NRS: CHAPTER 486A - ALTERNATIVE FUELS; CLEAN-BURNING FUELS

[Rev. 1/17/2009 7:00:21 PM]

CHAPTER 486A - ALTERNATIVE FUELS; CLEAN-BURNING FUELS

FLEETS: USE OF ALTERNATIVE FUELS

General Provisions

NRS 486A.010 Legislative findings.

NRS 486A.020 Definitions.

NRS 486A.030 “Alternative fuel” defined.

NRS 486A.040 “Bi-fueled motor vehicle” defined.

NRS 486A.050 “Commission” defined.

NRS 486A.060 “Dedicated alternative fuel motor vehicle” defined.

NRS 486A.070 “Department” defined.

NRS 486A.080 “Fleet” defined.

NRS 486A.090 “Flexible fueled vehicle” defined.

NRS 486A.100 “Manufacturer” defined.

NRS 486A.110 “Motor vehicle” defined.

NRS 486A.120 “Motor vehicle fuel” defined.

NRS 486A.130 “State agency” defined.

NRS 486A.135 “Ultra low-sulfur diesel fuel” defined. [Expired by limitation.]

NRS 486A.140 Applicability.

Standards and Requirements

NRS 486A.150 Regulations: Adoption by Commission; content and subject matter.

NRS 486A.160 Duties of Department: Issue orders; enforce regulations; conduct investigations.

NRS 486A.170 Inspection of fleets; reports.

Penalties

NRS 486A.180 Administrative fines; injunctions and other remedies; unlawful acts; deposit of money collected.

PROGRAM TO ENCOURAGE USE OF CLEAN-BURNING FUEL IN MOTOR VEHICLES

NRS 486A.200 Authority of State Department of Conservation and Natural Resources to develop and carry out program; education of members of general public; definitions.

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FLEETS: USE OF ALTERNATIVE FUELS

General Provisions

NRS 486A.010 Legislative findings. The Legislature finds that:

1. Protection of the State’s environment, particularly the quality of its air, requires a reduction, especially in metropolitan areas, of the contaminants resulting from the combustion of conventional fuels in motor vehicles.

2. A very large proportion of these contaminants results from the burning of liquid and gaseous fuels to operate trucks and buses, many of which are operated in fleets. Each fuel can be evaluated as to the air pollution it causes when burned in motor vehicles.

3. Conversion of these fleets to use cleaner-burning alternative fuels can reduce contaminants sufficiently to permit the continued use of conventional fuels in individually owned motor vehicles.

(Added to NRS by 1991, 2022; A 2003, 508)

NRS 486A.020 Definitions. As used in NRS 486A.010 to 486A.180, inclusive, unless the context otherwise requires, the words and terms defined in NRS 486A.030 to 486A.130, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1991, 2022; A 2001, 2388; 2003, 508)

NRS 486A.030 “Alternative fuel” defined. “Alternative fuel” means any fuel which complies with the standards and requirements established by the Commission. The term includes:

1. Reformulated gasoline; and

2. Finished diesel fuel that:

(a) Meets ASTM International specification D975; and

(b) Includes at least 5 percent biodiesel fuel blend stock for distillate fuels meeting ASTM International specification D6751,

Ê which comply with any applicable regulations adopted by the United States Environmental Protection Agency pursuant to the standards for the control of emissions from motor vehicles established in the Clean Air Act Amendments of 1990, Public Law 101-549, November 15, 1990.

(Added to NRS by 1991, 2022; A 2003, 509; 2005, 494)

NRS 486A.040 “Bi-fueled motor vehicle” defined. “Bi-fueled motor vehicle” means a motor vehicle that is capable of operating on either a clean-burning alternative fuel or a traditional fuel, including, but not limited to, gasoline or diesel fuel.

(Added to NRS by 1991, 2022)

NRS 486A.050 “Commission” defined. “Commission” means the State Environmental Commission.

(Added to NRS by 1991, 2022)

NRS 486A.060 “Dedicated alternative fuel motor vehicle” defined. “Dedicated alternative fuel motor vehicle” means a motor vehicle that:

1. Operates only on an alternative fuel; or

2. Regardless of the type of fuel on which it operates, has been certified by the United States Environmental Protection Agency as being in compliance with the standards for the control of emissions from an ultra low-emission vehicle, or more stringent standards, as set forth in 40 C.F.R. § 88.104-94 or 88.105-94.

(Added to NRS by 1991, 2022; A 2003, 509)

NRS 486A.070 “Department” defined. “Department” means the State Department of Conservation and Natural Resources.

(Added to NRS by 1991, 2022)

NRS 486A.080 “Fleet” defined. “Fleet” means 10 or more motor vehicles that are owned, leased or operated by the State or a local governing body. The term includes fleets that are used by the State, a state agency or a local governing body. The term does not include long haul trucks for use in interstate transportation or motor vehicles held for lease or rental to the general public.

(Added to NRS by 1991, 2022)

NRS 486A.090 “Flexible fueled vehicle” defined. “Flexible fueled vehicle” means a motor vehicle that is capable of operating on any mixture of an alternative fuel and a traditional fuel, including, but not limited to, gasoline or diesel fuel.

(Added to NRS by 1991, 2022)

NRS 486A.100 “Manufacturer” defined. “Manufacturer” means a company that makes and sells motor vehicles as its primary business. The term does not include companies that make or sell experimental motor vehicles or motor vehicles that are prototypes.

(Added to NRS by 1991, 2022)

NRS 486A.110 “Motor vehicle” defined. “Motor vehicle” means every vehicle which is self-propelled, but not operated on rails, used upon a highway for the purpose of transporting persons or property. The term does not include a:

1. Farm tractor as defined in NRS 482.035;

2. Moped as defined in NRS 482.069; and

3. Motorcycle as defined in NRS 482.070.

(Added to NRS by 1991, 2022)

NRS 486A.120 “Motor vehicle fuel” defined. “Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060.

