reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.776 - Application for license must include social security number. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

An application for the issuance of a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles issued pursuant to NRS 445B.775 must include the social security number of the applicant.
(Added to NRS by 1997, 2054)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.777 - Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Department of Motor Vehicles. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles issued pursuant to NRS 445B.775 shall submit to the Department of Motor Vehicles the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Department of Motor Vehicles shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department of Motor Vehicles.
3. A license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles may not be issued or renewed by the Department of Motor Vehicles if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department of Motor Vehicles shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2054; A 2001, 2619)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.7773 - Prohibition on denial of application based on immigration or citizenship status; alternative personally identifying number required by applicant with no social security number; confidentiality of social security or alternative personally identifying number.

1. The Department of Motor Vehicles shall not deny the application of a person for a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles pursuant to the regulations adopted pursuant to NRS 445B.775 based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 445B.776, an applicant for a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles.
3. The Department of Motor Vehicles shall not disclose to any person who is not employed by the Department of Motor Vehicles the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Department of Motor Vehicles is confidential and is not a public record for the purposes of chapter 239 of NRS.
(Added to NRS by 2019, 4345)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.778 - Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Department of Motor Vehicles receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles, the Department of Motor Vehicles shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department of Motor Vehicles receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department of Motor Vehicles shall reinstate a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles that has been suspended by a district court pursuant to NRS 425.540 if the Department of Motor Vehicles receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2054; A 2001, 2620)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.780 - Program for regulation of emissions from heavy-duty motor vehicles; equipment used to measure emissions; waiver from requirements of program.

1. The Commission shall, by regulation, establish a program for the regulation of smoke and other emissions by inspection of heavy-duty motor vehicles that are powered by diesel fuel or motor vehicle fuel.
2. The Commission shall adopt regulations concerning:
(a) The equipment used to measure smoke and other emissions of heavy-duty motor vehicles.
(b) The granting of a waiver if compliance involves repair and equipment costs which exceed the limits established by the Commission. The Commission shall establish the limits in a manner which avoids unnecessary financial hardship to owners of heavy-duty motor vehicles.
3. As used in this section, "heavy-duty motor vehicle" means a motor vehicle that has a manufacturer’s gross vehicle weight rating of 14,001 pounds or more. The term does not include a passenger car.
(Added to NRS by 1991, 2018; A 2003, 599; 2009, 1326)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.785 - Regulations of Department of Motor Vehicles: Licensing of stations; performance of inspection and issuance of evidence of compliance; diagnostic equipment; fee, bond or insurance; informational pamphlet; distribution.

1. The Department of Motor Vehicles shall, in cooperation with the Commission, adopt regulations which:
(a) Prescribe requirements for licensing authorized inspection stations, authorized stations and fleet stations. The regulations adopted pursuant to this paragraph must provide that a facility licensed as an authorized inspection station:
(1) Except as otherwise provided in subparagraph (2), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.
(2) May perform the following activities in connection with a motor vehicle:
(I) The changing of oil;
(II) The replacing of an oil filter, air filter, fuel filter, belt or hose; and
(III) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
(b) Prescribe the manner in which authorized inspection stations, authorized stations and fleet stations inspect motor vehicles and issue evidence of compliance.
(c) Prescribe the diagnostic equipment necessary to perform the required inspection. The regulations must ensure that:
(1) The equipment complies with any applicable standards of the United States Environmental Protection Agency; and
(2) Use of the equipment is specifically authorized by the Commission.
(d) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445B.700 to 445B.815, inclusive.
(e) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet must contain information explaining the reasons for and the methods of the inspections.
2. The Department of Motor Vehicles shall issue a copy of the regulations to each authorized inspection station, authorized station and fleet station.
3. If an approved inspector who has paid a fee for the initial issuance of a license to inspect motor vehicles and devices for the control of pollution wishes to be licensed at one or more locations in addition to the location for which the initial issuance of the license was applicable, the regulations adopted by the Department of Motor Vehicles pursuant to this section must not impose a fee greater than $2 for the issuance and renewal of the license for each additional location.
(Added to NRS by 1977, 919; A 1979, 1034; 1985, 1993; 1993, 2857; 2001, 2620; 2005, 2323; 2007, 3233; 2015, 79; 2021, 2174)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.790 - Regulations concerning inspection of stations; grounds for denial, suspension or revocation of license of inspector or station.

