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S1225aa....................................................by STATE AFFAIRS
HIGHWAY CONSTRUCTION PROJECTS - Directs the Idaho Transportation Department
to complete a list of highway construction projects; to establish the
Specified Highway Projects Construction Fund; and to provide for
distribution of moneys from the Idaho Petroleum Clean Water Trust Fund when
the unencumbered fund balance reaches certain amounts.
02/18 Senate intro - 1st rdg - to printing
02/19 Rpt prt - to Transp
03/10 Rpt out - to 14th Ord
03/11 Rpt out amen - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/15 Rules susp - FAILED - 11-22-2
AYES--Boatright, Bunderson, Danielson, Deide, Keough, McLaughlin,
Riggs, Risch, Schroeder, Stegner, Thorne
NAYS--Andreason, Branch, Burtenshaw, Cameron, Crow, Darrington,
Davis, Frasure, Geddes, Hawkins, Ingram, Ipsen, King, Lee, Noh,
Richardson, Sandy, Sorensen, Stennett, Twiggs, Wheeler, Whitworth
Absent and excused--Dunklin, Parry
Floor Sponsor - Riggs
Filed with Secretary of the Senate
S1225|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1225, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAY CONSTRUCTION PROJECTS; AMENDING CHAPTER 3, TITLE 40, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 40-322, IDAHO CODE, TO DIRECT THE 4 IDAHO TRANSPORTATION DEPARTMENT TO COMPLETE LISTED HIGHWAY CONSTRUCTION 5 PROJECTS AND TO PROVIDE A PROJECT LIST; AMENDING CHAPTER 7, TITLE 40, 6 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-701B, IDAHO CODE, TO 7 ESTABLISH THE SPECIFIED HIGHWAY PROJECTS CONSTRUCTION FUND; AND AMENDING 8 SECTION 41-4908, IDAHO CODE, TO DELETE THE REQUIREMENT THAT IMPOSITION OF 9 THE TRANSFER FEE SHALL BE SUSPENDED WHEN THE UNENCUMBERED FUND BALANCE 10 REACHES THIRTY MILLION DOLLARS, TO PROVIDE FOR DISTRIBUTION OF MONEYS FROM 11 THE IDAHO PETROLEUM CLEAN WATER TRUST FUND WHEN THE UNENCUMBERED FUND BAL- 12 ANCE REACHES THIRTY MILLION DOLLARS, TO PROVIDE A DISTRIBUTION FORMULA 13 FROM THE TRUST FUND WHEN THE UNENCUMBERED FUND BALANCE EQUALS TWENTY MIL- 14 LION DOLLARS AND TO MAKE TECHNICAL CORRECTIONS. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Chapter 3, Title 40, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 40-322, Idaho Code, and to read as follows: 19 40-322. SPECIFIED HIGHWAY CONSTRUCTION PROJECTS. (1) Under direction of 20 the Idaho transportation board which has responsibility for oversight of all 21 projects pursuant to this section, the Idaho transportation department is 22 authorized and directed to undertake and complete the projects listed in sub- 23 section (3) of this section. The department shall not be precluded from simul- 24 taneously proceeding with portions of each project as necessary to acquire 25 rights-of-way and to prepare engineering and environmental impact analyses, 26 provided adequate funds are anticipated to be available for completion of the 27 projects. 28 (2) Projects listed herein shall be described by Idaho transportation 29 department key number, route, project name and by type of work. For the pur- 30 poses of this section, highway construction projects shall be limited to 31 United States highways and state highways. 32 (3) Specified highway construction projects are: 33 KEY 34 NO. ROUTE PROJECT NAME TYPE OF WORK 35 (a) ---- SH16 I-84 to Emmett Lane expansion - 4 lane 36 (b) ---- Emmett to Council via Indian Valley New route - 2 lane 37 (c) 0704 US95 Moscow Alternate Route Relocation - 4 lane 38 (d) ---- US95 Coeur d'Alene to Sandpoint Lane expansion - 4 lane 39 (4) The projects listed in subsection (3) of this section may be bypassed 40 only in the event that alternative funding has been secured for a project, 41 such as federal demonstration project funding, private funding, bonding or 42 additional general funding to the department. 