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H 198

LABORATORIES – Amends, repeals, and adds to existing law to establish provisions regarding laboratories.

68th Legislature, 1st Regular Session (2025)

House Bill H 198 mandates cleanup of properties used as drug labs, protecting public health by requiring owners to decontaminate or demolish contaminated sites.

Reported Signed by Governor on March 14, 2025 Session Law Chapter 84 Effective: 07/01/2025; 07/01/2025 IDAPA Sunset Clause - SECTION 15, 16, 17, & 18
#buildings #controlledsubstances #fees #lawenforcement #realproperty #rules #safety
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Bill Summary · H 198

Summary of House Bill H 198: Laboratories

Bill Overview

  • Bill Number: H 198
  • Title: Laboratories – Amends, repeals, and adds to existing law to establish provisions regarding laboratories.
  • Status: Reported Signed by Governor on March 14, 2025; Effective Date: July 1, 2025
  • Introduced: February 10, 2025
  • Classification: Bill
  • Subject Areas: Buildings, Controlled Substances, Fees, Law Enforcement, Real Property, Rules, Safety

Purpose and Intent

House Bill H 198 aims to enhance public health and safety by establishing clear regulations and responsibilities regarding the cleanup of properties previously used as clandestine drug laboratories. The bill consolidates existing regulations into Idaho Code, ensuring that properties contaminated by hazardous substances are properly managed to protect future occupants.

Key Provisions

The bill includes several significant amendments and additions to Idaho Code, specifically in Chapter 26, Title 6, as follows:

  1. Revisions to Purpose and Definitions:

    • Updates the purpose of the legislation to emphasize the protection of public health from hazardous chemical residues.
    • Defines key terms such as "clandestine drug laboratory," "department," "law enforcement agency," and "qualified industrial hygienist."

  2. Department Responsibilities:

    • Establishes the Idaho Department of Health and Welfare's responsibility to maintain a list of properties identified as clandestine drug laboratories.
    • Outlines the process for issuing certificates of delisting once cleanup standards are met.

  3. Law Enforcement Agency Duties:

    • Mandates law enforcement agencies to notify property owners and the department within 72 hours of discovering evidence of a clandestine drug laboratory.

  4. Property Owner Responsibilities:

    • Requires property owners to comply with cleanup standards or opt for demolition of the contaminated property.
    • Ensures that properties remain vacant until they meet the established cleanup standards.

  5. Immunity for Property Owners:

    • Provides immunity from civil actions related to health claims for property owners who successfully meet cleanup standards.

  6. Fee Structure:

    • Authorizes the state laboratory to charge fees related to certification and inspections.

  7. Repeal of Existing Rules:

    • Nullifies certain administrative rules previously established under IDAPA 16.02, consolidating them into the new statutory framework.

Impact

The bill primarily affects:
- Residential Property Owners: They will be responsible for ensuring their properties are decontaminated if found to be contaminated by clandestine drug activities.
- Law Enforcement Agencies: They will have defined roles in reporting and managing contaminated properties.
- Public Health: The legislation aims to reduce health risks associated with exposure to hazardous substances in residential areas.

Procedural Timeline

  • March 14, 2025: Signed by the Governor; effective July 1, 2025.
  • February 10, 2025: Introduced and referred to the Health & Welfare Committee.
  • February 26, 2025: Reported out of committee with a "Do Pass" recommendation.
  • March 10, 2025: Passed in the House with a vote of 67-1-2 and subsequently in the Senate.

This bill represents a significant step in regulating the cleanup of properties affected by illegal drug manufacturing, ensuring that public health is prioritized in the management of such hazardous situations.

Compiled from official sources — confirm details with the bill’s official record.

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