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H0149..............................................by ENVIRONMENTAL AFFAIRS BASIN ENVIRONMENTAL IMPROVEMENT PROJECT - Amends existing law to revise the duties of the Board of Commissioners of the Basin Project Commission. 02/05 House intro - 1st rdg - to printing 02/06 Rpt prt - to Env Aff 02/11 Rpt out - rec d/p - to 2nd rdg 02/12 2nd rdg - to 3rd rdg 02/13 3rd rdg - PASSED - 67-0-3 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Bieter, Jones, Wood Floor Sponsors - Shepherd, Campbell, Sayler Title apvd - to Senate 02/14 Senate intro - 1st rdg - to Res/Env 03/24 Rpt out - rec d/p - to 2nd rdg 03/25 2nd rdg - to 3rd rdg 03/31 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Bailey, Brandt, Burkett(Roberts), Bunderson, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Ingram, McWilliams, Noble Floor Sponsor - Calabretta Title apvd - to House 04/01 To enrol 04/02 Rpt enrol - Sp signed 04/03 Pres signed 04/04 To Governor Governor signed Session Law Chapter 220 Effective: 04/04/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 149 BY ENVIRONMENTAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE BASIN ENVIRONMENTAL IMPROVEMENT PROJECT COMMISSION; AMENDING 3 SECTION 39-8106, IDAHO CODE, TO REVISE THE DUTIES OF THE BOARD OF COMMIS- 4 SIONERS; AND DECLARING AN EMERGENCY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 39-8106, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-8106. BASIN PROJECT COMMISSION -- ESTABLISHMENT -- COMPOSITION -- 9 POWERS -- DUTIES -- FUNDING. (1) The basin environmental improvement project 10 commission is hereby created and shall become operational when the director of 11 the department of environmental quality, by execution of an appropriate order, 12 determines that: 13 (a) Significant funds from any source have been provided to the basin 14 improvement fund and financing authority; or 15 (b) Any one (1) or more agreements or compacts have been entered into 16 between the state of Idaho and the state of Washington, the Coeur d'Alene 17 tribe or the United States of America providing for participation in the 18 basin project commission and financing authority. 19 (2) Any agreement or compact providing for participation in the basin 20 project commission and financing authority shall be consistent with the terms 21 of this chapter. 22 (3) The board of commissioners of the basin project commission shall 23 include one (1) representative of the state of Idaho and one (1) representa- 24 tive from each of the county commissions of Shoshone, Kootenai and Benewah 25 counties of the state of Idaho as appointed by the governor of the state of 26 Idaho. Upon participation of the state of Washington, the Coeur d'Alene tribe 27 or the United States of America through agreement or compact, the board of 28 commissioners shall also include, according to such participation: one (1) 29 representative of the state of Washington appointed by the governor of Wash- 30 ington; one (1) tribal council member of the Coeur d'Alene tribe appointed by 31 the council of the Coeur d'Alene tribe; and one (1) representative of the 32 United States of America appointed by the president of the United States of 33 America. 34 (4) The commission shall act by majority vote except that the vote of any 35 commissioner representative of the state of Idaho, the Coeur d'Alene tribe or 36 the United States of America, or the unanimous vote of all three (3) commis- 37 sioners representing Shoshone, Kootenai and Benewah counties, may veto any 38 majority vote, in which event the action is not valid. The fiduciary duties of 39 each commissioner shall be to their respective federal, tribal, state, or 40 local governmental entity and such duties shall not disqualify any commis- 41 sioner from full participation in any commission action. The commission may 42 establish an advisory group to provide local citizen input to the commission 43 in the performance of its duties. The commission shall distribute and publish 2 1 a public involvement policy, to include procedures to assure adherence to the 2 open meeting law and the public records act. 3 (5) The commission shall adopt as the basin project workplan a record of 4 decisions approved pursuant to the federal comprehensive environmental respon- 5 sibility compensation and liability act of 1980 (CERCLA), as amended, by the 6 environmental protection agency of the United States of America, the depart- 7 ment of environmental quality of the state of Idaho and, upon its participa- 8 tion, the Coeur d'Alene tribe, for environmental remediation and related mea- 9 sures pertaining to contamination by heavy metals in the basin. Amendment of 10 the basin project workplan shall be made by the commission upon approval of 11 the United States environmental protection agency, the Idaho department of 12 environmental quality and the Coeur d'Alene tribe. 13 (6) The commission shall, to the extent that funds are available from the 14 financing authority and any other source, implement the basin project 15 workplan. 16 (7) The commission may select institutional control measures in implemen- 17 tation of the basin project workplan. The measures shall be adopted and imple- 18 mented by appropriate local and tribal governments as a condition of 19 remediation or restoration activities within those jurisdictions. 20 (8) The commission shall appoint an executive director to administer the 21 basin project. 