2 1 SECTION 2. That Chapter 7, Title 40, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION , to be 3 known and designated as Section 40-701B, Idaho Code, and to read as follows: 4 40-701B. SPECIFIED HIGHWAY PROJECTS CONSTRUCTION FUND. (1) There is 5 established in the state treasury the "Specified Highway Projects Construction 6 Fund" hereafter referred to as the specified projects fund, to which shall be 7 credited: 8 (a) Moneys as provided by sections 49-402(1) and 63-2412(1)(e), Idaho 9 Code; and 10 (b) All other moneys as may be provided by law; and 11 (c) Interest earned on the investment of idle moneys in the specified 12 projects fund shall be paid to the specified projects fund. 13 (2) Moneys distributed from the fund shall be used on the projects listed 14 in section 40-322, Idaho Code, for construction of major projects for which 15 other funding is not generally available. In addition, the Idaho transporta- 16 tion board is directed to allocate twenty-five percent (25%) of each year's 17 revenues for distribution to local projects. Any city, county or highway dis- 18 trict may apply to the board to receive funding from the twenty-five percent 19 (25%) portion of the fund allocated for specified local projects. 20 (3) On or before March 1 of each year, the Idaho transportation depart- 21 ment shall submit a report to the germane transportation committees of the 22 legislature describing progress on specified construction projects, the pro- 23 posed time frame for completion of the projects, an accounting of the moneys 24 distributed to the department for the projects, and recommendations for 25 adjustments to the list in section 40-322, Idaho Code. 26 SECTION 3. That Section 41-4908, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 41-4908. SOURCE OF TRUST FUND -- APPLICATION FEES -- APPLICATION FOR 29 ENROLLMENT -- TRANSFER FEES. (1) Every owner or operator of an underground 30 storage tank may, if he desires to apply to the trust fund to insure the 31 underground tank, make application for and pay into the trust fund an initial 32 application fee set by the administrator, but not to exceed twenty-five dol- 33 lars ($25.00) for each tank for which application for coverage is made. 34 (2) Every owner or operator of anabove ground35 aboveground storage tank may, if he desires to apply to the trust fund 36 to insure theabove groundaboveground tank, make 37 application for and pay into the trust fund an initial application fee set by 38 the administrator, but not to exceed twenty-five dollars ($25.00) for each 39 tank for which application for coverage is made. 40 (3) Every owner or operator of a farm tank or residential tank may, if he 41 desires to apply to the trust fund to insure the tank, make application for 42 and pay into the trust fund an initial application fee set by the administra- 43 tor, but not to exceed twenty-five dollars ($25.00) for each tank for which 44 application for coverage is made. 45 (4) Every owner or operator of a heating tank may, if he desires to apply 46 to the trust fund to insure the tank, make application for and pay into the 47 trust fund an initial application fee set by the administrator, but not to 48 exceed five dollars ($5.00) for each tank for which application for coverage 49 is made. 50 (5) The application for insurance shall be made to the administrator on 51 forms furnished and prescribed by him for the purpose of eliciting reasonably 52 available information as to the type and use of the storage tank, the type of 3 1 business enterprise of the tank owner or operator, the age of the storage 2 tank, the materials used in the construction of the tank and the inside and 3 outside protective coatings and other corrosion protective measures, leak 4 detection methods, spill and overfill prevention methods of the tank, the 5 location of the tank and its proximity to roads and buildings, the foundation 6 and type of material used as a bedding and fill for the tank, any available 7 inspection records of the tank including the gallons of petroleum products 8 entered into the tank and the gallon dispersements from the tank, and other 9 information that is reasonably prudent in order to obtain a sufficient body of 10 statistical data to determine the relative hazards of various categories of 11 tanks, the potential that future leaks or discharges may occur, and the condi- 12 tions under which cleanup costs and personal injury and property damage costs 13 may occur and vary in the severity of the release and the resultant costs to 14 the trust fund. 15 (6) The administrator shall act upon the application for insurance with 16 all reasonable promptness, and he shall make such investigations of the 17 applicant as he deems advisable to determine if the information contained in 18 the application for insurance is accurate and complete. The administrator 19 shall determine if the applicant's storage tanks meet all the eligibility 20 requirements and promptly notify the applicant of the acceptance or nonaccept- 21 ance of the application for insurance. The absence of unknown data requested 22 on the application shall not preclude an applicant's acceptance for coverage 23 by the trust fund, if the applicant is otherwise eligible for insurance under 24 this chapter. 