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H0489..............................................by ENVIRONMENTAL AFFAIRS
BASIN ENVIRONMENTAL IMPROVEMENT PROJECT COMMISSION - Amends existing law to
provide that the board of commissioners of the Basin Environmental
Improvement Project Commission shall include one representative of the
state of Washington appointed by the governor of Washington.
01/25 House intro - 1st rdg - to printing
01/28 Rpt prt - to Env Aff
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 67-1-2
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Martinez, McKague, Meyer, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Barrett
Absent and excused -- Callister, Montgomery
Floor Sponsor - Pischner
Title apvd - to Senate
02/05 Senate intro - 1st rdg - to Health/Wel
02/08 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 29-3-3
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Goedde, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Marley,
Noh, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Williams
NAYS -- Keough, Schroeder, Sims
Absent and excused -- Geddes, Hawkins, Richardson
Floor Sponsor - Brandt
Title apvd - to House
02/13 To enrol
02/14 Rpt enrol - Sp signed
02/15 Pres signed
02/18 To Governor
02/19 Governor signed
Session Law Chapter 39
Effective: 02/19/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 489
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE BASIN ENVIRONMENTAL IMPROVEMENT PROJECT COMMISSION; AMENDING
3 SECTION 39-8106, IDAHO CODE, TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF
4 THE COMMISSION SHALL INCLUDE ONE REPRESENTATIVE OF THE STATE OF WASHINGTON
5 APPOINTED BY THE GOVERNOR OF WASHINGTON; AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 39-8106, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-8106. BASIN PROJECT COMMISSION -- ESTABLISHMENT -- COMPOSITION --
10 POWERS -- DUTIES -- FUNDING. (1) The basin environmental improvement project
11 commission is hereby created and shall become operational when the director of
12 the department of environmental quality, by execution of an appropriate order,
13 determines that:
14 (a) Significant funds from any source have been provided to the basin
15 improvement fund and financing authority; or
16 (b) Any one (1) or more agreements or compacts have been entered into
17 between the state of Idaho and the state of Washington, the Coeur d'Alene
18 tribe or the United States of America providing for participation in the
19 basin project commission and financing authority.
20 (2) Any agreement or compact providing for participation in the basin
21 project commission and financing authority shall be consistent with the terms
22 of this chapter.
23 (3) The board of commissioners of the basin project commission shall
24 include one (1) representative of the state of Idaho and one (1) representa-
25 tive from each of the county commissions of Shoshone, Kootenai and Benewah
26 counties of the state of Idaho as appointed by the governor of the state of
27 Idaho. Upon participation of the state of Washington, the Coeur d'Alene tribe
28 or the United States of America through agreement or compact, the board of
29 commissioners shall also include, according to such participation: one (1)
30 representative of the county commission of Spokane county of the state of
31 Washington appointed by the governor of Washington; one (1) tribal council
32 member of the Coeur d'Alene tribe appointed by the council of the Coeur
33 d'Alene tribe; and one (1) representative of the United States of America
34 appointed by the president of the United States of America.
35 (4) The commission shall act by majority vote except that the vote of any
36 commissioner representative of the state of Idaho, the Coeur d'Alene tribe or
37 the United States of America, or the unanimous vote of all three (3) commis-
38 sioners representing Shoshone, Kootenai and Benewah counties, may veto any
39 majority vote, in which event the action is not valid. The commission may
40 establish an advisory group to provide local citizen input to the commission
41 in the performance of its duties. The commission shall distribute and publish
42 a public involvement policy, to include procedures to assure adherence to the
43 open meeting law and the public records act.
2
1 (5) The commission shall adopt as the basin project workplan a record of
2 decisions approved pursuant to the federal comprehensive environmental respon-
3 sibility compensation and liability act of 1980 (CERCLA), as amended, by the
4 environmental protection agency of the United States of America, the depart-
5 ment of environmental quality of the state of Idaho and, upon its participa-
6 tion, the Coeur d'Alene tribe, for environmental remediation and related mea-
7 sures pertaining to contamination by heavy metals in the basin. Amendment of
8 the basin project workplan shall be made by the commission upon approval of
9 the United States environmental protection agency, the Idaho department of
10 environmental quality and the Coeur d'Alene tribe.
11 (6) The commission shall, to the extent that funds are available from the
12 financing authority and any other source, implement the basin project
13 workplan.
14 (7) The commission may select institutional control measures in implemen-
15 tation of the basin project workplan. The measures shall be adopted and imple-
16 mented by appropriate local and tribal governments as a condition of
17 remediation or restoration activities within those jurisdictions.
