2006 Legislation
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SENATE BILL NO. 1264 – Hazardous waste permit vendors

SENATE BILL NO. 1264

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Bill Status



S1264.....................................................by TRANSPORTATION
HAZARDOUS WASTE - PERMIT VENDORS - Amends existing law to provide that
vendors selling hazardous waste permits shall be remunerated as determined
by contract between the vendor and the Idaho Transportation Department.
                                                                        
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to Transp
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/03    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Broadsword, Bunderson, Burkett, Burtenshaw,
      Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Williams
      NAYS -- None
      Absent and excused -- Brandt, Pearce, Werk
    Floor Sponsor - Keough
    Title apvd - to House
02/06    House intro - 1st rdg - to Transp
02/17    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 66-1-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- Loertscher
      Absent and excused -- Boe, Crow, Denney
    Floor Sponsor - Wood
    Title apvd - to Senate
02/27    To enrol
02/28    Rpt enrol - Pres signed
03/01    Sp signed
03/02    To Governor
03/08    Governor signed
         Session Law Chapter 20
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1264
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PERMIT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTES; AMENDING
  3        SECTION 49-2202, IDAHO CODE, TO PROVIDE  THAT  VENDORS  SELLING  HAZARDOUS
  4        WASTE  PERMITS  SHALL BE REMUNERATED AS DETERMINED BY CONTRACT BETWEEN THE
  5        VENDOR AND THE IDAHO TRANSPORTATION DEPARTMENT AND TO MAKE TECHNICAL  COR-
  6        RECTIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 49-2202, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        49-2202.  PERMIT REQUIREMENTS FOR TRANSPORTERS OF  HAZARDOUS  WASTES.  (1)
 11    Every person, including a private carrier or a common or contract carrier, who
 12    operates  a  vehicle on any highway of this state transporting hazardous waste
 13    shall first procure from the department an annual or single  trip  permit  for
 14    each  vehicle  so  driven in which the shipment meets any one of the following
 15    qualifiers:
 16        (a)  Is required to be placarded pursuant to title  49,  code  of  federal
 17        regulations, part 172;
 18        (b)  Is manifested on a United States environmental protection agency uni-
 19        form  hazardous  waste manifest form 8700-22 and 8700-22aA, or its equiva-
 20        lent;
 21        (c)  Is any waste  material  containing  polychlorinated  biphenyls  (PCB)
 22        which is regulated by title 40, code of federal regulations, part 761; but
 23        in  the  event  waste material is being transported to a disposal facility
 24        approved in compliance with 40 CFR 761.70 or 40 CFR 761.75 and is accompa-
 25        nied by a hazardous waste manifest  form  8700-22  or  8700-22aA,  or  its
 26        equivalent,   then   a   permit   shall  be  required  regardless  of  the
 27        polychlorinated biphenyl concentration.
 28    This permit shall be available for  examination  and  shall  be  displayed  in
 29    accordance  with  rules adopted by the department. The provisions of this sec-
 30    tion shall not apply to vehicles owned by any city, county, state  or  federal
 31    governmental  department  or agency, special purpose district created pursuant
 32    to law or rural electric cooperatives.
 33        (2)  The fee for a single trip permit for the transportation of  hazardous
 34    waste shall be twenty dollars ($20.00).
 35        (3)  The  fee  for  an  annual  permit for the transportation of hazardous
 36    waste shall be two hundred fifty dollars ($250).
 37        (4)  Any carrier required to pay the fees assessed pursuant to  this  sec-
 38    tion  is authorized to pass along such fees to the shipping party.  No portion
 39    of the fees shall be prorated, reduced or transferred to another vehicle.
 40        (5)  The department may select vendors to serve as agents on  state  high-
 41    ways  for  the purpose of selling hazardous waste permits where fixed ports of
 42    entry do not adequately serve a respective highway  entering  the  state.  The
 43    vendor  shall  be remunerated at the rate of two dollars ($2.00) determined by
                                                                        
                                           2
                                                                        
  1    contract between the vendor and the department per permit  sold,  and  he  the
  2    vendor  shall  collect  the fees provided in this section, and pay the fees to
  3    the department. The vendor shall guarantee payment by giving  a  bond  to  the
  4    state  of  Idaho  in a sum as shall be fixed by the department, the premium on
  5    the bond to be paid by the department.
  6        (6)  The operation of a vehicle, which is subject to the  permit  require-
  7    ments  of  this section in a negligent manner is a violation of the provisions
  8    of this chapter.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                          RS 15346

This legislation will amend Section 49-2202, Idaho Code, to 
implement an internal audit recommendation to amend Idaho Code 
to reflect the actual fee amount being paid to vendors for 
issuing Hazardous Waste Permits to the amount as determined by 
contract between the Department and the vendor.



                         FISCAL NOTE

This legislation does not require additional budget funding for 
the department.




CONTACT
Name:	Alan Frew
Agency:	Idaho Transportation Department
Phone:	334-8809



STATEMENT OF PURPOSE/FISCAL NOTE                	S 1264