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H0150aaS...........................................by ENVIRONMENTAL AFFAIRS ENVIRONMENTAL QUALITY DEPARTMENT - Amends existing law to provide that the Department of Environmental Quality shall utilize the best available peer reviewed science and supporting studies when proposing rules; and to provide for a summary of certain information in the notice of rulemaking when a rule proposes a standard necessary to protect human health and the environment. 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 02/17 3rd rdg - PASSED - 51-18-1 AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ridinger, Ring, Roberts, Rydalch, Schaefer(Schaefer), Shirley, Skippen, Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- Andersen, Bieter, Boe, Cuddy, Douglas, Henbest, Jaquet, Jones, Langhorst, Martinez, Mitchell, Naccarato, Ringo, Robison, Sayler, Shepherd, Smith(30), Smith(24) Absent and excused -- Sali Floor Sponsors - Campbell & Raybould Title apvd - to Senate 02/18 Senate intro - 1st rdg - to Health/Wel 03/13 Rpt out - to 14th Ord 03/21 Rpt out amen - to 1st rdg as amen 03/24 1st rdg - to 2nd rdg as amen 03/25 2nd rdg - to 3rd rdg as amen 03/26 3rd rdg as amen- PASSED - 32-0-3 AYES -- Andreason, Bailey, Brandt, Burkett, Burtenshaw, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Bunderson, Calabretta, Sorensen Floor Sponsors - Ingram & Brandt Title apvd - to House 03/27 House concurred in Senate amens - to engros 03/28 Rpt engros - 1st rdg - to 2nd rdg as amen 03/31 2nd rdg - to 3rd rdg as amen 04/01 3rd rdg as amen - PASSED - 70-0-0 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, 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, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker. NAYS -- None Absent and excused -- None Floor Sponsors - Campbell & Raybould Title apvd - to enrol 04/02 Rpt enrol - Sp signed 04/03 Pres signed 04/04 To Governor 04/08 Governor signed Session Law Chapter 259 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 150 BY ENVIRONMENTAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ADMINISTRATIVE RULES OF THE DEPARTMENT AND BOARD OF ENVIRONMENTAL 3 QUALITY; AMENDING SECTION 39-107D, IDAHO CODE, TO PROVIDE THAT THE DEPART- 4 MENT OF ENVIRONMENTAL QUALITY SHALL UTILIZE THE BEST AVAILABLE DATA WHICH 5 HAS BEEN SUBJECT TO PEER REVIEWED SCIENCE AND SUPPORTING STUDIES WHEN 6 PROPOSING RULES AND TO PROVIDE FOR ADDITIONAL MATERIAL IN THE NOTICE OF 7 RULEMAKING WHEN A RULE PROPOSES A STANDARD NECESSARY TO PROTECT HUMAN 8 HEALTH AND THE ENVIRONMENT. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 39-107D, Idaho Code, be, and the same is hereby 11 amended 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) In proposing any rule or portions of any rule subject to this sec- 25 tion, the department shall utilize the best available data which has been sub- 26 ject to peer reviewed science and supporting studies. 27 (3) Any proposed rule subject to this section which proposes a standard 28 necessary to protect human health and the environment shall also include in 29 the notice of proposed rulemaking and rulemaking record requirements under 30 chapter 52, title 67, Idaho Code, the following additional information: 31 (a) Identification of each population or receptor addressed by an esti- 32 mate of public health effects or environmental effects; and 33 (b) Identification of the expected risk or central estimate of risk for 34 the specific population or receptor; and 35 (c) Identification of each appropriate upper bound or lower bound esti- 36 mate of risk; and 37 (d) Identification of each significant uncertainty identified in the 38 process of the assessment of public health effects or environmental 39 effects and any studies that would assist in resolving the uncertainty; 40 and 41 (e) Identification of studies known to the department that support, are 42 directly relevant to or fail to support any estimate of public health 43 effects or environmental effects and the methodology used to reconcile 2 1 inconsistencies in the data. 2 (4) Any rule promulgated or adopted by the board which is broader in 3 scope or more stringent than federal law or regulations, or which regulates an 4 activity not regulated by the federal government, submitted to the standing 5 committee of the legislature pursuant to section 67-5291, Idaho Code, shall 6 include a notice by the board identifying the portions of the adopted rule 7 that are broader in scope or more stringent than federal law or rules, or 8 which regulate an activity not regulated by the federal government. Any rule 9 adopted by the board subject to subsection (3) of this section and submitted 10 to the standing committee of the legislature pursuant to section 67-5291, 11 Idaho Code, shall include the information referenced in subsection (3) of this 12 section. 