25 (7) In addition to the application fees received by the trust fund pursu- 26 ant to this section, the trust fund shall receive the revenue produced by the 27 imposition of a "transfer fee" of one cent ($.01) per gallon on the delivery 28 or storage of all petroleum products as defined in subsection (24) of section 29 41-4903, Idaho Code, delivered or stored within the state of Idaho. This 30 transfer fee is hereby imposed upon the first licensed distributor who 31 receives, as receipt is determined in section 63-2403, Idaho Code, a petroleum 32 product within this state for the privilege of engaging in the delivery or 33 storage of petroleum products whose delivery or storage may present the danger 34 of a discharge into the environment and thus create the liability to be 35 funded. The fee imposed by this subsection shall not apply to (a) petroleum or 36 petroleum products which are first delivered or stored in this state in a con- 37 tainer of fifty-five (55) gallons or less if such container is intended to be 38 transferred to the ultimate consumer of the petroleum or petroleum 39 products ; or (b) petroleum or petroleum products delivered or 40 stored in this state for the purpose of packaging or repackaging into contain- 41 ers of fifty-five (55) gallons or less if such container is intended to be 42 transferred to the ultimate consumer of the petroleum or petroleum products. 43 (8) The transfer fee shall be collected by the commission on all petro- 44 leum products delivered or stored within this state after April 1, 1990. This 45 transfer fee shall be in addition to any excise tax imposed on motor fuel or 46 other petroleum products and shall be remitted to the commission with the 47 distributor's monthly report as required in section 63-2406, Idaho Code. The 48 distributor may deduct from his monthly report those gallons of petroleum 49 products returned to a licensed distributor's refinery or pipeline terminal 50 storage or exported from the state when supported by proper documents approved 51 by the commission. For the purpose of carrying out its duties under the provi- 52 sions of this chapter, the commission shall have the powers and duties pro- 53 vided in sections 63-3038, 63-3039, 63-3042 through 63-3066, 63-3068, 63-3071, 54 and 63-3074 through 63-3078, Idaho Code, which sections are incorporated by 55 reference herein as though set out verbatim. 4 1 (9) No person shall be excused from liability for any duty or fee imposed 2 in this chapter for failure to obtain a distributor's license. 3 (10) The director shall certify to the commission when the unencumbered 4 balance in the trust fund equals thirty million dollars ($30,000,000). Effec- 5 tive the first day of the second month following the date of such certifica- 6 tion, the imposition of the transfer fee shall besuspended7 distributed as follows: For the month of certification by the director and 8 monthly thereafter, the balance of the transfer fees and accumulated interest 9 accruing to the Idaho petroleum clean water trust fund shall be distributed: 10 ninety-seven percent (97%) to the specified projects fund established in sec- 11 tion 40-701B, Idaho Code, and three percent (3%) to the Idaho department of 12 parks and recreation to be distributed as provided in subsection (1)(e)1., 2. 13 and 3. of section 63-2412, Idaho Code, and to the accounts specified in those 14 subparts according to the formula in those subparts . Thereafter, the 15 director shall certify to the commission when the unencumbered balance in the 16 trust fund equals twenty million dollars ($20,000,000). Effective the first 17 day of the second month following the date of such certification, the imposi- 18 tion of the transfer fee shall bereinitiateddistributed 19 as provided in section 41-4909, Idaho Code .
