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S1142aaH..............................................by HEALTH AND WELFARE TREASURE VALLEY AIR QUALITY COUNCIL - Adds to existing law to establish a Treasure Valley Air Quality Council; to provide a statement of legislative findings and intent; to authorize establishment of regional air quality councils; to require establishment of a citizens committee; to provide definitions; to provide a declaration of policies and purposes; to specify membership of the Treasure Valley Air Quality Council; to provide for membership of regional air quality councils; to specify duties and powers of the Treasure Valley Air Quality Council and regional air quality councils; to provide for a quorum and procedures; to provide for development of a Treasure Valley air quality plan; to provide for implementation of the Treasure Valley air quality plan; to create a Treasure Valley Air Quality Trust Fund; to provide for development of an air quality plan of a regional council; to provide for implementation of a regional air quality plan; and to create a regional air quality trust fund. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Health/Wel 02/18 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 33-1-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Pearce Absent and excused -- Noble Floor Sponsor - Langhorst Title apvd - to House 02/24 House intro - 1st rdg - to Env 03/02 Rpt out - to Gen Ord 03/09 Rpt out amen - to 1st rdg as amen 03/10 1st rdg - to 2nd rdg as amen 03/11 2nd rdg - to 3rd rdg as amen 03/15 3rd rdg as amen - PASSED - 53-15-2 AYES -- Anderson, Andrus, Barraclough, Bastian, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Crow, Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23), Garrett, Hart(Jacobson), Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Martinez, Mathews, Miller, Nielsen, Nonini, Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Bayer, Bedke, Collins, Eskridge, Harwood, Loertscher, McGeachin, McKague, Moyle, Raybould, Rydalch, Sali, Schaefer, Wood Absent and excused -- Mitchell, Smith(24) Floor Sponsor - Snodgrass Title apvd - to Senate 03/16 Senate concurred in House amens - to engros 03/17 Rpt engros - 1st rdg - to 2nd rdg as amen 03/18 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - PASSED - 31-0-3, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Williams NAYS -- None Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat vacant) Floor Sponsor - Langhorst Title apvd - to enrol 03/22 Rpt enrol - Pres signed 03/23 Sp signed 03/24 To Governor 03/29 Governor signed Session Law Chapter 206 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1142 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE TREASURE VALLEY AIR QUALITY COUNCIL AND OTHER REGIONAL AIR 3 QUALITY COUNCILS; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW 4 CHAPTER 67, TITLE 39, IDAHO CODE, TO PROVIDE A STATEMENT OF LEGISLATIVE 5 FINDINGS AND INTENT, TO ESTABLISH A TREASURE VALLEY AIR QUALITY COUNCIL, 6 TO AUTHORIZE THE ESTABLISHMENT OF REGIONAL AIR QUALITY COUNCILS, TO 7 REQUIRE ESTABLISHMENT OF A CITIZENS COMMITTEE, TO PROVIDE DEFINITIONS, TO 8 PROVIDE A DECLARATION OF POLICIES AND PURPOSES, TO SPECIFY MEMBERSHIP OF 9 THE TREASURE VALLEY AIR QUALITY COUNCIL, TO PROVIDE FOR MEMBERSHIP OF 10 REGIONAL AIR QUALITY COUNCILS, TO SPECIFY DUTIES AND POWERS OF THE TREA- 11 SURE VALLEY AIR QUALITY COUNCIL AND REGIONAL AIR QUALITY COUNCILS, TO PRO- 12 VIDE FOR A QUORUM AND PROCEDURES, TO PROVIDE FOR DEVELOPMENT OF A TREASURE 13 VALLEY AIR QUALITY PLAN, TO PROVIDE FOR IMPLEMENTATION OF THE TREASURE 14 VALLEY AIR QUALITY PLAN, TO CREATE A TREASURE VALLEY AIR QUALITY TRUST 15 FUND, TO PROVIDE FOR DEVELOPMENT OF AN AIR QUALITY PLAN OF A REGIONAL 16 COUNCIL, TO PROVIDE FOR IMPLEMENTATION OF A REGIONAL AIR QUALITY PLAN AND 17 TO CREATE A REGIONAL AIR QUALITY TRUST FUND. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended 20 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 21 ter 67, Title 39, Idaho Code, and to read as follows: 22 CHAPTER 67 23 TREASURE VALLEY AND REGIONAL AIR QUALITY COUNCIL ACT 24 39-6701. LEGISLATIVE STATEMENT OF FINDINGS AND INTENT. (1) The legisla- 25 ture finds that the air quality in certain regions of the state is threatened 26 with deterioration. This deterioration may endanger the breathability, eco- 27 nomic potential, public health, natural beauty, recreational use and 28 livability in various regions of the state. It is the intent of the legisla- 29 ture in establishing this chapter to preserve and protect the air quality of 30 the entire state. 31 (2) The legislature declares that it is necessary to embark upon a pro- 32 gram of air quality protection for future generations of Idahoans. This chap- 33 ter establishes a treasure valley air quality council and also allows for the 34 creation of regional air quality councils as necessary to protect, preserve 35 and, where necessary, improve the quality of air in a specified geographical 36 area while accommodating private, public and commercial activities. The plan 37 developed by an air quality council as set forth in this chapter shall require 38 a working partnership of state and local agencies of government as well as the 39 private sector. 40 39-6702. ESTABLISHMENT OF THE TREASURE VALLEY AIR QUALITY COUNCIL. There 41 is hereby established a Treasure Valley air quality council within the Idaho 2 1 department of environmental quality. It shall be the responsibility of the 2 council to develop a plan and carry out the duties established by this chap- 3 ter. The council shall be assisted in its work by the department of environ- 4 mental quality and other appropriate state and local agencies as needed. 