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H0656aa.................................................by LOCAL GOVERNMENT BASIN PROJECT COMMISSION - Amends existing law relating to the Basin Project Commission to provide for an additional member on the board of commissioners on the Basin Project Commission; and to provide for tie votes. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to Loc Gov 02/23 Rpt out - to Gen Ord 02/28 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/02 2nd rdg - to 3rd rdg as amen 03/06 3rd rdg as amen - PASSED - 62-1-7 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- Rusche Absent and excused -- Bedke, Black, Boe, Brackett, Ring, Sayler, Trail Floor Sponsor - Harwood Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 656 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO THE BASIN PROJECT COMMISSION; AMENDING SECTION 39-8106, IDAHO 3 CODE, TO PROVIDE FOR AN ADDITIONAL MEMBER ON THE BOARD OF COMMISSIONERS OF 4 THE BASIN PROJECT COMMISSION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 39-8106, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-8106. BASIN PROJECT COMMISSION -- ESTABLISHMENT -- COMPOSITION -- 9 POWERS -- DUTIES -- FUNDING. (1) The basin environmental improvement project 10 commission is hereby created and shall become operational when the director of 11 the department of environmental quality, by execution of an appropriate order, 12 determines that: 13 (a) Significant funds from any source have been provided to the basin 14 improvement fund and financing authority; or 15 (b) Any one (1) or more agreements or compacts have been entered into 16 between the state of Idaho and the state of Washington, the Coeur d'Alene 17 tribe or the United States of America providing for participation in the 18 basin project commission and financing authority. 19 (2) Any agreement or compact providing for participation in the basin 20 project commission and financing authority shall be consistent with the terms 21 of this chapter. 22 (3) The board of commissioners of the basin project commission shall 23 include one (1) representative of the state of Idaho,andone (1) representa- 24 tive from each of the county commissions of Shoshone, Kootenai and Benewah 25 counties of the state of Idaho as appointed by the governor of the state of 26 Idaho, and one (1) mayor or city manager representative, residing in Shoshone 27 county, for the combined representation of the communities of Kellogg, Mullan, 28 Osburn, Pinehurst, Smelterville, Wallace and Wardner, nominees for which shall 29 be selected by the city councils of those communities and submitted to the 30 governor of the state of Idaho for his selection and appointment. Upon partic- 31 ipation of the state of Washington, the Coeur d'Alene tribe or the United 32 States of America through agreement or compact, the board of commissioners 33 shall also include, according to such participation: one (1) representative of 34 the state of Washington appointed by the governor of Washington; one (1) 35 tribal council member of the Coeur d'Alene tribe appointed by the council of 36 the Coeur d'Alene tribe; and one (1) representative of the United States of 37 America appointed by the president of the United States of America. 38 (4) The commission shall act by majority vote except that the vote of any 39 commissioner representative of the state of Idaho, the Coeur d'Alene tribe or 40 the United States of America, or the unanimous vote of all three (3) commis- 41 sioners representing Shoshone, Kootenai and Benewah counties, may veto any 42 majority vote, in which event the action is not valid. The fiduciary duties of 43 each commissioner shall be to their respective federal, tribal, state, or 2 1 local governmental entity and such duties shall not disqualify any commis- 2 sioner from full participation in any commission action. The commission may 3 establish an advisory group to provide local citizen input to the commission 4 in the performance of its duties. The commission shall distribute and publish 5 a public involvement policy, to include procedures to assure adherence to the 6 open meeting law and the public records act. 7 (5) The commission shall adopt as the basin project workplan a record of 8 decisions approved pursuant to the federal comprehensive environmental respon- 9 sibility compensation and liability act of 1980 (CERCLA), as amended, by the 10 environmental protection agency of the United States of America, the depart- 11 ment of environmental quality of the state of Idaho and, upon its participa- 12 tion, the Coeur d'Alene tribe, for environmental remediation and related mea- 13 sures pertaining to contamination by heavy metals in the basin. Amendment of 14 the basin project workplan shall be made by the commission upon approval of 15 the United States environmental protection agency, the Idaho department of 16 environmental quality and the Coeur d'Alene tribe. 17 (6) The commission shall, to the extent that funds are available from the 18 financing authority and any other source, implement the basin project 19 workplan. 20 (7) The commission may select institutional control measures in implemen- 21 tation of the basin project workplan. The measures shall be adopted and imple- 22 mented by appropriate local and tribal governments as a condition of 23 remediation or restoration activities within those jurisdictions. 24 (8) The commission shall appoint an executive director to administer the 25 basin project. 26 (9) The commission shall annually fix and determine, consistent with the 27 basin project workplan and its schedule, the priorities of the basin project, 28 the amount of money required from the financing authority, federal grants and 29 taxation for implementing the basin project priorities including costs of con- 30 struction and other activities, costs of operation and maintenance of the 31 work, equipment of the basin project, and costs of administration. 32 (10) The commission shall have, within the basin, the authority of a board 33 of commissioners of a flood control district as provided in chapter 31, title 34 42, Idaho Code, and the authority of a board of commissioners of a drainage 35 district as provided in chapters 29 and 30, title 42, Idaho Code. 36 (11) The commission shall have the following powers and duties which may 37 be exercised through the executive director of the basin project commission: 38 (a) To employ personnel as may be necessary to carry out the purposes and 39 objectives of the basin project commission; 40 (b) To sue and be sued in the name of the basin project commission and to 41 make and execute contracts and other instruments necessary or convenient 42 to the exercise of its power; 43 (c) To manage and conduct the business and affairs of the basin project 44 commission, both within and without the basin; 45 (d) To design, construct, operate and maintain structural works and 46 actions as provided by the basin project workplan or procure or contract 47 for the performance of those works and actions or portions thereof by any 48 local, state, tribal or federal governmental entity or any private entity 49 or individual; 50 (e) To prescribe the duties of officers, agents and employees as may be 51 required; 52 (f) To establish the fiscal year of the basin project commission, to keep 53 records of all business transactions of the basin project commission and 54 to provide an annual public accounting of all expenditures; 55 (g) To obtain options upon and acquire by purchase, exchange, lease, 3 1 gift, grant, bequest, devise, or otherwise, any real or personal property, 2 and improve any properties acquired; to receive income from properties and 3 to expend the income in carrying out the purposes and provisions of the 4 basin project commission; and to lease any of its property or interest 5 therein in furtherance of the purposes and provisions of the basin project 6 commission; 7 (h) To convey rights-of-way and easements for highways, public roads, 8 public utilities, and for other purposes, over basin project property, as 9 shall be determined by the commission to be in the best interests of the 10 basin project; 11 (i) To convey by deed, bill of sale, or other appropriate instrument all 12 of the estate and interest of the basin project commission, in any real or 13 personal property; 14 (j) To enter into contracts or agreements with the United States of Amer- 15 ica or any of its agencies, the states of Idaho or Washington or any of 16 their agencies or political subdivisions or the Coeur d'Alene tribe or any 17 of its agencies or subdivisions or private entities or individuals and to 18 cooperate with those governments, agencies, subdivisions, private entities 19 or individuals in effectuating, promoting and accomplishing the purposes 20 of the basin project; 21 (k) To bear its allocated share of the cost of any project resulting from 22 any contract or agreement entered into as provided in this chapter; 23 (l) To assume, administer and maintain pursuant to any agreement or con- 24 tract entered into in accordance with this chapter any environmental 25 remediation or restoration measure within the basin undertaken by or in 26 cooperation with the United States of America or any of its agencies, the 27 states of Idaho or Washington or any of their agencies or subdivisions, or 28 the Coeur d'Alene tribe or any of its agencies or subdivisions, or any 29 combinations thereof; 30 (m) To accept donations, gifts and contributions in money, services, 31 materials, or otherwise, from the United States of America or any of its 32 agencies, or the states of Idaho or Washington or any of their agencies or 33 political subdivisions, or the Coeur d'Alene tribe or any of its agencies 34 or subdivisions, or private entities or individuals, or any combinations 35 thereof, and to expend such moneys, services, or materials in carrying on 36 its operations; 37 (n) To exercise all other powers necessary or helpful in carrying out the 38 purposes and provisions of the basin project commission as provided in 39 this chapter and by agreements or compacts between the states of Idaho and 40 Washington, the Coeur d'Alene tribe and the United States of America.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Harwood Seconded by Bradford IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 656 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 38, delete "except that" and 3 insert: ".except thatProvided however, in the event of a tie vote, the mea- 4 sure shall fail, and provided further,". 5 CORRECTION TO TITLE 6 On page 1, in line 4, following "COMMISSION" insert: "AND TO PROVIDE FOR 7 TIE VOTES".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 656, As Amended BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO THE BASIN PROJECT COMMISSION; AMENDING SECTION 39-8106, IDAHO 3 CODE, TO PROVIDE FOR AN ADDITIONAL MEMBER ON THE BOARD OF COMMISSIONERS OF 4 THE BASIN PROJECT COMMISSION AND TO PROVIDE FOR TIE VOTES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 39-8106, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-8106. BASIN PROJECT COMMISSION -- ESTABLISHMENT -- COMPOSITION -- 9 POWERS -- DUTIES -- FUNDING. (1) The basin environmental improvement project 10 commission is hereby created and shall become operational when the director of 11 the department of environmental quality, by execution of an appropriate order, 12 determines that: 13 (a) Significant funds from any source have been provided to the basin 14 improvement fund and financing authority; or 15 (b) Any one (1) or more agreements or compacts have been entered into 16 between the state of Idaho and the state of Washington, the Coeur d'Alene 17 tribe or the United States of America providing for participation in the 18 basin project commission and financing authority. 19 (2) Any agreement or compact providing for participation in the basin 20 project commission and financing authority shall be consistent with the terms 21 of this chapter. 22 (3) The board of commissioners of the basin project commission shall 23 include one (1) representative of the state of Idaho,andone (1) representa- 24 tive from each of the county commissions of Shoshone, Kootenai and Benewah 25 counties of the state of Idaho as appointed by the governor of the state of 26 Idaho, and one (1) mayor or city manager representative, residing in Shoshone 27 county, for the combined representation of the communities of Kellogg, Mullan, 28 Osburn, Pinehurst, Smelterville, Wallace and Wardner, nominees for which shall 29 be selected by the city councils of those communities and submitted to the 30 governor of the state of Idaho for his selection and appointment. Upon partic- 31 ipation of the state of Washington, the Coeur d'Alene tribe or the United 32 States of America through agreement or compact, the board of commissioners 33 shall also include, according to such participation: one (1) representative of 34 the state of Washington appointed by the governor of Washington; one (1) 35 tribal council member of the Coeur d'Alene tribe appointed by the council of 36 the Coeur d'Alene tribe; and one (1) representative of the United States of 37 America appointed by the president of the United States of America. 38 (4) The commission shall act by majority vote.except thatProvided how- 39 ever, in the event of a tie vote, the measure shall fail, and provided fur- 40 ther, the vote of any commissioner representative of the state of Idaho, the 41 Coeur d'Alene tribe or the United States of America, or the unanimous vote of 42 all three (3) commissioners representing Shoshone, Kootenai and Benewah coun- 43 ties, may veto any majority vote, in which event the action is not valid. The 2 1 fiduciary duties of each commissioner shall be to their respective federal, 2 tribal, state, or local governmental entity and such duties shall not disqual- 3 ify any commissioner from full participation in any commission action. The 4 commission may establish an advisory group to provide local citizen input to 5 the commission in the performance of its duties. The commission shall distrib- 6 ute and publish a public involvement policy, to include procedures to assure 7 adherence to the open meeting law and the public records act. 8 (5) The commission shall adopt as the basin project workplan a record of 9 decisions approved pursuant to the federal comprehensive environmental respon- 10 sibility compensation and liability act of 1980 (CERCLA), as amended, by the 11 environmental protection agency of the United States of America, the depart- 12 ment of environmental quality of the state of Idaho and, upon its participa- 13 tion, the Coeur d'Alene tribe, for environmental remediation and related mea- 14 sures pertaining to contamination by heavy metals in the basin. Amendment of 15 the basin project workplan shall be made by the commission upon approval of 16 the United States environmental protection agency, the Idaho department of 17 environmental quality and the Coeur d'Alene tribe. 18 (6) The commission shall, to the extent that funds are available from the 19 financing authority and any other source, implement the basin project 20 workplan. 21 (7) The commission may select institutional control measures in implemen- 22 tation of the basin project workplan. The measures shall be adopted and imple- 23 mented by appropriate local and tribal governments as a condition of 24 remediation or restoration activities within those jurisdictions. 