Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB31 18 Amendment No.
31–Committee18 onAssembly NaturalAmendment Resourcesto CHAPTER..........Assembly Bill No.
31 (BDR 51-276) Proposed by:
Assembly Committee on Natural Resources Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
ALA/WLK - Date:
4/11/2021 A.B.
No.
31—Revises provisions governing the Nevada Petroleum Products Inspection Act.
(BDR 51-276) Page 1 of 14 *A_AB31_18* Assembly Amendment No.
18 to Assembly Bill No.
31 Page 3 A SSEMBLY BILLN O.
31–COMMITTEE ON N ATURAL RESOURCES (O NB EHALF OF THESTATE D EPARTMENT OF AGRICULTURE ) PREFILEDN 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 590.070)specifications Sections 1 and 3 of this bill additionally require the Board to adopt by regulation specification standards for dieselmotor exhaustvehicle fluidfuel andthat authorizecomply thewith Boardcertain torequirements. follow the specification standards set forth by the International Organization for Standardization or by ASTM International.
(NRS 590.070) Sections 1 and 3 of this bill additionally require the Board to adopt by regulation specification standards for diesel exhaust fluid and authorize the Board to follow the specification standards set forth by the International Organization for Standardization or by ASTM International.
Finally, section 1 makes a violation punishable by the imposition of a fine and authorizes the Board to request the district attorney to investigate a Additionally,suspected sectionviolation 5or requiresfile thea Boardcomplaint, toas enforceset theforth specificationin standardssection for5 dieselof exhaustthis fluidbill. that are adopted by the Board.
Additionally, section 5 requires the Board to enforce the specification standards for diesel exhaust fluid that are adopted by the Board.
Existing law excludes “additives” from the definition of “petroleum products,” which has the effect of excluding additives from the regulatory requirements imposed on petroleum products.
(NRS 590.020) Section 3 revises the definition of “additives” to include substances added to motor vehicle fuel or petroleum heating product, which has the effect of excluding these substances from regulatory requirements which would otherwise apply.
Section 3 also appliesAssembly theAmendment regulatoryNo. requirements for motor vehicle fuels to certain additional types of alternative fuels.
18 to Assembly Bill No.
31 Page 4 applies the regulatory requirements for motor vehicle fuels to certain additional types of alternative fuels.
Section 6 also makes a violationattorney punishableto byinvestigate the imposition of a finesuspected violation or file a complaint, as set forth in section 5.5.rict Additionally, section 5 requires the Board to enforce the specification standards for aviation fuel that are adopted by the Board.
Additionally,Existing sectionlaw 5tedmakes requiresit theunlawful Boardto engage in certain commercial activities regarding any petroleum or petroleum product to enforcebe used for heating purposes unless the specificationpetroleum standardsor forpetroleum aviationproduct fuelconforms thatto arethe most recent standards adopted by theASTM Board.International.
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 regulation and requires the regulations to conform to the specification standards set forth by ASTM International.
Section 7 makes a violation of the prohibition againstetagainst 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.
Additionally, section 55te a requires the Board to enforce the specification standards adopted by the Board for petroleum heating products.
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 appointeeshinder, thereof,obstruct or anyprevent member of the NevadaState HighwaySealer Patrol,of theConsumer performanceEquitability, or of certain duties.
(NRS 590.100) Section 8 [of this bill] authorizes the State Sealer of Consumer Equitability or his or her appointee, upon closing and sealing an outlet, to take meter readings and an inventory of the petroleum product or motor vehicle fuel.
Section 8 also requires the operator of a bulk storage facility where such a violationvehicle occursfuel to:to correct the violation;
(1)and make(2) arrangementsnotify toall replacecustomers that have or adjustmay havemotor received the petroleum product or motor vehicle fuel tothat correctwas thein violation;violation.
and (2) notify all customers that have or violation.
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 isAssembly approvedAmendment byNo. the Board.
Section18 5 authorizes the Board to adoptAssembly regulationsBill approvingNo. other types of proof of transfer.
-31 81stPage Session5 (2021)is –approved 3by – Existing law requires the StateBoard. 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 590.100) Section 85 authorizes thisthe 24Board hours’to noticeadopt requirementregulations andapproving certainother personstypeExisting agreelaw inrequires writingthe toState theSealer waiver.bility,of Consumer Equitability, or the appointees thereof, Existingupon lawat requiresleast the24 Boardhours’ notice to adoptcertain bypersons, regulation:to break a seal for the purpose of removing the contents of the container, pump, dispenser or storage tank.
