Env quality, director, contracts
ENVIRONMENTAL QUALITY – Amends existing law to authorize the director of the Department of Environmental Quality to enter into certain voluntary contracts and agreements.

RS30351 / S1098

This legislation modifies Chapter 1, Title 39, Idaho Code, Section §39-105, to add a new subsection (5)(c), which allows the director of the Department of Environmental Quality (DEQ) to enter into voluntary funding agreements with public agencies, municipal corporations, and private parties. The current language of section §39-105, specifically sections §39-105(4) and §§39-105(5)(a) and (b), allows DEQ to enter into funding agreements, but only in specific instances and with the involvement of a federal agency, public agency, or municipal corporation. In the past, DEQ has been asked to provide technical input, regulatory guidance, or review of complex projects outside of DEQ’s routine work. Often, the project proponents offer to provide cost reimbursement or cover contractor costs. By allowing DEQ to enter into voluntary agreements with private parties as well as municipalities and public agencies, DEQ will have greater flexibility to be reimbursed for expenses associated with specific projects or activities or engage contractors, without requiring the involvement of the federal government or other governmental entity. These agreements would be completely voluntary and may help address an increasing workload associated with planning and scoping of large or complex projects. As an example, the planning stages of mining activity on federal mineral leases include a comprehensive analysis, as required by the National Environmental Policy Act, and the preparation of an Environmental Impact Statement. These processes typically take years, and it is in the best interest of the state and the proponent of the project to have DEQ participate in pre-permitting work to provide technical input and regulatory guidance. Participation during the planning stages substantially reduces the potential for problems when permitting begins. Additionally, federal regulations typically require input from the state. Under existing code, DEQ can only recover expenses related to this work if a federal agency agrees to pass funds from the mining company to DEQ, which is not always the case.

. This voluntary funding mechanism will provide an additional option to help support increased workload the agency is experiencing. We estimate it would initially result in voluntary agreements that fund approximately $180,000 worth of DEQ professional staff or consultant compenstion per year.

Bill Events
Date Description
02/13 Introduced; read first time; referred to JR for Printing
02/14 Reported Printed; referred to Resources & Environment
02/23 Reported out of committee; to 14th Order for amendment
03/02 Placed in the Committee of the Whole
Reported out without recommendation, as amended
Amendments ordered printed; referred for engrossment
Amendments reported printed
Reported engrossed, filed for first reading, as amended
Read first time as amended, filed for Second Reading
03/03 Read second time as amended, filed for Third reading
03/08 Read third time in full as amended – PASSED - 34-0-1
AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Cook, Den Hartog, Dunn(Carlson), Foreman, Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lee, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Ward-Engelking, Winder, Wintrow, Zuiderveld
NAYS – None
Absent and excused – Lakey
Floor Sponsor - Guthrie
Title apvd - to House
03/13 Received from the Senate, Filed for First Reading
Read First Time, Referred to Environment, Energy & Technology
03/16 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
03/17 Read second time; Filed for Third Reading
03/20 U.C. to hold place on third reading calendar one legislative day
03/21 Read Third Time in Full – PASSED - 50-16-4
AYES – Andrus, Barbieri, Blanksma, Boyle, Bundy, Burns, Cannon, Cheatum, Chew, Clow, Cornilles, Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Galaviz, Gannon, Garner, Green, Healey, Hill, Holtzclaw, Horman, Lanting, Manwaring, Mathias, McCann, Mendive, Mickelsen, Miller, Monks, Nash, Necochea, Nelsen, Petzke, Pickett, Raybould, Raymond, Redman, Roberts, Sauter, Shepherd, Weber, Wheeler, Wroten, Yamamoto, Mr. Speaker
NAYS – Berch, Crane(12), Crane(13), Gallagher, Handy, Hawkins, Kingsley, Lambert, Mitchell, Palmer, Price, Scott, Tanner, Vander Woude, Wisniewski, Young
Absent – Alfieri, Allgood, Rubel, Skaug
Floor Sponsor - Wheeler
Title apvd - to Senate
03/22 Returned From House Passed; referred to enrolling
Reported enrolled; signed by President; to House for signature of Speaker
03/23 Received from Senate; Signed by Speaker; Returned to Senate
Reported signed by the Speaker & ordered delivered to Governor
03/24 Reported delivered to Governor at 8:25 a.m. on 03/24/23
03/28 Signed by Governor on 03/27/23
Session Law Chapter 153
Effective: 07/01/2023