1999 Legislation
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SENATE BILL NO. 1158 – Public swim pool/geotherml resource


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S1158.................................................by HEALTH AND WELFARE
PUBLIC SWIMMING POOLS - Amends existing law to provide that a body of water
which contains a geothermal resource and which was in existence on or
before January 1, 1999, shall not be considered a public swimming pool for
purposes of regulation by the Department of Health and Welfare.

02/12    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Health/Wel
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 16-14-5
      AYES--Andreason, Branch, Bunderson, Cameron, Darrington, Deide,
      Hawkins, Ingram, Ipsen, Keough, King, Riggs, Risch, Thorne, Twiggs,
      NAYS--Boatright, Crow, Dunklin, Frasure, Geddes, Lee, McLaughlin,
      Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett, Whitworth
      Absent and excused--Burtenshaw, Danielson, Davis, Noh, Parry
    Floor Sponsor - King
    Title apvd - to House
02/24    House intro - 1st rdg - to Env Aff

Bill Text


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1158

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT

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

 6        SECTION  1.  That  Section  39-103, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        39-103.  DEFINITIONS. Whenever used or referred to in this act,  unless  a
 9    different  meaning clearly appears from the context, the following terms shall
10    have the following meanings:
11        1.  "Board" means the board of health and welfare.
12        2.  "Department" means the department of health and welfare.
13        3.  "Director" means the director of the department of health and welfare.
14        4.  "State" means the state of Idaho.
15        5.  "Air contaminant" or "air contamination" means  the  presence  in  the
16    outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas or other gaseous
17    fluid  or  particulate substance differing in composition from or exceeding in
18    concentration the natural components of the atmosphere.
19        6.  "Air pollution" means the presence in the outdoor  atmosphere  of  any
20    contaminant  or  combination thereof in such quantity of such nature and dura-
21    tion and under such conditions as would be injurious to human health  or  wel-
22    fare,  to  animal  or plant life, or to property, or to interfere unreasonably
23    with the enjoyment of life or property.
24        7.  "Emission" means any controlled or uncontrolled release  or  discharge
25    into  the  outdoor  atmosphere  of any air contaminant or combination thereof.
26    Emission also includes any release or discharge of any air contaminant from  a
27    stack, vent or other means into the outdoor atmosphere that originates from an
28    emission unit.
29        8.  "Water  pollution" is such alteration of the physical, thermal, chemi-
30    cal, biological or radioactive properties of any waters of the state, or  such
31    discharge of any contaminant into the waters of the state as will or is likely
32    to create a nuisance or render such waters harmful or detrimental or injurious
33    to  public  health,  safety or welfare or to domestic, commercial, industrial,
34    recreational, esthetic or other legitimate uses or to livestock, wild animals,
35    birds, fish or other aquatic life.
36        9.  "Waters" mean s  all the accumulations  of  water,  surface
37    and  underground, natural and artificial, public and private, or parts thereof
38    which are wholly or partially within, flow through or border upon this state.
39        10. "Solid waste" means garbage, refuse, and other discarded  solid  mate-
40    rials,  including solid waste materials resulting from industrial, commercial,
41    and agricultural operations, and  from  community  activities,  but  does  not
42    include  solid  or dissolved materials in domestic sewage or other significant
43    pollutants in water resources, such as silt, dissolved or suspended solids  in


 1    industrial  waste  water  effluents,  dissolved materials in irrigation return
 2    flows or other common water pollutants.
 3        11. "Solid waste disposal" means the collection, storage, treatment,  uti-
 4    lization, processing or final disposal of solid waste.
 5        12. "Laboratory"  means  not  only facilities for biological, serological,
 6    biophysical, cytological and pathological tests, but also facilities  for  the
 7    chemical  or  other  examination  of  materials  from water, air or other sub-
 8    stances.
 9        13. "Person" means any individual, association, partnership,  firm,  joint
10    stock  company, trust, estate, political subdivision, public or private corpo-
11    ration, state or federal governmental department, agency  or  instrumentality,
12    or  any other legal entity which is recognized by law as the subject of rights
13    and duties.
14        14. "Public swimming pool" means an artificial structure, and its appurte-
15    nances, which contains water more than two (2) feet  deep  which  is  used  or
16    intended to be used for swimming or recreational bathing, and which is for the
17    use  of  any segment of the public pursuant to a general invitation but not an
18    invitation to a specific occasion or occasions.  A body  of  water  which
19    contains a geothermal resource and which was in existence on or before January
20    1,  1999, shall not be considered a public swimming pool for purposes of regu-
21    lation pursuant to this title.  As used in this section, "geothermal resource"
22    shall mean the natural heat energy of the  earth,  energy  in  whatever  form,
23    which may be found in any position at any depth below the surface of the earth
24    present  in, resulting from or created by, or which may be extracted from such
25    natural heat and all minerals in solution or other products obtained from  the
26    material medium of any geothermal resource. 
27        15. "Public  water  supply"  means all mains, pipes and structures through
28    which water is obtained and distributed to the  public,  including  wells  and
29    well structures, intakes and cribs, pumping stations, treatment plants, reser-
30    voirs,  storage  tanks  and appurtenances, collectively or severally, actually
31    used or intended for use for the purpose of furnishing water for  drinking  or
32    general  domestic use in incorporated municipalities; or unincorporated commu-
33    nities where ten (10) or more separate premises or households are being served
34    or intended to be served; or any other supply which serves water to the public
35    and which the department of health and  welfare  declares  to  have  potential
36    health significance.
37        16. "Substantive"  means  that  which  creates,  defines  or regulates the
38    rights of any person or implements, interprets or prescribes  law  or  policy,
39    but does not include statements concerning only the internal management of the
40    department  and  not  affecting  private rights or procedures available to the
41    public.
42        17. "Nutrient" means any one (1) of the natural  elements  including,  but
43    not  limited  to,  carbon,  hydrogen, oxygen, nitrogen, potassium, phosphorus,
44    magnesium, sulfur, calcium, sodium, iron, manganese, copper, zinc, molybdenum,
45    vanadium, boron, chlorine, cobalt and silicon, that are essential to plant and
46    animal growth.
47        18. "Medical waste combustor"  means  any  device,  incinerator,  furnace,
48    boiler  or  burner,  and  any  and  all  appurtenances thereto, which burns or
49    pyrolyzes medical waste consisting of human or animal  tissues,  medical  cul-
50    tures,  human blood or blood products, materials contaminated with human blood
51    or tissues, used or unused surgical wastes, used or  unused  sharps  including
52    hypodermic needles, suture needles, syringes and scalpel blades.

53        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
54    declared to exist, this act shall be in full force and effect on and after its


 1    passage and approval, and retroactively to January 1, 1999.

Statement of Purpose / Fiscal Impact

                         STATEMENT OF PURPOSE

The purpose of this act is to provide that a body of water which contains a geotherrnal resource
and was in existence on or before January 1, 1999, shall not be considered a public swimming pool for
purposes of regulation by the Departrnent of Health and Welfare or the Public Health Districts.
Geothermal resources are regulated in this state by the Department of Water Resources.            

                              FISCAL NOTE

There should be no fiscal irnpact to the general fund and the Departrnent of Health and Welfare
and Public Health Districts may enjoy some savings by not having to inspect certain geothermal hot

CONTACT: Senator Atwell Parry
                                              334-353 1

                                                                 S 1158