Nevada 2019 Regular Session Status: Enacted

AB 353 — Revises provisions governing the disposition of certain types of materials and waste produced by certain governmental entities. (BDR 40-623)

Last action — Chapter 356.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 19, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 50% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

AN ACT relating to recycling; revising certain provisions governing recyclable material; requiring certain governmental entities to recycle certain additional products and waste; providing certain exemptions from such a requirement; revising the required contents of a report made to the Legislature on the status of recycling programs; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

359 added · 368 removed

359 line(s) added, 368 removed.

→
Previous
Latest
(Reprinted with amendments adopted on May 23, 2019) THIRD REPRINT A.B.
Assembly Bill No.
353 A SSEMBLY B ILLN O.
353–Assemblywoman Swank CHAPTER..........
353–ASSEMBLYWOMAN S WANK M ARCH 19, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the disposition of certain types of materials and waste produced by certain governmental entities.
(BDR 40-623) 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.
LegExisting law requires the State Environmental Commission to adopt regulations establishing minimum standards for:
Legislative Counsel’s Digest:
Existing law requires the State Environmental Commission to adopt regulations establishing minimum standards for:
school districts and the Nevada System of Higher Education to recycle paper and, paper products unless the cost of recycling is unreasonable and would place an undue burden on the entity.
Existing law requires courts, the Legislative Counsel Bureau, state agencies, paper products unless the cost of recycling is unreasonable and would place and undue burden on the entity.
Sections 2-6 further require these entities to permanently remove any data from electronic definitions of electronic waste, paper, paper products and recyclable material that conform to the definitions in the regulations relating to recycling adopted by the State Environmental Commission.
Sections 2-6 further require these entities to permanently remove any data from electronic waste before recycling the electronic waste.
Existing law also authorizes the Legislative Counsel Bureau and state agencies to apply for a waiver from compliance with the requirements for recycling.
Sections 2-6 also use standardized definitions of electronic waste, paper, paper products and recyclable material that conform to the definitions in the regulations relating to recycling adopted by the State Environmental Commission.
- *AB353_R3* – 2 – (NRS 218F.310, 232.007) Sections 3 and 4 of this bill eliminate the waiver process and exempt these entities from complying with the requirements relating to would place an undue burden on the entity.
Existing law also authorizes the Legislative Counsel Bureau and state agencies (NRS 218F.310, 232.007) Sections 3 and 4 of this bill eliminate the waiver process and exempt these entities from complying with the requirements relating to recycling if these entities determine that the cost of compliance is unreasonable and would place an undue burden on the entity.
the cost of compliance is unreasonable and Additionally, existing law requires the Legislative Commission, state agencies, school districts and the Nevada System of Higher Education to prescribe procedures for the recycling of certain waste.
Additionally, existing law requires the Legislative Commission, state agencies, school districts and the Nevada System of Higher Education to prescribe procedures for the recycling of certain waste.
(NRS 218F.310, 232.007, 386.4159, 396.437) Sections 3-6 remove the requirement for these entities to prescribe such procedures and instead, require these entities to consult with the State Department of Existing law also requires any money received by the Legislative Counsel Bureau for recycling or causing to be recycled certain paper products and waste to be paid by the Director to the State Treasurer for credit to the State General Fund.
(NRS 218F.310, 232.007, 386.4159, 396.437) Sections 3-6 remove the requirement for these entities to prescribe such procedures and instead, require these entities to consult with the State Department of CExisting law also requires any money received by the Legislative Counsel Bureau for recycling or causing to be recycled certain paper products and waste to be paid by the Director to the State Treasurer for credit to the State General Fund.
and (2) useExisting law requires the Director of the State Department of Conservation and Natural Resources to deliver a biennial report to the Director of the Legislative Counsel Bureau on the status of current and proposed programs for recycling and reuse of materials.
and (2) used to carry out the provisions of section 3.
Existing law requires the Director of the State Department of Conservation and Natural Resources to deliver a biennial report to the Director of the Legislative Counsel Bureau on the status of current and proposed programs for recycling and - 80th Session (2019) – 2 – reuse of materials.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Paper” includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, without limitation, a laminate, binder, coating and saturant.
“Paper” includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a binder, coating and saturant.ding, without limitation, a laminate, Sec.
Sec.
- *AB353_R3* – 3 – Sec.
Sec.
and 3.
and - 80th Session (2019) – 3 – 3.
444A.070 The Director of the Department shall deliver to the Director of the Legislative Counsel Bureau a biennial report on or before January 31 of each odd-numbered year for submission to the Legislature on the status of current and proposed programs for recycling and reuse of materials , the amount of recycled material 232.007 and on any other matter relating to recycling and reuseNRS which he or she deems appropriate.