5 39-6703. ESTABLISHMENT OF A REGIONAL AIR QUALITY COUNCIL -- PETITION. (1) 6 There is hereby authorized the establishment of regional air quality councils 7 within the Idaho department of environmental quality. 8 (2) Any ten (10) persons living within the boundaries of a geographical 9 area proposed for the establishment of a regional air quality council may file 10 a petition with the board of environmental quality within the department of 11 environmental quality requesting a regional air quality council be estab- 12 lished. The petition shall set forth: 13 (a) The proposed name of the regional air quality council; 14 (b) The needs, in the interest of the public health, safety and welfare, 15 for such a council; 16 (c) The geographical boundaries of the territory proposed for development 17 of a plan by a council; and 18 (d) A request that the board duly define the geographic boundaries for a 19 council. 20 (3) Within thirty (30) days after such petition has been filed with the 21 board, it shall cause due notice to be given of a proposed hearing upon the 22 petition. After such hearing, if the board determines upon the facts presented 23 at the hearing and upon such other relevant facts and information as may be 24 available, that there is need in the interest of the public health, safety and 25 welfare, for the establishment of a regional air quality council, it shall 26 approve the petition and shall make and record such approval. The board shall 27 immediately as practicable notify the governor by forwarding a copy of the 28 board's approval to the governor. Within a reasonable time, but not to exceed 29 ninety (90) days, the governor shall appoint members to that regional air 30 quality council in accordance with the provisions of section 39-6708, Idaho 31 Code. 32 (4) It shall be the responsibility of any council established under this 33 chapter to develop a plan and carry out the duties established by this chap- 34 ter. The council shall be assisted in its work by the department of environ- 35 mental quality and other appropriate state and local agencies as needed. 36 39-6704. ESTABLISHMENT OF A CITIZENS COMMITTEE. Each council established 37 under the provisions of this chapter shall create a citizens committee com- 38 prised of citizens who express an interest in the council's purpose and work. 39 Citizens performing volunteer services in support of the work of a council 40 shall automatically be members of the citizens committee. Members of the citi- 41 zens committee may meet with the council with full right to attend all pro- 42 ceedings and discussions and submit comments, except that citizen committee 43 members shall not be voting members. 44 39-6705. DEFINITIONS. Whenever used in this chapter: 45 (1) "Air pollution" means air pollution as defined in section 39-103, 46 Idaho Code. 47 (2) "Air quality plan" means the comprehensive, air quality management 48 plan for a specified regional area as developed and modified by a regional air 49 quality council. 50 (3) "Citizens committee" means the committee consisting of members of the 51 public created pursuant to section 39-6704, Idaho Code, by an air quality 52 council established under the provisions of this chapter. 3 1 (4) "Council" means a regional air quality council established pursuant 2 to this chapter. 3 (5) "Specified regional area" means a county or counties, or a defined 4 geographical area where air quality is threatened. 5 (6) "Study" means the comprehensive, scientifically-based study of air 6 quality in a specified regional area including the study of air quality in the 7 Treasure Valley. 8 (7) "Treasure Valley" means the geographic boundaries encompassed by Ada 9 and Canyon counties. 10 (8) "Treasure Valley air quality council" means the regional air quality 11 council established in section 39-6702, Idaho Code. 12 (9) "Treasure Valley air quality plan" means the comprehensive, air qual- 13 ity management plan for Ada and Canyon counties as developed and modified by 14 the Treasure Valley air quality council. 15 39-6706. DECLARATION OF POLICIES AND PURPOSES. The Treasure Valley air 16 quality council, and any regional air quality council established pursuant to 17 this chapter, shall develop and implement an air quality plan in accordance 18 with the environmental protection and health act, sections 39-101 through 19 39-130, Idaho Code, that includes: 20 (1) The compilation of all historical data on air quality studies in the 21 Treasure Valley, or in a specified regional area; 22 (2) An assessment of present and projected emissions related to the Trea- 23 sure Valley, or related to a specified regional area; 24 (3) The completion of a comprehensive, scientifically-based study of air 25 quality in the Treasure Valley, or in a specified regional area; 26 (4) A description of actions to be taken by governmental agencies and 27 nongovernmental entities to protect, preserve and, when necessary, improve the 28 air quality in the Treasure Valley, or in a specified regional area; and 29 (5) The submittal of an air quality management plan to the legislature 30 which may reject the plan in whole or in part pursuant to a concurrent resolu- 31 tion. The Treasure Valley air quality council, and any regional air quality 32 council established pursuant to this chapter, shall assist and coordinate the 33 implementation of the accepted plan with federal, state and local authorities 34 for seven (7) years after acceptance, after which the Treasure Valley air 35 quality council, or any regional air quality council, and its committees shall 36 disband. 