(NRS 590.100) Section 8 authorizes this 24 hours’ notice requirement to be waived if the State Sealer of Consumer Equitability, or the appointees thereof, and certain persons agree in writing to the waiver.
Existing law requires the Board to adopt by regulation:
(NRSto 590.070)adopt Additionally,by regulation standard procedures for testing petroleum products and motor vehicle fuel.
usedSection for9 gravityof andthis volumebill conversionupdates andthe temperaturepublication correctionrequired ofby 60°F.wexisting law to be (NRSused 590.105)for EXPLANATIONgravity –and Mattervolume inconversion boldedand italicstemperature iscorrection new;of 60°F.
matter(NRS between590.105) bracketsTHE [omittedPEOPLE material]OF isTHE materialSTATE toOF beNEVADA, omitted.REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 81st Session (2021) – 4 – Sec.
590.020Sec. NAs used in NRS 590.010 to 590.330, inclusive, and section 1 of this act, unless the context otherwise requires:
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:
(a)Assembly AnyAmendment M-85No. [,] or M-100 [,] fuel methanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070;
18 to Assembly Bill No.
31 Page 6 (a) Any M-85 [,] or M-100 [,] fuel methanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070;
(f) Electricity;
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.lementation7410. plan adopted by this State 4.
4.
(d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,” “liquefied natural gas” or words of similar meaning whenalwhen describing pressurized gases.
[8.]Assembly 9.Amendment No.
18 to Assembly Bill No.
31 Page 7 [8.] 9.
-[9.] 81st11. 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;
andsubstances,and 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.
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 cycleonly engine.urefor mixture with gasoline or other motor vehicle fuel in a two-two-cycle 2.engine.
2.
4.Assembly Amendment No.
18 to Assembly Bill No.
31 Page 8 4.
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.
- 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 BoardnBoard 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 vio[(b)]violation. (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.
Sec.[(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.
Assembly Amendment No.
18 to Assembly Bill No.
31 Page 9 Sec.
The State Sealer of - 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 fuelsfuel. 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.
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:
3.Assembly Amendment No.
The18 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 officer, agent or employee thereof, to refuseAssembly toBill permitNo. the Statey 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.
31 Page 10 3.
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 within the State of Nevada.
[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:
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 subsection,is theno operatorlonger 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 willthat bethe restricteddistribution toof thosethe uses.oleumpetroleum product or motor vehicle fuel 7.will be restricted to those uses.
[The]7. Except as otherwise provided in this subsection, the State Sealer of Consumer Equitability, or the appointees thereof, shall, upon at least 24 hours’ notice to the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed [,] pursuant to subsection 4, and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank.
If[The] Except as otherwise provided in this subsection, the contentsState areSealer notof immediatelyConsumer andEquitability, -or 81stthe Sessionappointees (2021)thereof, –shall, 12upon –at mustleast be24 againhours’ sealed.notice to the owner, manager, operator or attendant of the premises where a Assembly Amendment No.
The18 requirement to provideAssembly 24Bill hours’No. noticek 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.
8.31 Page 11 container, pump, dispenser or storage tank has been sealed [,] pursuant to subsection 4, and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank.
If the contents are not immediately and completely removed, the container, pump, dispenser or storage tank must be again sealed.
The requirement to provide 24 hours’ notice 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.
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 toifto 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 thi12.this State.
12.
Sec.Assembly Amendment No.
18 to Assembly Bill No.
31 Page 12 Sec.
subsection2. 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.
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.
(b)Assembly FeesAmendment collectedNo. pursuant to the provisions of chapter 588 of NRS.
18 to Assembly Bill No.
31 Page 13 (b) Fees collected pursuant to the provisions of chapter 588 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.
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 thisof act.dNRS and NRS 590.010 to 590.330, inclusive [.] , and section 1 of 3.this 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 con3.actAnycontract action taken by an officer or agencyother whoseagreement 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)Assembly UponAmendment passageNo. and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
18 to Assembly Bill No.
31 Page 14 (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
~~~~~ 21 - 81st Session (2021)