22 (9) The commissioner representing the state of Idaho and, in the event of23participation through agreement or compact, the commissioners representing the24United States of America and the Coeur d'Alene tribe,shall annually fix and 25 determine, consistent with the basin project workplan and its schedule, the 26 priorities of the basin project, the amount of money required from the financ- 27 ing authority, federal grants and taxation for implementing the basin project 28 priorities including costs of construction and other activities, costs of 29 operation and maintenance of the work, equipment of the basin project, and 30 costs of administration. 31 (10) The commission shall have, within the basin, the authority of a board 32 of commissioners of a flood control district as provided in chapter 31, title 33 42, Idaho Code, and the authority of a board of commissioners of a drainage 34 district as provided in chapters 29 and 30, title 42, Idaho Code. 35 (11) The commission shall have the following powers and duties which may 36 be exercised through the executive director of the basin project commission: 37 (a) To employ personnel as may be necessary to carry out the purposes and 38 objectives of the basin project commission; 39 (b) To sue and be sued in the name of the basin project commission and to 40 make and execute contracts and other instruments necessary or convenient 41 to the exercise of its power; 42 (c) To manage and conduct the business and affairs of the basin project 43 commission, both within and without the basin; 44 (d) To design, construct, operate and maintain structural works and 45 actions as provided by the basin project workplan or procure or contract 46 for the performance of those works and actions or portions thereof by any 47 local, state, tribal or federal governmental entity or any private entity 48 or individual; 49 (e) To prescribe the duties of officers, agents and employees as may be 50 required; 51 (f) To establish the fiscal year of the basin project commission, to keep 52 records of all business transactions of the basin project commission and 53 to provide an annual public accounting of all expenditures; 54 (g) To obtain options upon and acquire by purchase, exchange, lease, 55 gift, grant, bequest, devise, or otherwise, any real or personal property, 3 1 and improve any properties acquired; to receive income from properties 2 and to expend the income in carrying out the purposes and provisions of 3 the basin project commission; and to lease any of its property or interest 4 therein in furtherance of the purposes and provisions of the basin project 5 commission; 6 (h) To convey rights-of-way and easements for highways, public roads, 7 public utilities, and for other purposes, over basin project property, as 8 shall be determined by the commission to be in the best interests of the 9 basin project; 10 (i) To convey by deed, bill of sale, or other appropriate instrument all 11 of the estate and interest of the basin project commission, in any real or 12 personal property; 13 (j) To enter into contracts or agreements with the United States of Amer- 14 ica or any of its agencies, the states of Idaho or Washington or any of 15 their agencies or political subdivisions or the Coeur d'Alene tribe or any 16 of its agencies or subdivisions or private entities or individuals and to 17 cooperate with those governments, agencies, subdivisions, private entities 18 or individuals in effectuating, promoting and accomplishing the purposes 19 of the basin project; 20 (k) To bear its allocated share of the cost of any project resulting from 21 any contract or agreement entered into as provided in this chapter; 22 (l) To assume, administer and maintain pursuant to any agreement or con- 23 tract entered into in accordance with this chapter any environmental 24 remediation or restoration measure within the basin undertaken by or in 25 cooperation with the United States of America or any of its agencies, the 26 states of Idaho or Washington or any of their agencies or subdivisions, or 27 the Coeur d'Alene tribe or any of its agencies or subdivisions, or any 28 combinations thereof; 29 (m) To accept donations, gifts and contributions in money, services, 30 materials, or otherwise, from the United States of America or any of its 31 agencies, or the states of Idaho or Washington or any of their agencies or 32 political subdivisions, or the Coeur d'Alene tribe or any of its agencies 33 or subdivisions, or private entities or individuals, or any combinations 34 thereof, and to expend such moneys, services, or materials in carrying on 35 its operations; 36 (n) To exercise all other powers necessary or helpful in carrying out the 37 purposes and provisions of the basin project commission as provided in 38 this chapter and by agreements or compacts between the states of Idaho and 39 Washington, the Coeur d'Alene tribe and the United States of America. 40 SECTION 2. An emergency existing therefor, which emergency is hereby 41 declared to exist, this act shall be in full force and effect on and after its 42 passage and approval.
STATEMENT OF PURPOSE RS 12638 To provide that the full board of commissioners rather than a portion of the board shall establish the basin project workplan and budget. To recognize that the fiduciary duties of commissioners are to their respective federal, tribal, state or local or governmental entities and that such duties do not prevent their full participation in commission actions. FISCAL IMPACT None. CONTACT Name: Steve Allred Agency: Environmental Quality, Dept of Phone: 373-0240 Statement of Purpose/Fiscal Impact H 14