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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
|||| 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
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