AS1225|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Riggs Seconded by Thorne IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1225 1 AMENDMENTS TO SECTION 3 2 On page 3 of the printed bill, in line 10, delete "authorized" and insert: 3 "directed"; also in line 10, delete "up to"; also in line 10, following 4 "twenty" insert: "-five"; and also in line 10, delete "20%" and insert: "25%"; 5 in line 11, following "projects." delete the remainder of the line and all of 6 line 12, and insert: "Any"; in line 14, following "twenty" insert: "-five"; 7 and also in line 14, delete "20%" and insert: "25%". 8 AMENDMENTS TO THE BILL 9 On page 2, delete lines 11 through 45; and in line 46, delete "3" and 10 insert: "2"; on page 3, delete lines 22 through 53, and delete all of pages 4, 11 5, 6, 7 and 8; and insert: 12 "SECTION 3. That Section 41-4908, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 41-4908. SOURCE OF TRUST FUND -- APPLICATION FEES -- APPLICATION FOR 15 ENROLLMENT -- TRANSFER FEES. (1) Every owner or operator of an underground 16 storage tank may, if he desires to apply to the trust fund to insure the 17 underground tank, make application for and pay into the trust fund an initial 18 application fee set by the administrator, but not to exceed twenty-five dol- 19 lars ($25.00) for each tank for which application for coverage is made. 20 (2) Every owner or operator of anabove ground21 aboveground storage tank may, if he desires to apply to the trust fund 22 to insure theabove groundaboveground tank, make 23 application for and pay into the trust fund an initial application fee set by 24 the administrator, but not to exceed twenty-five dollars ($25.00) for each 25 tank for which application for coverage is made. 26 (3) Every owner or operator of a farm tank or residential tank may, if he 27 desires to apply to the trust fund to insure the tank, make application for 28 and pay into the trust fund an initial application fee set by the administra- 29 tor, but not to exceed twenty-five dollars ($25.00) for each tank for which 30 application for coverage is made. 31 (4) Every owner or operator of a heating tank may, if he desires to apply 32 to the trust fund to insure the tank, make application for and pay into the 33 trust fund an initial application fee set by the administrator, but not to 34 exceed five dollars ($5.00) for each tank for which application for coverage 35 is made. 36 (5) The application for insurance shall be made to the administrator on 37 forms furnished and prescribed by him for the purpose of eliciting reasonably 38 available information as to the type and use of the storage tank, the type of 39 business enterprise of the tank owner or operator, the age of the storage 40 tank, the materials used in the construction of the tank and the inside and 41 outside protective coatings and other corrosion protective measures, leak 42 detection methods, spill and overfill prevention methods of the tank, the 2 1 location of the tank and its proximity to roads and buildings, the foundation 2 and type of material used as a bedding and fill for the tank, any available 3 inspection records of the tank including the gallons of petroleum products 4 entered into the tank and the gallon dispersements from the tank, and other 5 information that is reasonably prudent in order to obtain a sufficient body of 6 statistical data to determine the relative hazards of various categories of 7 tanks, the potential that future leaks or discharges may occur, and the condi- 8 tions under which cleanup costs and personal injury and property damage costs 9 may occur and vary in the severity of the release and the resultant costs to 10 the trust fund. 11 (6) The administrator shall act upon the application for insurance with 12 all reasonable promptness, and he shall make such investigations of the 13 applicant as he deems advisable to determine if the information contained in 14 the application for insurance is accurate and complete. The administrator 15 shall determine if the applicant's storage tanks meet all the eligibility 16 requirements and promptly notify the applicant of the acceptance or nonaccept- 17 ance of the application for insurance. The absence of unknown data requested 18 on the application shall not preclude an applicant's acceptance for coverage 19 by the trust fund, if the applicant is otherwise eligible for insurance under 20 this chapter. 21 (7) In addition to the application fees received by the trust fund pursu- 22 ant to this section, the trust fund shall receive the revenue produced by the 23 imposition of a "transfer fee" of one cent ($.01) per gallon on the delivery 24 or storage of all petroleum products as defined in subsection (24) of section 25 41-4903, Idaho Code, delivered or stored within the state of Idaho. This 26 transfer fee is hereby imposed upon the first licensed distributor who 27 receives, as receipt is determined in section 63-2403, Idaho Code, a petroleum 28 product within this state for the privilege of engaging in the delivery or 29 storage of petroleum products whose delivery or storage may present the danger 30 of a discharge into the environment and thus create the liability to be 31 funded. The fee imposed by this subsection shall not apply to (a) petroleum or 32 petroleum products which are first delivered or stored in this state in a con- 33 tainer of fifty-five (55) gallons or less if such container is intended to be 34 transferred to the ultimate consumer of the petroleum or petroleum 35 products ; or (b) petroleum or petroleum products delivered or 36 stored in this state for the purpose of packaging or repackaging into contain- 37 ers of fifty-five (55) gallons or less if such container is intended to be 38 transferred to the ultimate consumer of the petroleum or petroleum products. 