OF CONSERVATION AND N ATURAL R ESOURCES ) PREFILED N OVEMBER 17, 2016 ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Revises provisions relating to the imposition of certain fees, civil penalties and administrative fines by the State Environmental Commission.

(BDR 40-181) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Under existing law, the State Environmental Commission regulates community authorizes the Commission to establish fees for any services of the Commission necessary to carry out these provisions relating to community and public water systems.

(NRS 445A.800-445A.955) Section 3 of this bill authorizes carry out these provisions relating to community and public water systems.ary to Under existing law, a person who owns, controls or operates a public water system is liable for a civil penalty and may be subject to an administrative fine per daymaximum civil penalty from $5,000 to $25,000 for certaineach violations.day of the violation ande increases the maximum administrative fine from $2,500 to $5,000 which may be imposed upon such a person by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

(NRS 445A.950) Section 4 of this bill increases the - *AB50_R1* – 2 – maximum civil penalty from $5,000 to $25,000 for each day of the violation and increases the maximum administrative fine from $2,500 to $5,000 which may be State Department of Conservation and Natural Resources.ntal Protection of the Existing law requires a person who proposes to subdivide land for development to submit a tentative and a final map to the Division of Environmental Protection for review concerning sewage disposal, water pollution, water quality and water supply facilities.

(NRS 278.335, 278.377) Section 5 of this bill authorizes the State Environmental Commission to adopt regulations and establish fees relating to its review of subdivisions.

Sections 6 and 7 of this bill make conforming changes.tschanges. Section 1 of this bill requires the deposit of the fees authorized in this bill in a separate account in the State General Fund.

THESection PEOPLE1 OFof THEthis STATEbill OFrequires NEVADA,the REPRESENTEDdeposit INof SENATEthe ANDfees ASSEMBLY,authorized DOin ENACTthis ASbill FOLLOWS:in a separate account in the State General Fund.

SectionEXPLANATION 1.– Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PSENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

IN Section 1.

- 79th Session (2017) – 2 – 2.

3.account, after deducting any applicable charges, must be credited to the account.

The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

- *AB50_R1* – 3 – 3.

4.ensure that a community water system or nontransient water system that commences operation on or after October 1, 1999, demonstrates the technical capability, managerial capability and financial capability to comply with 40 C.F.R.

May adopt such other regulations as may be necessary to ensure that a community water system or nontransient water system that commences operation on or after October 1, 1999, demonstrates the technical capability, managerial capability and financial capability to comply with 40 C.F.R.

Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of - 79th Session (2017) – 3 – Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.

May establish by regulation reasonable fees as may be necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive, and section 1 of this act.

- *AB50_R1* – 4 – 2.

The administrativeper fineday imposedfor mayeach notsuch violation.not be more than [$2,500] $5,000 per3. day for each such violation.

3.

The State Environmental Commission may adopt such regulations as may be necessary for the Division of Environmental Protection of the State Department of Conservation and Natural Resources to carry out its duties under the provisions of this section and NRS 278.335 and 278.377, including, without limitation, establishing reasonable fees for services provided by - 79th Session (2017) – 4 – the Division.

An owner or governing body that owns two or more contiguous parcels may merge and resubdivide the land into newacreage parcelspursuant orto lotsNRS without278.490.rting reverting the preexisting parcels to acreage2. pursuant to NRS 278.490.

2.

With respect to a merger and resubdivision of parcels pursuant to this section, the owner or governing body conducting the merger and resubdivision shall ensure that streets, easements and utility easements, whether public or private, that will remain in effect after the merger and resubdivision, are delineated clearly on - *AB50_R1* – 5 – the final map, parcel map or map of division into large parcels, as appropriate, on which the merger and resubdivision is recorded.

H17 ~~~~~ - *AB50_R1*79th Session (2017)