37 39-6707. MEMBERSHIP OF THE TREASURE VALLEY AIR QUALITY COUNCIL. (1) The 38 Treasure Valley air quality council shall consist of fourteen (14) members 39 appointed by the governor. The governor shall appoint one (1) member who shall 40 be an Ada county commissioner; one (1) member who shall be a Canyon county 41 commissioner; one (1) member who is an elected member of a city government in 42 Ada county; one (1) member who is an elected member of a city government in 43 Canyon county; two (2) members who represent agricultural interests in the 44 Treasure Valley; two (2) members who represent commercial interests in the 45 Treasure Valley; two (2) members from manufacturing or food processing indus- 46 tries located in the Treasure Valley; two (2) members from recognized Idaho 47 environmental organizations; and two (2) members at large who are full-time 48 residents of Ada or Canyon county. 49 (2) The terms of the members shall be three (3) years with the initial 50 term to be staggered in terms of one (1), two (2), and three (3) years by the 51 governor when he makes the original appointment. 52 (3) The governor shall designate one (1) member to serve as chair of the 53 Treasure Valley air quality council. 4 1 (4) Vacancies shall be filled by appointment of the governor. 2 (5) All members of the Treasure Valley council shall maintain their pri- 3 mary residence in either Ada or Canyon county during the term of the member's 4 appointment. 5 39-6708. MEMBERSHIP OF A REGIONAL AIR QUALITY COUNCIL. (1) A council 6 shall consist of at least seven (7) but not more than fourteen (14) members 7 appointed by the governor. The governor shall appoint one (1) or two (2) mem- 8 bers from each of the following categories: one (1) or two (2) members who 9 are county commissioners within the specified regional area; one (1) or two 10 (2) members who are at the time of appointment, elected members of a city gov- 11 ernment in the specified regional area; one (1) or two (2) members who repre- 12 sent agricultural interests in the specified regional area; one (1) or two (2) 13 members who represent commercial interests in the specified regional area; one 14 (1) or two (2) members from industries located in the specified regional area; 15 one (1) or two (2) members from recognized Idaho environmental organizations; 16 and one (1) or two (2) members at large who are full-time residents of the 17 specified regional area. 18 (2) The terms of the members shall be three (3) years with the initial 19 term to be staggered in terms of one (1), two (2), and three (3) years by the 20 governor when he makes the original appointments. 21 (3) The governor shall designate one (1) member to serve as chair of the 22 council. 23 (4) Vacancies shall be filled by appointment of the governor. 24 (5) All members of a council shall maintain their primary residence in 25 the specified regional area during the term of the member's appointment. 26 39-6709. DUTIES OF THE TREASURE VALLEY AIR QUALITY COUNCIL AND ANY 27 REGIONAL AIR QUALITY COUNCIL -- POWERS. (1) The Treasure Valley air quality 28 council, and any regional council established pursuant to this chapter, shall 29 have the following duties: 30 (a) To coordinate activities related to the study of air quality, the 31 development of an air quality plan for the area, and oversee the implemen- 32 tation of that plan. 33 (b) To conduct a public awareness program to educate the general public 34 on methods and responsibilities to protect the air shed. 35 (c) To examine, as the Treasure Valley or regional council deems neces- 36 sary, air quality conditions in, upon and around the Treasure Valley, or 37 in, upon and around a specified regional area. The objective shall be to 38 obtain a scientifically-sound baseline study for planning future action by 39 appropriate federal, state and local government, and the private sectors. 40 (d) To promote, until dissolution, the implementation of the Treasure 41 Valley air quality plan, or the air quality plan of a regional council, by 42 serving in an advisory capacity to those local, state and federal govern- 43 ment agencies with responsibilities affecting air quality. Any council may 44 recommend, as appropriate, the adoption of any statutes, ordinances, poli- 45 cies and rules needed by such governmental agencies to implement the plan. 46 (e) To consult with the public and keep the public informed of activities 47 of the council through public forums and written reports. 48 (f) To establish a citizens committee pursuant to section 39-6704, Idaho 49 Code. 50 (g) To perform its duties continuously until its dissolution. 51 (h) Prior to the automatic dissolution of the council and all its commit- 52 tees seven (7) years after the council's plan is adopted by the legisla- 53 ture, to assist local, state and federal agencies in the establishment of 5 1 a multiagency oversight capability to succeed the council. 2 (2) A council shall not have any regulatory or enforcement powers. 3 39-6710. QUORUM -- PROCEDURES. (1) A majority of the members of the Trea- 4 sure Valley air quality council, or a regional council, shall constitute a 5 quorum for the transaction of business. A majority vote of the members present 6 shall be required to take action with respect to any matter. 7 (2) The Treasure Valley air quality council, or a regional council, may 8 adopt its own operating rules and procedures which shall be made available to 9 the public. 