# State Implementation Plan Update

With Regard to



# State Boards

( Sections 128 and 110(a)(2)(E)(ii) of the Clean Air Act )

State of Idaho

Department of Environmental Quality

1410 North Hilton

Boise, ID 83706This page intentionally left blank for correct double

- sided printing

## Background

The purpose of this document is to demonstrate to the U.S. Environmental Protection Agency

(EPA) that the Idaho State Implementation Plan (SIP) for air quality adequately meets the "State

Boards" requirements of 42 U.S.C. § 7428 (section 128) and § 7410 (section 110(a)(2)(E)(ii) ) of

the Clean Air Act [CAA]).

Section 128 provides:

(a) Not later than the date one year after August 7, 1977, each applicable

implementation plan sh all contain requirements that

—

(1) any board or body which approves permits or enforcement orders under this chapter

shall have at least a majority of members who represent the public interest and do not

derive any significant portion of their income fro m persons subject to permits or

enforcement orders under this chapter, and

(2) any potential conflicts of interest by members of such board or body or the head of

an executive agency with similar powers be adequately disclosed.

A State may adopt any req uirements respecting conflicts of interest for such boards or

bodies or heads of executive agencies, or any other entities which are more stringent

than the requirements of paragraph (1) and (2), and the Administrator shall approve any

such more stringent requirements submitted as part of an implementation plan.

Section 110(a)(2)(E)(ii) reiterates the above requirement:

(2) Each implementation plan submitted by a State under this chapter shall be adopted

by the State after reasonable notice and public hearing. Each such plan shall

—

*

*

(E) provide

(i

) necessary assurances that the State (or, except where the Administrator deems

inappropriate, the general purpose local government or governments, or a regional

agency designated by the State or general purpose local governments for such purpose)

will hav e adequate personnel, funding, and authority under State (and, as appropriate,

local) law to carry out such implementation plan (and is not prohibited by any provision

of Federal or State law from carrying out such implementation plan or portion thereof),

(ii) requirements that the State comply with the requirements respecting State boards

under section 7428 of this title, and

(iii) necessary assurances that, where the State has relied on a local or regional

government, agency, or instrumentality for the implementation of any plan provision, the

State has responsibility for ensuring adequate implementation of such plan provision;

Attachment 1, Governor’s Order, satisfies the requirements of Section 128(a)(1) and Attachment

2, Idaho Ethics in Government A ct, satisfies the requirements of Section 128(a)(2) (see

also http://legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm

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# Attachment 1

Governor’s OrderEXECUTIVE DEPARTMENT

STATE OF IDAHO

BOISE



### EXECUTIVE ORDER NO. 2013

- 06

APPOINTMENT OF MEMBERS OF THE BOARD OF ENVIRONMENTAL QUALITY

WHEREAS, the S tate of Idaho administers the Clean Air Act

, 42 U.S.C. 7401 et s eq

. , through

provisions of S tate law identified and described in a S tate I mplementation P lan (SIP);

WHEREAS, the Idaho Board of Environmental Quality is authorized to make final administrative

appeal determinations regarding air quality permits and enforcement orders ;

WHEREAS, section 128 of the Clean Air Act requires Idaho’s SIP to include the following

provisions :

(1) Any board or body which approves permits or enforcement orders under this chapter

shall have at least a majority of members who represent the public interest and do not

derive any significant portion of their income from persons subject to permits or

enforcement orders under this chapter ; and

(2) Any potential conflicts of in terest by members of such board or body or the head of an

executive agency with similar powers shall be adequately disclosed.

WHEREAS , Idaho Code § 39

- 107(1)(a) provides :

The board of environmental quality shall consist of seven (7) members

who shall be appointed by the governor, with the advice and consent of the

senate. The members shall serve at the pleasure of the governor. Each

member of the board shall be a citizen of the United States, a resident of

the state of Idaho, and a qualified elector, and shall be appointed to

assure appropriate geographic representation of the state of Idaho. Not

more than four (4) members of the board shall be from any one (1)

political party. Two (2) members of the board shall be chosen with due

regard to either knowledge and interest in solid waste; two (2) members

shall be chosen for their knowledge of and interest in air quality; two (2)

members shall be chosen for their knowledge and interest in water

quality; and one (1) member shall be chosen with due regard for th eir

knowledge of and interest in air, water and solid waste issues

.

NOW THEREFORE

, I, C.L. “Butch” Otter, Governor of the State of Idaho, by the authority

vested in me und er the Constitution and laws of the State of Idaho

, do hereby order the appointment of

members to the Idaho board of environmental quality shall be made in conformance with the

requirements of Idaho Code s ection 39

- 107(1)(a)

, and section 128 of the Clean A ir Act (2 U.S.C. 7428)

.

