2003 Legislation
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HOUSE BILL NO. 149 – Basin Environmental Improvemnt Proj

HOUSE BILL NO. 149

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Daily Data Tracking History



H0149..............................................by ENVIRONMENTAL AFFAIRS
BASIN ENVIRONMENTAL IMPROVEMENT PROJECT - Amends existing law to revise the
duties of the Board of Commissioners of the Basin Project Commission.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Env Aff
02/11    Rpt out - rec d/p - to 2nd rdg
02/12    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bieter, Jones, Wood
    Floor Sponsors - Shepherd, Campbell, Sayler
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to Res/Env
03/24    Rpt out - rec d/p - to 2nd rdg
03/25    2nd rdg - to 3rd rdg
03/31    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Burkett(Roberts), Bunderson,
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Ingram, McWilliams, Noble
    Floor Sponsor - Calabretta
    Title apvd - to House
04/01    To enrol
04/02    Rpt enrol - Sp signed
04/03    Pres signed
04/04    To Governor
    Governor signed
         Session Law Chapter 220
         Effective: 04/04/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 149
                                                                        
                             BY ENVIRONMENTAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BASIN ENVIRONMENTAL IMPROVEMENT PROJECT  COMMISSION;  AMENDING
  3        SECTION  39-8106, IDAHO CODE, TO REVISE THE DUTIES OF THE BOARD OF COMMIS-
  4        SIONERS; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 39-8106, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        39-8106.  BASIN  PROJECT  COMMISSION  --  ESTABLISHMENT  -- COMPOSITION --
  9    POWERS -- DUTIES -- FUNDING. (1) The basin environmental  improvement  project
 10    commission is hereby created and shall become operational when the director of
 11    the department of environmental quality, by execution of an appropriate order,
 12    determines that:
 13        (a)  Significant  funds  from  any source have been provided to the  basin
 14        improvement fund and financing authority; or
 15        (b)  Any one (1) or more agreements or compacts  have  been  entered  into
 16        between  the state of Idaho and the state of Washington, the Coeur d'Alene
 17        tribe or the United States of America providing for participation  in  the
 18        basin project commission and financing authority.
 19        (2)  Any  agreement  or  compact  providing for participation in the basin
 20    project commission and financing authority shall be consistent with the  terms
 21    of this chapter.
 22        (3)  The  board  of  commissioners  of  the basin project commission shall
 23    include one (1) representative of the state of Idaho and one  (1)  representa-
 24    tive  from  each  of  the county commissions of Shoshone, Kootenai and Benewah
 25    counties of the state of Idaho as appointed by the governor of  the  state  of
 26    Idaho.  Upon participation of the state of Washington, the Coeur d'Alene tribe
 27    or the United States of America through agreement or  compact,  the  board  of
 28    commissioners  shall  also  include,  according to such participation: one (1)
 29    representative of the state of Washington appointed by the governor  of  Wash-
 30    ington;  one (1) tribal council member of the Coeur d'Alene tribe appointed by
 31    the council of the Coeur d'Alene tribe; and  one  (1)  representative  of  the
 32    United  States  of  America appointed by the president of the United States of
 33    America.
 34        (4)  The commission shall act by majority vote except that the vote of any
 35    commissioner representative of the state of Idaho, the Coeur d'Alene tribe  or
 36    the  United  States of America, or the unanimous vote of all three (3) commis-
 37    sioners representing Shoshone, Kootenai and Benewah  counties,  may  veto  any
 38    majority vote, in which event the action is not valid. The fiduciary duties of
 39    each  commissioner  shall  be  to  their respective federal, tribal, state, or
 40    local governmental entity and such duties shall  not  disqualify  any  commis-
 41    sioner  from  full  participation in any commission action. The commission may
 42    establish an advisory group to provide local citizen input to  the  commission
 43    in  the performance of its duties. The commission shall distribute and publish
                                                                        
