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H0676aa............................................by ENVIRONMENTAL AFFAIRS
HAZARDOUS WASTE - TRANSPORTATION - Amends existing law to provide
references to radioactive materials; to set forth permit requirements for
persons who transport certain nuclear wastes; and to provide for permit
fees.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Env Aff
02/19 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/24 2nd rdg - to 3rd rdg as amen
02/26 3rd rdg as amen - PASSED - 44-22-4
AYES -- Andersen, Barraclough, Bauer, Bell, Black, Block, Boe,
Campbell, Cannon, Cuddy, Denney, Douglas, Edmunson, Ellsworth,
Field(18), Field(23), Harwood, Henbest, Jaquet, Jones, Langford,
Langhorst, Martinez, Meyer, Miller, Mitchell, Nielsen, Pasley-Stuart,
Raybould, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills
NAYS -- Barrett, Bayer, Bedke, Bolz, Bradford, Clark, Collins, Crow,
Eberle, Eskridge, Gagner, Garrett, Kellogg, Kulczyk, Lake, McGeachin,
McKague, Moyle, Ridinger, Roberts, Sali, Wood
Absent and excused -- Deal, Naccarato, Schaefer, Mr. Speaker
Floor Sponsors - Smith(30) & Meyer
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Health/Wel
03/11 Rpt out - to 14th Ord
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 676
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO HAZARDOUS WASTE; AMENDING SECTION 49-2202, IDAHO CODE, TO INCREASE
3 THE FEES APPLICABLE TO THE TRANSPORTATION OF HAZARDOUS WASTE AND TO MAKE
4 TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 49-2202, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 49-2202. PERMIT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTES. (1)
9 Every person, including a private carrier or a common or contract carrier, who
10 operates a vehicle on any highway of this state transporting hazardous waste
11 shall first procure from the department an annual or single trip permit for
12 each vehicle so driven in which the shipment meets any one of the following
13 qualifiers:
14 (a) Is required to be placarded pursuant to title 49, code of federal
15 regulations, part CFR 172;
16 (b) Is manifested on a United States environmental protection agency uni-
17 form hazardous waste manifest form 8700-22 and 8700-22aA, or its equiva-
18 lent;
19 (c) Is any waste material containing polychlorinated biphenyls (PCB)
20 which is regulated by title 40, code of federal regulations, part CFR 761;
21 but in the event waste material is being transported to a disposal facil-
22 ity approved in compliance with 40 CFR 761.70 or 40 CFR 761.75 and is
23 accompanied by a hazardous waste manifest form 8700-22 or 8700-22aA, or
24 its equivalent, then a permit shall be required regardless of the
25 polychlorinated biphenyl concentration.
26 This permit shall be available for examination and shall be displayed in
27 accordance with rules adopted by the department. The provisions of this sec-
28 tion shall not apply to vehicles owned by any city, county, state or federal
29 governmental department or agency, special purpose district created pursuant
30 to law or rural electric cooperatives.
31 (2) The fee for a single trip permit for the transportation of hazardous
32 waste shall be twenty seventy dollars ($270.00).
33 (3) The fee for an annual permit for the transportation of hazardous
34 waste shall be two five hundred fifty dollars ($2500).
35 (4) Any carrier required to pay the fees assessed pursuant to this sec-
36 tion is authorized to pass along such fees to the shipping party. No portion
37 of the fees shall be prorated, reduced or transferred to another vehicle.
38 (5) The department may select vendors to serve as agents on state high-
39 ways for the purpose of selling hazardous waste permits where fixed ports of
40 entry do not adequately serve a respective highway entering the state. The
41 vendor shall be remunerated at the rate of two dollars ($2.00) per permit
42 sold, and he shall collect the fees provided in this section, and pay the fees
43 to the department. The vendor shall guarantee payment by giving a bond to the
2
1 state of Idaho in a sum as shall be fixed by the department, the premium on
2 the bond to be paid by the department.
3 (6) The operation of a vehicle, which is subject to the permit require-
4 ments of this section in a negligent manner is a violation of the provisions
5 of this chapter.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Smith (30)
Seconded by Meyer
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 676
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 8, following "WASTES" insert: "AND
3 RADIOACTIVE MATERIALS"; in line 10, following "waste" insert: "or radioactive
4 materials"; following line 30 insert:
5 "(2) Every person, including a private carrier or a common or contract
6 carrier, who operates a vehicle on any highway of this state transporting
7 nuclear waste being transported to the Idaho national environmental and engi-
8 neering laboratory (INEEL) or the waste isolation pilot plant in New Mexico,
9 to any facility established pursuant to section 135 of the federal "Nuclear
10 Waste Policy Act of 1982" as amended, 42 U.S.C. 10101 et seq., to any reposi-
11 tory licensed for the permanent deep geological disposal of high-level radio-
12 active waste and spent nuclear fuel, or to any monitored retrievable storage
13 facility established pursuant to section 141 of the federal "Nuclear Waste
14 Policy Act of 1982" as amended shall first procure from the department an
15 annual or single trip permit for each vehicle so driven. This permit shall be
16 available for examination and shall be displayed in accordance with rules
17 adopted by the department. The fee for a single trip permit for the transpor-
18 tation of such nuclear waste shall be seventy dollars ($70.00). The fee for an
19 annual permit for the transportation of such nuclear waste shall be five hun-
20 dred dollars ($500).";
21 in line 31, delete "(2)" and insert: "(23)"; in line 32, delete "twenty sev-
22 enty dollars ($270.00)" and insert: "twenty dollars ($20.00)"; in line 33,
23 delete "(3)" and insert: "(34)"; in line 34, delete "two five hundred fifty
24 dollars ($2500)" and insert: "two hundred fifty dollars ($250)"; in line 35,
25 delete "(4)" and insert: "(45)"; in line 38, delete "(5)" and insert: "(56)";
26 and on page 2, in line 3, delete "(6)" and insert: "(67)".
