AB 85 — Revises provisions relating to noxious weeds. (BDR 49-108)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

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85–COMMITTEE ON N ATURAL RESOURCES (O N BEHALF OF THE COMMITTEE TO CONDUCT AN INTERIM STUDY CONCERNING W ILDFIRES) PREFILED JANUARY 26, 2021 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to noxious weeds.

(BDR 49-108) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law authorizes the State Quarantine Officer to declare by regulation which weeds of the State are noxious weeds but prohibits the State QuarantineionQuarantine Officer from designating a weed as noxious if the weed is so well established in the State that the State Quarantine Officer judges its control to be impracticable.

(NRS 555.130) This bill removes the prohibition, thereby authorizing the State Quarantine Officer to declare any weed to be noxious by regulation.

ThisState billExisting additionallylaw authorizes the State Quarantine Officer to limittemporarily designate a declarationweed oras ina thisnoxious Stateweed soif thathe a declaration or temporaryshe designationdetermines wouldthat onlyimmediate applycontrol toeasof those specific geographic areas and not to the entireweed State.is necessary.

Such a temporary designation expires 18 months after the designation is made.

(NRS 555.130) This bill requires the State Quarantine Officer to hold a publFinally, this bill authorizes the State Quarantine Officer to limit a declaration or temporary designation to a specific geographic area or to specific geographic areas in this State so that a declaration or temporary designation would only apply to those specific geographic areas and not to the entire State.

If the State Quarantine Officer makes a temporary designation that is limited to a specific geographic area consult with each applicable state agency or department or governing body of aer to local government which has jurisdiction over any public right-of-way in that area.

EXPLANATION – Matter in bolded italics is new;

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

[, but a weed must not be designated as noxious which is already introduced and established in the State - *AB85_R1* – 2 – to such an extent as to make its control impracticable in the judgment of the State Quarantine Officer.] 2.

The[The] After holding a public meeting, the State Quarantine Officer may temporarily designate a weed as a noxious weed if he or she determines that immediate control of the weed is necessary.

The State Quarantine Officer may limit a declaration made pursuant to subsection 1 or a temporary designation made specificpursuant geographicto areassubsection in2 thisto State.eographica specific geographic area or to H - *AB85_R1*81st Session (2021) – 2 – specific geographic areas in this State.

Before the State Quarantine Officer makes a temporary designation pursuant to subsection 2 that is limited to a specific geographic area or to specific geographic areas pursuant to this subsection, the State Quarantine Officer shall consult with each applicable state agency or department or governing body of a local government which has jurisdiction over any public right-of-way in the specific geographic area or areas.

~~~~~ 21 - 81st Session (2021)