1. The Department of Motor Vehicles shall, by regulation, establish procedures for inspecting authorized inspection stations, authorized stations and fleet stations, and may require the holder of a license for an authorized inspection station, authorized station or fleet station to submit any material or document which is used in the program to control emissions from motor vehicles.
2. The Department may deny, suspend or revoke the license of an approved inspector, authorized inspection station, authorized station or fleet station if:
(a) The approved inspector or the holder of a license for an authorized inspection station, authorized station or fleet station is not complying with the provisions of NRS 445B.700 to 445B.815, inclusive.
(b) The holder of a license for an authorized inspection station, authorized station or fleet station refuses to furnish the Department with the requested material or document.
(c) The approved inspector has issued a fraudulent certificate of compliance, whether intentionally or negligently. A "fraudulent certificate" includes, but is not limited to:
(1) A backdated certificate;
(2) A postdated certificate; and
(3) A certificate issued without an inspection.
(d) The approved inspector does not follow the prescribed test procedure.
(Added to NRS by 1977, 919; A 1979, 1034; 1985, 1994; 1993, 2857; 1995, 94; 2001, 2620; 2003, 1412; 2015, 80; 2019, 2914, 4345)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.795 - Compulsory program for control of emissions: Limitations.

The authority set forth in NRS 445B.770 providing for a compulsory inspection program is limited as follows:
1. In a county whose population is 100,000 or more, the following categories of motor vehicles which are powered by motor vehicle fuel or special fuel and require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration:
(a) All passenger cars;
(b) Light-duty motor vehicles;
(c) Heavy-duty motor vehicles that are powered by diesel fuel and have a manufacturer’s gross vehicle weight rating which does not exceed 14,000 pounds; and
(d) Heavy-duty motor vehicles that are powered by motor vehicle fuel or special fuel, excluding diesel fuel.
2. In areas which have been designated by the Commission for inspection programs and which are located in counties whose populations are 100,000 or more, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.
3. In designated areas in other counties where the Commission puts a program into effect, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.
4. The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the Commission.
5. Before carrying out the inspections of vehicles required pursuant to the regulations adopted by the Commission pursuant to NRS 445B.770, the Commission shall, by regulation, adopt testing procedures and standards for emissions for those vehicles.
(Added to NRS by 1975, 1408; A 1977, 921; 1979, 989; 1981, 1046; 1983, 1363; 1991, 2019; 1995, 95; 2003, 600; 2009, 1327)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.798 - Authority of Department of Motor Vehicles, in larger counties, to conduct test of emissions from motor vehicle being operated on highway.

Notwithstanding subsection 3 of NRS 445B.825, in a county whose population is 100,000 or more, the Department of Motor Vehicles may conduct a test of the emissions from a motor vehicle which is being operated on a highway in that county to determine whether the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto.
(Added to NRS by 1995, 2353; A 2001, 2621; 2021, 2175)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.800 - Evidence of compliance: Requirements for registration, sale or long-term lease of used vehicles in certain counties.

