AB 1 — Revises provisions governing the adoption of certain regulations by the State Environmental Commission or a local air pollution control board. (BDR 40-360)

(Reprinted with amendments adopted on April 17, 2019) FIRST REPRINT A.B.

1 ASSEMBLY BILLNB ILLN O.

1–COMMITTEE ON NATURALN RESOURCESATURAL R ESOURCES , GRICULTUREAGRICULTURE ,AND M INING (ON B EHALF OF THE D IVISION OFEOFENVIRONMENTAL NVIRONMENTAL PROTECTION OF THE SSTATE TATEDEPARTMENT D EPARTMENT OF CCONSERVATION ONSERVATION AND NNATURAL ATURALR RESOURCESESOURCES ) PREFILEDP NREFILED OVEMBERNOVEMBER 15, 2018 ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Revises provisions governing the adoption of certain regulations by the State Environmental Commission or a local air pollution control board.

LegWithLegislative certainCounsel’s exceptions,Digest: the Nevada Administrative Procedure Act requires each state agency that is not exempt from that Act to provide 30 days’ notice of its intended action before holding a hearing on any proposed regulation.

(NRSWith 233B.060)certain Theexceptions, Statethe EnvironmentalNevada CommissionAdministrative isProcedure notAct exemptrequires fromintended theaction Act.before holding a hearing on any proposed regulation.

(NRStice of its 233B.060) The State Environmental Commission is not exempt from the Act.

(NRS 445B.215) pollutionExisting controllaw boardimposes thata issimilar requiredrequirement tofor establishsuch andpublication administeron a programlocal forair thepollution control ofboard airthat pollutionis inrequired ato countyestablish whoseand populationadminister isa 100,000program orfor morethe (currently Clark and Washoe Counties).

(NRS 445B.500) Sections 2 and 6 of this bill (currently eliminate thethis specific requirement of publishing such notice in a newspaper.

Therefore, the Commission is only required to provide notice of its hearing on a proposed regulation in accordance with the Nevada Administrative Procedure ActAct. and section 2 requires a *AB1* – 2 – local air pollution control board, which is not subject to that Act, to provide notice of its hearing on a proposed regulation in the same manner.

- *AB1_R1* – 2 – Section 2 requires a local air pollution control board, in addition to any other applicable requirements for notice prescribed in existing law, to, at least 30 days before the date set for a public hearing on a regulation, provide notice of the hearing by posting a copy of the notice on an Internet website maintained by the board.

- *AB1_R1* – 3 – (a) The district board of health, county board of health or board of county commissioners in each county whose population is *AB1* – 3 – 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded.

(d) Powers and responsibilities provided for in NRS 445B.210, 445B.240 to 445B.470, 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.notice prescribed by law, 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.] , at least 30 days before the date set for a public hearing on a regulation, give notice of the hearing by posting a copy of the notice on an Internet website maintained by the board.

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.

NRS[NRS 445B.215 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445B.610.] give3. notice of a public hearing on a regulation which is to be considered by the local air pollution control board in the manner prescribed in chapter 233B of NRS.

3.

If such a delegation is made, 17.5 percent of any penalty collected - *AB1_R1* – 4 – 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 *AB1* – 4 – defray the administrative expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640, inclusive.

and (b) Projects to improve air quality, including, without limitation, the purchase and installation of equipment to retrofit school buses of the school district to use biodiesel, compressed natural gas or a similar fuel formulated to reduce emissions from the amount of emissions produced by the use of traditional fuels such as gasoline and diesel fuel,  which are consistent with the state implementation plan adopted by 4.is Any county whose population is less than 100,000 or any city may meet the requirements of this Statesection pursuantfor toadministration 42one U.S.C.or more other counties, or through agreement with the State, or may establish its own program for the control of air pollution.

§§ 7410 and 7502.

4.

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.

A county or area whose local jurisdiction over air pollution control has been superseded may establish or restore a - *AB1_R1* – 5 – local air pollution control program if such program is approved as adequate by the Commission.

*AB1* – 5 – 2.

Any and all action taken by the State Commission of Environmental Protection, including but not limited to existing orders, notices of violation, variances, permits, cease and desist orders and compliance schedules, shall remain in full force andandist effect and binding upon the State Environmental Commission, the Director,apply theon Departmentor andafter allJuly 1, 1973.l persons to whom such action may apply3. on or after July 1, 1973.

3.

The State Environmental Commission is not required to comply with the requirements of NRS 445B.215 concerning any proposed regulation that the State Environmental Commission submitted to the Legislative Counsel pursuant to NRS 233B.063 - *AB1_R1* – 6 – before the effective date of this act and that has not been approved by the Legislative Commission by the effective date of this act.

*AB1* – 6 – Sec.

TEXT OF REPEALED SECTION 445B.215 Notice of public hearing on regulations of Commission.

*AB1*H - *AB1_R1*