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H0287.....................................................by APPROPRIATIONS
HAZARDOUS WASTE MANAGEMENT ACCOUNT - Repeals and amends existing law to
provide that all fees collected on generators or disposers of hazardous
waste shall be credited to the state's General Fund; and to delete accounts
that had previously been utilized to collect hazardous waste management
fees.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Env Aff
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Watson, Wheeler, Williams, Wood, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Geddes, Jones, Trail
Floor Sponsor - Wheeler
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Fin
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
Rules susp - PASSED - 30-3-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Stegner, Thorne, Twiggs, Wheeler
NAYS--Schroeder, Stennett, Whitworth
Absent and excused--Parry, Sorensen
Floor Sponsor - Boatright
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 290
Effective: 07/01/99
H0287|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 287 BY APPROPRIATIONS COMMITTEE 1 AN ACT 2 RELATING TO HAZARDOUS WASTE MANAGEMENT; REPEALING SECTIONS 39-4417B, 39-4427B, 3 39-4427C AND 39-4427D, IDAHO CODE; AMENDING SECTION 39-4427A, IDAHO CODE, 4 TO REDESIGNATE THE SECTION, TO REVISE PROCEDURES FOR WASTES DISPOSED OF BY 5 AN AGENCY OF THE STATE OF IDAHO AT A COMMERCIAL HAZARDOUS WASTE DISPOSAL 6 FACILITY OR SITE AND TO PROVIDE FOR RETURNS; AMENDING SECTION 39-4428, 7 IDAHO CODE, TO PROVIDE A CORRECT CITATION AND TO MAKE A TECHNICAL CORREC- 8 TION; AMENDING SECTION 39-4429, IDAHO CODE, TO PROVIDE CORRECT CITATIONS; 9 AMENDING SECTION 39-4431, IDAHO CODE, TO PROVIDE FOR A COMMERCIAL DISPOSAL 10 FEE TO BE REMITTED TO THE GENERAL FUND OF THE STATE; AMENDING SECTION 11 39-4432, IDAHO CODE, TO PROVIDE FOR REMITTANCE OF COMMERCIAL DISPOSAL FEE 12 REVENUES; AND TO PROVIDE FOR THE TRANSFERENCE OF MONEYS IN THE HAZARDOUS 13 WASTE MANAGEMENT ACCOUNT TO THE GENERAL FUND. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Sections 39-4417B, 39-4427B, 39-4427C and 39-4427D, Idaho 16 Code, be, and the same are hereby repealed. 17 SECTION 2. That Section 39-4427A, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 39-4427A. COMMERCIAL DISPOSAL FEES. (1) On and after July 1, 20 1997, there is imposed on the owner or operator of every commercial hazardous 21 waste disposal facility or site permitted under section 39-4409, Idaho Code, 22 the lowest applicable fee for each ton of waste or fraction thereof, as fol- 23 lows: 24 (a) Hazardous wastes as defined by RCRA or section 39-4407, Idaho Code, 25 and excluding hazardous wastes covered by paragraph (c) of this subsec- 26 tion: thirty dollars ($30.00) per gate ton or fraction thereof disposed of 27 at the facility or site; 28 (b) PCB and all manifested waste other than wastes as defined in para- 29 graph (a), (c), (d) or (e) of this subsection: twenty-five dollars 30 ($25.00) per gate ton or fraction thereof disposed of at the facility or 31 site; 32 (c) Hazardous waste that is delisted or treated so that it is no longer 33 hazardous waste: five dollars ($5.00) per gate ton or fraction thereof 34 disposed of at the facility or site; 35 (d) Wastes containing PCBs in concentrations less than fifty (50) parts 36 per million and not regulated by the toxic substances control act, as 37 amended, 15 U.S.C. section 2601 et seq., and all other waste not defined 38 in paragraphs (a), (b), (c) and (d) of this subsection: five dollars 39 ($5.00) per gate ton or fraction thereof; 40 (e) For wastes defined in paragraphs (a) and/or (b) above, after twenty- 41 five thousand (25,000) gate tons of such waste have been disposed of at a 42 commercial hazardous waste facility or site in a calendar year: twenty 2 1 dollars ($20.00) per gate ton or fraction thereof or any lower applicable 2 fee for such waste disposed of at such facility or site, for the remainder 3 of the calendar year. 4 (2) The fees set forth in subsection (1) of this section shall not apply 5 to any of the following types of wastes: 6 (a) Wastes generated or disposed of by a public agency or other person 7 operating a household hazardous waste collection program; 8 (b) Wastes generated or disposed of by any agency of the state of Idaho. 