A.B. 130


Assembly Bill No. 130--Committee on Ways and Means

                 January 31, 1995
                 _____________


      Referred to Committee on Ways and Means


SUMMARY--Revises provisions governing agency for 
          nuclear projects and state department of 
          conservation and natural resources. 
          (BDR 40-1566)

FISCAL NOTE:  Effect on Local Government: No.
              Effect on the State or on Industrial Insurance: No.



EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

AN ACT relating to the state department of conservation and natural 
        resources; revising provisions governing the agency for 
        nuclear projects within the department; revising provisions 
        concerning the duties of the director of the department; and 
        providing other matters properly relating thereto.

     THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
                AND ASSEMBLY, DO ENACT AS FOLLOWS:



  Section 1.  NRS 459.009 is hereby amended to 
read as follows:
  459.009  As used in NRS 459.009 to 459.0098, inclusive, 
unless the context otherwise requires:
  1.  \"Administrator" means the administrator of the 
agency.
  2.\\  "Agency" means the agency for nuclear projects.
  [2.] \3.\\  "Commission" means the commission on 
nuclear projects.
  [3.  "Executive director"]
  \4.  "Director"\\ means the [executive] director 
of the [agency.
  4.] \state department of conservation and natural 
resources.\\
  \5.  \\"Radioactive waste" is limited to:
  (a) The highly radioactive material resulting from the 
reprocessing of spent nuclear fuel, including liquid waste 
and any solid material derived from the liquid waste that 
contains concentrations of matter produced by nuclear 
fission sufficient to require permanent isolation, as 
determined by the Nuclear Regulatory Commission;
  (b) Spent nuclear fuel that has been withdrawn from a 
reactor following irradiation and has not been separated 
into its constituent elements by reprocessing; and
  (c) Other material that the Nuclear Regulatory Commission 
determines must be permanently isolated.
  Sec. 2.  NRS 459.0093 is hereby amended to 
read as follows:
  459.0093  1.  The agency for nuclear projects is hereby 
created within the state department of conservation and 
natural resources. The agency consists of the commission 
and:
  (a) The [division] \bureau\\ of technical 
programs.
  (b) The [division] \bureau\\ of planning.
  2.  The [governor] \director\\ shall appoint an 
[executive director,] \administrator, \\who serves 
at the pleasure of the [commission, and who must:
   (a) Be appointed from a list of three persons submitted to 
the governor by the commission.
  (b) Possess] \director. The administrator must 
possess\\ broad management skills related to the 
functions of the agency and have the ability to coordinate 
planning and communication among the Federal Government, the 
state and the local governments of this state on issues 
related to radioactive waste.
  Sec. 3.  NRS 459.0094 is hereby amended to 
read as follows:
  459.0094  The [executive director] 
\administrator\\ shall:
  1.  Appoint, with the consent of the [commission, an] 
\director, a deputy \\administrator of each 
[division] \bureau\\ of the agency.
  2.  Advise the commission on matters relating to the 
potential disposal of radioactive waste in this state.
  3.  Evaluate the potentially adverse effects of a facility 
for the disposal of radioactive waste in this state.
  4.  Consult frequently with local governments and state 
agencies that may be affected by a facility for the disposal 
of radioactive waste and appropriate legislative committees.
  5.  Assist local governments in their dealings with the 
Department of Energy and its contractors on matters relating 
to radioactive waste.
  6.  Carry out the duties imposed on the state by 42 U.S.C. 
§§ 10101 to 10226, inclusive, as those sections existed on 
January 1, 1985.
  7.  Cooperate with any governmental agency or other person 
to carry out the provisions of NRS 459.009 to 459.0098, 
inclusive.
  Sec. 4.  NRS 459.0095 is hereby amended to 
read as follows:
  459.0095  The [executive director] 
\administrator\\ may:
  1.  Provide information relating to radioactive waste to 
the legislature, local governments and state agencies that 
may be affected by the disposal of radioactive waste in this 
state.
  2.  Consult branches and facilities of the University and 
Community College System of Nevada or other institutions of 
higher education on matters relating to radioactive waste.
  3.  Employ, within the limitations of legislative 
authorization, technical consultants, specialists, 
investigators and other professional and clerical employees 
as are necessary to the performance of his duties.
  4.  Make and execute contracts and all other instruments 
necessary for the exercise of the duties of the office.
  5.  Obtain equipment and supplies necessary to carry out 
the provisions of NRS 459.009 to 459.0098, inclusive.
  Sec. 5.  NRS 459.0096 is hereby amended to 
read as follows:
  459.0096  1.  The \deputy \\administrator of 
each [division] \bureau\\ shall administer the 
provisions of law relating to his [division] \bureau 
\\under the supervision of the [executive director.] 
\administrator.\\
  2.  The [executive director] \administrator\\ and 
the \deputy \\administrator of each [division:] 
\bureau:\\
  (a) Are in the unclassified service of the state.
  (b) Shall devote their full time to the business of the 
agency and not engage in any other gainful employment or 
occupation.
  Sec. 6.  NRS 459.0097 is hereby amended to 
read as follows:
  459.0097  The \deputy \\administrator of the 
[division] \bureau\\ of technical programs shall:
  1.  Evaluate the:
  (a) Potential effects of radioactive waste upon the 
physical environment;
  (b) Potential health hazards from the disposal of 
