USA Statutes : nevada
Title : Title 43 - PUBLIC SAFETY; VEHICLES; WATERCRAFT
Chapter : CHAPTER 486A - ALTERNATIVE FUELS; CLEAN-BURNING FUELS
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 )
[Effective through December 31, 2006.]
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.135 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1991, 2022; A 2001, 2388 ; 2003, 508 )
[Effective January 1, 2007.] 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 , effective January 1, 2007)
[Effective through
December 31, 2006.] “Alternative fuel” means any fuel which complies
with the standards and requirements established by the Commission. The
term includes:
1. Ultra low-sulfur diesel fuel;
2. Reformulated gasoline;
3. Diesel fuel that meets the requirements imposed by the
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 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 )
[Effective January 1,
2007.] “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 , effective January 1, 2007)
“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)
“Commission” means the State
Environmental Commission.
(Added to NRS by 1991, 2022)
“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 )
“Department” means the State
Department of Conservation and Natural Resources.
(Added to NRS by 1991, 2022)
“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)
“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)
“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)
“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)
“Motor vehicle fuel”
has the meaning ascribed to it in NRS 365.060 .
(Added to NRS by 1991, 2023)
“State agency” means an
agency, department, division or other entity of the State of Nevada.
(Added to NRS by 1991, 2023)
[Effective
through December 31, 2006.] “Ultra low-sulfur diesel fuel” means diesel
fuel having a maximum sulfur content of 15 parts per million by weight.
(Added to NRS by 2003, 508 )
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
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 )
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 )
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
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
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.
(c) “Motor vehicle” has the meaning ascribed to it in NRS 365.050
.
(Added to NRS by 2001, 2388 )