10 39-6711. TREASURE VALLEY AIR QUALITY PLAN. (1) The Treasure Valley air 11 quality council shall complete a draft plan by July 1, 2006. It shall make the 12 study available to all appropriate and interested local, state and federal 13 agencies and to any interested persons. For a period of ninety (90) days after 14 dissemination, any interested agency or person may submit written suggestions, 15 comments or proposals for the plan, or recommendations to the council. 16 (2) The council shall thereafter prepare a final Treasure Valley air 17 quality plan which shall be completed within one hundred eighty (180) days 18 after dissemination of the study. 19 (3) The council shall identify in the plan all known present and future 20 air issues in Ada and Canyon counties. 21 (4) Once completed, the council shall provide copies of its plan to all 22 agencies and persons who have indicated an interest in the study. The council 23 shall thereupon provide for one (1) or more public hearings upon its plan and 24 recommendations with notice given as provided in chapter 52, title 67, Idaho 25 Code. 26 (5) After receiving the information obtained at the public hearing, the 27 council shall make such changes and revisions as it deems necessary and within 28 thirty (30) days after such public hearing, but in no event later than the 29 next regular session of the Idaho legislature, the council shall submit the 30 plan to the legislature. 31 (6) The legislature may, within the next regular session during or after 32 which it receives the plan, reject the plan in whole or in part by concurrent 33 resolution. 34 (7) Thereafter, the council shall assist in the implementation of the 35 provisions of the plan. Before its dissolution, the council shall also assist 36 these local, state and federal agencies to establish an ongoing, joint-agency 37 oversight responsibility for the plan. 38 39-6712. IMPLEMENTATION OF THE TREASURE VALLEY AIR QUALITY PLAN. To the 39 greatest extent practicable, all Idaho state and local government agencies 40 shall implement the plan and its recommendations. In circumstances where any 41 state or local government agency chooses not to so incorporate and implement 42 any element of the plan, any such agency shall provide to the council in writ- 43 ing the reasons why such incorporation and implementation have not been 44 adopted. 45 39-6713. TREASURE VALLEY AIR QUALITY TRUST FUND. There is hereby created 46 in the state treasury a dedicated fund known as the "Treasure Valley Air Qual- 47 ity Trust Fund" which shall be referred to as the Treasure Valley fund. Moneys 48 in the Treasure Valley fund may come from grants, gifts, donations, use fees 49 or such other sources as may be authorized by the legislature. Moneys in the 50 fund shall be used exclusively for the purpose of fulfillment of the 51 statutorily-required duties of the Treasure Valley air quality council. Moneys 6 1 in the fund may only be expended as authorized by a resolution duly adopted by 2 a majority of the council. 3 39-6714. AIR QUALITY PLAN OF A REGIONAL AIR QUALITY COUNCIL. (1) A 4 regional air quality council shall develop and accept the study within one (1) 5 year after establishment of the council. It shall make the study available to 6 all appropriate and interested local, state and federal agencies and to any 7 interested persons. For a period of ninety (90) days after dissemination, any 8 interested agency or person may submit written suggestions, comments or pro- 9 posals for the plan, or recommendations to the council. 10 (2) The council shall thereafter prepare a final regional air quality 11 plan which shall be completed within one hundred eighty (180) days after dis- 12 semination of the study. 13 (3) The council shall identify present and future air issues in the spec- 14 ified regional area. 15 (4) Once completed, the council shall provide copies of its plan to all 16 agencies and persons who have indicated an interest in the study. The council 17 shall thereupon provide for one (1) or more public hearings upon its plan and 18 recommendations with notice given as provided in chapter 52, title 67, Idaho 19 Code. 20 (5) After receiving the information obtained at the public hearing, the 21 council shall make such changes and revisions as it deems necessary and within 22 thirty (30) days after such public hearing, but in no event later than the 23 next regular session of the Idaho legislature, the council shall submit the 24 plan to the legislature. 25 (6) The legislature shall, within the next regular session during or 26 after which it receives the plan, accept, reject or modify the plan by concur- 27 rent resolution. 28 (7) Thereafter, the council shall assist in the adoption and enforcement 29 of the provisions of the plan. Before its dissolution, the council shall also 30 assist these local, state and federal agencies to establish an ongoing, joint- 31 agency oversight responsibility for the plan. 32 39-6715. IMPLEMENTATION OF A REGIONAL AIR QUALITY PLAN. To the greatest 33 extent practicable, all Idaho state and local government agencies shall incor- 34 porate and implement the plan and its recommendations. In circumstances where 35 any state or local government agency chooses not to implement any element of 36 the plan, any such agency shall provide to the council a written explanation 37 of its failure to implement that portion of the plan. 38 39-6716. REGIONAL FUND. There is hereby created in the state treasury a 39 dedicated fund known as the "Regional Air Quality Trust Fund" which shall be 40 referred to as the regional fund. Moneys in the regional fund may come from 41 grants, gifts, donations, use fees or such other sources as may be authorized 42 by the legislature. Moneys in the fund shall be used exclusively for the pur- 43 pose of fulfillment of the statutorily-required duties of a regional air qual- 44 ity council. Moneys in the fund may only be expended as authorized by a reso- 45 lution duly adopted by a majority of a council.