9 Any waste for which the fees are waived under the provisions of this sec- 10 tion must be noted as fee-waived waste on the return required in section 11 39-4428, Idaho Code, and is subject to all audit provisions of section 12 39-4429, Idaho Code. 13 (3) For wastes disposed of by any agency of the state of Idaho at any 14 commercial hazardous waste disposal facility or site permitted under section 15 39-4409, Idaho Code, the director, pursuant to a written agreement with the 16 director, the owner or operator of any such facility or site, may 17 creditto the hazardous waste management accounton the 18 return required in section 39-4428, Idaho Code, and in the fee remitted, 19 an amount equal to the actual cost charged by such owner or operator 20 per gate ton or fraction thereof for the characterization, collection, identi- 21 fication, transportation, treatment, storage and disposal of wastes at such 22 facility or site. 23 SECTION 3. That Section 39-4428, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-4428. COLLECTION OF COMMERCIAL DISPOSAL FEES -- RETURNS. (1) 26 The fees imposed under section 39-4427A, Idaho Code, shall 27 be due and payable in monthly installments by the owner, agent, employee, or 28 operator of such hazardous waste facility or site and remittance shall be made 29 to the Idaho department of health and welfare on or before the fifteenth day 30 of the month next succeeding the end of the monthly period in which the fee 31 accrued. The owner, operator or designated employee or agent of the hazardous 32 waste facility or site, on or before the fifteenth day of the month, shall 33 make out a return, upon such forms setting forth such information as the 34 department may require, showing the amount of the fee for which the owner or 35 operator of the hazardous waste facility or site is liable for the preceding 36 monthly period, and shall sign and transmit the same to the department, 37 together with a remittance for such amount in the form required. 38 (2) The department may relieve any person or class of persons from the 39 obligation of filing monthly returns and may require the return to cover other 40 reporting periods, but in no event shall returns be filed for a period greater 41 than three (3) months. 42 SECTION 4. That Section 39-4429, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 39-4429. BOOKS AND RECORDS TO BE PRESERVED -- ENTRY AND INSPECTION BY 45 DEPARTMENT OF HEALTH AND WELFARE. Every person or entity subject to the impo- 46 sition of the fees specified in sections39-4427A, 4739-4427B and 39-4427C,Idaho Code, shall keep complete and accu- 48 rate records, including itemized invoices and manifests for federally regu- 49 lated types and quantities of hazardous waste ultimately disposed of at a haz- 50 ardous waste facility or site in Idaho. All books, documents and papers, com- 51 puter tapes, discs, and other records required to be kept by this section 3 1 shall be preserved for a period of at least five (5) years from the date of 2 the records or the date of the entries appearing in the records, unless the 3 department in writing, authorized their destruction or disposal at an earlier 4 date. For purposes of this act, at any time during usual business hours, the 5 department or duly authorized agents or employees, may enter any place of 6 business of the owner or operator of a hazardous waste facility or site where 7 hazardous wastes are disposed and inspect the premises, the records required 8 to be kept under this chapter, and the hazardous wastes or other chemicals 9 contained therein, to determine whether or not all the applicable provisions 10 of sections 39-4427A, 39-4427B, 39-4427Cand 39-4428, Idaho Code, 11 are being fully complied with. Trade secret information obtained by the 12 department under the provisions of this section shall be treated in the same 13 manner as such information obtained under section 39-4411, Idaho Code. If the 14 department, or any of its authorized agents or employees is unreasonably 15 denied free access or is unreasonably hindered or interfered with in making 16 the examination of a hazardous waste facility or site, that hindrance or 17 interference shall constitute grounds for suspension or revocation of the 18 facility or site's permit by the director of the department of health and wel- 19 fare under subsection (b) of section 39-4413, Idaho Code. 20 SECTION 5. That Section 39-4431, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-4431. COLLECTION AND ENFORCEMENT. (1) The collection and enforcement 23 procedures available to the Idaho state tax commission provided by the Idaho 24 income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 63-3042 through 25 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3070, 63-3071, 63-3072, 26 63-3073 and 63-3078, Idaho Code, as they now exist or as they may subsequently 27 be amended, shall apply and be available to the department of health and wel- 28 fare for the enforcement of thehazardous waste management29 commercial disposal fee and for the assessment and collection of 30 any amounts due thereunder. Said sections shall, for the aforementioned pur- 31 poses, be considered part of this act and wherever liens or any other proceed- 32 ings are defined as income tax liens or proceedings, they shall, when applied 33 in enforcement or collection under this act, be described ashazard-34ous waste managementcommercial disposal fee liens and 35 proceedings. 