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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 - 2003
IN 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