IN WITNESS WHEREOF, I have hereunto set my hand and

caused to be affixed the Great Seal of the State of Idaho at the

Capitol in Boise on this 26 th 

### day of June in the year of our Lord

two thousand and thirteen and of the Independence of the United

States of Amer ica the two hundred thirty

- seventh and of the

Statehood of Idaho the one hundred twenty

- third

. 

## The Office of the Governor Executive Department

State of Idaho



### C.L. “B UTCH ” OTTER

G OVERNOR

BEN YSURSA

SECRETARY OF STATE State Capitol

BoiseThis page intentionally left blank for correct double

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# Attachment 2

Idaho Ethics in Government ActTITLE 59PUBLIC OFFICERS IN GENERALCHAPTER 7ETHICS IN GOVERNMENT59-701. Short title. This act shall be known and may be cited as the "Ethics in Government Actof 1990."History:[59-701, added 1990, ch. 329, sec. 2, p. 904.]59-702. Policy and purpose. It is hereby declared that the position of a public official at alllevels of government is a public trust and it is in the public interest to:(1)Protect the integrity of government throughout the state of Idaho while at the same timefacilitating recruitment and retention of personnel needed within government;(2)Assure independence, impartiality and honesty of public officials in governmental functions;(3)Inform citizens of the existence of personal interests which may present a conflict of interestbetween an official's public trust and private concerns;(4)Prevent public office from being used for personal gain contrary to the public interest;(5)Prevent special interests from unduly influencing governmental action; and(6)Assure that governmental functions and policies reflect, to the maximum extent possible, thepublic interest.History:[59-702, added 1990, ch. 329, sec. 2, p. 904.]59-703. Definitions. For purposes of this chapter:(1)"Official action" means any decision on, or proposal, consideration, enactment, defeat, ormaking of any rule, regulation, rate-making proceeding or policy action or nonaction by agovernmental body or any other policy matter which is within the official jurisdiction of thegovernmental body.(2)"Business" means any undertaking operated for economic gain, including, but not limited to,a corporation, partnership, trust, proprietorship, firm, association or joint venture.(3)"Business with which a public official is associated" means any business of which the publicofficial or member of his household is a director, officer, owner, partner, employee or holder ofstock over five thousand dollars ($5,000) or more at fair market value.(4)"Conflict of interest" means any official action or any decision or recommendation by aperson acting in a capacity as a public official, the effect of which would be to the privatepecuniary benefit of the person or a member of the person's household, or a business with whichthe person or a member of the person's household is associated, unless the pecuniary benefitarises out of the following:(a)An interest or membership in a particular business, industry, occupation or class required bylaw as a prerequisite to the holding by the person of the office or position;(b)Any action in the person's official capacity which would affect to the same degree a classconsisting of an industry or occupation group in which the person, or a member of the person'shousehold or business with which the person is associated, is a member or is engaged;(c)Any interest which the person has by virtue of his profession, trade or occupation where hisinterest would be affected to the same degree as that of a substantial group or class of otherssimilarly engaged in the profession, trade or occupation;(d)Any action by a public official upon any revenue measure, any appropriation measure or anymeasure imposing a tax, when similarly situated members of the general public are affected bythe outcome of the action in a substantially similar manner and degree.(5) "Economic gain" means increase in pecuniary value from sources other than lawfulcompensation as a public official.(6) "Governmental entity" means:(a)The state of Idaho and all agencies, commissions and other governmental bodies of the state;and(b)Counties and municipalities of the state of Idaho, all other political subdivisions including,but not limited to, highway districts, planning and zoning commissions or governmental bodiesnot specifically mentioned in this chapter.(7) "Members of a household" means the spouse and dependent children of the public officialand/or persons whom the public official is legally obligated to support.(8) "Person" means an individual, proprietorship, partnership, association, trust, estate, businesstrust, group or corporation, whether operated for profit or not, and any other legal entity, or agentor servant thereof, or a governmental entity.(9) "Public office" means any position in which the normal and usual duties are conducted onbehalf of a governmental entity.(10) "Public official" means any person holding public office in the following capacity:(a)As an elected public official meaning any person holding public office of a governmentalentity by virtue of an elected process, including persons appointed to a vacant elected office of agovernmental entity, excluding members of the judiciary; or(b)As an elected legislative public official meaning any person holding public office as alegislator; or(c)As an appointed public official meaning any person holding public office of a governmentalentity by virtue of formal appointment as required by law; or(d)As an employed public official meaning any person holding public office of a governmentalentity by virtue of employment, or a person employed by a governmental entity on a consultivebasis.History:[59-703, added 1990, ch. 329, sec. 2, p. 904; am. 1999, ch. 145, sec. 1, p. 415.]59-704. Required action in conflicts. A public official shall not take any official action or makea formal decision or formal recommendation concerning any matter where he has a conflict ofinterest and has failed to disclose such conflict as provided in this