25 (8) The commission shall appoint an executive director to administer the 26 basin project. 27 (9) The commission shall annually fix and determine, consistent with the 28 basin project workplan and its schedule, the priorities of the basin project, 29 the amount of money required from the financing authority, federal grants and 30 taxation for implementing the basin project priorities including costs of con- 31 struction and other activities, costs of operation and maintenance of the 32 work, equipment of the basin project, and costs of administration. 33 (10) The commission shall have, within the basin, the authority of a board 34 of commissioners of a flood control district as provided in chapter 31, title 35 42, Idaho Code, and the authority of a board of commissioners of a drainage 36 district as provided in chapters 29 and 30, title 42, Idaho Code. 37 (11) The commission shall have the following powers and duties which may 38 be exercised through the executive director of the basin project commission: 39 (a) To employ personnel as may be necessary to carry out the purposes and 40 objectives of the basin project commission; 41 (b) To sue and be sued in the name of the basin project commission and to 42 make and execute contracts and other instruments necessary or convenient 43 to the exercise of its power; 44 (c) To manage and conduct the business and affairs of the basin project 45 commission, both within and without the basin; 46 (d) To design, construct, operate and maintain structural works and 47 actions as provided by the basin project workplan or procure or contract 48 for the performance of those works and actions or portions thereof by any 49 local, state, tribal or federal governmental entity or any private entity 50 or individual; 51 (e) To prescribe the duties of officers, agents and employees as may be 52 required; 53 (f) To establish the fiscal year of the basin project commission, to keep 54 records of all business transactions of the basin project commission and 55 to provide an annual public accounting of all expenditures; 3 1 (g) To obtain options upon and acquire by purchase, exchange, lease, 2 gift, grant, bequest, devise, or otherwise, any real or personal property, 3 and improve any properties acquired; to receive income from properties and 4 to expend the income in carrying out the purposes and provisions of the 5 basin project commission; and to lease any of its property or interest 6 therein in furtherance of the purposes and provisions of the basin project 7 commission; 8 (h) To convey rights-of-way and easements for highways, public roads, 9 public utilities, and for other purposes, over basin project property, as 10 shall be determined by the commission to be in the best interests of the 11 basin project; 12 (i) To convey by deed, bill of sale, or other appropriate instrument all 13 of the estate and interest of the basin project commission, in any real or 14 personal property; 15 (j) To enter into contracts or agreements with the United States of Amer- 16 ica or any of its agencies, the states of Idaho or Washington or any of 17 their agencies or political subdivisions or the Coeur d'Alene tribe or any 18 of its agencies or subdivisions or private entities or individuals and to 19 cooperate with those governments, agencies, subdivisions, private entities 20 or individuals in effectuating, promoting and accomplishing the purposes 21 of the basin project; 22 (k) To bear its allocated share of the cost of any project resulting from 23 any contract or agreement entered into as provided in this chapter; 24 (l) To assume, administer and maintain pursuant to any agreement or con- 25 tract entered into in accordance with this chapter any environmental 26 remediation or restoration measure within the basin undertaken by or in 27 cooperation with the United States of America or any of its agencies, the 28 states of Idaho or Washington or any of their agencies or subdivisions, or 29 the Coeur d'Alene tribe or any of its agencies or subdivisions, or any 30 combinations thereof; 31 (m) To accept donations, gifts and contributions in money, services, 32 materials, or otherwise, from the United States of America or any of its 33 agencies, or the states of Idaho or Washington or any of their agencies or 34 political subdivisions, or the Coeur d'Alene tribe or any of its agencies 35 or subdivisions, or private entities or individuals, or any combinations 36 thereof, and to expend such moneys, services, or materials in carrying on 37 its operations; 38 (n) To exercise all other powers necessary or helpful in carrying out the 39 purposes and provisions of the basin project commission as provided in 40 this chapter and by agreements or compacts between the states of Idaho and 41 Washington, the Coeur d'Alene tribe and the United States of America.
STATEMENT OF PURPOSE RS 15925 The purpose of this legislation is to allow the cities who are affected by the decisions made by the Basin Commission to have a representative of the cities on the Basin Commission, giving them an equal vote on said Commission. FISCAL NOTE None Contact Name: Rep Dick Harwood Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 656