2000 Legislation
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SENATE BILL NO. 1336 – Payette Lake Water Quality Plan

SENATE BILL NO. 1336

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S1336..........................................by RESOURCES AND ENVIRONMENT
BIG PAYETTE WATER QUALITY PLAN - Amends existing law to provide that the
Big Payette Lake Water Quality Council will assist and coordinate the
implementation of the accepted plan with federal, state and local
authorities for seven years after the acceptance; and to provide that the
Big Payette Lake Water Quality Council and all of its committees will
automatically disband seven years after the plan is adopted by the
Legislature.
                                                                        
02/01    Senate intro - 1st rdg - to printing
02/02    Rpt prt - to Res/Env
02/03    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Branch
    Floor Sponsor - Danielson
    Title apvd - to House
02/09    House intro - 1st rdg - to Res/Con
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 57-0-13
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Bruneel, Campbell,
      Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Henbest,
      Hornbeck, Jaquet, Judd, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moss,
      Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Wheeler, Zimmermann
      NAYS -- None
      Absent and excused -- Alltus, Boe, Callister, Chase, Gould,
      Hansen(29), Jones, Kellogg, Marley, Smith, Trail(Miller), Wood, Mr
      Speaker
    Floor Sponsor - Barraclough
    Title apvd - to Senate
02/28    To enrol
02/29    Rpt enrol - Pres signed
03/01    Sp signed
03/02    To Governor
03/03    Governor signed
         Session Law Chapter 27
         Effective: 07/01/00

Bill Text


 S1336
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1336
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER QUALITY; AMENDING SECTION 39-6604, IDAHO  CODE,  TO  PROVIDE
  3        THE  BIG PAYETTE LAKE WATER QUALITY COUNCIL WILL ASSIST AND COORDINATE THE
  4        IMPLEMENTATION OF THE ACCEPTED PLAN WITH FEDERAL, STATE AND LOCAL AUTHORI-
  5        TIES FOR SEVEN YEARS AFTER THE ACCEPTANCE AND TO MAKE A TECHNICAL  CORREC-
  6        TION;  AMENDING  SECTION  39-6606,  IDAHO CODE, TO PROVIDE THE BIG PAYETTE
  7        LAKE WATER QUALITY COUNCIL AND ALL OF ITS  COMMITTEES  WILL  AUTOMATICALLY
  8        DISBAND  SEVEN  YEARS  AFTER THE PLAN IS ADOPTED BY THE LEGISLATURE AND TO
  9        MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 39-6604, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        39-6604.  DECLARATION  OF POLICIES AND PURPOSES. The council shall develop
 14    and implement a program that includes:
 15        (1)  The assembly of all historical data on water quality studies  in  the
 16    lake.
 17        (2)  An assessment of present and projected land and water uses related to
 18    the lake.
 19        (3)  The  performance  of  a  comprehensive, scientifically-based study of
 20    water quality in the lake. This study will include, but not be limited to, all
 21    point and nonpoint sources of nutrients,  bacteria,  sediments  and  potential
 22    pollution.
 23        (4)  The continued collection of important data after the initial study is
 24    completed  as  required  by  and  for  use  in  a  nutrient load/lake response
 25    predictive model which shall be developed as part of the initial study.
 26        (5)  The preparation of a water quality management plan upon completion of
 27    the initial study, such plan to be updated regularly as new knowledge  becomes
 28    available.
 29        (6)  The  submittal  of  such  plan to the legislature which shall accept,
 30    modify or reject the plan. The council will assist and coordinate  the  imple-
 31    mentation  of  the accepted plan with federal, state and local authorities for
 32    two (2) seven (7) years after acceptance, after which the council and its com-
 33    mittees will disband and be succeeded by appropriate multi-agency  multiagency
 34    oversight  of  the  plan,  its  modification,  and maintenance of the nutrient
 35    load/lake response predictive model. The city council of McCall and the Valley
 36    county commission may establish appropriate public  committees  to  advise  in
 37    matters related to the implementation of the plan on a continuing basis.
 38        (7)  An  active  public  participation program with stakeholders and other
 39    interested parties in the design of the study, and the preparation and  imple-
 40    mentation  of  the  plan,  from  the beginning of the council's activities and
 41    until its disbandment. This program shall include regular reports to the  pub-
 42    lic  through  forums, printed material and otherwise of lake conditions, find-
 43    ings of the study and progress in the development and  implementation  of  the
                                                                        
                                           2
                                                                        
  1    plan.
                                                                        
  2        SECTION  2.  That  Section 39-6606, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        39-6606.  DUTIES OF COUNCIL. The council shall have the following duties:
  5        (1)  To coordinate activities related to the study of water quality in the
  6    lake, the development of a water quality management plan, and the  implementa-
  7    tion of that plan until disbandment as provided herein.
  8        (2)  To  conduct  a public awareness program to educate the general public
  9    on methods and responsibilities to protect the lake.
 10        (3)  To make an examination, as the council deems necessary,  of  environ-
 11    mental  conditions  in,  upon  and  around the lake. The objective shall be to
 12    obtain a scientifically sound baseline study for  planning  future  action  by
 13    appropriate authorities.
 14        (4)  To  undertake and complete a management plan with recommendations for
 15    the lake based upon such examination and study. The plan to be prepared  shall
 16    specifically  identify  and address lake protection concerns upon the lake and
 17    within the surrounding watershed where land use, scenic  values,  water  uses,
 18    residential  development,  wildlife habitat, fisheries, industry, commerce and
 19    other forms of human activity are both influenced by the lake and may  reason-
 20    ably be expected to significantly impact the water quality of the lake.
 21        (5)  To  promote,  until  disbandment,  the  implementation of the plan by
 22    serving in an advisory capacity to those city, planning  and  zoning,  county,
 23    state  and federal authorities with responsibilities affecting lake management
 24    or lake water quality. The council may recommend, as appropriate, the adoption
 25    of any statutes, ordinances, rules and regulations  needed  to  implement  the
 26    plan.
 27        (6)  To  consult with the public and keep the public informed through pub-
 28    lic forums and written reports of all activities of the council.
 29        (7)  The duties of the  council  are  ongoing  and  continuous  until  its
 30    disbandment.  The council shall have the authority to complete the examination
 31    and study and prepare the plan complete with recommendations for the lake  and
 32    its tributaries.
 33        (8)  The council and all its committees will automatically disband two (2)
 34    seven (7) years after the plan, as and/or if, modified, is adopted by the leg-
 35    islature.  Before disbandment, the council shall assist local, city, state and
 36    federal authorities in the establishment of a multi-agency  multiagency  over-
 37    sight capability to succeed the council.
 38        (9)  The council shall not have any regulatory or enforcement powers.
                                                                        
 39        SECTION  3.  This  act shall be in full force and effect on and after July
 40    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS09717

The purpose of this legislation is to extend the life of the 
Big Payette Water Quality Council foran additional five years. 
The council will assist and coordinate the implementation of 
the plan, adopted by the legislature in March 1998, with federal, 
state, and local authorities. The council will also promote an 
active public participation program with stakeholders and other 
interested parties. This program shall include regular reports 
to the public through forums and printed material, findings of 
the study and progress in the development of the implementation 
plan.

                           FISCAL NOTE

There is no fiscal impact as a result of this legislation. 

CONTACT: 
Peter Johnson, Chairman
Big Payette Lake Water Quality Council
(208) 634-5951

Steve West, Regional Administrator
Idaho Division of Environmental Quality/ Boise Regional Office
(208) 373-0550

STATEMENT OF PURPOSE/ FISCAL NOTE                       S 1336