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Snodgrass Seconded by Edmunson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1142 1 AMENDMENTS TO SECTION 1 2 On page 3 of the printed bill, following line 2 insert: 3 "(5) "Local governing agency" means a county or city government agency."; 4 in line 3, delete "(5)" and insert: "(6)"; in line 5, delete "(6)" and insert: 5 "(7)"; in line 8, delete "(7)" and insert: "(8)"; in line 10, delete "(8)" and 6 insert: "(9)"; and in line 12, delete "(9)" and insert: "(10)". 7 On page 4, in line 6, delete "at least seven (7) but not more than"; in 8 line 7, delete "one (1) or"; in line 8, delete "one (1) or"; in line 9, delete 9 "one (1) or"; in line 11, delete "one (1) or"; in line 12, delete "one (1) 10 or"; in line 13, delete "one"; in line 14, delete " (1) or"; in line 15, 11 delete "one (1) or"; and in line 16, delete "one (1) or". 12 On page 6, following line 45, insert: 13 "39-6717. SAVINGS CLAUSE. Nothing in this chapter shall alter or affect 14 the provisions of chapter 48, title 22, Idaho Code, on smoke management and 15 crop residue disposal.". 16 CORRECTION TO TITLE 17 On page 1, in line 16, delete "AND" and insert: ","; and in line 17, fol- 18 lowing "FUND" insert: "AND TO PROVIDE A SAVINGS CLAUSE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1142, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE TREASURE VALLEY AIR QUALITY COUNCIL AND OTHER REGIONAL AIR 3 QUALITY COUNCILS; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW 4 CHAPTER 67, TITLE 39, IDAHO CODE, TO PROVIDE A STATEMENT OF LEGISLATIVE 5 FINDINGS AND INTENT, TO ESTABLISH A TREASURE VALLEY AIR QUALITY COUNCIL, 6 TO AUTHORIZE THE ESTABLISHMENT OF REGIONAL AIR QUALITY COUNCILS, TO 7 REQUIRE ESTABLISHMENT OF A CITIZENS COMMITTEE, TO PROVIDE DEFINITIONS, TO 8 PROVIDE A DECLARATION OF POLICIES AND PURPOSES, TO SPECIFY MEMBERSHIP OF 9 THE TREASURE VALLEY AIR QUALITY COUNCIL, TO PROVIDE FOR MEMBERSHIP OF 10 REGIONAL AIR QUALITY COUNCILS, TO SPECIFY DUTIES AND POWERS OF THE TREA- 11 SURE VALLEY AIR QUALITY COUNCIL AND REGIONAL AIR QUALITY COUNCILS, TO PRO- 12 VIDE FOR A QUORUM AND PROCEDURES, TO PROVIDE FOR DEVELOPMENT OF A TREASURE 13 VALLEY AIR QUALITY PLAN, TO PROVIDE FOR IMPLEMENTATION OF THE TREASURE 14 VALLEY AIR QUALITY PLAN, TO CREATE A TREASURE VALLEY AIR QUALITY TRUST 15 FUND, TO PROVIDE FOR DEVELOPMENT OF AN AIR QUALITY PLAN OF A REGIONAL 16 COUNCIL, TO PROVIDE FOR IMPLEMENTATION OF A REGIONAL AIR QUALITY PLAN, TO 17 CREATE A REGIONAL AIR QUALITY TRUST FUND AND TO PROVIDE A SAVINGS CLAUSE. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended 20 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 21 ter 67, Title 39, Idaho Code, and to read as follows: 22 CHAPTER 67 23 TREASURE VALLEY AND REGIONAL AIR QUALITY COUNCIL ACT 24 39-6701. LEGISLATIVE STATEMENT OF FINDINGS AND INTENT. (1) The legisla- 25 ture finds that the air quality in certain regions of the state is threatened 26 with deterioration. This deterioration may endanger the breathability, eco- 27 nomic potential, public health, natural beauty, recreational use and 28 livability in various regions of the state. It is the intent of the legisla- 29 ture in establishing this chapter to preserve and protect the air quality of 30 the entire state. 31 (2) The legislature declares that it is necessary to embark upon a pro- 32 gram of air quality protection for future generations of Idahoans. This chap- 33 ter establishes a treasure valley air quality council and also allows for the 34 creation of regional air quality councils as necessary to protect, preserve 35 and, where necessary, improve the quality of air in a specified geographical 36 area while accommodating private, public and commercial activities. The plan 37 developed by an air quality council as set forth in this chapter shall require 38 a working partnership of state and local agencies of government as well as the 39 private sector. 40 39-6702. ESTABLISHMENT OF THE TREASURE VALLEY AIR QUALITY COUNCIL. There 41 is hereby established a Treasure Valley air quality council within the Idaho 2 1 department of environmental quality. It shall be the responsibility of the 2 council to develop a plan and carry out the duties established by this chap- 3 ter. The council shall be assisted in its work by the department of environ- 4 mental quality and other appropriate state and local agencies as needed. 5 39-6703. ESTABLISHMENT OF A REGIONAL AIR QUALITY COUNCIL -- PETITION. (1) 6 There is hereby authorized the establishment of regional air quality councils 7 within the Idaho department of environmental quality. 8 (2) Any ten (10) persons living within the boundaries of a geographical 9 area proposed for the establishment of a regional air quality council may file 10 a petition with the board of environmental quality within the department of 11 environmental quality requesting a regional air quality council be estab- 12 lished. The petition shall set forth: 13 (a) The proposed name of the regional air quality council; 14 (b) The needs, in the interest of the public health, safety and welfare, 15 for such a council; 16 (c) The geographical boundaries of the territory proposed for development 17 of a plan by a council; and 18 (d) A request that the board duly define the geographic boundaries for a 19 council. 