Title 40

NRS 445B.918 “Independent truck operator” defined. “Independent truck operator” means a person who is the owner or operator of a medium-duty or heavy-duty vehicle that is hired as a third-party contractor to transport goods for a commercial entity. (Added to NRS by 2023, 1535)

NRS 445B.920 “Medium-duty or heavy-duty vehicle” defined. “Medium-duty or heavy-duty vehicle” means any medium-duty vehicle or heavy-duty vehicle that: 1. Has a gross vehicle weight rating of more than 8,500 pounds; or 2. Is classified as having a gross vehicle weight rating clas…

NRS 445B.922 “Original equipment manufacturer” defined. “Original equipment manufacturer” means a company that builds or assembles the completed drivetrain and chassis of a medium-duty or heavy-duty vehicle. (Added to NRS by 2023, 1535)

NRS 445B.924 “Repowered vehicle” defined. “Repowered vehicle” means a medium-duty or heavy-duty vehicle that was previously powered by diesel or gasoline which has been upfitted or retrofitted by an upfit manufacturer to be powered by a battery electric or fuel cell electric powe…

NRS 445B.926 “Upfit manufacturer” defined. “Upfit manufacturer” means a company that installs equipment on the rolling chassis of a medium-duty or heavy-duty vehicle that was purchased from an original equipment manufacturer to switch the power source of the vehicle from diesel o…

NRS 445B.928 Creation and administration of Account for Clean Trucks and Buses; use of money in Account; agreement concerning use of certain federal money; acceptance of gifts, grants, donations and bequests. 1. The Account for Clean Trucks and Buses is hereby created in the Stat…

NRS 445B.930 Creation and administration of Program; oversight and administration of federal money; requirements to receive incentive; amount of incentives. 1. The Clean Trucks and Buses Incentive Program is hereby created for the purpose of awarding incentives to eligible entiti…

NRS 445B.932 Regulations. The Commission shall adopt regulations to carry out the Clean Trucks and Buses Incentive Program in accordance with the provisions of NRS 445B.900 to 445B.936, inclusive. Any such regulations adopted by the Commission pursuant to this section must be con…

NRS 445B.934 Review and approval of application; issuance and redemption of vouchers. [Effective on the date that the permanent regulations required to be adopted by NRS 445B.932 are filed with the Secretary of State.] 1. The Division shall review the applications submitted in ac…

NRS 445B.936 Reports. 1. An entity that receives an incentive for the purchase of a clean truck or bus from the Clean Trucks and Buses Incentive Program must submit written reports to the Division in accordance with the regulations adopted by the Commission pursuant to subsection…

NRS 445C.010 Definitions. As used in NRS 445C.010 to 445C.120, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445C.020 to 445C.060, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1997, 1074; A 2015, 3607)

NRS 445C.020 “Environmental audit” defined. “Environmental audit” means an examination of the materials or practices at a regulated facility that is conducted by a regulated person or an agent of a regulated person and that is specifically designed to: 1. Produce systematic, docu…

NRS 445C.030 “Environmental requirement” defined. “Environmental requirement” means a requirement contained in NRS 444.440 to 444.645, inclusive, 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, 459.700 to 459.856, inclusive, or 519…

NRS 445C.040 “Regulated facility” defined. “Regulated facility” means an area, building, tank or other facility that is subject to an environmental requirement. (Added to NRS by 1997, 1074)

NRS 445C.050 “Regulated person” defined. “Regulated person” means the owner or operator of a regulated facility. (Added to NRS by 1997, 1075)

NRS 445C.060 “Regulatory agency” defined. “Regulatory agency” means: 1. The State Environmental Commission; 2. The State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department; 3. A district board of health acting as a soli…

NRS 445C.070 Mitigating factors considered by court in determining criminal penalty for violation; written agreement regarding environmental audit may be modified; authority of regulatory agency not limited by mitigation of criminal penalty. 1. Except as otherwise provided in sub…

NRS 445C.080 Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability. 1. Except as otherwise pr…

NRS 445C.090 Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation. The presumption against administrative or civil liability set forth in NRS 445C.080 is rebutted to the extent it is established that: 1. The violation of an…

NRS 445C.100 Administrative or civil proceedings for violation: Burdens of proof. In an administrative or civil proceeding for a violation of an environmental requirement: 1. A regulated person who claims to have made a voluntary examination and disclosure pursuant to an audit ag…

NRS 445C.110 Environmental audit: Privileged; exceptions. 1. Except as otherwise provided in this section, an environmental audit conducted pursuant to the provisions of NRS 445C.010 to 445C.120, inclusive, shall be deemed privileged and is not admissible in an administrative pro…

