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
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 - 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.
|||| 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".
|||| 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.
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