section. Disclosure of aconflict does not affect an elected public official's authority to be counted for purposes ofdetermining a quorum and to debate and to vote on the matter, unless the public official requeststo be excused from debate and voting at his or her discretion. In order to determine whether aconflict of interest exists relative to any matter within the scope of the official functions of apublic official, a public official may seek legal advice from the attorney representing thatgovernmental entity or from the attorney general or from independent counsel. If the legal adviceis that no real or potential conflict of interest exists, the public official may proceed and shall notbe subject to the prohibitions of this chapter. If the legal advice is that a real or potential conflictmay exist, the public official:(1)If he is an elected legislative public official, he shall disclose the nature of the potentialconflict of interest and/or be subject to the rules of the body of which he/she is a member andshall take all action required under such rules prior to acting on the matter. If a member requeststo be excused from voting on an issue which involves a conflict or a potential conflict, and thebody of which he is a member does not excuse him, such failure to excuse shall exempt thatmember from any civil or criminal liability related to that particular issue.(2)If he is an elected state public official, he shall prepare a written statement describing thematter required to be acted upon and the nature of the potential conflict, and shall file suchstatement with the secretary of state prior to acting on the matter. A public official may seeklegal advice from the attorney representing that agency or from the attorney general or fromindependent counsel. The elected public official may then act on the advice of the agency'sattorney, the attorney general or independent counsel.(3)If he is an appointed or employed state public official, he shall prepare a written statementdescribing the matter to be acted upon and the nature of the potential conflict, and shall deliverthe statement to his appointing authority. The appointing authority may obtain an advisoryopinion from the attorney general or from the attorney representing that agency. The publicofficial may then act on the advice of the attorney general, the agency's attorney or independentcounsel.(4)If he is an elected public official of a county or municipality, he shall disclose the nature of apotential conflict of interest prior to acting on a matter and shall be subject to the rules of thebody of which he/she is a member and take all action required by the rules prior to acting on thematter. If a member requests to be excused from voting on an issue which involves a conflict or apotential conflict, and the body of which he is a member does not excuse him, such failure toexcuse shall exempt that member from any civil or criminal liability related to that particularissue. The public official may obtain an advisory opinion from the attorney general or theattorney for the county or municipality or from independent counsel. The public official maythen act on the advice of the attorney general or attorney for the county or municipality or hisindependent counsel.(5)If he is an appointed or employed public official of a county or municipality, he shall preparea written statement describing the matter required to be acted upon and the nature of the potentialconflict, and shall deliver the statement to his appointing authority. The appointing authority mayobtain an advisory opinion from the attorney for the appointing authority, or, if none, theattorney general. The public official may then act on the advice of the attorney general orattorney for the appointing authority or independent counsel.(6)Nothing contained herein shall preclude the executive branch of state government or apolitical subdivision from establishing an ethics board or commission to perform the duties andresponsibilities provided for in this chapter. Any ethics board or commission so established shallhave specifically stated powers and duties including the power to:(a)Issue advisory opinions upon the request of a public official within its jurisdiction;(b)Investigate possible unethical conduct of public officials within its jurisdiction and conducthearings, issue findings, and make recommendations for disciplinary action to a public official'sappointing authority;(c)Accept complaints of unethical conduct from the public and take appropriate action.History:[59-704, added 1990, ch. 329, sec. 2, p. 905.]59-704A. Noncompensated public official -- Exception. When a person is a public official byreason of his appointment or election to a governing board of a governmental entity for whichthe person receives no salary or fee as compensation for his service on said board, he shall not beprohibited from having an interest in any contract made or entered into by the board of which heis a member, if he strictly observes the procedure set out in section18-1361A,Idaho Code.History:[59-704A, added 1992, ch. 121, sec. 3, p. 399.]59-705. Civil penalty. (1) Any public official who intentionally fails to disclose a conflict ofinterest as provided for in section59-704,Idaho Code, shall be guilty of a civil offense, thepenalty for which may be a fine not to exceed five hundred dollars ($500), provided that theprovisions of this subsection shall not apply to any public official where the governmental entityon which said official serves has put into operation an ethics commission or board described insection59-704(6),Idaho Code.(2) The penalty prescribed in subsection (1) of this section does not limit the power of eitherhouse of the legislature to discipline its own members, nor limit the power of governmentalentities, including occupational or professional licensing bodies, to discipline their members orpersonnel. A violation of the provisions of this chapter shall not preclude prosecution andconviction for any criminal violation that may have been committed.History:[59-705, added 1990, ch. 329, sec. 2, p. 907.]