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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 - 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.
]]]] 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".
]]]] 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
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