STATEMENT OF PURPOSE
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.
FISCAL NOTE
. 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.
Contact:
Jess Byrne
Department of Environmental Quality
(208) 373-0114
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 02/13/2023, 5:09 PM


Statutes affected:
Bill Text: 39-105
Engrossment 1: 39-105