NRS 445C.120 Regulations; court or administrative hearing officer not to consider failure to conduct environmental audit in determining liability for violation. 1. A regulatory agency may adopt regulations to carry out the provisions of NRS 445C.010 to 445C.120, inclusive. 2. The…

NRS 445C.150 Definitions. As used in NRS 445C.150 to 445C.410, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445C.160 to 445C.280, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2015, 3601)

NRS 445C.160 “Board” defined. “Board” means the Board to Review Claims. (Added to NRS by 2015, 3601)

NRS 445C.170 “Department” defined. “Department” means the Department of Motor Vehicles. (Added to NRS by 2015, 3601)

NRS 445C.180 “Diesel fuel of grade number 1” defined. “Diesel fuel of grade number 1” means a distillate from fuel oil which is of high volatility and used in high-speed diesel engines generally operated under variations in speed and load. The term includes diesel fuel of the typ…

NRS 445C.190 “Diesel fuel of grade number 2” defined. “Diesel fuel of grade number 2” means a distillate from gas oil which is of low volatility and used in high-speed diesel engines generally operated under uniform speed and load. The term includes diesel fuel of the type “R-R,”…

NRS 445C.200 “Discharge” defined. “Discharge” means any release, leaking or spilling from a storage tank into water or soil, unless the discharge is authorized by state or federal law. (Added to NRS by 2015, 3602)

NRS 445C.210 “Division” defined. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NRS by 2015, 3602)

NRS 445C.220 “Fund” defined. “Fund” means the Fund for Cleaning Up Discharges of Petroleum. (Added to NRS by 2015, 3602)

NRS 445C.230 “Heating oil” defined. “Heating oil” means diesel fuel of grade number 1 or 2 or any other form of petroleum used in an oil-fired furnace or boiler for space heating. (Added to NRS by 2015, 3602)

NRS 445C.240 “Motor vehicle fuel” defined. “Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060. (Added to NRS by 2015, 3602)

NRS 445C.250 “Operator” defined. “Operator” means a person who: 1. Owns, controls or is responsible for the operation and management of a storage tank or a discharge from a storage tank; 2. Previously owned, controlled or was responsible for the operation and management of a stor…

NRS 445C.260 “Person” defined. “Person” includes the United States, this State, and any agency or political subdivision of this State. (Added to NRS by 2015, 3602)

NRS 445C.270 “Petroleum” defined. “Petroleum” means crude oil or any fraction thereof which is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute. (Added to NRS by 2015, 3602)

NRS 445C.280 “Storage tank” defined. “Storage tank” means any tank, and the distribution piping associated with the tank, used to store petroleum, except petroleum for use in a chemical process. (Added to NRS by 2015, 3602; A 2021, 1863)

NRS 445C.290 Legislative findings. The Legislature finds that: 1. Protection of this State’s environment, particularly its supplies of water, requires the prompt cleaning up of any discharge of petroleum from a storage tank. 2. Federal law and regulations require each operator of…

NRS 445C.300 Board to Review Claims: Creation; members; Chair; administrative assistance; compensation of members. 1. The Board to Review Claims is hereby created in the Division. The Board consists of: (a) The Administrator of the Division; (b) The Director of the Department; (c…

NRS 445C.310 Fund for Cleaning Up Discharges of Petroleum: Creation; administration by Division; adoption of regulations by Board; claims; grant program to assist in defraying cost of preventing discharges; program of assistance to assist in complying with laws relating to storag…

NRS 445C.320 Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement. Notwithstanding any provision of NRS 445C.150 to 445C.410, inclusive, to the contrary, and except as otherwise provided in this section: 1. The Division may…

NRS 445C.330 Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department. 1. Except as otherwise provided in subsection 2, the Department shall collect for deposit in the Fund a fee of 0.75 cent for each gallon of motor vehicle fuel, di…

NRS 445C.340 Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance. 1. Except as otherwise provided in subsection 2, the Division shall collect for deposit in the Fund an annual fee not to exceed $100, set by th…

NRS 445C.350 Transfer of portion of ending balance in Fund to certain accounts. If the balance in the Fund for Cleaning Up Discharges of Petroleum at the end of any fiscal year is estimated at $7,500,000 or more, the Department shall transfer: 1. An amount requested by the State …

NRS 445C.360 Report of discharge from tank required; cleanup of discharge; demonstration required for certain coverage for cleanup. 1. The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every …

NRS 445C.370 Allocation of costs resulting from discharge from certain storage tanks for heating oil. The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same premises where…

NRS 445C.380 Allocation of costs resulting from discharge from other storage tanks; additional allotments from Fund; requirement to hold public hearings under certain circumstances. 1. If the costs resulting from a discharge from any other storage tank exceed $5,000, the costs mu…