Note: This year IFF rated maintenance bills according to a more refined system. This is an enhancement bill, and will be rated as a standalone bill. IFF will only consider enhancement line items in these ratings. This means that FTP reductions passed in maintenance legislation will not be evaluated here, among other things.
Bill Description: Senate Bill 1403 is an enhancement of $1,830,000 and 4.00 new full-time positions for the Department of Environmental Quality (DEQ) for fiscal year 2027. This legislation appropriates a total of $98,356,300 and 379.00 full-time positions to the agency.
Rating: -1
Is the continuation or growth in ongoing spending, if any, inappropriate for the changes in circumstances, scope of the agency, or current economic environment? Conversely, is the continuation or growth in ongoing spending appropriate given any change in circumstances or economic pressures?
This legislation authorizes an ongoing spending enhancement for the DEQ of $1,830,000, an increase from last year’s (FY26) reduction of $73,220,000. The large decrease in ongoing spending in FY26 is due to ARPA funds being made onetime as they wind down. FY26’s ongoing spending is wrapped into FY27’s base increase, making ongoing spending especially important to scrutinize. Volatility in these increases (or decreases) is to be expected, and makes discernment on the propriety of new spending imperative.
This ongoing expenditure consists of several enhancements including the continued remediation of the Triumph Mine site ($1,230,000 DF), IPDES Program adjustments ($381,700 DF), with a net increase of $200,000 after removal of $181,700 in federal funds. IPDES is a program required by the EPA and administered by the Idaho DEQ.
History of the Triumph Mine Remediation:
In 1993, EPA determined that the Triumph Mine site warranted listing as a Superfund site (FR 1993), but local residents and county commissioners opposed federal involvement. EPA agreed to withdraw the site from the NPL if the state completed the investigations, monitoring, and remedial actions following methods similar to EPA’s Superfund cleanup process. A 1994 Memorandum of Agreement (MOA) between EPA and the Idaho Department of Environmental Quality (DEQ) listed the completion activities required to withdraw the site from proposed Superfund status (EPA 1994).
This, therefore is a federally compelled expenditure. It is regrettable that the Federal Government has unconstitutionally seized this power to essentially force Idaho into compliance under the threat of a federal court order.
The final enhancement is to implement H555 ($400,000 DF). This transfer from the Hazardous Waste Emergency Fund is a cash transfer inside the agency, though it appears as an enhancement.
(0)
Does the budget grow government through the addition of new, objectionable, permanent FTPs or through funding unlegislated efforts to create new or expanded existing programs? Conversely, does this budget reduce the size of government staff and programs except where compelled by new legislation?
The addition of 4.00 new FTP is required by H555 as the responsibility for solid waste has been transferred from public health districts to DEQ. This will relieve the burden at the local level, but introduce costs to the state. Both these programs were or will be supported by fees, so this likely represents a net zero effect or slightly reduced fees due to efficiency gains.
However, the SoP attached to H555 did not call for new authorized FTPs to complete this work. DEQ has 375 FTP before these additions. The agency should either move FTPs to the division as a net zero transfer or roll up these duties into existing department, considering H555 did not authorize or state the need for any additional FTPs.
(-1)
