39-6703. ESTABLISHMENT OF A REGIONAL AIR QUALITY COUNCIL — PETITION. (1) There is hereby authorized the establishment of regional air quality councils within the Idaho department of environmental quality.

(2) Any ten (10) persons living within the boundaries of a geographical area proposed for the establishment of a regional air quality council may file a petition with the board of environmental quality within the department of environmental quality requesting a regional air quality council be established. The petition shall set forth:

(a) The proposed name of the regional air quality council;

(b) The needs, in the interest of the public health, safety and welfare, for such a council;

(c) The geographical boundaries of the territory proposed for development of a plan by a council; and

(d) A request that the board duly define the geographic boundaries for a council.

(3) Within thirty (30) days after such petition has been filed with the board, it shall cause due notice to be given of a proposed hearing upon the petition. After such hearing, if the board determines upon the facts presented at the hearing and upon such other relevant facts and information as may be available, that there is need in the interest of the public health, safety and welfare, for the establishment of a regional air quality council, it shall approve the petition and shall make and record such approval. The board shall immediately as practicable notify the governor by forwarding a copy of the board’s approval to the governor. Within a reasonable time, but not to exceed ninety (90) days, the governor shall appoint members to that regional air quality council in accordance with the provisions of section 39-6708, Idaho Code.

(4) It shall be the responsibility of any council established under this chapter to develop a plan and carry out the duties established by this chapter. The council shall be assisted in its work by the department of environmental quality and other appropriate state and local agencies as needed.

History:

[39-6703, added 2005, ch. 206, sec. 1, p. 616.]