Storage tank fee legislation passes after much debate in House

The Idaho House has passed legislation assessing new fees on underground storage tank owners in an effort to keep state primacy over the program, rather than have it taken over by the EPA – but only after extensive debate in which some House members urged rejection of the bill as a way to take a stand against the feds.

“What we are doing with this bill is we are going to be enforcing the administrative rules of the EPA,” declared Rep. Heather Scott, R-Blanchard, who spoke repeatedly against the Senate-passed bill, SB 1244 . “Citizens are tired of the same-old, same-old … federal overreach,” she said. She cited last night’s election as proof, at which point House Minority Leader John Rusche, D-Lewiston, objected, and Bedke admonished her that the bill had nothing to do with the election.

House Resources Chairman Dell Raybould, R-Rexburg, pleaded with the House not to reject the bill. “Here we’ve got about 3,500 people who would have to deal with an antagonizing federal agency, unless we pass this legislation,” he said; that’s the number of underground storage tanks in Idaho. “They can deal with an agency in this state who will help them. We owe it to our citizens to help them in any way we can.”

Rep. Mat Erpelding, D-Boise, the bill’s House sponsor, said, “We are not going to teach the federal government a lesson by rejecting this piece of legislation. In fact, we are likely to cost landowners a lot of money.”

After a 40-minute debate, the House passed the bill on a 39-29 vote. It now goes to Gov. Butch Otter’s desk.

Idaho received primacy from the federal government to regulate underground storage tanks in 2012, but it doesn’t have sufficient funds to operate the program; it’s currently one of only two states that doesn’t charge any fees to support the program. JFAC already has set a budget for the Department of Environmental Quality that includes a stopgap appropriation to keep the program going until the new fees, of up to $100 per tank, start coming in.

At an earlier budget hearing, DEQ Director John Tippets, a former GOP state senator, said, “I personally believe that there are clear benefits to having the Idaho Department of Environmental Quality implement environmental programs in Idaho rather than the federal government.” He cited increased flexibility, improved customer service, “ability for Idahoans to interface with other Idahoans to resolve issues related to the environment,” increased opportunities for public participation, “often lower penalties associated with enforcement actions,” and shorter timelines.