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H0614.........................................by RESOURCES AND CONSERVATION BASIN/WATERSHED ADVISORY GROUPS - Amends existing law to prohibit appointment to basin advisory groups and watershed advisory groups of persons who are involved in certain actions against the state. 02/04 House intro - 1st rdg - to printing 02/05 Rpt prt - to Res/Con
H0614|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 614 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO BASIN ADVISORY GROUPS AND WATERSHED ADVISORY GROUPS; AMENDING SEC- 3 TION 39-3613, IDAHO CODE, TO PROHIBIT APPOINTMENT TO BASIN ADVISORY GROUPS 4 OF PERSONS WHO ARE INVOLVED IN CERTAIN ACTIONS AGAINST THE STATE; AND 5 AMENDING SECTION 39-3615, IDAHO CODE, TO PROHIBIT APPOINTMENT TO WATERSHED 6 ADVISORY GROUPS OF PERSONS WHO ARE INVOLVED IN CERTAIN ACTIONS AGAINST THE 7 STATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 39-3613, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 39-3613. CREATION OF BASIN ADVISORY GROUPS. (1) The director, in consul- 12 tation with the designated agencies, shall name, for each of the state's major 13 river basins, no less than one (1) basin advisory group which shall generally 14 advise the director on water quality objectives for each basin and work in a 15 cooperative manner with the director to achieve these objectives. Each such 16 group shall establish by majority vote, operating procedures to guide the work 17 of the group. Members shall be compensated pursuant to section 59-509(c), 18 Idaho Code. The membership of each basin advisory group shall be representa- 19 tive of the industries and interests directly affected by the implementation 20 of water quality programs within the basin and each member of the group shall 21 either reside within the basin or represent persons with a real property 22 interest within the basin. Recognized groups representing those industries or 23 interests in the basin may nominate members of the group to the director. Each 24 basin advisory group named by the director shall reflect a balanced represen- 25 tation of the interests in the basin andshallmay , 26 where appropriate, include a representative from each of the following: agri- 27 culture, mining, nonmunicipal point source discharge permittees, forest prod- 28 ucts, local government, livestock, Indian tribes (for areas within reservation 29 boundaries), water-based recreation, and environmental interests. No 30 person shall be eligible for appointment or shall be appointed to such basin 31 advisory group who is individually a claimant, plaintiff, litigant, appellant 32 or who is the member of any group, organization or corporation which is in any 33 of those capacities against or contrary to the state of Idaho or any of its 34 subdivisions, agencies, boards or commissions in any type of civil, criminal 35 or administrative law proceedings of any type whatsoever. In addition, 36 the director shall name one (1) person to represent the public at large who 37 may reside outside the basin. Members named to the basin advisory groups 38 shall, in the opinion of the director, have demonstrated interest or expertise 39 which will be of benefit to the work of the basin advisory group. The director 40 may also name as may be needed those who have expertise necessary to assist in 41 the work of the basin advisory group who shall serve as technical nonvoting 42 advisers to the basin advisory group. 43 (2) The governor shall establish a commission to be known as the Coeur 2 1 d'Alene River basin commission whose membership is stated below for the Coeur 2 d'Alene River basin, including the north and south forks of the Coeur d' Alene 3 River, the main stem of the Coeur d'Alene River, Lake Coeur d'Alene and the 4 Spokane River to replace and fulfill the duties of the basin advisory group 5 and the watershed advisory group for those rivers and Lake Coeur d'Alene as 6 stated in this section and sections 39-3614 through 39-3616, Idaho Code, as 7 these duties related to heavy metal impacts in the Coeur d'Alene River basin. 8 At the discretion of the governor, the commission may be asked to perform 9 duties other than those specified in sections 39-3613 through 39-3616, Idaho 10 Code. For duties related to sections 39-3613 through 39-3616, Idaho Code, the 11 commission shall report to the director. For all other duties assigned the 12 commission by the governor, the commission shall report to the governor, the 13 speaker of the house of representatives and the president pro tempore of the 14 senate. The governor shall appoint the following members of the commission: 15 one (1) representative of the governor; one (1) representative of the division 16 of environmental quality of the department of health and welfare; one (1) rep- 17 resentative of the department of lands; one (1) representative each of the 18 county governments of Benewah county, Kootenai county and Shoshone county; one 19 (1) representative of the trustees established under the settlement agreement 20 of May 3, 1986, entered in State of Idaho v. Bunker Hill Co., No. 83-3161 (D. 21 Idaho); two (2) representatives of the citizen's advisory committee of the 22 Coeur d'Alene basin restoration project; one (1) representative of the mining 23 industry; and one (1) representative of other affected industries. 24 In addition to the governor's appointees, the commission shall have the 25 following representatives appointed: one (1) representative of the U.S. envi- 26 ronmental protection agency appointed by the agency; one (1) representative of 27 the U.S. department of agriculture and the U.S. department of interior to be 28 appointed jointly by those agencies; and one (1) representative of the Coeur 29 d'Alene tribe appointed by the tribe. The term of a member of the commission 30 shall be three (3) years. The governor may remove at his discretion any mem- 31 bers appointed by him. The commission shall operate by a simple majority vote 32 of the members of the commission. The members of the commission shall elect a 33 chairperson annually from the members of the commission. Members of the com- 34 mission who are not state employees shall be compensated as provided in sec- 35 tion 59-509(b), Idaho Code, if they are not otherwise being compensated for 36 travel costs and per diem for serving on the commission. 37 SECTION 2. That Section 39-3615, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 39-3615. CREATION OF WATERSHED ADVISORY GROUPS. The director, with the 40 advice of the appropriate basin advisory group, may name watershed advisory 41 groups which will generally advise the department on the development and 42 implementation of TMDLs and other state water quality plans, including those 43 specific actions needed to control point and nonpoint sources of pollution 44 within the watersheds of those water bodies where designated beneficial uses 45 are not fully supported. Members of each watershed advisory group shall be 46 representative of the industries and interests affected by the management of 47 that watershed, along with representatives of local government and the land 48 managing or regulatory agencies with an interest in the management of that 49 watershed and the quality of the water bodies within it. No person 50 shall be eligible for appointment or shall be appointed to a watershed advi- 51 sory group who is individually a claimant, plaintiff, litigant, appellant or 52 who is the member of any group, organization or corporation which is in any of 53 those capacities against or contrary to the state of Idaho or any of its sub- 3 1 divisions, agencies, boards or commissions in any type of civil, criminal or 2 administrative law proceedings of any type whatsoever. Members of each 3 watershed advisory group shall serve and shall not be reimbursed for their 4 expenses during their term of service.
STATEMENT OF PURPOSE
RS 07763C1
To amend existing Idaho Code to prohibit appointments to
advisory groups who are involved in litigation against the
State of Idaho.
FISCAL NOTE
There would be no fiscal impact to the General Fund.
CONTACT: Representative John Campbell
(208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 614