18 (8) The commission shall appoint an executive director to administer the
19 basin project.
20 (9) The commissioner representing the state of Idaho and, in the event of
21 participation through agreement or compact, the commissioners representing the
22 United States of America and the Coeur d'Alene tribe, shall annually fix and
23 determine, consistent with the basin project workplan and its schedule, the
24 priorities of the basin project, the amount of money required from the financ-
25 ing authority, federal grants and taxation for implementing the basin project
26 priorities including costs of construction and other activities, costs of
27 operation and maintenance of the work, equipment of the basin project, and
28 costs of administration.
29 (10) The commission shall have, within the basin, the authority of a board
30 of commissioners of a flood control district as provided in chapter 31, title
31 42, Idaho Code, and the authority of a board of commissioners of a drainage
32 district as provided in chapters 29 and 30, title 42, Idaho Code.
33 (11) The commission shall have the following powers and duties which may
34 be exercised through the executive director of the basin project commission:
35 (a) To employ personnel as may be necessary to carry out the purposes and
36 objectives of the basin project commission;
37 (b) To sue and be sued in the name of the basin project commission and to
38 make and execute contracts and other instruments necessary or convenient
39 to the exercise of its power;
40 (c) To manage and conduct the business and affairs of the basin project
41 commission, both within and without the basin;
42 (d) To design, construct, operate and maintain structural works and
43 actions as provided by the basin project workplan or procure or contract
44 for the performance of those works and actions or portions thereof by any
45 local, state, tribal or federal governmental entity or any private entity
46 or individual;
47 (e) To prescribe the duties of officers, agents and employees as may be
48 required;
49 (f) To establish the fiscal year of the basin project commission, to keep
50 records of all business transactions of the basin project commission and
51 to provide an annual public accounting of all expenditures;
52 (g) To obtain options upon and acquire by purchase, exchange, lease,
53 gift, grant, bequest, devise, or otherwise, any real or personal property,
54 and improve any properties acquired; to receive income from properties and
55 to expend the income in carrying out the purposes and provisions of the
3
1 basin project commission; and to lease any of its property or interest
2 therein in furtherance of the purposes and provisions of the basin project
3 commission;
4 (h) To convey rights-of-way and easements for highways, public roads,
5 public utilities, and for other purposes, over basin project property, as
6 shall be determined by the commission to be in the best interests of the
7 basin project;
8 (i) To convey by deed, bill of sale, or other appropriate instrument all
9 of the estate and interest of the basin project commission, in any real or
10 personal property;
11 (j) To enter into contracts or agreements with the United States of Amer-
12 ica or any of its agencies, the states of Idaho or Washington or any of
13 their agencies or political subdivisions or the Coeur d'Alene tribe or any
14 of its agencies or subdivisions or private entities or individuals and to
15 cooperate with those governments, agencies, subdivisions, private entities
16 or individuals in effectuating, promoting and accomplishing the purposes
17 of the basin project;
18 (k) To bear its allocated share of the cost of any project resulting from
19 any contract or agreement entered into as provided in this chapter;
20 (l) To assume, administer and maintain pursuant to any agreement or con-
21 tract entered into in accordance with this chapter any environmental
22 remediation or restoration measure within the basin undertaken by or in
23 cooperation with the United States of America or any of its agencies, the
24 states of Idaho or Washington or any of their agencies or subdivisions, or
25 the Coeur d'Alene tribe or any of its agencies or subdivisions, or any
26 combinations thereof;
27 (m) To accept donations, gifts and contributions in money, services,
28 materials, or otherwise, from the United States of America or any of its
29 agencies, or the states of Idaho or Washington or any of their agencies or
30 political subdivisions, or the Coeur d'Alene tribe or any of its agencies
31 or subdivisions, or private entities or individuals, or any combinations
32 thereof, and to expend such moneys, services, or materials in carrying on
33 its operations;
34 (n) To exercise all other powers necessary or helpful in carrying out the
35 purposes and provisions of the basin project commission as provided in
36 this chapter and by agreements or compacts between the states of Idaho and
37 Washington, the Coeur d'Alene tribe and the United States of America.
38 SECTION 2. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect on and after its
40 passage and approval.
STATEMENT OF PURPOSE
RS 11742
This legislation deletes the requirement that a Washington State
Basin Project Commission representative be from Spokane County and
allows the position to be selected by the governor.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Representative Pischner
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 489