20 (3) Within thirty (30) days after such petition has been filed with the 21 board, it shall cause due notice to be given of a proposed hearing upon the 22 petition. After such hearing, if the board determines upon the facts presented 23 at the hearing and upon such other relevant facts and information as may be 24 available, that there is need in the interest of the public health, safety and 25 welfare, for the establishment of a regional air quality council, it shall 26 approve the petition and shall make and record such approval. The board shall 27 immediately as practicable notify the governor by forwarding a copy of the 28 board's approval to the governor. Within a reasonable time, but not to exceed 29 ninety (90) days, the governor shall appoint members to that regional air 30 quality council in accordance with the provisions of section 39-6708, Idaho 31 Code. 32 (4) It shall be the responsibility of any council established under this 33 chapter to develop a plan and carry out the duties established by this chap- 34 ter. The council shall be assisted in its work by the department of environ- 35 mental quality and other appropriate state and local agencies as needed. 36 39-6704. ESTABLISHMENT OF A CITIZENS COMMITTEE. Each council established 37 under the provisions of this chapter shall create a citizens committee com- 38 prised of citizens who express an interest in the council's purpose and work. 39 Citizens performing volunteer services in support of the work of a council 40 shall automatically be members of the citizens committee. Members of the citi- 41 zens committee may meet with the council with full right to attend all pro- 42 ceedings and discussions and submit comments, except that citizen committee 43 members shall not be voting members. 44 39-6705. DEFINITIONS. Whenever used in this chapter: 45 (1) "Air pollution" means air pollution as defined in section 39-103, 46 Idaho Code. 47 (2) "Air quality plan" means the comprehensive, air quality management 48 plan for a specified regional area as developed and modified by a regional air 49 quality council. 50 (3) "Citizens committee" means the committee consisting of members of the 51 public created pursuant to section 39-6704, Idaho Code, by an air quality 52 council established under the provisions of this chapter. 3 1 (4) "Council" means a regional air quality council established pursuant 2 to this chapter. 3 (5) "Local governing agency" means a county or city government agency. 4 (6) "Specified regional area" means a county or counties, or a defined 5 geographical area where air quality is threatened. 6 (7) "Study" means the comprehensive, scientifically-based study of air 7 quality in a specified regional area including the study of air quality in the 8 Treasure Valley. 9 (8) "Treasure Valley" means the geographic boundaries encompassed by Ada 10 and Canyon counties. 11 (9) "Treasure Valley air quality council" means the regional air quality 12 council established in section 39-6702, Idaho Code. 13 (10) "Treasure Valley air quality plan" means the comprehensive, air qual- 14 ity management plan for Ada and Canyon counties as developed and modified by 15 the Treasure Valley air quality council. 16 39-6706. DECLARATION OF POLICIES AND PURPOSES. The Treasure Valley air 17 quality council, and any regional air quality council established pursuant to 18 this chapter, shall develop and implement an air quality plan in accordance 19 with the environmental protection and health act, sections 39-101 through 20 39-130, Idaho Code, that includes: 21 (1) The compilation of all historical data on air quality studies in the 22 Treasure Valley, or in a specified regional area; 23 (2) An assessment of present and projected emissions related to the Trea- 24 sure Valley, or related to a specified regional area; 25 (3) The completion of a comprehensive, scientifically-based study of air 26 quality in the Treasure Valley, or in a specified regional area; 27 (4) A description of actions to be taken by governmental agencies and 28 nongovernmental entities to protect, preserve and, when necessary, improve the 29 air quality in the Treasure Valley, or in a specified regional area; and 30 (5) The submittal of an air quality management plan to the legislature 31 which may reject the plan in whole or in part pursuant to a concurrent resolu- 32 tion. The Treasure Valley air quality council, and any regional air quality 33 council established pursuant to this chapter, shall assist and coordinate the 34 implementation of the accepted plan with federal, state and local authorities 35 for seven (7) years after acceptance, after which the Treasure Valley air 36 quality council, or any regional air quality council, and its committees shall 37 disband. 38 39-6707. MEMBERSHIP OF THE TREASURE VALLEY AIR QUALITY COUNCIL. (1) The 39 Treasure Valley air quality council shall consist of fourteen (14) members 40 appointed by the governor. The governor shall appoint one (1) member who shall 41 be an Ada county commissioner; one (1) member who shall be a Canyon county 42 commissioner; one (1) member who is an elected member of a city government in 43 Ada county; one (1) member who is an elected member of a city government in 44 Canyon county; two (2) members who represent agricultural interests in the 45 Treasure Valley; two (2) members who represent commercial interests in the 46 Treasure Valley; two (2) members from manufacturing or food processing indus- 47 tries located in the Treasure Valley; two (2) members from recognized Idaho 48 environmental organizations; and two (2) members at large who are full-time 49 residents of Ada or Canyon county. 