                                           2
                                                                        
  1    a public involvement policy, to include procedures to assure adherence to  the
  2    open meeting law and the public records act.
  3        (5)  The commission shall adopt as the basin project workplan a record of
  4    decisions approved pursuant to the federal comprehensive environmental respon-
  5    sibility  compensation  and liability act of 1980 (CERCLA), as amended, by the
  6    environmental protection agency of the United States of America,  the  depart-
  7    ment  of  environmental quality of the state of Idaho and, upon its participa-
  8    tion, the Coeur d'Alene tribe, for environmental remediation and related  mea-
  9    sures  pertaining to contamination by heavy metals in the  basin. Amendment of
 10    the basin project workplan shall be made by the commission  upon  approval  of
 11    the  United  States  environmental  protection agency, the Idaho department of
 12    environmental quality and the Coeur d'Alene tribe.
 13        (6)  The commission shall, to the extent that funds are available from the
 14    financing  authority  and  any  other  source,  implement  the  basin  project
 15    workplan.
 16        (7)  The commission may select institutional control measures in implemen-
 17    tation of the basin project workplan. The measures shall be adopted and imple-
 18    mented  by  appropriate  local  and  tribal  governments  as  a  condition  of
 19    remediation or restoration activities within those jurisdictions.
 20        (8)  The commission shall appoint an executive director to administer  the
 21    basin project.
 22        (9)  The commissioner representing the state of Idaho and, in the event of
 23    participation through agreement or compact, the commissioners representing the
 24    United  States  of America and the Coeur d'Alene tribe, shall annually fix and
 25    determine, consistent with the basin project workplan and  its  schedule,  the
 26    priorities of the basin project, the amount of money required from the financ-
 27    ing  authority, federal grants and taxation for implementing the basin project
 28    priorities including costs of construction  and  other  activities,  costs  of
 29    operation  and  maintenance  of  the work, equipment of the basin project, and
 30    costs of administration.
 31        (10) The commission shall have, within the basin, the authority of a board
 32    of commissioners of a flood control district as provided in chapter 31,  title
 33    42,  Idaho  Code,  and the authority of a board of commissioners of a drainage
 34    district as provided in chapters 29 and 30, title 42, Idaho Code.
 35        (11) The commission shall have the following powers and duties  which  may
 36    be exercised through the executive director of the basin project commission:
 37        (a)  To employ personnel as may be necessary to carry out the purposes and
 38        objectives of the basin project commission;
 39        (b)  To sue and be sued in the name of the basin project commission and to
 40        make  and  execute contracts and other instruments necessary or convenient
 41        to the exercise of its power;
 42        (c)  To manage and conduct the business and affairs of the  basin  project
 43        commission, both within and without the  basin;
 44        (d)  To  design,  construct,  operate  and  maintain  structural works and
 45        actions as provided by the basin project workplan or procure  or  contract
 46        for  the performance of those works and actions or portions thereof by any
 47        local, state, tribal or federal governmental entity or any private  entity
 48        or individual;
 49        (e)  To  prescribe  the duties of officers, agents and employees as may be
 50        required;
 51        (f)  To establish the fiscal year of the basin project commission, to keep
 52        records of all business transactions of the basin project  commission  and
 53        to provide an annual public accounting of all expenditures;
 54        (g)  To  obtain  options  upon  and  acquire by purchase, exchange, lease,
 55        gift, grant, bequest, devise, or otherwise, any real or personal property,
                                                                        
                                           3
                                                                        
  1        and improve any properties  acquired; to receive  income  from  properties
  2        and  to  expend  the income in carrying out the purposes and provisions of
  3        the basin project commission; and to lease any of its property or interest
  4        therein in furtherance of the purposes and provisions of the basin project
  5        commission;
  6        (h)  To convey rights-of-way and easements  for  highways,  public  roads,
  7        public  utilities, and for other purposes, over basin project property, as
  8        shall be determined by the commission to be in the best interests  of  the
  9        basin project;
 10        (i)  To  convey by deed, bill of sale, or other appropriate instrument all
 11        of the estate and interest of the basin project commission, in any real or
 12        personal property;
 13        (j)  To enter into contracts or agreements with the United States of Amer-
 14        ica or any of its agencies, the states of Idaho or Washington  or  any  of
 15        their agencies or political subdivisions or the Coeur d'Alene tribe or any
 16        of  its agencies or subdivisions or private entities or individuals and to
 17        cooperate with those governments, agencies, subdivisions, private entities
 18        or individuals in effectuating, promoting and accomplishing  the  purposes
 19        of the basin project;
 20        (k)  To bear its allocated share of the cost of any project resulting from
 21        any contract or agreement entered into as provided in this chapter;
 22        (l)  To  assume, administer and maintain pursuant to any agreement or con-
 23        tract entered into in  accordance  with  this  chapter  any  environmental
 24        remediation  or  restoration measure within the  basin undertaken by or in
 25        cooperation with the United States of America or any of its agencies,  the
 26        states of Idaho or Washington or any of their agencies or subdivisions, or
 27        the  Coeur  d'Alene  tribe  or any of its agencies or subdivisions, or any
 28        combinations thereof;
 29        (m)  To accept donations, gifts  and  contributions  in  money,  services,
 30        materials,  or  otherwise, from the United States of America or any of its
 31        agencies, or the states of Idaho or Washington or any of their agencies or
 32        political subdivisions, or the Coeur d'Alene tribe or any of its  agencies
 33        or  subdivisions,  or private entities or individuals, or any combinations
 34        thereof, and to expend such moneys, services, or materials in carrying  on
 35        its operations;
 36        (n)  To exercise all other powers necessary or helpful in carrying out the
 37        purposes  and  provisions  of  the basin project commission as provided in
 38        this chapter and by agreements or compacts between the states of Idaho and
 39        Washington, the Coeur d'Alene tribe and the United States of America.
                                                                        
 40        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 41    declared to exist, this act shall be in full force and effect on and after its
 42    passage and approval.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12638

To provide that the full board of commissioners rather than a
portion of the board shall establish the basin project workplan and
budget. To recognize that the fiduciary duties of commissioners are
to their respective federal, tribal, state or local or governmental
entities and that such duties do not prevent their full
participation in commission actions.






                         FISCAL IMPACT

None.    











CONTACT
Name:        Steve Allred
Agency:      Environmental Quality, Dept of
Phone:       373-0240

Statement of Purpose/Fiscal Impact                      H 14