AB 31 — Revises provisions governing the Nevada Petroleum Products Inspection Act. (BDR 51-276)
Last action — Approved by the Governor. Chapter 32.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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Enacted
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Bill Text
What changed in the latest version
641 added · 680 removed641 line(s) added, 680 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 13, 2021) FIRST REPRINT A.B.
3131–Committee Aon SSEMBLYNatural BResources ILLNCHAPTER.......... O.
31–COMMITTEE ON N ATURAL RESOURCES (ON B EHALF OF THE S TATE D EPARTMENT OF A GRICULTURE ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions governing the Nevada Petroleum Products Inspection Act.
(BDR 51-276) 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.
Existing law requires the State Board of Agriculture to adopt by regulation specifications590.070) Sections 1 and 3 of this bill additionally require the Board to adopt by regulation specification standards for motordiesel vehicleexhaust fuelfluid thatand complyauthorize withthe certainBoard requirements.to follow the specification standards set forth by the International Organization for Standardization or by ASTM International.
(NRSSection 590.070)1 Sectionsalso 1makes andit 3unlawful offor thisa billperson additionallyto requireengage thein Boardcertain tocommercial adoptactivities byregarding regulationdiesel specificationexhaust standardsfluid forunless the diesel exhaust fluid andconforms authorizeto the Boardspecification Standardizationstandards orprescribed by ASTMthe International.Board.
SectionFinally, section 1 also makes ita unlawfulviolation forpunishable anby forthe personimposition toof engagea infine certainand commercialauthorizes activitiesthe regardingBoard dieselto exhaustrequest fluidthe unlessdistrict theattorney dieselto exhaustinvestigate fluida conformsAdditionally, section 5 requires the Board to enforce the specification standards prescribedfor diesel exhaust fluid that are adopted by the Board.
Finally,Sections section2, 14 makesand a10-14 violation punishable by the imposition of athis finebill andmake authorizesconforming thechanges Board to requestindicate the districtappropriate attorneyplacement toof investigatesection a1 suspected violation or file a complaint, as set forth in sectionthe 5Nevada ofRevised thisStatutes. bill.
- *AB31_R1* – 2 – diesel exhaust fluid that are adopted by the Board.
Sections 2, 4 and 10-14 of thisor bill make conforming changes to indicate the appropriate placement of section 1 in the Nevada Revised Statutes.
(NRS 590.020) Section 3 revises the definition of “additives” to include substances added to motor vehicle fuel or petroleum heating product,requirements which haswould theotherwise effectapply. of excluding these substances from regulatory requirements for motor vehicle fuels to certain additional types of alternative fuels.
Section 3 also applies the regulatory requirements for motor vehicle fuels to certain additional types of alternative fuels.
Section 6 also makes a violation punishable by the imposition of a fine and authorizes the Board to request the district attorney to investigate a suspected violation or file a complaint, as set forth in section 5.
Additionally, section 55ted requires the Board to enforce the specification standards for aviation fuel that are adoExisting law makes it unlawful to engage in certain commercial activities regarding any petroleum or petroleum product to be used for heating purposes unless the petroleum or petroleum product conforms to the most recent standards adopted by ASTMthe International.Board.
Existing law makes it unlawful to engage in certain commercial activities regarding any petroleum or petroleum product to be used for heating purposes - 81st Session (2021) – 2 – unless the petroleum or petroleum product conforms to the most recent standards adopted by ASTM International.
Section 7 requires the Board to adopt such standards by regulationforth and requires the regulations to conform to the specification standards set certain commercial activities relating to any petroleum heating product punishablet by theASTM impositionInternational. of a fine and authorizes the Board to request the district attorney to investigate a suspected violation or file a complaint, as set forth in section 5.
Section 7 makes a violation of the prohibition againstet certain commercial activities relating to any petroleum heating product punishable by the imposition of a fine and authorizes the Board to request the district attorney to investigate a suspected violation or file a complaint, as set forth in section 5.
Existing law provides that it is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, in theility,the State of Nevada, to take such samples or to prevent the taking of such samples.
Section 8 instead provides that it is unlawful for any person, or any officer, agent or employee thereof, to hinder, obstruct or prevent, or attempt to hinder, obstruct or prevent the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, the performance of certain duties.
Section 8 further provides that it is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit, during regular business hours, the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, access to property or equipment in this or any State to carry out certain duties.
