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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 accountsaid fund to offset amounts paid as reim- 42 bursement.
|Statement of Purpose|
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.
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.
Contact: Matt Freeman 334-4740
Legislative Services Office, Budget & Policy Analysis
|Statement of Purpose/Fiscal Note||Bill No. H648|