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| 2 | 2 | | |
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| 3 | 3 | | - 82nd Session (2023) |
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| 4 | 4 | | Senate Bill No. 397–Senator Cannizzaro |
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| 5 | 5 | | |
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| 6 | 6 | | CHAPTER.......... |
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| 7 | 7 | | |
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| 8 | 8 | | AN ACT relating to public safety; exempting certain railroad |
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| 9 | 9 | | companies from provisions governing operators of subsurface |
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| 10 | 10 | | installations; and providing other matters properly relating |
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| 11 | 11 | | thereto. |
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| 12 | 12 | | Legislative Counsel’s Digest: |
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| 13 | 13 | | Existing law imposes certain duties on operators of subsurface installations, |
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| 14 | 14 | | including, without limitation: (1) a requirement to join an association for operators |
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| 15 | 15 | | to receive notices regarding excavations or demolitions that are to be conducted in |
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| 16 | 16 | | an area that contains a subsurface installation owned or operated by the operator; |
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| 17 | 17 | | and (2) a requirement to assist in locating and identifying subsurface installations of |
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| 18 | 18 | | the operator that are affected by a proposed excavation or demolition. (NRS |
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| 19 | 19 | | 455.120, 455.130) This bill excludes from the definition of “operator” a railroad |
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| 20 | 20 | | company that operates more than 1,000 miles of railroad track in this State if the |
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| 21 | 21 | | subsurface installations owned, operated or maintained by the company are located |
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| 22 | 22 | | within the right-of-way of the company and are not subject to certain federal |
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| 23 | 23 | | regulations governing pipeline safety. |
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| 24 | 24 | | |
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| 25 | 25 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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| 29 | 29 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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| 30 | 30 | | |
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| 31 | 31 | | Section 1. NRS 455.096 is hereby amended to read as follows: |
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| 32 | 32 | | 455.096 “Operator” means any person who owns, operates or |
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| 33 | 33 | | maintains a subsurface installation. The term does not include [the] : |
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| 34 | 34 | | 1. The Department of Transportation [.] ; or |
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| 35 | 35 | | 2. An interstate railroad company that operates more than |
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| 36 | 36 | | 1,000 miles of railroad track in this State, if the subsurface |
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| 37 | 37 | | installations owned, operated or maintained by the company: |
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| 38 | 38 | | (a) Are located within the right-of-way of the company; and |
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| 39 | 39 | | (b) Do not include facilities subject to the jurisdiction of the |
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| 40 | 40 | | United States Department of Transportation pursuant to 49 C.F.R. |
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| 41 | 41 | | Parts 191 to 195, inclusive. |
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| 42 | 42 | | Sec. 2. This act becomes effective on July 1, 2023. |
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| 43 | 43 | | |
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| 44 | 44 | | 20 ~~~~~ 23 |
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