36 (2) The department of health and welfare may be made a party defendant in 37 any action at law or in equity by any person aggrieved by the unlawful seizure 38 or sale of his property, or in any suit for refund or to recover an overpay- 39 ment, but only the state of Idaho shall be responsible for any final judgment 40 secured against the department of health and welfare and said judgment shall 41 be paid or satisfied out of thehazardous waste management fee42refund accountgeneral fund of the state . 43 SECTION 6. That Section 39-4432, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 39-4432. DISTRIBUTION OFHAZARDOUS WASTE MANAGEMENT46 COMMERCIAL DISPOSAL FEE REVENUES.(1)The revenues 47 received from the commercial disposal fees imposed by this chapter and any 48 penalties, interest, or deficiency additions, shall be paid over to the state 49 treasurer by the department to be distributedas follows:5051(a) An amount of money to maintain the hazardous waste management4 1fee refund account, which is hereby created, and from which all refunds2authorized to be paid by this act shall be paid, at a monthly balance of3ten thousand dollars ($10,000) or at such greater sum as in the opinion of4the department may be needed to meet reasonable requirements imposed on5the hazardous waste management fee refund account.67(b) The balance remaining with the state treasurer after deducting8the amounts in (1) above, shall be remittedperiodically but no 9 less frequently than quarterly as follows: 10 (1) An amount equal to ninety-five percent (95%) shall be 11 remitted to thehazardous waste management account created in section1239-4417B, Idaho Code,general fund of the state; and 13 (2) An amount equal to the remaining five percent (5%) shall 14 be remitted to the county treasurer of the county or counties where the activ- 15 ity occurred which caused the fees to be assessed pursuant to this chapter. 16 Moneys shall be apportioned to the counties in the same proportional manner in 17 which they were collected. Moneys returned to counties shall be utilized by 18 the county to respond to health and environmental problems which may be caused 19 by hazardous waste emergencies or spills, or improperly handled or packaged 20 hazardous waste. 21(2) The revenues received from the generator and treatment, storage22or disposal facility fees imposed by this chapter and any penalties, interest,23or deficiency additions relating to those fees, shall be paid over to the24state treasurer by the department to be distributed to the hazardous waste25management account created in section 39-4417B, Idaho Code.26 SECTION 7. Any moneys in the Hazardous Waste Management Account which are 27 unexpended or unencumbered on June 30, 1999, shall be paid over to the state 28 treasurer by the Department of Health and Welfare to be remitted to the Gen- 29 eral Fund of the state.
STATEMENT OF PURPOSE
RS 09123
This legislation amends the Hazardous Waste Management Act of 1983
to 1) Delete obsolete references to a hazardous waste fee imposed on
generators and certain treatment, storage or disposal facilities for
calendar year 1998, and 2) Delete reference to the dedicated fund in
the state treasury designated the Hazardous Waste Management
Account, and provide that monies formerly paid into the account
shall be paid into the general fund of the state.
FISCAL NOTE
The Hazardous Waste Management Fund is expected to have an unspent
balance of about $520,000 on June 30, 1999. These funds would be
transferred to the state's General Fund on July 1, 1999. Beginning
on that date, commercial disposal fees are expected to total around
$1,200,000 each fiscal year. Five percent of these fees ($60,000)
would go to the county where the fees are generated. The other 95%
($1,140,000) would go to the state's General Fund. The combined
impact on the state's FY2000 budget is to add $1,660,000 to General
Fund revenue.
The Governor's FY 2000 budget recommendation for the Division of
Environmental Quality uses $1,346,200 in General Funds as well as
some dedicated funds to replace all Hazardous Waste Management Funds
currently used to support 22 positions in this budget. This leaves
$313,800 of FY 2000 one-time General Fund revenue available for
other purposes.
Contact: Jon Sandoval, Assistant Administrator
Division of Environmental Quality 373-0240
Statement of Purpose/Fiscal Note Bill No. H 287