444A.070 The Director of the Department shall deliver to the Director of the Legislative Counsel Bureau a biennial report on or before January 31 of each odd-numbered year for submission to the Legislature on the status of current and proposed programs for recycling and reuse of materials , the amount of recycled material that is reported by state agencies pursuant to subsection 5 of NRS which he or she deems appropriate.lating to recycling and reuse Sec.
2.
NRS 1.115 is hereby amended to read as follows:
(b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic - *AB353_R3* – 4 – material, including, but not limited to, a laminate, binder, coating and saturant.
(b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic and saturant.luding, but not limited to, a laminate, binder, coating (b)] has the meaning ascribed to it in section 1.3 of this act.
(b)] has the meaning ascribed to it in section 1.3 of this act.
Sec.
- 80th Session (2019) – 4 – Sec.
2.
a waiver from the requirements of subsection 1.] Before recycling electronic waste, the Legislative Counsel Bureau shall permanently remove any data stored on the electronic waste.
[The Director may apply to the Legislative Commission for a waiver from the requirements of subsection 1.] Before recycling permanently remove any data stored on the electronic waste.
3.
shall 3.
The Legislative [Commission shall grant a waiver if it] Counsel Bureau is not required to comply with the requirements of subsection 1 if the Director determines that the cost to recycle or cause to be recycled the paper and paper products [used] , electronic waste and other recyclable materials produced by the Legislative Counsel Bureau is unreasonable and would place an undue burden on the operations of the Legislative Counsel Bureau.
The Legislative [Commission shall grant a waiver if it] of subsection 1 if the Director determines that the cost to recycle or cause to be recycled the paper and paper products [used] , electronic waste and other recyclable materials produced by the Legislative Counsel Bureau is unreasonable and would place an undue burden on the operations of the Legislative Counsel Bureau.
The Legislative Commission may prescribe a procedure for the recycling of other waste materials produced] , including, without limitation, the placement of recycling containers on the premises of the Legislative Building.
The Legislative Commission may prescribe a procedure for the recycling of other waste materials produced] , including, without limitation, the placement of This subsection does not apply to construction and demolitioning.
This subsection does not apply to construction and demolition waste.
waste.
- *AB353_R3* – 5 – [4.] 5.
[4.] 5.
(b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
- 80th Session (2019) – 5 – (b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
Show all 81 changed rows (41 more)
Previous
Latest
(c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.] has the meaning ascribed to it in sec(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.
(c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, contains not more than 10 percent by weight or volume of arial which noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.] has the meaning ascribed to it in section 1.4 of this act.
232.007 1.NRS Except as otherwise provided in this section, each state agency shall recycle or cause to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses.] produces.
(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.
Sec.
4.
NRS 232.007 is hereby amended to read as follows:
232.007 1.
Except as otherwise provided in this section, each state agency shall recycle or cause to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses.] produces.
The Chief shall grant a waiver to the state agency if the Chief] is not required to comply with the requirements of subsection 1 if the administrator of the agency determines that the cost to recycle or cause to be recycled the paper and paper products [used] , electronic waste and other recyclable materials produced by the agency is unreasonable and would place an undue burden on the operations of the agency.
The Chief shall grant a waiver to the state agency if subsection 1 if the administrator of the agency determines that the cost to recycle or cause to be recycled the paper and paper products [used] , electronic waste and other recyclable materials produced by the agency is unreasonable and would place an undue burden on the operations of the agency.
- *AB353_R3* – 6 – [3.
[3.
(b) May prescribe a procedure for the recycling of other waste materials produced by state agencies.] 4.
- 80th Session (2019) – 6 – (b) May prescribe a procedure for the recycling of other waste materials produced by state agencies.] 4.
[4.] 5.
causing to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses] produces must be [paid by the chief administrative officer of that agency to the State Treasurer for credit to the State General Fund.] :
Any money received by a state agency for recycling or causing to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses] produces must be [paid by the chief administrative officer of that agency to the State Treasurer for credit to the State General Fund.] :
and 6.) UOn or before July 1 of each year, each state agency shall submit to the Director a report on the amount of material recycled by [5.] 7.
and (b) Used to carry out the provisions of this section.
As used in this section:s section.
6.
On or before July 1 of each year, each state agency shall submit to the Director a report on the amount of material recycled by the state agency pursuant to this section.
[5.] 7.
As used in this section:
[(b)] (c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
commodity, including, but not limited to, paper napkins, towels, or cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
- *AB353_R3* – 7 – (d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.
(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.
Sec.
- 80th Session (2019) – 7 – Sec.
