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H0394.....................................................by WAYS AND MEANS ENVIRONMENTAL COMPLIANCE AGREEMENT - Adds to existing law to provide for environmental compliance agreement schedules. 03/31 House intro - 1st rdg - to printing 04/01 Rpt prt - to Env Aff 04/03 Rpt out - rec d/p - to 2nd rdg 04/04 2nd rdg - to 3rd rdg 04/08 3rd rdg - PASSED - 66-3-1 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford(Larsen), Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail(Young), Wills, Wood, Mr. Speaker NAYS -- Kulczyk, Lanford, Schaefer Absent and excused -- Roberts Floor Sponsors - Snodgrass & Sayler Title apvd - to Senate 04/09 Senate intro - 1st rdg - to Health/Wel 04/11 Rpt out - rec d/p - to 2nd rdg 04/14 2nd rdg - to 3rd rdg 04/15 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble Floor Sponsor - Kennedy Title apvd - to House 04/16 To enrol 04/17 Rpt enrol - Sp signed 04/18 Pres signed 04/21 To Governor 04/24 Governor signed Session Law Chapter 317 Effective: 04/24/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 394 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO ENVIRONMENTAL QUALITY; AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 39-116A, IDAHO CODE, TO PROVIDE FOR COM- 4 PLIANCE AGREEMENT SCHEDULES; AND DECLARING AN EMERGENCY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 8 ignated as Section 39-116A, Idaho Code, and to read as follows: 9 39-116A. COMPLIANCE AGREEMENT SCHEDULES. (1) The director is hereby 10 authorized to enter into a compliance agreement schedule with any person. An 11 agreement entered into under this section shall not relieve any person from 12 the obligation to comply with applicable human health and environmental pro- 13 tection statutes and rules, but may include an enforceable schedule for 14 actions necessary for the person to come into or maintain compliance as expe- 15 ditiously as practicable with such statutes and rules, if the person demon- 16 strates to the satisfaction of the department that such a schedule is appro- 17 priate, given the factors listed in subsection (4) of this section. The provi- 18 sions of this section shall not apply where prohibited by federal or state 19 law. 20 (2) The department may propose, and the board adopt, rules necessary for 21 the implementation of this section. 22 (3) In establishing any compliance agreement schedule, the term of the 23 agreement shall not exceed ten (10) years, although successive agreements may 24 be entered into. Agreements shall provide for annual meetings between the 25 department and the person to reassess whether, considering the factors listed 26 in subsection (4) of this section, the schedule and other terms of the agree- 27 ment are still appropriate. All agreements must be signed by the director or 28 his designee and an authorized representative on behalf of the person. All 29 agreements are enforceable as orders under the provisions of this chapter. 30 (4) Agreements and schedules entered into under this act shall take into 31 account, in descending priority the: 32 (a) Protection of public health; 33 (b) Protection of environment; 34 (c) Ability of the person to pay for costs of compliance; 35 (d) Current fiscal obligations of the person; 36 (e) Other factors as determined by the department or the board. 37 SECTION 2. An emergency existing therefor, which emergency is hereby 38 declared to exist, this act shall be in full force and effect on and after its 39 passage and approval.
STATEMENT OF PURPOSE RS 13254C1 The purpose of this bill is to provide the legal authority to the Idaho Department of Environmental Quality to voluntarily enter into agreements with persons and organizations it regulates to implement multi-year environmental compliance schedules in situations where the person or organization is already in compliance with applicable federal and state environmental laws and rules but desires to take additional actions to improve environmental quality. Current law limits the authority of the Department to enter into compliance schedules or consent orders only if a person or organization is not in compliance with such laws and rules. This legislation will provide a new mechanism for the Department and the persons and organizations it regulates to jointly implement long term strategies to utilize new environmental technologies, processes and techniques in progressive and innovative ways.FISCAL IMPACT No impact to the General Fund. Contact Name: Roy Eiguren, Amalgamated Sugar Company Phone: (208) 388-1313 STATEMENT OF PURPOSE/FISCAL NOTE H 394