1. Subject to any applicable limitation of NRS 445B.700 to 445B.815, inclusive, and any regulation adopted pursuant thereto, no used motor vehicle which requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 may be registered unless the application for registration is accompanied by evidence of compliance issued by any authorized inspection station, authorized station or fleet station certifying that the vehicle is equipped with devices for the control of pollution from motor vehicles required by federal regulation or such other requirements as the Commission may by regulation prescribe under the provisions of NRS 445B.700 to 445B.845, inclusive.
2. If:
(a) A seller of a used vehicle is required to complete a dealer’s report of sale pursuant to the provisions of NRS 482.424; or
(b) A long-term lessor of a used vehicle is required to complete a long-term lessor’s report of lease pursuant to the provisions of NRS 482.4245,
the seller or long-term lessor shall also provide the buyer or long-term lessee with any evidence of compliance required pursuant to subsection 1, and shall deliver that evidence of compliance to a used vehicle buyer together with the dealer’s report of sale issued pursuant to NRS 482.424 or 482.4245, indicating that the used vehicle purchased or leased meets the engine emission standards for the year, make and model of the used vehicle as established by regulation pursuant to NRS 445B.770.
3. A seller or long-term lessor of a used vehicle is not entitled to a waiver of the provisions of subsection 2.
4. The requirements of this section apply only:
(a) To passenger cars and light-duty motor vehicles which use diesel fuel and are based in a county whose population is 100,000 or more; and
(b) In counties where a program of inspecting and testing motor vehicles and systems for the control of emissions from motor vehicles has been implemented pursuant to NRS 445B.770.
(Added to NRS by 1973, 1703; A 1975, 1074, 1407; 1977, 921; 1991, 2020; 1993, 1395, 2858; 1995, 95, 727, 2353; 2007, 3233)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.807 - Consignment auction: Qualifying event; certification of auctioneer; regulations.

1. To qualify as a consignment auction for the purposes of subsection 5 of NRS 445B.805, an event must be:
(a) A live auction with an auctioneer verbally calling for and accepting bids; or
(b) An auction conducted on an auction website on the Internet by a person who is certified pursuant to subsection 2 and who is:
(1) A vehicle dealer licensed pursuant to NRS 482.325; or
(2) A salvage pool licensed pursuant to NRS 487.410.
2. A person may obtain certification for the purposes of paragraph (b) of subsection 1 by:
(a) Applying to the Department of Motor Vehicles;
(b) Providing evidence satisfactory to the Department that the person is licensed as a vehicle dealer pursuant to NRS 482.325 or as a salvage pool pursuant to NRS 487.410;
(c) Providing evidence satisfactory to the Department that at least 51 percent of the motor vehicles sold by the person in the calendar year immediately preceding the date of the person’s application were sold on behalf of another person and were sold using:
(1) A live auction with an auctioneer verbally calling for and accepting bids; or
(2) An auction conducted on an auction website on the Internet by the person; and
(d) Providing any other information or documentation required by the Department.
3. The Department may adopt any regulations necessary to carry out the provisions of this section, including, without limitation, providing procedures for the application for and the granting of a certification pursuant to this section and providing for the expiration and renewal of the certification.
(Added to NRS by 2013, 1860; A 2015, 127; 2019, 190)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.810 - State Department of Conservation and Natural Resources to provide assistance.

In furtherance of the provisions of NRS 445B.700 to 445B.845, inclusive, and the enforcement thereof, the State Department of Conservation and Natural Resources shall consult with the Department of Motor Vehicles and furnish it with technical information, including testing techniques, procedures for quality assurance and standards adopted by the Commission, and instruction for emission control features and equipment.
(Added to NRS by 1973, 1704; A 1973, 1406; 1977, 922, 1038, 1143; 1985, 1994; 2001, 2621)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.815 - Evidence of compliance: Duty of employees and agents of Department of Motor Vehicles; submission by owner or lessee of fleet.

1. Except as otherwise provided in subsection 2, persons employed at branch offices of the Department of Motor Vehicles and the offices of county assessors who are acting as agents of the Department in the collection of fees for registration shall not register:
(a) A passenger car or light-duty motor vehicle which:
(1) Uses motor vehicle fuel or special fuel;
(2) Is based in a county whose population is 100,000 or more; and
(3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770;
(b) A heavy-duty motor vehicle having a manufacturer’s gross vehicle weight rating which does not exceed 14,000 pounds, that:
(1) Uses diesel fuel;
(2) Is based in a county whose population is 100,000 or more; and
(3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770;
(c) A heavy-duty motor vehicle that:
(1) Uses motor vehicle fuel or special fuel, excluding diesel fuel;
(2) Is based in a county whose population is 100,000 or more; and
(3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; or
(d) A vehicle which:
(1) Is based in an area of this State designated by the Commission; and
(2) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770,
until evidence of compliance with NRS 445B.700 to 445B.845, inclusive, has been provided.
2. An owner or lessee of a fleet of three or more vehicles may, upon application to the Department of Motor Vehicles, submit evidence of compliance for those motor vehicles in a manner determined by that Department.
(Added to NRS by 1973, 1704; A 1977, 922; 1985, 1995; 1991, 2020; 1995, 96; 2001, 2621; 2003, 601; 2009, 1327)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.820 - Installation and inspection of pollution control device.