2.
permanently remove any data stored on the electronic waste.t shall 3.
Before recycling electronic waste, a school district shall permanently remove any data stored on the electronic waste.
3.
4..
[3.
TExcept as otherwise provided in this subsection, the board of trustees shall [adopt rules which prescribe the procedure] consult for the disposition of the paper and paper products , electronic waste and other recyclable materials to be recycled [.
The] 4.
Except as otherwise provided in this subsection, the board of trustees shall [adopt rules which prescribe the procedure] consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products , electronic waste and other recyclable materials to be recycled [.
[4.] 5.
or causing to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses] produces must be paid by the board of trustees for credit to the general fund of the school district.
Any money received by the school district for recycling or causing to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses] produces must be paid by the board of trustees for credit to the general fund of the school district.
(b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains - *AB353_R3* – 8 – not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
(b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
(b)] has the meaning ascribed to it in section 1.3 of this act.
- 80th Session (2019) – 8 – (b)] has the meaning ascribed to it in section 1.3 of this act.
(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.
(d) “Recyclable material” has the meaning ascribed to it in NRSSec.
Sec.
6.13.NRS 396.437 is hereby amended to read as follows:
6.
NRS 396.437 is hereby amended to read as follows:
of subsection 1 if the Board of Regents determines that the cost to recycle or cause to be recycled the paper , [and] paper products by the System or one of its branches or facilities is unreasonable and would place an undue burden on the operations of the System, branch or facility.
3.
The System is not required to comply with the requirements of subsection 1 if the Board of Regents determines that the cost to recycle or cause to be recycled the paper , [and] paper products [used] , electronic waste and other recyclable materials produced by the System or one of its branches or facilities is unreasonable and would place an undue burden on the operations of the System, branch or facility.
Except as otherwise provided in this subsection, the Board of Regents shall [adopt regulations which prescribe the procedure] consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products , electronic waste and other recyclable materials to be recycled , [.
Except as otherwise provided in this subsection, the Board consult with the State Department of Conservation and Naturaldure] Resources for the disposition of the paper and paper products , electronic waste and other recyclable materials to be recycled , [.
Any money received by the System for recycling or causing to be recycled the paper and paper products , electronic - *AB353_R3* – 9 – waste and other recyclable materials it [uses and other waste material it] produces must be [accounted] :
Any money received by the System for recycling or causing to be recycled the paper and paper products , electronic - 80th Session (2019) – 9 – waste and other recyclable materials it [uses and other waste material it] produces must be [accounted] :
(c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
(c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, bin(c) “Solid waste” has the meaning ascribed to it in NRS 444.490.] has the meaning ascribed to it in section 1.4 of this act.
(c) “Solid waste” has the meaning ascribed to it in NRS 444.490.] has the meaning ascribed to it in section 1.4 of this act.
H - *AB353_R3*
~~~~~ 19 - 80th Session (2019)
⬇ Download PDF
View plain text versions (5)

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Chapter 356.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment Nos. 674 and 861 concurred in. To enrollment.

  5. In Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Third reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 19, Nays: None, Excused: 2.) To Assembly.

  7. Read third time. Amended. (Amend. No. 861.) To printer.

  8. Taken from General File. Placed on General File for next legislative day.

  9. Taken from General File. Placed on General File for next legislative day.

  10. Taken from General File. Placed on General File for next legislative day.

  11. Taken from General File. Placed on General File for next legislative day.

  12. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  13. Read second time. Amended. (Amend. No. 674.) To printer.

  14. From committee: Amend, and do pass as amended.

  15. From committee: Re-refer to Committee on Health and Human Services. Re-referred to Committee on Health and Human Services. To committee.

  16. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  17. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 39, Nays: 2, Excused: 1.) To Senate.

  18. Notice of eligibility for exemption. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 531.) To printer.

  19. From printer. To committee.

  20. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 353 do?
AN ACT relating to recycling; revising certain provisions governing recyclable material; requiring certain governmental entities to recycle certain additional products and waste; providing certain exemptions from such a requirement; revising the required contents of a report made to the Legislature on the status of recycling programs; and providing other matters properly relating thereto.
Who sponsors AB 353?
AB 353 is sponsored by Heidi Swank.
What is the current status of AB 353?
This bill has been enacted into law. Introduced March 19, 2019. Enacted.
Where can I track AB 353?
Track AB 353 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 353

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 353

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →