2004 Legislation
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HOUSE BILL NO. 648 – Hazardous substance emergency fund

HOUSE BILL NO. 648

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Bill Status



H0648.....................................................by APPROPRIATIONS
HAZARDOUS SUBSTANCE EMERGENCY RESPONSE FUND - Amends existing law to create
the Hazardous Substance Emergency Response Fund; and to provide that
recoveries by the state for reimbursed costs shall be deposited to the
fund.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to 2nd rdg
02/12    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Eskridge, Stevenson, Mr. Speaker
    Floor Sponsor - Bell
    Title apvd - to Senate
02/18    Senate intro - 1st rdg - to Fin
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Cameron
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 181
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 648
                                                                        
                                BY APPROPRIATIONS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT;  AMENDING  SECTION
  3        39-7112,  IDAHO CODE, TO CREATE THE HAZARDOUS SUBSTANCE EMERGENCY RESPONSE
  4        FUND AND TO PROVIDE THAT RECOVERIES BY  THE  STATE  FOR  REIMBURSED  COSTS
  5        SHALL BE DEPOSITED TO THE FUND.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 39-7112, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        39-7112.  COST RECOVERY AND CIVIL  REMEDIES.  (1)  The  military  division
 10    shall  be responsible for recovering those costs incurred by the state arising
 11    out of a hazardous substance incident identified  in  section  39-7109,  Idaho
 12    Code, and legal costs including attorney's fees, investigation costs and liti-
 13    gation costs.
 14        (2)  In  deciding  whether to commence a cost recovery action, and against
 15    whom a cost recovery action will be filed, the military division in exercising
 16    its prosecutorial discretion will take into consideration  the  cause  of  the
 17    incident, the total amount of cost incurred in responding to the incident, the
 18    avoidability  of  the incident and such other factors as the military division
 19    deems appropriate.
 20        (3)  The remedy for the recovery of those emergency response costs identi-
 21    fied in section 39-7109, Idaho Code, provided by this chapter shall be  exclu-
 22    sive  and  shall  not  be used in conjunction with or in addition to any other
 23    remedy for recovery of such costs provided by  applicable  federal  laws.  Any
 24    person  who receives compensation for the emergency response costs pursuant to
 25    any other federal or state law shall be precluded from recovering compensation
 26    for such costs pursuant to this chapter. Nothing in this chapter shall  other-
 27    wise  affect  or  modify in any way the obligations or liability of any person
 28    under any other provision of state or federal law, including common  law,  for
 29    damages,  injury or loss resulting from the release of any hazardous substance
 30    or for remedial action or the cost of remedial action for such release.
 31        (4)  It shall be the duty of the attorney general to  commence  any  civil
 32    action  brought  by  the  military  division  pursuant to this chapter. At the
 33    request of a political subdivision of the state or a local governmental entity
 34    who has responded to or contained a hazardous substance incident, the attorney
 35    general may commence a civil action on their behalf pursuant to this chapter.
 36        (5)  Any person who renders assistance in response  to  a  hazardous  sub-
 37    stance  incident  may file a civil action under the provisions of this chapter
 38    for recoverable costs which have not been reimbursed by the state.
 39        (6)  There is hereby created in the state treasury the hazardous substance
 40    emergency response fund. Recoveries by the state for reimbursed costs shall be
 41    deposited in the general account said fund to offset  amounts  paid  as  reim-
 42    bursement.

Statement of Purpose / Fiscal Impact


Statement of Purpose
RS14024

This bill amends the Hazardous Substance Emergency Response Act to provide that moneys recovered from spillers (after deficiency warrants have been issued for the cleanup of a hazardous substance incident) shall be deposited into the Hazardous Substance Emergency Response Fund instead of the General Fund.

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Fiscal Note

There is no net fiscal impact to the General Fund. Although this bill reduces the amount of money deposited to the General Fund, there will be a corresponding reduction in the amount of General Funds needed for reimbursement of deficiency warrants.

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Contact: Matt Freeman 334-4740

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. H648