Any person may install a motor vehicle pollution control device, but no person who is not employed by an authorized station or fleet station may install a device for compensation. No such device shall be deemed to meet the requirements of NRS 445B.770 to 445B.815, inclusive, or regulations of the Commission or Department unless it has been inspected in an authorized inspection station, authorized station or fleet station, and evidence of compliance has been issued by that station.
(Added to NRS by 1973, 1704; A 1977, 922; 1993, 2858; 2015, 80)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.825 - Exemption of certain classes of motor vehicles and hybrid electric vehicles; waiver from provisions of NRS 445B.770 to 445B.815, inclusive.

1. The Commission may provide for exemption from the provisions of NRS 445B.770 to 445B.815, inclusive, of designated classes of motor vehicles, including, without limitation, classes based upon the year of manufacture of motor vehicles.
2. A hybrid electric vehicle, as defined in 40 C.F.R. § 86.1803-01, is exempt from the provisions of NRS 445B.770 to 445B.815, inclusive, until the model year of the vehicle is 6 years old.
3. A new motor vehicle is exempt from the test conducted pursuant to NRS 445B.798 and the provisions of NRS 445B.770 to 445B.815, inclusive, until the fourth registration of the motor vehicle. If the Department of Motor Vehicles conducts a test pursuant to NRS 445B.798, the Department of Motor Vehicles shall conduct the test pursuant to NRS 445B.798 to determine whether the motor vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto, annually after the fourth registration of the motor vehicle.
4. The Commission shall provide for a waiver from the provisions of NRS 445B.770 to 445B.815, inclusive, if compliance involves repair and equipment costs which exceed the limits established by the Commission. The Commission shall establish the limits in a manner which avoids unnecessary financial hardship to motor vehicle owners.
5. As used in this section, "new motor vehicle" means a motor vehicle that has never been registered with the Department of Motor Vehicles and has never been registered with the appropriate agency or authority of any other state, the District of Columbia, any territory or possession of the United States or a foreign state, province or country.
(Added to NRS by 1973, 1704; A 1977, 923; 2007, 779; 2021, 2175)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.832 - Surcharge for electronic transmission of information: Authority to impose; inclusion as separate entry on form certifying emission control compliance; definition.

1. If an authorized station or authorized inspection station is required to collect a fee pursuant to subsection 1 of NRS 445B.830, the station may charge a customer whose vehicle is inspected by the station the amount of any electronic transmission surcharge that the station incurs to obtain information which the station is required by law to obtain with respect to that customer’s vehicle.
2. An electronic transmission surcharge that is charged to a customer pursuant to subsection 1 must be set forth as a separate entry on the form certifying emission control compliance which the authorized station or authorized inspection station provides to the customer.
3. As used in this section, "electronic transmission surcharge" means the amount that an authorized station or authorized inspection station is required to pay to a contractor who owns or operates a database for the identification of vehicles for the transmission of information regarding a particular vehicle from the database to the authorized station or authorized inspection station.
(Added to NRS by 2001, 2680)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.834 - Additional fee for form certifying emission control compliance; notification to Department concerning purposes of fee; uses of fee.