13 (35) Nothing provided herein is intended to alter the scope or effect of 14 sections 39-105(3)(g)(v), 39-118B, 39-3601, 39-4404, 39-6205, 39-7210 and 15 39-7404, Idaho Code, or any other provision of state law which limits or pro- 16 hibits agency action or rulemaking that is broader in scope or more stringent 17 than federal law or regulations.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003Moved by Ingram Seconded by Brandt IN THE SENATE SENATE AMENDMENT TO H.B. NO. 150 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 24 through 43; and on page 2, 3 delete lines 1 and 2 and insert: 4 "(2) To the degree that a department action is based on science, in pro- 5 posing any rule or portions of any rule subject to this section, the depart- 6 ment shall utilize: 7 (a) The best available peer reviewed science and supporting studies con- 8 ducted in accordance with sound and objective scientific practices; and 9 (b) Data collected by accepted methods or best available methods if the 10 reliability of the method and the nature of the decision justifies use of 11 the data. 12 (3) Any proposed rule subject to this section which proposes a standard 13 necessary to protect human health and the environment shall also include in 14 the rulemaking record requirements under chapter 52, title 67, Idaho Code, the 15 following additional information: 16 (a) Identification of each population or receptor addressed by an esti- 17 mate of public health effects or environmental effects; and 18 (b) Identification of the expected risk or central estimate of risk for 19 the specific population or receptor; and 20 (c) Identification of each appropriate upper bound or lower bound esti- 21 mate of risk; and 22 (d) Identification of each significant uncertainty identified in the 23 process of the assessment of public health effects or environmental 24 effects and any studies that would assist in resolving the uncertainty; 25 and 26 (e) Identification of studies known to the department that support, are 27 directly relevant to, or fail to support any estimate of public health 28 effects or environmental effects and the methodology used to reconcile 29 inconsistencies in the data. 30 (4) The department shall also include a summary of the information 31 required by subsection (3) of this section in the notice of rulemaking 32 required by chapter 52, title 67, Idaho Code. 33 (5) Any rule promulgated or adopted by the board which is broader in"; 34 delete lines 8 through 13 and insert: "which regulate an activity not regu- 35 lated by the federal government. 36 (36) Nothing provided herein is intended to alter the scope or effect 37 of". 38 CORRECTION TO TITLE 39 On page 1, delete lines 4 through 6 and insert: "MENT OF ENVIRONMENTAL 40 QUALITY SHALL UTILIZE THE BEST AVAILABLE PEER REVIEWED SCIENCE AND SUPPORTING 41 STUDIES CONDUCTED IN ACCORDANCE WITH SOUND AND OBJECTIVE SCIENTIFIC PRACTICES 42 AND DATA COLLECTED BY ACCEPTED METHODS OR BEST AVAILABLE METHODS IF THE RELI- 43 ABILITY OF THE METHOD AND THE NATURE OF THE DECISION JUSTIFIES USE OF THE DATA 2 1 WHEN PROPOSING RULES AND TO PROVIDE FOR A SUMMARY OF CERTAIN INFORMATION IN 2 THE NOTICE OF".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 150, As Amended in the Senate BY ENVIRONMENTAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ADMINISTRATIVE RULES OF THE DEPARTMENT AND BOARD OF ENVIRONMENTAL 3 QUALITY; AMENDING SECTION 39-107D, IDAHO CODE, TO PROVIDE THAT THE DEPART- 4 MENT OF ENVIRONMENTAL QUALITY SHALL UTILIZE THE BEST AVAILABLE PEER 5 REVIEWED SCIENCE AND SUPPORTING STUDIES CONDUCTED IN ACCORDANCE WITH SOUND 6 AND OBJECTIVE SCIENTIFIC PRACTICES AND DATA COLLECTED BY ACCEPTED METHODS 7 OR BEST AVAILABLE METHODS IF THE RELIABILITY OF THE METHOD AND THE NATURE 8 OF THE DECISION JUSTIFIES USE OF THE DATA WHEN PROPOSING RULES AND TO PRO- 9 VIDE FOR A SUMMARY OF CERTAIN INFORMATION IN THE NOTICE OF RULEMAKING WHEN 10 A RULE PROPOSES A STANDARD NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVI- 11 RONMENT. