2003 Legislation
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HOUSE BILL NO. 394 – Environmnt compliance agreement


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 394
                                BY WAYS AND MEANS COMMITTEE
  1                                        AN ACT
  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 / Fiscal Impact

                       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.

Name: Roy Eiguren, Amalgamated Sugar Company 
Phone: (208) 388-1313

STATEMENT OF PURPOSE/FISCAL NOTE                         H 394