1999 Legislation
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HOUSE BILL NO. 81, As Amended in the Senate – Dry cleaners, generator fees

HOUSE BILL NO. 81, As Amended in the Senate

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Daily Data Tracking History



H0081aaS...........................................by ENVIRONMENTAL AFFAIRS
DRY CLEANERS - Amends existing law to provide that dry cleaners are not
required to pay a generator fee under the state Hazardous Waste Management
Act; and to define "dry cleaners."

01/19    House intro - 1st rdg - to printing
01/20    Rpt prt - to Env Aff
01/27    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 66-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kjellander, Kunz, Lake, Limbaugh, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Taylor,
      Tilman, Tippets, Watson, Wheeler, Williams, Wood, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Deal, Denney, Trail
    Dist. 19, Seat A, Vacant
    Floor Sponsor - Meyer
    Title apvd - to Senate
02/02    Senate intro - 1st rdg - to Health/Wel
02/10    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/12    To 14th Ord
02/16    Rpt out amen - to 1st rdg as amen
02/17    1st rdg - to 2nd rdg as amen
02/18    2nd rdg - to 3rd rdg as amen
02/23    3rd rdg as amen - PASSED - 33-0-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Davis, Parry
    Floor Sponsor - King
    Title apvd - to House
02/24    House concur in Senate amens - to engros
02/25    Rpt engros - 1st rdg - to 2nd rdg as amen
02/26    2nd rdg - to 3rd rdg as amen
03/01    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moyle,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Deal, Marley
    Floor Sponsor - Meyer
    Title apvd - to enrol
03/02    Rpt enrol - Sp signed
03/03    Pres signed
03/04    To Governor
03/09    Governor signed
         Session Law Chapter 49
         Effective: 01/01/98

Bill Text


H0081


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                       HOUSE BILL NO. 81, As Amended in the Senate

                            BY ENVIRONMENTAL AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO HAZARDOUS WASTE MANAGEMENT; AMENDING SECTION 39-4427B, IDAHO CODE,
 3        TO CLARIFY THAT DRY CLEANERS ARE NOT REQUIRED TO PAY A GENERATOR  FEE,  TO
 4        DEFINE  DRY  CLEANERS;  DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE
 5        EFFECTIVE DATE.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION 1.  That Section 39-4427B, Idaho Code, be, and the same is  hereby
 8    amended to read as follows:

 9        39-4427B.  GENERATOR  FEES.  (1) For any generator generating waste during
10    calendar year 1998, there is imposed a generator fee to  be  remitted  to  the
11    department  of health and welfare no later than thirty (30) days after the end
12    of calendar year 1998, as follows:
13        (a)  A generator who generates two and two-tenths (2.2) pounds or more  of
14        acutely  hazardous waste as defined by 40 CFR section 261, in any calendar
15        month, or generates more than two thousand two hundred (2,200)  pounds  of
16        hazardous  waste  at  any time in a calendar month, shall be subject to an
17        annual fee of two thousand dollars ($2,000);
18        (b)  A generator who generates between two hundred twenty  (220)  and  two
19        thousand two hundred (2,200) pounds of hazardous waste in one (1) calendar
20        month,  shall  be  subject to an annual fee of seven hundred fifty dollars
21        ($750).
22        (2)  The fee set forth in subsection (1) of this section shall  not  apply
23    to generators who:
24        (a)  Are public or governmental entities;  or 
25        (b)   Are dry cleaners; or
26        (c)    Demonstrate,  to  the  satisfaction  of  the  director of the
27        department, an inability to pay all or a portion of the fee.
28         (d)  For purposes of this section, "dry cleaners" means any  genera-
29        tor who owns or operates a business the primary purpose of which is to dry
30        clean apparel and fabrics for the general public, as described in standard
31        industrial classification no. 7216. 

32        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
33    declared to exist, this act shall be in full force and effect on and after its
34    passage and approval, and retroactively to January 1, 1998.

Amendment


AH0081


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                          Moved by     King              

                                          Seconded by  Wheeler           


                                      IN THE SENATE
                             SENATE AMENDMENT TO H.B. NO. 81

 1                                AMENDMENT TO SECTION 1
 2        On page 1 of the printed bill, delete lines 11 through 31 and insert:
 3        "39-4427B.  GENERATOR FEES. (1) For any generator generating waste  during
 4    calendar  year  1998,  there  is imposed a generator fee to be remitted to the
 5    department of health and welfare no later than thirty (30) days after the  end
 6    of calendar year 1998, as follows:
 7        (a)  A  generator who generates two and two-tenths (2.2) pounds or more of
 8        acutely hazardous waste as defined by 40 CFR section 261, in any  calendar
 9        month,  or  generates more than two thousand two hundred (2,200) pounds of
10        hazardous waste at any time in a calendar month, shall be  subject  to  an
11        annual fee of two thousand dollars ($2,000);
12        (b)  A  generator  who  generates between two hundred twenty (220) and two
13        thousand two hundred (2,200) pounds of hazardous waste in one (1) calendar
14        month, shall be subject to an annual fee of seven  hundred  fifty  dollars
15        ($750).
16        (2)  The  fee  set forth in subsection (1) of this section shall not apply
17    to generators who:
18        (a)  Are public or governmental entities;  or 
19        (b)   Are dry cleaners; or
20        (c)   Demonstrate, to  the  satisfaction  of  the  director  of  the
21        department, an inability to pay all or a portion of the fee.
22          (d)  For purposes of this section, "dry cleaners" means any genera-
23        tor who owns or operates a business the primary purpose of which is to dry
24        clean apparel and fabrics for the general public, as described in standard
25        industrial classification no. 7216. ".

26                                 CORRECTION TO TITLE
27        On page 1, delete lines 3 through 7  and  insert:  "TO  CLARIFY  THAT  DRY
28    CLEANERS  ARE  NOT  REQUIRED  TO  PAY A GENERATOR FEE, TO DEFINE DRY CLEANERS;
29    DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE.".

Statement of Purpose / Fiscal Impact


                          STATEMENT OF PURPOSE
                                RS08540
                                    
The purpose of this legislation is to exempt Idaho dry cleaners
from the Hazardous Waste Generator and Treatment Storage Fee billed from
the Idaho Division of Environmental Quality.

The current legislation is contrary to EPA regulations which
allows the disposal of hazardous wastes to be averaged over a|
period of 12 months. For most small dry cleaners, the $750 fee is
one months net profit. Dry cleaners pay an average of $212 per
month for disposal of perc and filters. This fee adds to the
already high operating costs which are very expensive for small
businesses.

                              FISCAL IMPACT

None.

CONTACT: Robert R. Corbell, II
Phone: 288-1900

                                      STATEMENT OF PURPOSE/ FISCAL IMPACT     Bill No.  H 81