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 39-107D, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 39-107D. RULES OF DEPARTMENT OR BOARD. (1) The legislature directs that 16 any rule formulated and recommended by the department to the board which is 17 broader in scope or more stringent than federal law or regulations, or pro- 18 poses to regulate an activity not regulated by the federal government, is sub- 19 ject to the following additional requirements: the notice of proposed rulemak- 20 ing and rulemaking record requirements under chapter 52, title 67, Idaho Code, 21 must clearly specify that the proposed rule, or portions of the proposed rule, 22 are broader in scope or more stringent than federal law or regulations, or 23 regulate an activity not regulated by the federal government, and delineate 24 which portions of the proposed rule are broader in scope or more stringent 25 than federal law or regulations, or regulate an activity not regulated by the 26 federal government. 27 (2) To the degree that a department action is based on science, in pro- 28 posing any rule or portions of any rule subject to this section, the depart- 29 ment shall utilize: 30 (a) The best available peer reviewed science and supporting studies con- 31 ducted in accordance with sound and objective scientific practices; and 32 (b) Data collected by accepted methods or best available methods if the 33 reliability of the method and the nature of the decision justifies use of 34 the data. 35 (3) Any proposed rule subject to this section which proposes a standard 36 necessary to protect human health and the environment shall also include in 37 the rulemaking record requirements under chapter 52, title 67, Idaho Code, the 38 following additional information: 39 (a) Identification of each population or receptor addressed by an esti- 40 mate of public health effects or environmental effects; and 41 (b) Identification of the expected risk or central estimate of risk for 42 the specific population or receptor; and 43 (c) Identification of each appropriate upper bound or lower bound esti- 2 1 mate of risk; and 2 (d) Identification of each significant uncertainty identified in the 3 process of the assessment of public health effects or environmental 4 effects and any studies that would assist in resolving the uncertainty; 5 and 6 (e) Identification of studies known to the department that support, are 7 directly relevant to, or fail to support any estimate of public health 8 effects or environmental effects and the methodology used to reconcile 9 inconsistencies in the data. 10 (4) The department shall also include a summary of the information 11 required by subsection (3) of this section in the notice of rulemaking 12 required by chapter 52, title 67, Idaho Code. 13 (5) Any rule promulgated or adopted by the board which is broader in 14 scope or more stringent than federal law or regulations, or which regulates an 15 activity not regulated by the federal government, submitted to the standing 16 committee of the legislature pursuant to section 67-5291, Idaho Code, shall 17 include a notice by the board identifying the portions of the adopted rule 18 that are broader in scope or more stringent than federal law or rules, or 19 which regulate an activity not regulated by the federal government. 20 (36) Nothing provided herein is intended to alter the scope or effect of 21 sections 39-105(3)(g)(v), 39-118B, 39-3601, 39-4404, 39-6205, 39-7210 and 22 39-7404, Idaho Code, or any other provision of state law which limits or pro- 23 hibits agency action or rulemaking that is broader in scope or more stringent 24 than federal law or regulations.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 12599 The bill clarifies the intent of Section 107D, Chapter 39, Idaho Code, related to certain rule making requirements by the Idaho Department of Environmental Quality (DEQ). The bill requires that the department utilize the best available science and apply well established risk assessment methods when passing rules that are more stringent or broader in scope than federal rules. The bill places in state law the existing requirements imposed on the United States Environmental Protection Agency (EPA) under the federal law when EPA passes rules. FISCAL IMPACT There is no fiscal impact to the general fund. The bill requires only that the department base rules and standards on sound data and that they disclose that data. Department funds may be required if additional studies are needed to substantiate new rules. Contact Name: Dick Rush, Idaho Association of Commerce and Industry Phone: 343-1849 STATEMENT OF PURPOSE/FISCAL NOTE H 150