T39CH81
Title 39 > T39CH81
Sections (15)
39-8101
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8101. Short title. This act may be known and cited as the Basin Environmental Improvement Act. History: [39-8101, added 2001, ch. 371, sec. 2, p. 1297.]
39-8102
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8102. Policy of state. The Idaho legislature declares that environmental protection and improvement of the Coeur d’Alene basin to protect human health and enhance natural resources is very important to the state. Therefore, it is the policy of the state to provide in this chapter a system for environmental remediation, natural resource restoration and related measures to address heavy metal contamination in the basin. The system provided in this chapter is intended to protect and promote the health, safety and general welfare of the people of Idaho in a manner consistent with local, state, federal and tribal participation and resources. History: [39-8102, added 2001, ch. 371, sec. 2, p. 1297.]
39-8103
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8103. Definitions. As used in this chapter, unless a different meaning clearly appears from the context: (1) Administrator means the administrator or a member of the board of administrators of the basin environmental improvement fund and financing authority. (2) Basin means the watershed of Coeur d’Alene Lake within the counties of Shoshone, Kootenai and Benewah in the state of Idaho. (3) Basin environmental improvement fund and financing authority or financing authority means the entity established by the authority of this chapter, and agreements, compacts, reciprocal legislation or resolutions with or by the United States of America, the Coeur d’Alene tribe or the state of Washington to accept and invest funds and finance the activities of the basin project. (4) Basin environmental improvement project or basin project means the environmental and natural resources restoration and related measures regarding heavy metal contamination in the basin undertaken by the commission. (5) Basin environmental improvement project commission or commission means the entity organized by the authority of this chapter and agreements, compacts, reciprocal legislation or resolutions with or by the United States of America, the Coeur d’Alene tribe or the state of Washington to implement the basin project. (6) Board of administrators or administrators means the administrator or board of administrators of the basin environmental improvement fund and financing authority. (7) Board of commissioners or commission means the board of commissioners of the basin environmental improvement project commission. (8) Bonds or notes or bond anticipation notes or other obligations means any bonds, notes, debentures, interim certificates or other evidence of financial indebtedness issued by the financing authority pursuant to this chapter. (9) Commissioner means a member of the board of commissioners of the basin environmental improvement project commission. (10) Executive director means the executive director of the basin environmental improvement project commission. History: [39-8103, added 2001, ch. 371, sec. 2, p. 1298.]
39-8104
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8104. Establishment of agreements or compacts for participation in basin project commission. The director of the department of environmental quality and the attorney general of the state of Idaho or their delegates shall represent the state of Idaho in negotiations with representatives of the state of Washington, the Coeur d’Alene tribe and the United States of America for the purpose of reaching agreements or compacts between the state of Idaho and any or all of the other named governments regarding participation in the basin project commission and the basin financing authority, for the purpose of providing for environmental remediation and natural resource restoration in the Coeur d’Alene basin in a manner consistent with local, state, federal and tribal authorities and resources; provided however, that any agreement or compact entered into on behalf of the named governments shall not be binding or obligatory upon any of those governments until the agreement or compact is approved by the requisite named governments. The governor of the state of Idaho may enter into any agreement or compact consistent with this chapter. History: [39-8104, added 2001, ch. 371, sec. 2, p. 1298.]
39-8105
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8105. Governor shall request reciprocal legislation or resolution. The governor of the state of Idaho shall advise the chairman of the Coeur d’Alene tribe, the governor of the state of Washington and the president of the United States of America of the enactment of this chapter and request that, if necessary, reciprocal resolutions or legislation be enacted by those governments to authorize negotiation and entry into agreements or compacts regarding participation in the basin environmental improvement project commission and financing authority. History: [39-8105, added 2001, ch. 371, sec. 2, p. 1299.]
