All Roll Calls
Yes: 91 • No: 12
IdahoS 11702025 regular legislative sessionSenate
ENVIRONMENTAL QUALITY – Repeals and adds to existing law to establish provisions regarding ore processing by cyanidation.
Sponsored By: STATE AFFAIRS COMMITTEE
Signed by Governor
ENVIRONMENTAL QUALITY
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 2 benefits, 2 costs, 2 mixed.
Residents get mining permit comment rights
DEQ must publish permit notices in a newspaper for two consecutive weeks. Draft permits include a fact sheet and a 60-day written comment period starting with the initial notice. DEQ must hold a public meeting within 30 days after notice. Only written comments received during the comment period must be accepted and considered. DEQ must make comments and responses public and publish its final decision notice within 30 days after comments close.
Water protections for cyanide ore processing
Covered facilities that process ore with cyanide must use engineering-based controls to prevent pollution that harms Idaho waters. Applications must include pollution-control plans and surface-water and groundwater monitoring, with compliance points and early-warning limits. Monitoring need not repeat requirements in other DEQ permits. Construction must follow approved plans; permits may also require approval of a final construction data package. DEQ has 60 days to review that package when required. Operators must submit an engineer-stamped report within 30 days after completing a facility, component, or construction phase.
Mine operators must secure closure funding
New or materially changed cyanide ore-processing facilities need a DEQ permit before construction, operation, or closure. DEQ must approve a permanent closure plan before issuing the permit. Operators must provide required financial security before construction or operation begins. Closure plans and financial security follow Idaho Code chapter 15, title 47.
Mining applicants pay state permit costs
Cyanide ore-processing permit applicants must agree to pay DEQ's actual permitting costs. The agreement is required before a pre-application conference or submission of a preliminary design report. Costs for other DEQ services are included only with the applicant's agreement. Unpaid required charges can lead to permit denial.
Mining permit deadlines and construction limits
DEQ has 30 days to check application paperwork and 60 days after that notice to check technical completeness. A permit application is deemed approved if DEQ issues no decision within 180 days of receiving it. DEQ and applicants can agree to pauses or extensions within statutory limits. Review is limited to the law's criteria; review of major changes covers only the proposed material changes. DEQ can deny applications for uncorrectable incompleteness, noncompliance, or unpaid required charges. Permits expire after two years without construction unless DEQ grants a written extension request. Otherwise, permits remain valid until DEQ finds permanent closure complete or revokes or changes them.
Mining rules preserve some older exemptions
The law replaces Idaho's prior cyanide ore-processing statute with a standalone permit system. Facilities permitted before July 1, 2005, stay under laws and rules in effect June 30, 2005. Material changes after June 30, 2005, follow the new requirements. Closure or reclamation is not a material change or expansion when facilities stopped actively adding cyanide after January 1, 2005. Research and development, including bench- and pilot-scale testing, is exempt from the new section and its rules. The new section also covers applications filed on or before January 1, 2025, still under review July 1, 2025. Upon passage and approval, the law nullified IDAPA 58.01.13 subsection 100.04 and sections 300, 400, 450, and 550.
Sponsors & Cosponsors
Sponsor
STATE AFFAIRS COMMITTEE
Affiliation unavailable
Cosponsors
Judy Boyle
Republican • House
Phil Hart
Republican • Senate
Roll Call Votes
House vote • 3/27/2025
House Floor Vote
Yes: 61 • No: 8
Senate vote • 3/19/2025
Senate Floor Vote
Yes: 30 • No: 4
Actions Timeline
Signed by Governor on 03/31/25 Session Law Chapter 228 Effective: 03/31/2025; 03/31/2025 IDAPA Sunset Clause - SECTION 3
4/3/2025Reported delivered to Governor at 10:05 a.m. on 03/31/25
3/31/2025Reported signed by the Speaker & ordered delivered to Governor
3/31/2025Received from Senate; Signed by Speaker; Returned to Senate
3/28/2025HouseReported enrolled; signed by President; to House for signature of Speaker
3/28/2025SenateReturned From House Passed; referred to enrolling
3/28/2025SenateRead Third Time in Full – PASSED - 61-8-1
3/27/2025HouseRead second time; Filed for Third Reading
3/26/2025HouseReported out of Committee with Do Pass Recommendation, Filed for Second Reading
3/25/2025HouseRead First Time, Referred to Resources & Conservation
3/20/2025HouseReceived from the Senate, Filed for First Reading
3/20/2025HouseRead third time in full – PASSED - 30-4-1
3/19/2025SenateRead second time; filed for Third Reading
3/18/2025SenateReported out of Committee with Do Pass Recommendation; Filed for second reading
3/17/2025SenateReported Printed; referred to Resources & Environment
3/13/2025SenateIntroduced; read first time; referred to JR for Printing
3/12/2025Senate
Bill Text
Bill Text
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