1. The board of county commissioners of a county whose population is 100,000 or more may by ordinance impose an additional fee for each form certifying emission control compliance.
2. If a board of county commissioners imposes an additional fee pursuant to subsection 1, the board of county commissioners shall notify the Department of Motor Vehicles for the purposes of collecting and distributing the additional fee pursuant to subsection 7 of NRS 445B.830.
3. If a board of county commissioners imposes an additional fee pursuant to subsection 1, the board shall:
(a) Subject to the provisions of paragraph (b), use any money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle; and
(b) Allocate at least 50 percent of any money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle for the benefit of historically underserved communities.
4. As used in this section:
(a) "Additional fee" does not include any fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 445B.830.
(b) "Block" means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.
(c) "Block group" means a combination of blocks whose numbers begin with the same digit.
(d) "Census tract" means a combination of block groups.
(e) "Historically underserved community" means:
(1) A census tract:
(I) Designated as a qualified census tract by the United States Secretary of Housing and Urban Development pursuant to 26 U.S.C. § 42(d)(5)(B)(ii); or
(II) In which, in the immediately preceding census, at least 20 percent of households were not proficient in the English language;
(2) A community in this State with at least one public school:
(I) In which 75 percent or more of the enrolled pupils in the school are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.; or
(II) That participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296; or
(3) A community in this State located on qualified tribal land, as defined in NRS 370.0325.
(Added to NRS by 2001, 2681; A 2021, 2177)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.835 - Administrative fine; hearing; additional remedies to compel compliance.

1. The Department of Motor Vehicles may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 445B.700 to 445B.845, inclusive, or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Pollution Control Account.
3. In addition to any other remedy provided by NRS 445B.700 to 445B.845, inclusive, the Department may compel compliance with any provision of NRS 445B.700 to 445B.845, inclusive, and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
(Added to NRS by 1991, 756; A 1993, 553; 2001, 2623; 2015, 127)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.840 - Unlawful acts.

It is unlawful for any person to:
1. Possess any unauthorized evidence of compliance;
2. Make, issue or use any imitation or counterfeit evidence of compliance;
3. Willfully and knowingly fail to comply with the provisions of NRS 445B.700 to 445B.815, inclusive, or any regulation adopted by the Department of Motor Vehicles; or
4. Issue evidence of compliance if he or she is not a licensed inspector of an authorized inspection station, authorized station or fleet station.
(Added to NRS by 1977, 919; A 1985, 1995; 1993, 2860; 2001, 2623; 2013, 1862; 2015, 128)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.845 - Criminal penalty; enforcement of provisions by peace officer; mitigation of offense.

1. A violation of any provision of NRS 445B.700 to 445B.845, inclusive, relating to motor vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845, inclusive, or any regulation adopted pursuant thereto, must be enforced by any peace officer.
2. Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.
(Added to NRS by 1973, 1705; A 1985, 1995; 2001, 2623; 2003, 601; 2013, 1862; 2015, 128; 2019, 2914, 4346)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.900 - Definitions.

As used in NRS 445B.900 to 445B.936, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445B.902 to 445B.926, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 1534)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.902 - "Clean truck or bus" defined.

"Clean truck or bus" means a medium-duty or heavy-duty vehicle that:
1. Is powered by electricity that is stored in a battery or produced by a hydrogen fuel cell; and
2. Produces zero exhaust emissions.
(Added to NRS by 2023, 1534)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.908 - "Contractor" defined.

"Contractor" means:
1. An original equipment manufacturer;
2. An upfit manufacturer; or
3. A vehicle dealership that sells clean trucks or buses and that has an agreement with an original equipment manufacturer or upfit manufacturer to sell eligible clean trucks or buses using incentives from the Clean Trucks and Buses Incentive Program.
(Added to NRS by 2023, 1534)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.912 - "Eligible entity" or "entity" defined.

