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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
]]]] 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 |
| 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.
.
 
| 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 |