radioactive waste; and
  (c) Design of and engineering techniques involved in a 
facility for the disposal of radioactive waste.
  2.  Assure the quality of techniques and procedures used 
in research involving radioactive waste and of any 
information developed as a result of the research.
  3.  Analyze the geological and technical information which 
would affect the feasibility and safety of locating a 
facility for the disposal of radioactive waste in this 
state.
  4.  Perform any other duties assigned to him by the 
[executive director.] \administrator.\\
  Sec. 7.  NRS 459.0098 is hereby amended to 
read as follows:
  459.0098  The \deputy \\administrator of the 
[division] \bureau\\ of planning shall:
  1.  Coordinate activities between the agency, political 
subdivisions of the state and affected state agencies.
  2.  Disseminate information to the state, interested 
political subdivisions of the state or any agency of either 
and members of the public regarding radioactive waste.
  3.  Study the effects of a facility for the disposal of 
radioactive waste upon transportation and social and 
economic conditions in this state.
  4.  Assess the means of mitigating the adverse effects of 
a facility for the disposal of radioactive waste.
  5.  Perform any other duties assigned to him by the 
[executive director.] \administrator.\\
  Sec. 8.  NRS 231.510 is hereby amended to read 
as follows:
  231.510  The director of the office of science, 
engineering and technology:
  1.  May serve as a member of the Nevada Industry, Science, 
Engineering and Technology, Inc.
  2.  Shall work in coordination with the commission on 
economic development to establish criteria and specific 
goals for economic development and diversification in this 
state in the areas of science, engineering and technology.
  3.  Shall establish and carry out policies to:
  (a) Ensure that projects and resources located in this 
state relating to science, engineering and technology are 
managed and coordinated to provide the greatest benefit to 
residents of this state.
  (b) Recommend alternative uses of the Nevada Test Site 
that most effectively utilize the technology that is 
available at the site.
  (c) Establish programs that develop and enhance the 
scientific and mathematical skills of pupils in this state.
  (d) Coordinate the activities of the various agencies of 
the state to bring advanced technological programs that are 
federally funded or operated into this state.
  (e) Provide technical assistance to the commission on 
economic development and local authorities to bring advanced 
technology into this state.
  (f) Provide advice and assistance to businesses and 
industries located in this state.
  4.  Shall not overlap or duplicate any work performed by 
the state climatologist, state engineer, state health 
officer or the [executive director] \administrator 
\\of the agency for nuclear projects.
  Sec. 9.  NRS 232.070 is hereby amended to read 
as follows:
  232.070  1.  As executive head of the department, the 
director is responsible for the administration, through the 
divisions and other units of the department, of all 
provisions of law relating to the functions of the 
department, except functions assigned by law to the state 
environmental commission or the state conservation 
commission.
  2.  Except as provided in subsection 4, the director 
shall:
  (a) Establish [departmental] \the\\ goals, 
objectives and priorities [.] \of the department.\\
  (b) Approve [divisional] \the\\ goals, objectives 
and priorities [.] \of each division of the department 
and the agency for nuclear projects.\\
  (c) Approve [divisional and departmental] \the\\ 
budgets, legislative proposals, contracts, agreements and 
applications for federal assistance [.] \of the 
department, each division and the agency for nuclear 
projects.\\ 
  (d) Coordinate [divisional programs] within the department 
\the programs of each division and the agency for 
nuclear projects,\\ and coordinate [departmental 
and divisional] \the\\ programs \of the 
department, each division and the agency for nuclear 
projects\\ with other departments and with other levels 
of government.
  (e) Appoint the executive head of each division within the 
department.
  (f) Delegate to the executive heads of the divisions 
\and the administrator of the agency for nuclear 
projects\\ such authorities and responsibilities as he 
deems necessary for the efficient conduct of the business of 
the department.
  (g) Establish new administrative units or programs which 
may be necessary for the efficient operation of the 
department, and alter departmental organization and reassign 
responsibilities as he deems appropriate.
  (h) From time to time adopt, amend and rescind such 
regulations as he deems necessary for the administration of 
the department.
  3.  Except as \otherwise\\ provided in subsection 
4, the director may enter into cooperative agreements with 
any federal or state agency or political subdivision of the 
state, or any public or private institution located in or 
outside the State of Nevada, or any person, corporation or 
association, in connection with studies and investigations 
pertaining to any activities of the department.
  4.  This section does not confer upon the director any 
powers or duties which are delegated by law to the state 
environmental commission or the state conservation 
commission, but the director may foster cooperative 
agreements and coordinate programs and activities involving 
the powers and duties of the commissions.
  5.  All gifts of money and other property which the 
director is authorized to accept must be accounted for in 
the department of conservation and natural resources gift 
fund which is hereby created as a trust fund.
  Sec. 10.  This act becomes effective on July 
1, 1995.

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