39-8106
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8106. Basin project commission — Establishment — Composition — Powers — Duties — Funding. (1) The basin environmental improvement project commission is hereby created and shall become operational when the director of the department of environmental quality, by execution of an appropriate order, determines that: (a) Significant funds from any source have been provided to the basin improvement fund and financing authority; or (b) Any one (1) or more agreements or compacts have been entered into between the state of Idaho and the state of Washington, the Coeur d’Alene tribe or the United States of America providing for participation in the basin project commission and financing authority. (2) Any agreement or compact providing for participation in the basin project commission and financing authority shall be consistent with the terms of this chapter. (3) The board of commissioners of the basin project commission shall include one (1) representative of the state of Idaho and one (1) representative from each of the county commissions of Shoshone, Kootenai and Benewah counties of the state of Idaho as appointed by the governor of the state of Idaho. Upon participation of the state of Washington, the Coeur d’Alene tribe or the United States of America through agreement or compact, the board of commissioners shall also include, according to such participation: one (1) representative of the state of Washington appointed by the governor of Washington; one (1) tribal council member of the Coeur d’Alene tribe appointed by the council of the Coeur d’Alene tribe; and one (1) representative of the United States of America appointed by the president of the United States of America. (4) The commission shall act by majority vote except that the vote of any commissioner representative of the state of Idaho, the Coeur d’Alene tribe or the United States of America, or the unanimous vote of all three (3) commissioners representing Shoshone, Kootenai and Benewah counties, may veto any majority vote, in which event the action is not valid. The fiduciary duties of each commissioner shall be to their respective federal, tribal, state, or local governmental entity and such duties shall not disqualify any commissioner from full participation in any commission action. The commission may establish an advisory group to provide local citizen input to the commission in the performance of its duties. The commission shall distribute and publish a public involvement policy, to include procedures to assure adherence to the open meeting law and the public records act. (5) The commission shall adopt as the basin project workplan a record of decisions approved pursuant to the federal comprehensive environmental responsibility compensation and liability act of 1980 (CERCLA), as amended, by the environmental protection agency of the United States of America, the department of environmental quality of the state o
39-8107
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8107. Basin fund and financing authority — Establishment — Administrators — Powers. (1) The basin environmental improvement fund and financing authority is hereby created and shall become operational when the director of the department of environmental quality, by execution of an appropriate order, determines that significant funds have been provided to the financing authority from any source, or any one (1) or more agreements or compacts between the state of Idaho and the state of Washington, the Coeur d’Alene tribe or the United States of America providing for participation in the basin project commission and financing authority. The financing authority shall be an independent public body corporate and politic within the meaning of section 1, article viii, of the constitution of the state of Idaho, with no power to levy taxes or to obligate the general fund of the state of Idaho. (2) The administrator or board of administrators of the financing authority shall consist of one (1) representative appointed by the governor of the state of Idaho. Upon participation in the basin project by agreement or compact, one (1) representative shall be appointed by the council of the Coeur d’Alene tribe, one (1) representative shall be appointed by the governor of the state of Washington and one (1) representative shall be appointed by the president of the United States of America. Appointments shall be made on the basis of demonstrated investment and financial management expertise. Each administrator shall serve at the pleasure of his or her respective appointing authority and may be removed and replaced at any time. Administrators shall not be compensated. Two (2) or more administrators shall constitute a board and may act by majority vote. Meetings shall be held whenever a majority of administrators so request. The administrator or board of administrators shall direct the activities of the financing authority. (3) The funds of the financing authority may include moneys and any income paid in settlement of any claims or lawsuits regarding heavy metals contamination in the basin, annual appropriations by the states of Idaho and Washington or the Coeur d’Alene tribe, receipts from the issuance of bonds and any other source, public or private. To the extent allowed by law, the funds of the financing authority shall not be considered federal funds and shall be available for use as state matching funds for federal grants. (4) The financing authority may administer its funds to maximize income to fund the basin project. The financing authority is hereby authorized to invest any funds not needed for immediate use or disbursement, including any funds held in reserve, in: (a) Bonds, notes and other obligations of the United States of America or any agency or instrumentality thereof and other securities secured by such bonds, notes or other obligations; (b) Money market funds which are insure
39-8108
