2005 Nevada Revised Statutes - Chapter 486A — Alternative Fuels; Clean-Burning Fuels

CHAPTER 486A - ALTERNATIVE FUELS;CLEAN-BURNING FUELS

FLEETS: USE OF ALTERNATIVE FUELS

General Provisions

NRS 486A.010 Legislativefindings.

NRS 486A.020 Definitions.[Effective through December 31, 2006.]

NRS 486A.020 Definitions.[Effective January 1, 2007.]

NRS 486A.030 Alternativefuel defined. [Effective through December 31, 2006.]

NRS 486A.030 Alternativefuel defined. [Effective January 1, 2007.]

NRS 486A.040 Bi-fueledmotor vehicle defined.

NRS 486A.050 Commissiondefined.

NRS 486A.060 Dedicatedalternative fuel motor vehicle defined.

NRS 486A.070 Departmentdefined.

NRS 486A.080 Fleetdefined.

NRS 486A.090 Flexiblefueled vehicle defined.

NRS 486A.100 Manufacturerdefined.

NRS 486A.110 Motorvehicle defined.

NRS 486A.120 Motorvehicle fuel defined.

NRS 486A.130 Stateagency defined.

NRS 486A.135 Ultralow-sulfur diesel fuel defined. [Effective through December 31, 2006.]

NRS 486A.140 Applicability.

Standards and Requirements

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

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

NRS 486A.170 Inspectionof fleets; reports.

Penalties

NRS 486A.180 Administrativefines; injunctions and other remedies; unlawful acts; deposit of moneycollected.

PROGRAM TO ENCOURAGE USE OF CLEAN-BURNING FUEL IN MOTORVEHICLES

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

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FLEETS: USE OF ALTERNATIVE FUELS

General Provisions

NRS 486A.010 Legislativefindings. The Legislature finds that:

1. Protection of the States environment, particularlythe quality of its air, requires a reduction, especially in metropolitan areas,of the contaminants resulting from the combustion of conventional fuels inmotor vehicles.

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

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

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

NRS 486A.020 Definitions.[Effective through December 31, 2006.] As usedin NRS 486A.010 to 486A.180, inclusive, unless the contextotherwise requires, the words and terms defined in NRS 486A.030 to 486A.135, inclusive, have the meaningsascribed to them in those sections.

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

NRS 486A.020 Definitions. [Effective January 1,2007.] As used in NRS 486A.010 to 486A.180, inclusive, unless the contextotherwise requires, the words and terms defined in NRS 486A.030 to 486A.130, inclusive, have the meanings ascribedto them in those sections.

(Added to NRS by 1991, 2022; A 2001, 2388; 2003, 508, effectiveJanuary 1, 2007)

NRS 486A.030 Alternativefuel defined. [Effective through December 31, 2006.] Alternativefuel means any fuel which complies with the standards and requirementsestablished by the Commission. The term includes:

1. Ultra low-sulfur diesel fuel;

2. Reformulated gasoline;

3. Diesel fuel that meets the requirements imposed bythe California Air Resources Board; and

4. Finished diesel fuel that:

(a) Meets ASTM International specification D975; and

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

which complywith any applicable regulations adopted by the United States EnvironmentalProtection Agency pursuant to the standards for the control of emissions frommotor vehicles established in the Clean Air Act Amendments of 1990, Public Law101-549, November 15, 1990.

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

NRS 486A.030 Alternative fuel defined.[Effective January 1, 2007.] Alternativefuel means any fuel which complies with the standards and requirementsestablished 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 blendstock for distillate fuels meeting ASTM International specification D6751,

which complywith any applicable regulations adopted by the United States EnvironmentalProtection Agency pursuant to the standards for the control of emissions frommotor vehicles established in the Clean Air Act Amendments of 1990, Public Law101-549, November 15, 1990.

(Added to NRS by 1991, 2022; A 2003, 509; 2005, 494, effectiveJanuary 1, 2007)

NRS 486A.040 Bi-fueledmotor vehicle defined. Bi-fueled motor vehiclemeans a motor vehicle that is capable of operating on either a clean-burningalternative fuel or a traditional fuel, including, but not limited to, gasolineor diesel fuel.

(Added to NRS by 1991, 2022)

NRS 486A.050 Commissiondefined. Commission means the StateEnvironmental Commission.

(Added to NRS by 1991, 2022)

NRS 486A.060 Dedicatedalternative fuel motor vehicle defined. Dedicated alternative fuelmotor vehicle means a motor vehicle that:

1. Operates only on an alternative fuel; or

2. Regardless of the type of fuel on which itoperates, has been certified by the United States Environmental ProtectionAgency as being in compliance with the standards for the control of emissionsfrom an ultra low-emission vehicle, or more stringent standards, as set forthin 40 C.F.R. 88.104-94 or 88.105-94.

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

NRS 486A.070 Departmentdefined. Department means the State Departmentof Conservation and Natural Resources.