Existing law authorizes the State Sealer of Consumer Equitability, or the appointees thereof, to close and seal the outlets of any unlabeled or mislabeled containers, pumps, dispensers or storage tanks connected thereto or which contain - *AB31_R1* – 3 – any petroleum product or motor vehicle fuel which, if sold, would violate any labeling requirements that are set forth in the Nevada Petroleum Products Inspection Act.
(1) make arrangements to replace or adjust the petroleum product or may have received the petroleum product or motor vehicle fuel thatto wascorrect inthe thatviolation; have or violation.
and (2) notify all customers that have or violation.
and (2) the person who disposes of the petroleum product or motor vehicle fuel to make available upon request of the State Sealer of Consumer Equitability, or the appointees thereof, a written confirmation of the disposition of the products in deliveryviolation. ticket, an invoice ticket, a bill of lading, a bill of sale, a terminal ticket or any other proof of transfer that is approved by the Board.
Section 8 further authorizes such a confirmation to be in the form of a delivery ticket, an invoice ticket, a bill of lading, a bill of sale, a terminal ticket or any other proof of transfer that is approved by the Board.
- 81st Session (2021) – 3 – Existing law requires the State Sealer of Consumer Equitability, or the appointees thereof, upon at least 24 hours’ notice to certain persons, to break a seal for the purpose of removing the contents of the container, pump, dispenser or storage tank.
(NRS 590.070) Additionally, existing law requires the State Sealer of Consumer Equitability to adopt by regulation standard procedures for testing petroleum products and motor vehicle adoptfuel. specification standards for certain types of fuel that are used in internalo combustion engines.
Existing law further authorizes the State Sealer of Consumer Equitability to adopt specification standards for certain types of fuel that are used in internal combustion engines.
Sectionused 9for ofgravity thisand billvolume updatesconversion theand publicationtemperature requiredcorrection byof existing60°F.w law to be used(NRS for590.105) gravityEXPLANATION and– volumeMatter conversionin andbolded temperatureitalics correctionis ofnew; 60°F.
(NRSmatter 590.105)between THEbrackets PEOPLE[omitted OFmaterial] THEis STATEmaterial OFto NEVADA,be REPRESENTEDomitted. IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
When adopting the regulations required pursuant to subsection 1, the State Board of Agriculture may follow the - *AB31_R1* – 4 – specification standards set forth by the International Organization for Standardization or by ASTM International.
- 81st Session (2021) – 4 – Sec.
Sec.590.020 NAs used in NRS 590.010 to 590.330, inclusive, and section 1 of this act, unless the context otherwise requires:
Show all 119 changed lines (79 more)
3.
NRS 590.020 is hereby amended to read as follows:
590.020 As used in NRS 590.010 to 590.330, inclusive, and section 1 of this act, unless the context otherwise requires:
(f) Electricity;
- *AB31_R1* – 5 – (1) That contains:
and - 81st Session (2021) – 5 – (2) If a part of a blend stock, contains diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070.
The term does not include a fuel that is required for use in this State pursuant to a state implementation plan adopted by this State pursuant to 42 U.S.C.
§ 7410.7410.lementation plan adopted by this State 4.
4.
(d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,” “liquefied natural gas” or words of similar meaning whenwhenal describing pressurized gases.
- *AB31_R1* – 6 – [8.] 9.
[9.]- 11.81st Session (2021) – 6 – (a) Very low in inorganic, organic or colloidal contaminants;
“Pure water” means water that is:
(a) Very low in inorganic, organic or colloidal contaminants;
(b) Free of aldehydes or other substances, including, without limitation, anticaking agents;
andandsubstances, including, without (c) Free of contaminants, including, without limitation, sulphur and its compounds, chloride and nitrate.
It is unlawful for any person to sell or offer to sell any motor vehicle fuel unless a sign or label is firmly attached to or painted at or near the outlet of the container from which or into which the motor vehicle fuel is dispensed or received for sale or delivery.
- *AB31_R1* – 7 – All containers and dispensers of lubricating and motor oil must also be labeled in the same manner with the oil’s viscosity grade classification and performance rating.
If a lubricating or motor oil has more than one viscosity grade classification or performance rating, each viscosity grade classification and performance rating - 81st Session (2021) – 7 – must be included in the label.
The provisions of this subsection do not apply to any oil labeled “prediluted” or intended onlycycle forengine.ure mixture with gasoline or other motor vehicle fuel in a two- cycle2. engine.
2.