(Added to NRS by 1991, 2023)

NRS 486A.130 “State agency” defined. “State agency” means an agency, department, division or other entity of the State of Nevada.

(Added to NRS by 1991, 2023)

NRS 486A.135 “Ultra low-sulfur diesel fuel” defined. Expired by limitation. (See chapter 83, Statutes of Nevada 2003, at page 510.)

NRS 486A.140 Applicability. The provisions of NRS 486A.010 to 486A.180, inclusive, do not apply to:

1. The owner of a fleet of motor vehicles that operates only in a county whose population is less than 100,000.

2. Any governmental agency exempted by federal statute or regulation.

3. Any person exempted by the Commission.

(Added to NRS by 1991, 2023; A 2001, 2388)

Standards and Requirements

NRS 486A.150 Regulations: Adoption by Commission; content and subject matter. The Commission shall adopt regulations necessary to carry out the provisions of NRS 486A.010 to 486A.180, inclusive, including, but not limited to, regulations concerning:

1. Standards and requirements for alternative fuel. The Commission shall not discriminate against any product that is petroleum based.

2. The conversion of fleets to use alternative fuels if the fleet is operated in a county whose population is 100,000 or more.

3. Standards for alternative fuel injection systems for diesel motor vehicles.

4. Standards for levels of emissions from motor vehicles that are converted to use alternative fuels.

5. The establishment of a procedure for approving exemptions to the requirements of NRS 486A.010 to 486A.180, inclusive.

6. Standards related to the use of dedicated alternative fuel motor vehicles.

(Added to NRS by 1991, 2023; A 2001, 2388; 2003, 509)

NRS 486A.160 Duties of Department: Issue orders; enforce regulations; conduct investigations.

1. The Department shall:

(a) Make such determinations and issue such orders as may be necessary to carry out the provisions of NRS 486A.010 to 486A.180, inclusive;

(b) Enforce the regulations adopted by the Commission pursuant to the provisions of NRS 486A.010 to 486A.180, inclusive; and

(c) Conduct any investigation, research or study necessary to carry out the provisions of NRS 486A.010 to 486A.180, inclusive.

2. Upon request, the Department of Motor Vehicles shall provide to the Department information contained in records of registration of motor vehicles.

(Added to NRS by 1991, 2023; A 2001, 2389, 2552)

NRS 486A.170 Inspection of fleets; reports.

1. An authorized representative of the Department may enter and inspect any fleet of 10 or more motor vehicles that is subject to the requirements of NRS 486A.010 to 486A.180, inclusive, to ascertain compliance with the provisions of NRS 486A.010 to 486A.180, inclusive, and regulations adopted pursuant thereto.

2. A person who owns or leases a fleet of 10 or more vehicles shall not:

(a) Refuse entry or access to the motor vehicles to any authorized representative of the Department who requests entry for the purpose of inspection as provided in subsection 1.

(b) Obstruct, hamper or interfere with any such inspection.

3. If requested by the owner or lessor of a fleet of motor vehicles, the Department shall prepare a report of an inspection made pursuant to subsection 1 setting forth all facts determined which relate to the owner’s or lessor’s compliance with the provisions of NRS 486A.010 to 486A.180, inclusive, and any regulations adopted pursuant thereto.

(Added to NRS by 1991, 2023; A 2001, 2389)

Penalties

NRS 486A.180 Administrative fines; injunctions and other remedies; unlawful acts; deposit of money collected.

1. Except as otherwise provided in subsection 4, any person who violates any provision of NRS 486A.010 to 486A.180, inclusive, or any regulation adopted pursuant thereto, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not more than $5,000. Each day of violation constitutes a separate offense.

2. The Commission shall by regulation establish a schedule of administrative fines of not more than $1,000 for lesser violations of any provision of NRS 486A.010 to 486A.180, inclusive, or any regulation in force pursuant thereto.

3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 486A.010 to 486A.180, inclusive, and regulations in force pursuant thereto, by injunction or other appropriate remedy. The Commission or the Director of the Department may institute and maintain in the name of the State of Nevada any such enforcement proceeding.

4. A person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to a person found by the court to be indigent.

5. The Commission and the Department shall deposit all money collected pursuant to this section in the State General Fund. Money deposited in the State General Fund pursuant to this subsection must be accounted for separately and may only be expended upon legislative appropriation.

(Added to NRS by 1991, 2024; A 2001, 2389; 2003, 510)

PROGRAM TO ENCOURAGE USE OF CLEAN-BURNING FUEL IN MOTOR VEHICLES

NRS 486A.200 Authority of State Department of Conservation and Natural Resources to develop and carry out program; education of members of general public; definitions.

1. After consulting with the Department of Business and Industry, the Department may, within limits of legislative appropriations or authorizations or grants available for this purpose, develop and carry out a program to provide incentives to encourage those persons who are not otherwise required to do so pursuant to NRS 486A.010 to 486A.180, inclusive, to use clean-burning fuel in motor vehicles. The program may include, without limitation, a method of educating the members of the general public concerning:

(a) The program administered by the Department; and

(b) The benefits of using clean-burning fuel in motor vehicles.

2. The Department may adopt regulations to carry out the provisions of this section.

3. As used in this section:

(a) “Clean-burning fuel” has the meaning ascribed to alternative fuel in 10 C.F.R. § 490.2.

(b) “Department” means the State Department of Conservation and Natural Resources.

(Added to NRS by 2001, 2388)