50 (2) The terms of the members shall be three (3) years with the initial 51 term to be staggered in terms of one (1), two (2), and three (3) years by the 52 governor when he makes the original appointment. 53 (3) The governor shall designate one (1) member to serve as chair of the 4 1 Treasure Valley air quality council. 2 (4) Vacancies shall be filled by appointment of the governor. 3 (5) All members of the Treasure Valley council shall maintain their pri- 4 mary residence in either Ada or Canyon county during the term of the member's 5 appointment. 6 39-6708. MEMBERSHIP OF A REGIONAL AIR QUALITY COUNCIL. (1) A council 7 shall consist of fourteen (14) members appointed by the governor. The governor 8 shall appoint two (2) members from each of the following categories: two (2) 9 members who are county commissioners within the specified regional area; two 10 (2) members who are at the time of appointment, elected members of a city gov- 11 ernment in the specified regional area; two (2) members who represent agricul- 12 tural interests in the specified regional area; two (2) members who represent 13 commercial interests in the specified regional area; two (2) members from 14 industries located in the specified regional area; two (2) members from recog- 15 nized Idaho environmental organizations; and two (2) members at large who are 16 full-time residents of the specified regional area. 17 (2) The terms of the members shall be three (3) years with the initial 18 term to be staggered in terms of one (1), two (2), and three (3) years by the 19 governor when he makes the original appointments. 20 (3) The governor shall designate one (1) member to serve as chair of the 21 council. 22 (4) Vacancies shall be filled by appointment of the governor. 23 (5) All members of a council shall maintain their primary residence in 24 the specified regional area during the term of the member's appointment. 25 39-6709. DUTIES OF THE TREASURE VALLEY AIR QUALITY COUNCIL AND ANY 26 REGIONAL AIR QUALITY COUNCIL -- POWERS. (1) The Treasure Valley air quality 27 council, and any regional council established pursuant to this chapter, shall 28 have the following duties: 29 (a) To coordinate activities related to the study of air quality, the 30 development of an air quality plan for the area, and oversee the implemen- 31 tation of that plan. 32 (b) To conduct a public awareness program to educate the general public 33 on methods and responsibilities to protect the air shed. 34 (c) To examine, as the Treasure Valley or regional council deems neces- 35 sary, air quality conditions in, upon and around the Treasure Valley, or 36 in, upon and around a specified regional area. The objective shall be to 37 obtain a scientifically-sound baseline study for planning future action by 38 appropriate federal, state and local government, and the private sectors. 39 (d) To promote, until dissolution, the implementation of the Treasure 40 Valley air quality plan, or the air quality plan of a regional council, by 41 serving in an advisory capacity to those local, state and federal govern- 42 ment agencies with responsibilities affecting air quality. Any council may 43 recommend, as appropriate, the adoption of any statutes, ordinances, poli- 44 cies and rules needed by such governmental agencies to implement the plan. 45 (e) To consult with the public and keep the public informed of activities 46 of the council through public forums and written reports. 47 (f) To establish a citizens committee pursuant to section 39-6704, Idaho 48 Code. 49 (g) To perform its duties continuously until its dissolution. 50 (h) Prior to the automatic dissolution of the council and all its commit- 51 tees seven (7) years after the council's plan is adopted by the legisla- 52 ture, to assist local, state and federal agencies in the establishment of 53 a multiagency oversight capability to succeed the council. 5 1 (2) A council shall not have any regulatory or enforcement powers. 2 39-6710. QUORUM -- PROCEDURES. (1) A majority of the members of the Trea- 3 sure Valley air quality council, or a regional council, shall constitute a 4 quorum for the transaction of business. A majority vote of the members present 5 shall be required to take action with respect to any matter. 6 (2) The Treasure Valley air quality council, or a regional council, may 7 adopt its own operating rules and procedures which shall be made available to 8 the public. 9 39-6711. TREASURE VALLEY AIR QUALITY PLAN. (1) The Treasure Valley air 10 quality council shall complete a draft plan by July 1, 2006. It shall make the 11 study available to all appropriate and interested local, state and federal 12 agencies and to any interested persons. For a period of ninety (90) days after 13 dissemination, any interested agency or person may submit written suggestions, 14 comments or proposals for the plan, or recommendations to the council. 15 (2) The council shall thereafter prepare a final Treasure Valley air 16 quality plan which shall be completed within one hundred eighty (180) days 17 after dissemination of the study. 18 (3) The council shall identify in the plan all known present and future 19 air issues in Ada and Canyon counties. 