2002 Legislation
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HOUSE BILL NO. 658 – Rules, Environmental Quality Dept

HOUSE BILL NO. 658

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Daily Data Tracking History



H0658.....................................................by WAYS AND MEANS
ADMINISTRATIVE RULES - DEPARTMENT OF ENVIRONMENTAL QUALITY - Adds to
existing law to provide procedures if the rules of the Department or Board
of Environmental Quality are more stringent than federal law or
regulations, or propose to regulate an activity not regulated by the
federal government.
                                                                        
02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - to Env Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 67-0-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Lake, Langford,
      Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, 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 -- None
      Absent and excused -- Deal, Kunz, Mortensen
    Floor Sponsors - Barraclough & Campbell
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to St Aff
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
      Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Ipsen
    Floor Sponsor - Darrington
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 144
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 658
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RULES OF THE DEPARTMENT AND BOARD OF ENVIRONMENTAL QUALITY; AMEND-
  3        ING CHAPTER 1, TITLE 39, IDAHO CODE, BY THE  ADDITION  OF  A  NEW  SECTION
  4        39-107D,  IDAHO  CODE, TO PROVIDE PROCEDURES IF RULES OF THE DEPARTMENT OR
  5        BOARD OF ENVIRONMENTAL QUALITY ARE MORE STRINGENT THAN FEDERAL LAW OR REG-
  6        ULATIONS OR PROPOSE TO REGULATE AN ACTIVITY NOT REGULATED BY  THE  FEDERAL
  7        GOVERNMENT.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  1,  Title  39, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 39-107D, Idaho Code, and to read as follows:
                                                                        
 12        39-107D.  RULES  OF  DEPARTMENT OR BOARD. (1) The legislature directs that
 13    any rule formulated and recommended by the department to the  board  which  is
 14    broader  in  scope  or more stringent than federal law or regulations, or pro-
 15    poses to regulate an activity not regulated by the federal government, is sub-
 16    ject to the following additional requirements: the notice of proposed rulemak-
 17    ing and rulemaking record requirements under chapter 52, title 67, Idaho Code,
 18    must clearly specify that the proposed rule, or portions of the proposed rule,
 19    are broader in scope or more stringent than federal  law  or  regulations,  or
 20    regulate  an  activity  not regulated by the federal government, and delineate
 21    which portions of the proposed rule are broader in  scope  or  more  stringent
 22    than federal law or  regulations, or regulate an activity not regulated by the
 23    federal government.
 24        (2)  Any  rule  promulgated  or  adopted  by the board which is broader in
 25    scope or more stringent than federal law or regulations, or which regulates an
 26    activity not regulated by the federal government, submitted  to  the  standing
 27    committee  of  the  legislature pursuant to section 67-5291, Idaho Code, shall
 28    include a notice by the board identifying the portions  of  the  adopted  rule
 29    that  are  broader  in  scope  or more stringent than federal law or rules, or
 30    which regulate an activity not regulated by the federal government.
 31        (3)  Nothing provided herein is intended to alter the scope or  effect  of
 32    sections  39-105(3)(g)(v),  39-118B,  39-3601,  39-4404,  39-6205, 39-7210 and
 33    39-7404, Idaho Code, or any other provision of state law which limits or  pro-
 34    hibits  agency action or rulemaking that is broader in scope or more stringent
 35    than federal law or regulations.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12100

The purpose of the bill is to require that the Department of
Environmental Quality notify the public, the Board of
Environmental Quality, and the Legislature when it proposes a
rule that is more stringent or broader in scope than federal law
or regulation or when it proposes to regulate an activity not
regulated by the federal government.



                          FISCAL IMPACT

There will be no fiscal impact.

Contact
Name: Dick Rush, Idaho Association of Commerce & Industry 
Phone: (208) 343-1849
Name: Jack Lyman, Idaho Mining Association
       (208) 342-0031



STATEMENT OF PURPOSE/FISCAL NOTE                       H 658