2000 Legislation
Print Friendly

HOUSE BILL NO. 492 – Hazardous substance, “emergency”


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0492.........................................by TRANSPORTATION AND DEFENSE
HAZARDOUS SUBSTANCES - Amends existing law to provide the definition of
"emergency" in the Hazardous Substance Emergency Response Act.
02/03    House intro - 1st rdg - to printing
02/04    Rpt prt - to Transp
02/11    Rpt out - to Env Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 492
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 39-7103, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        39-7103.  DEFINITIONS. As used in this chapter:
  9        (1)  "Military  division" means the military division of the office of the
 10    governor.
 11        (2)  "Emergency" means an abrupt release, or imminent threat of a release,
 12    which in the reasonable judgment of the local  emergency  response  authority,
 13    threatens  immediate and irreparable harm to the environment or the health and
 14    safety of any individual and which requires immediate action for  the  protec-
 15    tion of the public, or containment or and control of a hazardous substance.
 16        (3)  "Hazardous   substance  incident"  means  an  emergency  circumstance
 17    requiring a response by the state emergency response team or the  local  emer-
 18    gency  response  authority  to a release of a hazardous substance. A hazardous
 19    substance incident may require containment or confinement or  both,  but  does
 20    not  include  site cleanup or remediation efforts after the incident commander
 21    has determined the emergency has ended.
 22        (4)  "Hazardous substance" means:
 23        (a)  Any "hazardous substance" within the scope of section 101(14) of  the
 24        federal  comprehensive  environmental response, compensation and liability
 25        act (CERCLA), 42 U.S.C. 9601(14);
 26        (b)  Any hazardous material within the scope of section 104 of the federal
 27        hazardous materials transportation act, 49 U.S.C. 1803,  and  the  federal
 28        department of transportation regulations promulgated pursuant thereto; and
 29        (c)  Any  extremely hazardous substance within the scope of section 302 of
 30        the federal emergency planning and community right-to-know act, 42  U.S.C.
 31        11002.
 32        (5)  "Incident  commander"  is the person in charge of all responders to a
 33    hazardous substance incident and who is  identified  in  the  Idaho  hazardous
 34    materials  emergency  incident  command and response plan or the private emer-
 35    gency response plan.
 36        (6)  "Local emergency response authority" means those  persons  designated
 37    under section 39-7105, Idaho Code,  by the city, county, or the military divi-
 38    sion to be first responders to hazardous substance incidents.
 39        (7)  "Person"  means  any individual, public or private corporation, part-
 40    nership, joint venture, association, firm, trust, estate, the United States or
 41    any department, institution, or agency thereof, the state or  any  department,
 42    institution,  or  agency  thereof, any municipal corporation, county, city, or
 43    other political subdivision of the state, or any other legal entity whatsoever
  1    which is recognized by law as the subject of rights and duties.
  2        (8)  "Private emergency response plan" means a plan designed to respond to
  3    emergency releases of hazardous substances at a specific facility or  under  a
  4    specific set of conditions.
  5        (9)  "Release"  means  any  spilling, leaking, pumping, pouring, emitting,
  6    emptying, discharging, escaping, dumping or disposing of a hazardous substance
  7    into the  environment. "Release" does not include any discharge of a hazardous
  8    substance into the environment which is authorized by limits and conditions in
  9    a federal or state permit relating to the protection of public health  or  the
 10    environment so long as the permitted activity from which the release occurs is
 11    in compliance with applicable limits and conditions of the permit.
 12        (10) "State  emergency response team" means one (1) of the state emergency
 13    response teams authorized by the military division  to  respond  to  hazardous
 14    substance incidents.
 15        SECTION  2.  This  act shall be in full force and effect on and after July
 16    1, 2000.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

This proposal would add the term "imminent threat of a release"  39-7103 (2).   As the
definition stands now, prudent emergency responses to accidents involving hazardous materials
don't fall under the state statute unless there is an actual release of chemical product.   There are
several situations each year when the hazard created by the presence of the chemical dictates an
emergency response even if the container is not breached at the time of the accident. 

                          FISCAL IMPACT

Since costs for most cases of this kind are recovered from a responsible party, there should be
minimal cost to the taxpayer. Through careful monitoring under the Idaho Hazardous Materials
Incident Command and Response Support Plan, cost to responsible parties can be controlled to
the minimum amount necessary to assist in reducing their exposure to further liability. 

          Contact:  Mr. John Norris 
                    Military Division
                    (208) 422-5471 

STATEMENT OF PURPOSE/FISCAL IMPACT                        H 492