Bill Analyses and Ratings
Bill Information: H0593 – Environmental Code Cleanup – Committee Repeal
Bill Summary
This bill removes obsolete provisions from Idaho’s hazardous waste management statutes as part of the Idaho Code Cleanup Act. The legislation eliminates the State Hazardous Waste Management Planning Committee and repeals four code sections (39-5805 through 39-5807 and 39-5809) that established the committee, required a state hazardous waste management plan, and governed plan amendments and permit issuance tied to that plan. The bill also removes the committee’s definition from Section 39-5803, renumbers remaining definitions, and updates Section 39-5804 to remove references to the committee’s duties. Additionally, it repeals Chapter 66, Title 39 relating to Big Payette Lake Water Quality and amends Section 39-5810 to remove the requirement that the director wait for plan adoption before issuing licenses, though it retains language requiring consistency with “the adopted hazardous waste management plan.”
Overall Assessment
This bill streamlines Idaho’s environmental code by eliminating an obsolete planning committee and associated bureaucratic requirements for hazardous waste facility licensing. The legislation reduces administrative layers in the permitting process, potentially benefiting businesses seeking hazardous waste facility licenses by removing the requirement to wait for plan adoption. The changes are presented as housekeeping measures to remove outdated provisions that have outlived their usefulness.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (1)
The bill explicitly invokes the Idaho Code Cleanup Act to remove provisions identified as "obsolete, outdated, or unnecessary." It repeals Sections 39-5805 through 39-5807 and 39-5809, eliminating the State Hazardous Waste Management Planning Committee and its associated planning requirements. This directly reduces government bureaucracy by removing an entire committee structure and multi-step planning process from state operations.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill addresses administrative provisions for hazardous waste management and does not contain any text relating to elections, voting procedures, citizen participation in government, or transparency measures.
ARTICLE III. EDUCATION (0)
The bill concerns environmental quality code provisions and hazardous waste management. It contains no provisions relating to schools, curriculum, educational standards, or parental rights in education.
ARTICLE IV. AGRICULTURE (0)
The bill addresses hazardous waste regulatory structures and does not contain provisions specifically relating to agriculture, farming operations, water rights for agricultural use, or agricultural markets.
ARTICLE V. WATER (0)
While the bill repeals Chapter 66, Title 39 relating to Big Payette Lake Water Quality, the actual content of that chapter is not provided in the bill text. The bill does not address water appropriation, prior appropriation doctrine, inter-basin transfers, dam operations, or federal water management issues.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill removes an obsolete committee structure but retains substantive licensing requirements. Section 39-5810 as amended still requires the director to determine that licensing actions are "consistent with the adopted hazardous waste management plan" before issuing licenses. Section 39-5804 continues to require the department to encourage environmentally sound hazardous waste management methods that maximize resource utilization and conservation.
ARTICLE VII. ENERGY (0)
The bill addresses hazardous waste management code provisions and does not contain text relating to energy independence, energy production, oil and gas exploration, hydroelectric power, or electrical rates.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill addresses general hazardous waste management provisions and does not contain text specifically relating to Idaho National Laboratory, nuclear research, or technology transfer programs.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill addresses administrative structures for hazardous waste regulation and does not add or remove provisions relating to property rights, eminent domain, regulatory takings, or property development restrictions.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill addresses hazardous waste management administrative provisions and does not contain text relating to federal land ownership, state administration of federal lands, or land transfer policies.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill addresses hazardous waste management code provisions and does not contain text relating to fish and game management, hunting, fishing, predator control, or endangered species designations.
ARTICLE XII. ECONOMY (0)
The bill removes an obsolete committee structure from hazardous waste regulation but retains substantive licensing requirements. The changes are administrative in nature—the director still must determine consistency with the hazardous waste management plan before issuing licenses under amended Section 39-5810, maintaining the same regulatory framework for businesses.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill addresses hazardous waste management administrative provisions and does not relate to healthcare delivery, health insurance, patient rights, medical decision-making, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill addresses hazardous waste management code provisions and does not contain text relating to family values, marriage, parental authority, or children's welfare.
ARTICLE XV. OLDER AMERICANS (0)
The bill addresses hazardous waste management administrative provisions and does not contain text relating to older Americans, retirement, or services for elderly citizens.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The bill addresses environmental regulatory code provisions and does not contain text relating to criminal justice, gun rights, death penalty, drug enforcement, incarceration, or state sovereignty regarding federal law enforcement.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill addresses hazardous waste management code provisions and does not contain text relating to military affairs, veterans, national defense, border security, or the National Guard.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill addresses environmental regulatory code provisions and does not contain text relating to judicial elections, judicial selection processes, or constitutional interpretation by courts.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill addresses hazardous waste management code provisions and does not contain text relating to religious freedom, free exercise of religion, or the Religious Freedom Restoration Act.