Small hand measures used for delivery of petroleum products or motor vehicle fuel that are filled in the presence of the customer need not be labeled in accordance with the provisions of the NRS 590.010 to 590.150, inclusive, and section 1 of this act if the receptacle, container or pump from which petroleum products or motor vehicle fuel is drawn or poured into the hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive [.] , and section 1 of this act.
- *AB31_R1* – 8 – (c) Enforce the specification standards for aviation fuel adopted by regulation pursuant to NRS 590.073.
- 81st Session (2021) – 8 – (d) Enforce the specification standards for petroleum heating products adopted by regulation pursuant to NRS 590.090.
(e) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070 [.] , 590.073 and 590.090 and section 1 of this act.
The maximum fine that may be imposed by the BoardBoardn 1 for each violation must not exceed $5,000 per day.
(b) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.vio[(b)] (c) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the Board suspects may have violated any provision of NRS 590.070 [.] , 590.073 and 590.090 and section 1 of this act.
[(b)] (c) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the Board suspects may have violated any provision of NRS 590.070 [.] , 590.073 and 590.090 and section 1 of this act.
The State Sealer of - *AB31_R1*81st Session (2021) – 9 – Consumer Equitability may follow the specification standards set forth by ASTM International.
In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.
All bulk storage tanks, dispensers and petroleum tank truck compartment outlets containing or dispensing heating fuel must be labeled with the brand name and the grade designation of the[3.] 4.g A person shall not use the numerical grade designation for heating fuel.fuels adopted by ASTM International unless the designation conforms to that designation.
[3.] 4.
A person shall not use the numerical grade designation for heating fuels adopted by ASTM International unless the designation conforms to that designation.
Sec.- 81st Session (2021) – 10 – 590.100 The State Sealer of Consumer Equitability is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and section 1 of this act and has the following powers and duties:
8.1.
NRS 590.100 is hereby amended to read as follows:
590.100 The State Sealer of Consumer Equitability is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and section 1 of this act and has the following powers and duties:
- *AB31_R1* – 10 – 1.
The State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, may take such samples as he or she deems necessary of any petroleum product or motor vehicle fuel that is kept, transported or stored withinofficer, agent or employee thereof, to refuse to permit the Statey Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, in the State of Nevada.Nevada, to take such samples, or to prevent or to attempt to prevent the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, from taking them.] If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.
[It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, in the State of Nevada, to take such samples, or to prevent or to attempt to prevent the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, from taking them.] If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.
The State Sealer of Consumer Equitability, or the appointees thereof, may close and seal the outlets of any [unlabeled or mislabeled] containers, pumps, dispensers or storage tanks connected thereto which are unlabeled or mislabeled or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and section 1 of this act and shall post, in a conspicuous place on the premises where those containers, pumps, dispensers or storage tanks have been sealed, a notice stating that the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and section 1 of this act and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.
5.- 81st Session (2021) – 11 – 4, the State Sealer of Consumer Equitability, or the appointeeson thereof:
Upon closing and sealing an outlet pursuant to subsection 4, the State Sealer of Consumer Equitability, or the appointees thereof:
and (b) If meter readings and an inventory are taken pursuant to paragraph (a), shall ensure that the findings of the meter readings - *AB31_R1* – 11 – and physical inventory are reported in the confirmation for disposition.
If a violation of any of the provisions of NRS 590.010 to 590.150, inclusive, and section 1 of this act occurs at a bulk storage facility, the operator of the bulk storage facility shall, within 12 hours after being notified by the State Sealer of Consumer Equitability, or the appointees thereof, of the violation, make any arrangements necessary to replace or adjust the petroleum product or motor vehicle fuel so that the product or fuel issubsection, nothe longeroperator of the bulk storage facility shall also, within 12 hours after being notified by the State Sealer of Consumer Equitability, or the appointees thereof, notify all customers that have or may have received the petroleum product or motor vehicle fuel that is in violation.
Except as otherwise provided in this subsection, the operator of the bulk storage facility shall also, within 12 hours after being notified by the State Sealer of Consumer Equitability, or the appointees thereof, notify all customers that have or may have received the petroleum product or motor vehicle fuel that is in violation.
and (b) The operator of the bulk storage facility can demonstrate thatwill thebe distributionrestricted ofto thethose petroleumuses.oleum product or motor vehicle fuel will7. be restricted to those uses.
7.
If the contents are not immediately and completely- removed,81st theSession container,(2021) pump,– dispenser12 or– storage tank must be again sealed.
