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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 - 2005
IN 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 - 2005
Moved 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 - 2005
IN 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