2006 Legislation
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HOUSE BILL NO. 656 – Basin Project Comm, members

HOUSE BILL NO. 656

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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, and one (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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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 that Provided 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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, and one (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 Provided 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 / Fiscal Impact



                       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