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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
|||| 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
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