39 (8) The transfer fee shall be collected by the commission on all petro- 40 leum products delivered or stored within this state after April 1, 1990. This 41 transfer fee shall be in addition to any excise tax imposed on motor fuel or 42 other petroleum products and shall be remitted to the commission with the 43 distributor's monthly report as required in section 63-2406, Idaho Code. The 44 distributor may deduct from his monthly report those gallons of petroleum 45 products returned to a licensed distributor's refinery or pipeline terminal 46 storage or exported from the state when supported by proper documents approved 47 by the commission. For the purpose of carrying out its duties under the provi- 48 sions of this chapter, the commission shall have the powers and duties pro- 49 vided in sections 63-3038, 63-3039, 63-3042 through 63-3066, 63-3068, 63-3071, 50 and 63-3074 through 63-3078, Idaho Code, which sections are incorporated by 51 reference herein as though set out verbatim. 52 (9) No person shall be excused from liability for any duty or fee imposed 53 in this chapter for failure to obtain a distributor's license. 54 (10) The director shall certify to the commission when the unencumbered 55 balance in the trust fund equals thirty million dollars ($30,000,000). Effec- 3 1 tive the first day of the second month following the date of such certifica- 2 tion, the imposition of the transfer fee shall besuspended3 distributed as follows: For the month of certification by the director and 4 monthly thereafter, the balance of the transfer fees and accumulated interest 5 accruing to the Idaho petroleum clean water trust fund shall be distributed: 6 ninety-seven percent (97%) to the specified projects fund established in sec- 7 tion 40-701B, Idaho Code, and three percent (3%) to the Idaho department of 8 parks and recreation to be distributed as provided in subsection (1)(e)1., 2. 9 and 3. of section 63-2412, Idaho Code, and to the accounts specified in those 10 subparts according to the formula in those subparts . Thereafter, the 11 director shall certify to the commission when the unencumbered balance in the 12 trust fund equals twenty million dollars ($20,000,000). Effective the first 13 day of the second month following the date of such certification, the imposi- 14 tion of the transfer fee shall bereinitiateddistributed 15 as provided in section 41-4909, Idaho Code .". 16 CORRECTIONS TO TITLE 17 On page 1, in line 5, following "LIST;" delete the remainder of the line 18 and delete all of lines 6 and 7, and in line 8, delete "HIGHWAY FUND IS LIM- 19 ITED TO FOUR CENTS PER GALLON;"; delete lines 11 through 24, and insert: "AND 20 AMENDING SECTION 41-4908, IDAHO CODE, TO DELETE THE REQUIREMENT THAT IMPOSI- 21 TION OF THE TRANSFER FEE SHALL BE SUSPENDED WHEN THE UNENCUMBERED FUND BALANCE 22 REACHES THIRTY MILLION DOLLARS, TO PROVIDE FOR DISTRIBUTION OF MONEYS FROM THE 23 IDAHO PETROLEUM CLEAN WATER TRUST FUND WHEN THE UNENCUMBERED FUND BALANCE 24 REACHES THIRTY MILLION DOLLARS, TO PROVIDE A DISTRIBUTION FORMULA FROM THE 25 TRUST FUND WHEN THE UNENCUMBERED FUND BALANCE EQUALS TWENTY MILLION DOLLARS 26 AND TO MAKE TECHNICAL CORRECTIONS.".
STATEMENT OF PURPOSE
RS09089
The purpose of this Legislation is to address 4 Idaho
transportation department highway construction projects which are
currently unfunded, and for which the ITD has no well defined plan for
completion. ITD creates a "Five year Program" or schedule; and the
projects listed represent four significant projects which are NOT on
the list. Completion of these, as well as programmed projects, will
significantly enhance statewide access, help to lower highway fatality
rates, and insure economic vitality of this state.
Section 1-Creates a "specified highway construction project list"
composed of 4 major projects which have no anticipated funding by ITD.
Section 2-Creates a "specified highway construction project fund"
which is a new account restricted to the projects listed in section 1.
Section 3-Transfers the existing one cent "fuel transfer fee" to
the specified projects fund created in Section 2, when and only if the
petroleum clean water trust fund reaches its goal of $30 million,
which is anticipated to occur within 3-4 months. This fee would
otherwise revert to the petroleum industry.
FISCAL NOTE
Total annual revenue would be approximately $8.2 million:
Specified highway construction fund (97% of total)
Project list 75% ($6 million)
Local projects 25% ($2 million)
Department of Parks and Recreation (3% of total)
Estimated costs for the four projects:
I84-Emmett (add 2 lanes) $30 million
Emmett-Council via Indian Valley (new 2 lane) $70 million
Moscow alternate (new 4 lane) $25 million
CDA-Sandpoint (add 2 lanes) $35 million
Total $160 million
Contact: Senator Jack Riggs
332-1341
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. S1225 as amended
REVTISED REVISED REVISED REVISED