2003 Legislation
Print Friendly

HOUSE BILL NO. 150 – DEQ, rules, supporting studies

HOUSE BILL NO. 150

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN 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.

Statement of Purpose / Fiscal Impact


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