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- 83rd Session (2025)
Senate Bill No. 321–Senator Nguyen
CHAPTER..........
AN ACT relating to public utilities; revising provisions relating to
the civil penalty that may be imposed for violating certain
regulations adopted by the Public Utilities Commission of
Nevada; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides that a person who violates regulations adopted by the
Public Utilities Commission of Nevada in conformity with the Natural Gas Pipeline
Safety Act of 1968, 49 U.S.C. §§ 60101 et seq., is subject to a civil penalty not to
exceed $200,000 for each violation for each day that the violation persists, up to a
maximum of $2,000,000 for any re lated series of violations. (NRS 704.595)
Existing federal law and regulations establish corresponding civil penalties relating
to pipeline safety violations, the amounts of which are required to be adjusted each
year to account for inflation and currently may not exceed $272,926 for each
violation for each day the violation persists, up to a maximum of $2,729,245 for
any related series of violations. (49 U.S.C. § 60122(a); 49 C.F.R. § 190.223(a))
This bill revises the amount of the civil penalty to align w ith the amount that may
be charged for the corresponding civil penalties under federal law.
Existing law also provides that the amount of the civil penalty may be deducted
from any sum owed to the person by the State. (NRS 704.595) This bill removes
these provisions.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.595 is hereby amended to read as follows:
704.595 1. Any person who violates any provision of any
regulation adopted by the Commission in conformity with the
Natural Gas Pipeline Safety Act of 1968 , as amended, 49 U.S.C. §§
60101 et seq., or with a federal regulation adopted pursuant thereto ,
is subject to a civil penalty in an amount that may not [to exceed
$200,000 for each violation for each day that the violation persists,
but the maximum civil penalty must not exceed $2,000,000 for any
related series of violations. Unless compromised, the amount of any
such civil penalty must be determined by a court of c ompetent
jurisdiction.] be greater than the monetary amount of the
corresponding civil penalty for the applicable violation pursuant to
49 U.S.C. § 60122(a), including any adjustments made to the civil
penalty pursuant to the Federal Civil Penalties Inflat ion
Adjustment Act Improvements Act of 2015, Pub. L. 114-74.
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- 83rd Session (2025)
2. Any civil penalty may be compromised by the Commission.
In determining the amount of the penalty, or the amount agreed
upon in compromise, the appropriateness of the penalty to the size
of the business of the person charged , the gravity of the violation ,
and the good faith of the person charged in attempting to achieve
compliance, after notification of a violation, must be considered.
3. The amount of the penalty, [when finally determined,] or the
amount agreed upon in compromise, [may be deducted from any
sum owing by the State to the person charged or ] may be recovered
in a civil action in any court of competent jurisdiction.
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