(Added to NRS by 1991, 2022)

NRS 486A.080 Fleetdefined. Fleet means 10 or more motorvehicles that are owned, leased or operated by the State or a local governingbody. The term includes fleets that are used by the State, a state agency or alocal governing body. The term does not include long haul trucks for use ininterstate transportation or motor vehicles held for lease or rental to thegeneral public.

(Added to NRS by 1991, 2022)

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

(Added to NRS by 1991, 2022)

NRS 486A.100 Manufacturerdefined. Manufacturer means a company thatmakes and sells motor vehicles as its primary business. The term does notinclude companies that make or sell experimental motor vehicles or motorvehicles that are prototypes.

(Added to NRS by 1991, 2022)

NRS 486A.110 Motorvehicle defined. Motor vehicle means everyvehicle which is self-propelled, but not operated on rails, used upon a highwayfor the purpose of transporting persons or property. The term does not includea:

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 Motorvehicle fuel defined. Motor vehicle fuelhas the meaning ascribed to it in NRS365.060.

(Added to NRS by 1991, 2023)

NRS 486A.130 Stateagency defined. State agency means anagency, department, division or other entity of the State of Nevada.

(Added to NRS by 1991, 2023)

NRS 486A.135 Ultralow-sulfur diesel fuel defined. [Effective through December 31, 2006.] Ultra low-sulfur diesel fuel means diesel fuel having amaximum sulfur content of 15 parts per million by weight.

(Added to NRS by 2003, 508)

NRS 486A.140 Applicability. The provisions of NRS486A.010 to 486A.180, inclusive,do not apply to:

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

2. Any governmental agency exempted by federal statuteor 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. TheCommission shall adopt regulations necessary to carry out the provisions of NRS 486A.010 to 486A.180, inclusive, including, but notlimited to, regulations concerning:

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

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

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

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

5. The establishment of a procedure for approvingexemptions to the requirements of NRS486A.010 to 486A.180, inclusive.

6. Standards related to the use of dedicatedalternative fuel motor vehicles.

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

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

1. The Department shall:

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

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

(c) Conduct any investigation, research or studynecessary to carry out the provisions of NRS486A.010 to 486A.180, inclusive.

2. Upon request, the Department of Motor Vehiclesshall provide to the Department information contained in records ofregistration of motor vehicles.

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

NRS 486A.170 Inspectionof fleets; reports.

1. An authorized representative of the Department mayenter and inspect any fleet of 10 or more motor vehicles that is subject to therequirements of NRS 486A.010 to 486A.180, inclusive, to ascertaincompliance with the provisions of NRS486A.010 to 486A.180, inclusive,and regulations adopted pursuant thereto.

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

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

(b) Obstruct, hamper or interfere with any suchinspection.

3. If requested by the owner or lessor of a fleet ofmotor vehicles, the Department shall prepare a report of an inspection madepursuant to subsection 1 setting forth all facts determined which relate to theowners or lessors compliance with the provisions of NRS 486A.010 to 486A.180, inclusive, and any regulationsadopted pursuant thereto.

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

Penalties

NRS 486A.180 Administrativefines; injunctions and other remedies; unlawful acts; deposit of moneycollected.

1. Except as otherwise provided in subsection 4, anyperson who violates any provision of NRS486A.010 to 486A.180, inclusive,or any regulation adopted pursuant thereto, is guilty of a civil offense andshall 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 aschedule of administrative fines of not more than $1,000 for lesser violationsof any provision of NRS 486A.010 to 486A.180, inclusive, or any regulation inforce pursuant thereto.

3. Action pursuant to subsection 1 or 2 is not a barto enforcement of the provisions of NRS486A.010 to 486A.180, inclusive,and regulations in force pursuant thereto, by injunction or other appropriateremedy. The Commission or the Director of the Department may institute andmaintain in the name of the State of Nevada any such enforcement proceeding.

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

5. The Commission and the Department shall deposit allmoney collected pursuant to this section in the State General Fund. Moneydeposited in the State General Fund pursuant to this subsection must beaccounted for separately and may only be expended upon legislativeappropriation.

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

PROGRAM TO ENCOURAGE USE OF CLEAN-BURNING FUEL IN MOTORVEHICLES

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

1. After consulting with the Department of Businessand Industry, the Department may, within limits of legislative appropriationsor authorizations or grants available for this purpose, develop and carry out aprogram to provide incentives to encourage those persons who are not otherwiserequired to do so pursuant to NRS 486A.010to 486A.180, inclusive, to useclean-burning fuel in motor vehicles. The program may include, withoutlimitation, 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 motorvehicles.

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

3. As used in this section:

(a) Clean-burning fuel has the meaning ascribed toalternative fuel in 10 C.F.R. 490.2.

(b) Department means the State Department ofConservation and Natural Resources.

(c) Motor vehicle has the meaning ascribed to it in NRS 365.050.

(Added to NRS by 2001, 2388)