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8108. Financing authority may issue notes and bonds — Related powers and duties. (1) The financing authority may issue from time to time its notes and bonds in a principal amount as the financing authority determines to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the financing authority, establishment of reserves to secure notes and bonds, and all other expenditures of the financing authority incident to and necessary or convenient to carry out its corporate purposes and powers. (2) The financing authority may issue: (a) Bonds or notes, in one (1) or more series, to finance the basin project or any portion or portions thereof; (b) Notes in anticipation of appropriations or other revenues; (c) Notes to renew notes; and (d) Bonds to pay notes, including the interest thereon, and whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. The refunding bonds may be: (i) Exchanged for bonds to be refunded; or (ii) Sold and the proceeds applied to the purchase, redemption or payment of such bonds. (3) Every issue of its notes and bonds shall be special obligations of the financing authority payable out of such fund or funds as shall be specified by the financing authority. (a) The notes and bonds shall be authorized by resolution or resolutions of the financing authority, shall bear a date or dates and shall mature at a time or times as the resolution or resolutions may provide, except that no note shall mature more than one (1) year from the date of its issue and no bond shall mature more than thirty (30) years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at a rate or rates, be in denominations, be in a form, either coupon or registered, carry registration privileges, be executed in a manner, be payable in a medium of payment, at a place or places, and be subject to terms of redemption as the resolution or resolutions may provide. The notes and bonds of the financing authority may be sold by the financing authority, at public or private sale, at a price or prices, at, above, or below par, as the financing authority shall determine. (b) Any resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to: (i) Pledging all or any part of the revenues to secure the payment of the notes or bonds or of any issue thereof, subject to such agreements with noteholders or bondholders as may then exist; (ii) Pledging all or any part of the asset
39-8109
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8109. Notes and bonds — State will not impair vested rights. The state pledges to and agrees with the holders of any notes or bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the financing authority to fulfill the terms of any agreements made with the holders thereof or in any way impair the rights and remedies of the holders until the notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The financing authority may include this pledge and agreement of the state in any agreement with the holders of the notes or bonds. History: [39-8109, added 2001, ch. 371, sec. 2, p. 1306.]
39-8110
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8110. Limitation of liability — Notes and bonds are not a debt of the state. The notes, bonds or other obligations of the financing authority are not an indebtedness or obligation of the state of Idaho, or of any department, board, commission, agency, political subdivision, body corporate and politic, or instrumentality of a municipality or county within the state, nor shall such notes, bonds or obligations of the financing authority constitute the giving or loaning of the credit of the state of Idaho, or of any department, board, commission, agency, political subdivision, body corporate and politic or instrumentality of a municipality or county within the state, nor shall they be payable out of any funds other than those of the financing authority; and the notes and bonds shall contain on the face thereof a statement to that effect. History: [39-8110, added 2001, ch. 371, sec. 2, p. 1307.]
39-8111
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8111. State may make grants to financing authority. The state may make grants of money or property to the financing authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers including, but not limited to, deposits to the reserve funds. This section does not limit any other power the state may have to make grants to the financing authority. History: [39-8111, added 2001, ch. 371, sec. 2, p. 1307.]
39-8112
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8112. Notes and bonds of financing authority are legal investments. The notes and bonds of the financing authority are legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are also hereby made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is authorized by law. History: [39-8112, added 2001, ch. 371, sec. 2, p. 1307.]
39-8113
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8113. Notes and bonds of financing authority are tax exempt. The basin project commission and the financing authority perform essential governmental functions in the exercise of the powers conferred upon them under this chapter. The notes and bonds of the financing authority issued under this chapter, and the income therefrom, including any profit made on the sale thereof, and all its fees, charges, gifts, grants, revenues, receipts, and other moneys received, pledged to pay or secure the payment of the notes or bonds, are exempt from taxation by the state, municipalities and all other political subdivisions of the state. Any property acquired or used by the basin project commission consistent with this chapter are exempt from taxation and assessments. History: [39-8113, added 2001, ch. 371, sec. 2, p. 1307.]
39-8114
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8114. Chapter not a limitation of powers. This chapter does not restrict or limit the powers which the basin project commission or financing authority might otherwise have under any laws of this state, and this chapter is cumulative to those powers. This chapter provides an additional and alternative method for actions authorized and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes and other obligations and refunding bonds under this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds, notes and other obligations. Contracts for the construction and acquisition of any facilities undertaken pursuant to this chapter need not comply with any other state law applicable to contracts for the construction and acquisition of state owned property. No proceedings, notice or approval is required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as is provided in this chapter. History: [39-8114, added 2001, ch. 371, sec. 2, p. 1308.]
39-8115
TITLE 39 HEALTH AND SAFETY CHAPTER 81 BASIN ENVIRONMENTAL IMPROVEMENT ACT 39-8115. Inconsistent laws — This chapter controls. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific or local, the provisions of this chapter control. History: [39-8115, added 2001, ch. 371, sec. 2, p. 1308.]