"Eligible entity" or "entity" means:
1. A local government, which includes, without limitation, any county, city, district, agency, regional transportation commission, school district or other political subdivision of this State;
2. A state agency that operates a medium-duty or heavy-duty vehicle or a fleet of medium-duty or heavy-duty vehicles;
3. A nonprofit organization;
4. A commercial entity that owns a medium-duty or heavy-duty vehicle or a fleet of medium-duty or heavy-duty vehicles; or
5. An independent truck operator.
(Added to NRS by 2023, 1534)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › 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 class established by the United States Environmental Protection Agency of 2b or higher.
(Added to NRS by 2023, 1535)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › 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 powertrain.
(Added to NRS by 2023, 1535)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › 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 or gasoline to a battery electric or a fuel cell electric powertrain in order to create a repowered vehicle.
(Added to NRS by 2023, 1535)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › 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 consistent with all applicable requirements of federal law and must include, without limitation:
1. The requirements to approve a clean truck or bus as eligible for an incentive, including, without limitation:
(a) The process by which applications must be submitted to the Division to approve a clean truck or bus as eligible to receive an incentive;
(b) The contents of an application required for approval of a clean truck or bus as eligible to receive an incentive;
(c) Any specific requirements relating to the manufacturing and final assembly of clean trucks or buses that are necessary to meet any requirements of federal law for the use of federal money;
(d) Any specific requirements for repowered vehicles;
(e) Any performance requirements for eligible vehicles to meet in order to participate in the Program; and
(f) Any other necessary requirements relating to approving a clean truck or bus, as determined by the Commission.
2. The requirements to approve a contractor to participate as an approved contractor in the Program, including, without limitation:
(a) The process by which applications must be submitted by contractors to the Division;
(b) The contents of the application required to be submitted by a contractor to participate as an approved contractor;
(c) Any activities in which an approved contractor may engage under the Program; and
(d) Any other necessary requirements relating to approving a contractor, as determined by the Commission.
3. The requirements relating to entities which are eligible to receive an incentive for the purchase of an eligible clean truck or bus, including, without limitation:
(a) The process to determine the eligibility of entities to receive an incentive;
(b) Any requirements for eligible entities;
(c) The contents of the application submitted by an entity who may be eligible for an incentive and an approved contractor for a voucher from the Program;
(d) The process by which applications for a voucher are submitted and processed by the Division;
(e) The process for awarding incentives to eligible entities; and
(f) Any other necessary requirements relating to applications for and awards of incentives, as determined by the Commission.
(Added to NRS by 2023, 1538)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › 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 accordance with the regulations adopted pursuant to NRS 445B.932 on a rolling basis beginning on January 1, March 1, June 1 and September 1 of each year and, within the limits of money available from the Account for Clean Trucks and Buses for that quarter, grant applications for incentives. If an eligible entity meets the requirements for an incentive but does not receive an incentive after submitting an application, the entity must be waitlisted and granted priority to receive an incentive during the next application cycle.
2. Upon approving an application, the Division shall reserve the amount of the incentive in the Account for Clean Trucks and Buses and, except as otherwise provided in subsection 4, issue the approved contractor a voucher for that amount, which, except as otherwise provided in this subsection, is valid for a period of 1 year from the date of issuance. The approved contractor may redeem the voucher by submitting proof to the Division that the clean truck or bus has been purchased, delivered and placed into operation by the entity who received the incentive. The approved contractor may submit a request to the Division for an extension of the voucher for an additional period of 1 year.
3. The approved contractor must reduce the price of the clean truck or bus by the full amount of the voucher issued to the approved contractor and must not charge any additional fees for selling the clean truck or bus, including, without limitation, any fees associated with processing the voucher.
4. If the incremental cost of an eligible clean truck or bus is less than the incentive which an entity is eligible to receive, the Division shall reduce the value of the voucher to the incremental cost of purchasing the clean truck or bus instead of a comparable diesel-powered or gasoline-powered medium-duty or heavy-duty vehicle.
(Added to NRS by 2023, 1539, effective on the date that the permanent regulations required to be adopted by NRS 445B.932 are filed with the Secretary of State)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › 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 2.