27 CORRECTIONS TO TITLE
28 On page 1, delete lines 2 through 4 and insert:
29 "RELATING TO HAZARDOUS WASTE AND RADIOACTIVE MATERIALS; AMENDING SECTION
30 49-2202, IDAHO CODE, TO PROVIDE REFERENCES TO RADIOACTIVE MATERIALS, TO
31 SET FORTH PERMIT REQUIREMENTS FOR PERSONS WHO TRANSPORT CERTAIN NUCLEAR
32 WASTES, TO PROVIDE FOR PERMIT FEES AND TO MAKE TECHNICAL CORRECTIONS.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 676, As Amended
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO HAZARDOUS WASTE AND RADIOACTIVE MATERIALS; AMENDING SECTION
3 49-2202, IDAHO CODE, TO PROVIDE REFERENCES TO RADIOACTIVE MATERIALS, TO
4 SET FORTH PERMIT REQUIREMENTS FOR PERSONS WHO TRANSPORT CERTAIN NUCLEAR
5 WASTES, TO PROVIDE FOR PERMIT FEES AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 49-2202, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-2202. PERMIT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTES AND
10 RADIOACTIVE MATERIALS. (1) Every person, including a private carrier or a com-
11 mon or contract carrier, who operates a vehicle on any highway of this state
12 transporting hazardous waste or radioactive materials shall first procure from
13 the department an annual or single trip permit for each vehicle so driven in
14 which the shipment meets any one of the following qualifiers:
15 (a) Is required to be placarded pursuant to title 49, code of federal
16 regulations, part CFR 172;
17 (b) Is manifested on a United States environmental protection agency uni-
18 form hazardous waste manifest form 8700-22 and 8700-22aA, or its equiva-
19 lent;
20 (c) Is any waste material containing polychlorinated biphenyls (PCB)
21 which is regulated by title 40, code of federal regulations, part CFR 761;
22 but in the event waste material is being transported to a disposal facil-
23 ity approved in compliance with 40 CFR 761.70 or 40 CFR 761.75 and is
24 accompanied by a hazardous waste manifest form 8700-22 or 8700-22aA, or
25 its equivalent, then a permit shall be required regardless of the
26 polychlorinated biphenyl concentration.
27 This permit shall be available for examination and shall be displayed in
28 accordance with rules adopted by the department. The provisions of this sec-
29 tion shall not apply to vehicles owned by any city, county, state or federal
30 governmental department or agency, special purpose district created pursuant
31 to law or rural electric cooperatives.
32 (2) Every person, including a private carrier or a common or contract
33 carrier, who operates a vehicle on any highway of this state transporting
34 nuclear waste being transported to the Idaho national environmental and engi-
35 neering laboratory (INEEL) or the waste isolation pilot plant in New Mexico,
36 to any facility established pursuant to section 135 of the federal "Nuclear
37 Waste Policy Act of 1982" as amended, 42 U.S.C. 10101 et seq., to any reposi-
38 tory licensed for the permanent deep geological disposal of high-level radio-
39 active waste and spent nuclear fuel, or to any monitored retrievable storage
40 facility established pursuant to section 141 of the federal "Nuclear Waste
41 Policy Act of 1982" as amended shall first procure from the department an
42 annual or single trip permit for each vehicle so driven. This permit shall be
43 available for examination and shall be displayed in accordance with rules
2
1 adopted by the department. The fee for a single trip permit for the transpor-
2 tation of such nuclear waste shall be seventy dollars ($70.00). The fee for an
3 annual permit for the transportation of such nuclear waste shall be five hun-
4 dred dollars ($500).
5 (23) The fee for a single trip permit for the transportation of hazardous
6 waste shall be twenty dollars ($20.00).
7 (34) The fee for an annual permit for the transportation of hazardous
8 waste shall be two hundred fifty dollars ($250).
9 (45) Any carrier required to pay the fees assessed pursuant to this sec-
10 tion is authorized to pass along such fees to the shipping party. No portion
11 of the fees shall be prorated, reduced or transferred to another vehicle.
12 (56) The department may select vendors to serve as agents on state high-
13 ways for the purpose of selling hazardous waste permits where fixed ports of
14 entry do not adequately serve a respective highway entering the state. The
15 vendor shall be remunerated at the rate of two dollars ($2.00) per permit
16 sold, and he shall collect the fees provided in this section, and pay the fees
17 to the department. The vendor shall guarantee payment by giving a bond to the
18 state of Idaho in a sum as shall be fixed by the department, the premium on
19 the bond to be paid by the department.
20 (67) The operation of a vehicle, which is subject to the permit require-
21 ments of this section in a negligent manner is a violation of the provisions
22 of this chapter.
STATEMENT OF PURPOSE
RS 13980
This bill amends section 49-2202, Idaho code, to increase
the fees applicable to the transportation of hazardous waste and
to make technical corrections.
FISCAL IMPACT
This bill increases the fees from $20 to $70 for a single
trip permit, and increases the fees from $250 to $500 for an
annual permit for the transportation of hazardous wastes. The
Hazardous Material/Hazardous Waste Transportation Enforcement
Fund for the Idaho State Police will receive these additional
funds. The total revenue increase estimate is $92,200.
Contact
Name: Representative Smith (30)
Representative Meyer
Phone: 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 676