The requirement to provide 24 hours’ noticenoticek pursuant to this subsection may be waived if the State Sealer of Consumer Equitability, or the appointees thereof, and the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed agree in writing to the waiver.
[6.] 8.
After removing the contents pursuant to subsection 7 and before the contents may be disposed of, the method of - *AB31_R1* – 12 – disposition of the contents must be agreed to by the State Sealer of Consumer Equitability, or the appointees thereof.
Such a confirmation of disposition must include the volume, in gallons, of the petroleum product or motor vehicle fuel that is transferred if the meter readings and physical inventory are taken or caused totoif be taken pursuant to subsection 5.
[6.] 10.
The State Sealer of Consumer Equitability shall adopt regulations which are necessary for the enforcement of NRS 590.010 to 590.150, inclusive, [including standard procedures for testing petroleum products or motor vehicle fuel which are based on sources such as those approved by ASTM International, and may adopt specifications for any fuel for use in internal combustion engines which is sold or offered for sale and contains any alcohol or other combustible chemical that is not a petroleum product or motor vehicle fuel.] and section 1 of this act.
It is unlawful for any person, or any officer, agent or employee thereof, to hinder, obstruct or prevent, or attempt to hinder, obstruct or prevent, the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, the performance of his or her duties - 81st Session (2021) – 13 – described in this section, including, without limitation, refusing to permit, during regular business hours, the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, access to property or equipment in thisthi12. State.
12.
- *AB31_R1* – 13 – Sec.
2.subsection 1, together with any penalties and interest collectedf thereon, must be transferred quarterly to the account in the State General Fund created pursuant to NRS 561.412 for the use of the State Department of Agriculture.
The inspection fees collected pursuant to the provisions of subsection 1, together with any penalties and interest collected thereon, must be transferred quarterly to the account in the State General Fund created pursuant to NRS 561.412 for the use of the State Department of Agriculture.
5.- 81st Session (2021) – 14 – manner prescribed in chapters 360A and 365 of NRS.ed out in the 6.
The provisions of this section must be carried out in the manner prescribed in chapters 360A and 365 of NRS.
6.
- *AB31_R1* – 14 – Sec.
Each such person, or any officer, agent or employee thereof, is guilty of a separate offense for each day during any portion of which any violation of any provision of NRS 590.010 to 590.140, of inclusive, and section 1 of this act is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be punished as provided in this section.
(a) Except as otherwise provided in NRS 586.270 and 586.940, fees collected pursuant to the provisions of chapter 586 of NRS.
(d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and, except as - 81st Session (2021) – 15 – otherwise provided in NRS 586.270 and 586.940, chapter 586 of NRS.
(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 588 of NRS.
are necessary pursuant to the provisions of (f) Laboratory fees collected for the analysis and testing of petroleum products or motor vehicle fuel, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.010 to 590.150, inclusive [.] , and section 1 of this act.
- *AB31_R1* – 15 – 3.
Expenditures from the Agriculture Registration and Enforcement Account may be made to carry out the provisions of this chapter, NRS 555.2605 to 555.460, inclusive, or chapters 586, 588 and 590 of NRS or for any other purpose authorized by the Legislature.
Expenditures from the account must be made only for carrying out the provisions of this chapter and chapters 581 and 582 ofthis NRSact.d and NRS 590.010 to 590.330, inclusive [.] , and section 1 of this3. act.
3.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to - 81st Session (2021) – 16 – which the responsibility for the administration of the provisions of the contract or other agreement has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contractcon3.actAny action taken by an officer or otheragency agreementwhose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
3.
Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
-(a) *AB31_R1*Upon –passage 16and –approval for the purpose of adopting any regulations and performing any other preparatory administrativeyadministrative tasks that are necessary to carry out the provisions of this act;
H~~~~~ 21 - *AB31_R1*81st Session (2021)
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Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 32.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Natural Resources. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.
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Read second time. Amended. (Amend. No. 18.) To printer.
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From committee: Amend, and do pass as amended.
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To committee.
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Read first time.
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From printer.
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Prefiled. Referred to Committee on Natural Resources. To printer.
Sponsors
- Assembly Committee on Natural Resources · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Natural Resources
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.
Subjects
Frequently asked questions
- Who sponsors AB 31?
- AB 31 is sponsored by Assembly Committee on Natural Resources.
- What is the current status of AB 31?
- This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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