2. The Commission shall adopt regulations establishing reporting requirements in accordance with this section for recipients of an incentive from the Program. Such regulations:
(a) May not require a recipient to submit a report more than two times each year; and
(b) May not require a recipient to submit a report for more than 3 years, unless otherwise required to comply with federal law.
3. On or before December 31 of each year, the Division shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session to the Legislative Commission, a summary of the reports submitted to the Division pursuant to this section.
(Added to NRS by 2023, 1539)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › 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)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › 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, documented and objective results;
2. Identify and prevent noncompliance with any environmental requirement; and
3. Improve compliance with such a requirement.
(Added to NRS by 1997, 1074)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › 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 519A.010 to 519A.280, inclusive, or in a regulation adopted pursuant to any of those sections.
(Added to NRS by 1997, 1074; A 2007, 1910; 2009, 1085)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › 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 solid waste management authority pursuant to NRS 444.440 to 444.620, inclusive; or
4. A district board of health, county board of health or board of county commissioners administering a program for the control of air pollution pursuant to paragraph (a) of subsection 1 of NRS 445B.500.
(Added to NRS by 1997, 1075; A 2009, 1086)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › 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 provided in NRS 445C.090, a regulated person is presumed not to be liable for an administrative or civil penalty for a violation of an environmental requirement if:
(a) The regulated person conducted an environmental audit pursuant to a written agreement with the appropriate regulatory agency and the agreement prescribed the:
(1) Scope, methods and schedule for conducting the audit; and
(2) Manner in which a violation of an environmental requirement must be reported to the regulatory agency, including, but not limited to, the number of days after the discovery of a violation that the regulated person must report the violation to the regulatory agency;
(b) The regulated person voluntarily disclosed the results of the environmental audit to the appropriate regulatory agency in accordance with the requirements of the written agreement;
(c) The regulated person or regulated facility has not been issued a citation for a violation of the environmental requirement in the immediately preceding 3 years;
(d) The regulated person entered into an enforceable agreement with the appropriate regulatory agency to:
(1) Comply, as soon as practicable after the violation, with the environmental requirement;
(2) Remedy any damage or other harm caused by the violation; and
(3) Take action to prevent a recurrence of the violation; and
(e) The environmental requirement that was violated is not a requirement for which the regulated person or regulatory facility was specifically required to comply pursuant to a judicial or administrative order or consent agreement.
2. A written agreement that prescribes the scope, methods and schedule for conducting an environmental audit may be reasonably modified if the regulated person and the regulatory agency specifically agree to the modification.
3. If a federal statute or regulation provides for the imposition of a penalty for a violation of an environmental requirement, the voluntary disclosure is, to the extent permitted under the statute or regulation, a mitigating factor in determining the amount of the penalty for the violation.
4. The presumption against administrative or civil liability does not limit the authority of a regulatory agency to order a regulated person to comply with an environmental requirement whose violation it discovered because the regulated person voluntarily disclosed the results of an environmental audit.
(Added to NRS by 1997, 1076)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › 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 environmental requirement was committed willfully or with gross negligence by the regulated person;
2. The regulated person identified and disclosed the violation of an environmental requirement in an environmental audit after the commencement of:
(a) An independent inspection or investigation of the regulated facility by a regulatory agency or other governmental entity;
(b) An administrative proceeding against the regulated person for the violation; or
(c) A civil or criminal action against the regulated person for the violation;
3. The violation resulted in serious actual harm or presented an imminent or substantial danger to the public health or the environment;
4. The environmental audit was conducted for a fraudulent purpose;
5. The regulated person obtained a significant economic benefit or advantage as a result of the violation; or
6. The regulated person conducted a previous environmental audit that disclosed the violation and he or she intentionally failed to report that violation to the appropriate regulatory agency.
(Added to NRS by 1997, 1077)
2023 Nevada Revised Statutes › Chapter 445C - Environmental Requirements; Cleanup of Discharged Petroleum › 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 agreement has the burden of establishing prima facie that the disclosure met the requirements of subsection 1 of NRS 445C.080.
2. A regulatory agency has the burden of rebutting the presumption against liability by a preponderance of the evidence.
(Added to NRS by 1997, 1077)