20 (4) Once completed, the council shall provide copies of its plan to all 21 agencies and persons who have indicated an interest in the study. The council 22 shall thereupon provide for one (1) or more public hearings upon its plan and 23 recommendations with notice given as provided in chapter 52, title 67, Idaho 24 Code. 25 (5) After receiving the information obtained at the public hearing, the 26 council shall make such changes and revisions as it deems necessary and within 27 thirty (30) days after such public hearing, but in no event later than the 28 next regular session of the Idaho legislature, the council shall submit the 29 plan to the legislature. 30 (6) The legislature may, within the next regular session during or after 31 which it receives the plan, reject the plan in whole or in part by concurrent 32 resolution. 33 (7) Thereafter, the council shall assist in the implementation of the 34 provisions of the plan. Before its dissolution, the council shall also assist 35 these local, state and federal agencies to establish an ongoing, joint-agency 36 oversight responsibility for the plan. 37 39-6712. IMPLEMENTATION OF THE TREASURE VALLEY AIR QUALITY PLAN. To the 38 greatest extent practicable, all Idaho state and local government agencies 39 shall implement the plan and its recommendations. In circumstances where any 40 state or local government agency chooses not to so incorporate and implement 41 any element of the plan, any such agency shall provide to the council in writ- 42 ing the reasons why such incorporation and implementation have not been 43 adopted. 44 39-6713. TREASURE VALLEY AIR QUALITY TRUST FUND. There is hereby created 45 in the state treasury a dedicated fund known as the "Treasure Valley Air Qual- 46 ity Trust Fund" which shall be referred to as the Treasure Valley fund. Moneys 47 in the Treasure Valley fund may come from grants, gifts, donations, use fees 48 or such other sources as may be authorized by the legislature. Moneys in the 49 fund shall be used exclusively for the purpose of fulfillment of the 50 statutorily-required duties of the Treasure Valley air quality council. Moneys 51 in the fund may only be expended as authorized by a resolution duly adopted by 6 1 a majority of the council. 2 39-6714. AIR QUALITY PLAN OF A REGIONAL AIR QUALITY COUNCIL. (1) A 3 regional air quality council shall develop and accept the study within one (1) 4 year after establishment of the council. It shall make the study available to 5 all appropriate and interested local, state and federal agencies and to any 6 interested persons. For a period of ninety (90) days after dissemination, any 7 interested agency or person may submit written suggestions, comments or pro- 8 posals for the plan, or recommendations to the council. 9 (2) The council shall thereafter prepare a final regional air quality 10 plan which shall be completed within one hundred eighty (180) days after dis- 11 semination of the study. 12 (3) The council shall identify present and future air issues in the spec- 13 ified regional area. 14 (4) Once completed, the council shall provide copies of its plan to all 15 agencies and persons who have indicated an interest in the study. The council 16 shall thereupon provide for one (1) or more public hearings upon its plan and 17 recommendations with notice given as provided in chapter 52, title 67, Idaho 18 Code. 19 (5) After receiving the information obtained at the public hearing, the 20 council shall make such changes and revisions as it deems necessary and within 21 thirty (30) days after such public hearing, but in no event later than the 22 next regular session of the Idaho legislature, the council shall submit the 23 plan to the legislature. 24 (6) The legislature shall, within the next regular session during or 25 after which it receives the plan, accept, reject or modify the plan by concur- 26 rent resolution. 27 (7) Thereafter, the council shall assist in the adoption and enforcement 28 of the provisions of the plan. Before its dissolution, the council shall also 29 assist these local, state and federal agencies to establish an ongoing, joint- 30 agency oversight responsibility for the plan. 31 39-6715. IMPLEMENTATION OF A REGIONAL AIR QUALITY PLAN. To the greatest 32 extent practicable, all Idaho state and local government agencies shall incor- 33 porate and implement the plan and its recommendations. In circumstances where 34 any state or local government agency chooses not to implement any element of 35 the plan, any such agency shall provide to the council a written explanation 36 of its failure to implement that portion of the plan. 37 39-6716. REGIONAL FUND. There is hereby created in the state treasury a 38 dedicated fund known as the "Regional Air Quality Trust Fund" which shall be 39 referred to as the regional fund. Moneys in the regional fund may come from 40 grants, gifts, donations, use fees or such other sources as may be authorized 41 by the legislature. Moneys in the fund shall be used exclusively for the pur- 42 pose of fulfillment of the statutorily-required duties of a regional air qual- 43 ity council. Moneys in the fund may only be expended as authorized by a reso- 44 lution duly adopted by a majority of a council. 45 39-6717. SAVINGS CLAUSE. Nothing in this chapter shall alter or affect 46 the provisions of chapter 48, title 22, Idaho Code, on smoke management and 47 crop residue disposal.
STATEMENT OF PURPOSE RS 14978 This legislation provides legislative intent and the framework for Air Quality Councils to draft implementation plans for legislative approval before airsheds are designated to be in nonattainment of air quality standards. FISCAL IMPACT No impact to the general fund. Contact Name: Sen. David Langhorst Phone: 332-1348 REVISED REVISED REVISED REVISED STATEMENT OF PURPOSE/FISCAL NOTE S 1142