HOUSE BILL NO. 593

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Bill Status



H0593.........................................by RESOURCES AND CONSERVATION
DAMS - CONSTRUCTION - Amends existing law to provide for a minimum fee in
addition to the amount set forth in the fee schedule based upon reservoir
storage capacity for dam safety design work by the Department of Water
Resources.
                                                                        
01/30    House intro - 1st rdg - to printing
02/02    Rpt prt - to Res/Con
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 58-5-7
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bell, Black, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Henbest, Jaquet, Kellogg, Lake, Langhorst, Martinez,
      McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Barrett, Harwood, Kulczyk, Langford, McKague
      Absent and excused -- Bedke, Crow, Deal, Jones, Sali, Schaefer, Mr.
      Speaker
    Floor Sponsor - Sayler
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Res/Env
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Cameron, Noh, Stennett, Williams
    Floor Sponsor - Burtenshaw
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 169
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 593
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DAM SAFETY DESIGN REVIEW FEES;  AMENDING  SECTION  42-1713,  IDAHO
  3        CODE,  TO PROVIDE FOR A MINIMUM FEE IN ADDITION TO THE AMOUNT SET FORTH IN
  4        THE FEE SCHEDULE BASED ON RESERVOIR STORAGE CAPACITY AND TO MAKE TECHNICAL
  5        CORRECTIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 42-1713, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        42-1713.  FEES. Fees provided for in this act chapter shall be required of
 10    all  enumerated  in  the  definition  of  owner. Fees for an enlargement to an
 11    existing dam or mine tailings impoundment structure shall be  based  upon  the
 12    increase  in  storage  capacity or tailings storage capacity. Fees for altera-
 13    tions or repairs of an existing dam or  mine  tailings  impoundment  structure
 14    shall  be  based on an estimate, made by the director, of costs of inspections
 15    to be made, however, in no case shall such fees exceed  that  which  would  be
 16    required  by  the  fee  schedule  for construction of the dam or mine tailings
 17    impoundment structure.
 18        The fee for construction of a dam or mine tailings impoundment  structure,
 19    or for enlarging an existing dam or mine tailings impoundment structure, shall
 20    be two hundred dollars ($200) plus the following amount:
 21        (a)  For  one  thousand  (1,000)  acre-feet  capacity or less, ten dollars
 22    ($10.00) for each ten (10) acre-feet or part thereof.
 23        (b)  For over one thousand (1,000) acre-feet capacity  but  not  exceeding
 24    ten  thousand  (10,000) acre-feet capacity, one thousand dollars ($1,000) plus
 25    one dollar ($1.00) for each ten (10) acre-feet or part thereof over the  first
 26    one thousand (1,000) acre-feet capacity.
 27        (c)  For  storage  in excess of ten thousand (10,000) acre-feet, one thou-
 28    sand nine hundred dollars ($1,900) plus twenty cents (20) for each  ten  (10)
 29    acre-feet  or  part  thereof  over  the  first ten thousand (10,000) acre-feet
 30    capacity. In no case, however, shall the fee be more than six thousand dollars
 31    ($6,000).
 32        All plans, drawings and specifications shall  not  be  considered  by  the
 33    department  until  the  filing  fee  is  received.  All moneys received by the
 34    department under the provisions of this chapter  shall  be  deposited  in  the
 35    water administration fund created under section 42-238a, Idaho Code, and shall
 36    be  available  to  the  department  in carrying out the provisions of this act
 37    chapter. Fees submitted shall not be refunded.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13461
The purpose of this legislation is to amend Section 42-1713, Idaho
Code, to provide for a minimum fee in addition to the amount
currently set forth in the fee schedule that is based on reservoir
storage capacity.  Section 42-1713 provides for collecting fees to
perform design review for the construction of new dams or
alterations to existing dams.  Most of the applications received
are for dams of relatively small storage capacity, and since the
current fee schedule is based only on reservoir capacity, the fees
currently received are very small.  Design review for these dams,
however, can require many man-hours of time, which is not reflected
in the collected fees.  This legislation will add a minimum amount
of $200.00 that will be additive to the application fee currently
based on storage capacity of the reservoir.




                         FISCAL  IMPACT
Enactment of this legislation will not directly affect the state's
general fund or other state or local funds, but would result in
increased fee revenues to the Department that would be available to
carry out the provisions of the Dam Safety Act.





CONTACT   
Name:     Karl J. Dreher
Agency:   Department of Water Resources
Phone:    (208) 327-7910

Statement of Purpose/Fiscal Impact                    H 593