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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 - 2002IN 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