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AB 40

Relating to: school safety grants and making an appropriation. (FE)

2025-2026 Regular Session Introduced by Scott Allen and 17 co-sponsors

AB 40 gives Nevada authority to act quickly on imminent mining, solid-waste, and hazardous-waste hazards and to recover cleanup costs via emergency orders, liens, and bonds.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · AB 40

AB 40 — Revises various provisions relating to environmental hazards (BDR 46‑265)

Status: Enacted — Approved by the Governor (Chapter 220). Introduced: Dec 2, 2024. Approved: June 3, 2025.

Main purpose / intent

AB 40 updates Nevada law to strengthen the State’s authority to prevent, respond to, and recover costs from imminent or ongoing environmental hazards arising from mining operations, solid waste management facilities, and hazardous‑waste management (including recycling). Key aims are (1) to authorize prompt state intervention where process fluids or other activities pose imminent danger to health, safety, or the environment, (2) to ensure adequate financial responsibility and cost‑recovery tools for the State, and (3) to modernize permitting and regulatory coverage for a broader set of solid‑waste and hazardous‑waste management activities.

Key provisions (high level)

  • Mining / reclamation (NRS Chapter 519A, Sections 1–20)

    • Adds definitions (facility, process fluid, fluid management system, stabilize, etc.).
    • Expands “reclamation” to include stabilization of process fluids.
    • Authorizes the Division of Environmental Protection (NDEP) to issue an immediate order (temporary suspension of all or part of a reclamation permit) where it has reasonable cause to believe a permit holder is violating or about to violate reclamation law and an imminent danger exists.
    • Order details/appeal: NDEP must specify factual basis, suspended permit portions, and corrective actions; a hearing must be held no later than 10 business days and a decision issued within 5 business days after the hearing.
    • NDEP may enter a site to stabilize process fluids; costs incurred may be recovered from bond/surety or by other means.
    • NDEP is authorized to place liens on real and personal property at a facility to secure unrecovered costs incurred for stabilization/reclamation or to secure surety/bond deficiencies. Lien procedures require notice, filing (county recorder / Secretary of State as applicable), and are limited in amount to unrecovered costs or defined valuation limits.

  • Solid waste (NRS 444 provisions)

    • Creates/defines “solid waste management facility” (any place engaging in activities related to a solid‑waste management system) and requires permits to construct/operate such facilities.
    • Directs the State Environmental Commission to adopt regulations for: activities that constitute solid waste management facilities and financial responsibility standards that owners/operators must demonstrate.
    • Allows certain permit requirements (closure standards, financial responsibility) to be satisfied by an appropriate reclamation plan in some cases.
    • Prohibits municipal solid waste landfills from accepting hazardous waste from “very small quantity generators” (newly defined).

  • Hazardous waste (NRS 459 provisions)

    • Expands the statutory framing from disposal to broader “management” of hazardous waste and defines “recycling” of hazardous waste within that scheme.
    • Applies existing permit, reporting, financial responsibility, civil/criminal penalty and disciplinary frameworks to recycling and other managed hazardous‑waste activities where applicable.
    • Authorizes liens for costs incurred by NDEP or a solid waste authority when responding to imminent hazards from hazardous‑waste management.

Who is affected

  • Permit holders for mining operations and exploration projects (new stabilization, permit suspension, and lien exposure).
  • Owners/operators of municipal solid waste landfills and newly‑defined solid waste management facilities (new permitting, financial responsibility, and compliance duties).
  • Entities managing/recycling hazardous waste (expanded regulatory coverage and potential penalties).
  • NDEP and local solid waste management authorities (expanded enforcement tools and regulatory duties).
  • Potential local fiscal and criminal impacts: fiscal notes indicate state costs and that the measure “increases or newly provides for term of imprisonment in county or city jail or detention facility” for specified violations.

Procedural/implementation notes

  • The bill was amended several times (Assembly Amendment No. 50; NDEP conceptual/amendments; Senate Amendment No. 630) to narrow lien triggers, clarify order mechanics, and refine federal plan interactions.
  • For mining projects on federal land, a federally approved plan of operations and surety may supersede or substitute state permit/bond requirements if the applicant submits the federal plan and reclamation estimate and remedies inconsistencies identified by NDEP.
  • Order/appeal timelines: NDEP’s emergency order becomes effective immediately; hearing within 10 business days; NDEP decision within 5 business days after hearing; permit reinstatement conditioned on correction of violations and repayment/compensation for state costs (usually from bond or surety).
  • Lien mechanics: NDEP must give notice of intent, file lien within statutory windows, and file in public records (county recorder or Secretary of State) consistent with statutory procedures.

Potential impacts / tradeoffs

  • Strengthens the State’s ability to act quickly to address imminent environmental dangers and to secure cost recovery when permittees cannot or will not remediate.
  • Imposes additional compliance, permitting, financial assurance, and potential liability (including liens and disciplinary/criminal sanctions) on operators in mining, solid waste, and hazardous‑waste sectors.
  • Gives NDEP and local authorities greater regulatory discretion to define and regulate emerging waste‑management activities via State Environmental Commission rulemaking.

For detailed statutory text and exact statutory cross‑references, consult the enrolled chapter (Chapter 220, 2025) and the final NRS amendments enacted by AB 40.

Compiled from official sources — confirm details with the bill’s official record.

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