Friday, May 1, 2009

Revised bighorn sheep bill passes Senate and House

S1232aa: Bighorn sheep bill revised: Passed the Senate and the House.
This bill rewrites the vetoed bighorn sheep bill and adds a section that requires IDFG to develop a state management plan to maintain a self-sustaining population of bighorn sheep. The plan is required to take into account the existing state and federal grazing allotments. The plan will outline best management practices which permittees must implement in order to make the risk of disease transmission between bighorn and domestic sheep acceptable.

Bighorn Sheep bill vetoed

S1175aa: Care and control of bighorn sheep: Amended twice but still vetoed by the Governor.
This bill amends an existing law to provide that: Fish and Game take specified action relating to the relocation of bighorn sheep; provide for the relocation or control of certain bighorn sheep by the Director of the Department of Fish and Game and to delete reference to provisions relating to the employment of certain veterinarians by the Department of Agriculture.

The governor has established a collaborative effort to arrive at a solution and some of the members would have pulled out if the Governor had signed this bill. He is working with the sponsor, Sen. Jeff Siddoway, to craft another bill that will not jeopardize the negotiations.

Swan Falls agreement signed by gov

S1167, S1169, S1185: Swan Falls and recharge: All signed by the Governor on 4/24/09 and effective on 7/01/09
All of these bills deal with one of a previous session’s contentious issues: the Swan Falls agreement that led to the state adjudication process and the issue of recharge of the aquifer.

The first requires the Idaho Water Resource Board approve any managed recharge project in excess of 10,000 acre feet annually. It also provides a public process for evaluating and balancing the effects of managed recharge.

S1169 confirms the limitations on the Idaho Public Utilities Commission that were part of the 1984 Swan Falls Settlement between the State and Idaho Power Company.

The last clarifies that the Swan Falls Agreement does not preclude use of water for aquifer recharge. It affirms that ground water recharge rights will be issued in compliance with Idaho law and the state water plan. The director may regulate methods of recharge to prevent conditions that are adverse to the beneficial use of water under existing water rights.

Resolution addresses pending invasive species

SCR 109: Here come the mussels: Adopted by both houses.
This resolution addresses the pending emergency confronting Idaho in the form of Zebra and Quagga mussels. Further, the Resolution declares that such an emergency exists and that deficiency warrants, as authorized by the Idaho Invasive Species Act of 2008, be used proactively by the Department of Agriculture. The resolution outlines limitations and scope in the use of emergency deficiency warrants.


The State of Idaho is on the verge of experiencing significant impacts across a wide spectrum of its natural and economic resources as a result of the accidental introduction of various aquatic nuisance species, primarily quagga and zebra mussels. The impacts across the state will be extreme, affecting the economic, social and recreational pursuits of all Idahoans who are influenced by hydro power and other dams, drinking water, agricultural diversions for irrigation, recreational pursuits such as boating, fishing, golf courses, hatcheries, and the aquaculture industry. The ecological impacts of introduction of these and other invasives are immeasurable and irreversible. There are approximately 90,000 registered motorized vessels in Idaho, plus an estimated 9,000 nonresident motorized vessels that recreate on our public waterways each year. Non-motorized boaters are estimated at between 90,000 and 120,000.

The resolution assesses the following fees to fund measures to fend off invasive aquatic species:
For motorized vessels:
Ten dollars ($10.00) per vessel registered in the state of Idaho prior to launch
into the public waters of the state;
Twenty dollars ($20.00) per vessel registered outside the state of Idaho prior
to launch into the public waters of the state.
For non-motorized vessels:
Five dollars ($5.00) per vessel prior to launch into the public
waters of the state.

Commercial outfitters with non-motorized fleets exceeding five (5) vessels shall be
afforded a prorated group rate of thirty dollars ($30.00) for six (6) to ten (10) vessels;
fiftyfive dollars ($55.00) for eleven (11) to twenty (20) vessels; and one hundred dollars
($100) for twenty one (21) or more vessels.

Resolution addresses the impacts of converting working lands to other uses

HCR 18: The cost of subdividing our working lands: Adopted by both houses.
This resolution requests the Natural Resources Interim Committee to study the impacts of converting working ranches, farms and forests to other uses. The resolution also asks for an examination of the need for new state policy initiatives to protect the values that such lands contribute to local economies, agricultural heritage, wildlife habitat, and recreational opportunities. The Natural Resources Interim Committee is encouraged to seek the views of interested groups and public on these issues.

Interim committees to continue work throughout the off season

HCR 13, HCR16, HCR25, HCR31: Interim committees
Interim committees adopted by both House and Senate include:
- Natural resources, to study resource issues (see HCR 18 below);
- A continuation of the energy, environment and technology interim committee;
- An interim committee to complete a study of statutory provisions of the Idaho Code and rules relating to the Soil Conservation Commission and soil conservation districts.

HCR 31 which establishes an interim committee to study Idaho’s transportation system and make recommendations passed the House on 4-29-09.

Wolf sharing bill signed into law

S1015: Share our wolves, please: Signed by the Governor and went into effect on 4-17-09.
This tongue in cheek legislation officially recognizes that Idaho has a surplus of wolves and
offers some of these surplus animals to other states. This legislation directs the Idaho Fish and Game Department to write to their counterparts in all other states, offering some of our surplus animals.

Joint Memorial Encourages Wolf Delisting

HJM1: Wolf delisting: Adopted with only two nay votes.
This House Joint Memorial urges the United States to honor the commitment made to Idaho that wolves would be delisted upon fulfillment of the 1994 recovery standards, and that the President be urged to withdraw the directive suspending publication of the rule removing Northern Rocky Mountain gray wolves from the list of endangered and threatened species and that the President and his Administration be urged to allow that rule to take effect and defend the rule against any legal challenges.

Aquifer Management Plan to go into effect

H264: Aquifer management plan: signed by the Governor and effective 4-23-09
This legislation approves the Eastern Snake Plain Aquifer (ESPA) Comprehensive Aquifer Management Plan (CAMP) as a component of the Comprehensive State Water Plan and provides that the Idaho Water Resource Board prepare and submit for approval to the legislature a funding mechanism needed to implement Phase One of the CAMP.

The CAMP establishes a long term program for managing water supply and demand in the ESPA it also establishes an incremental net change to the ESPA water budget of 600,000 acre feet. The Phase One water budget target is 200,000 to 300,000 acre feet over the next ten years. The CAMP calls for the establishment of an advisory committee to assist the Board in the development of an implementation plan, which will include establishing mechanisms to collect funds for implementation of Phase One from the various participants.

Renewable Energy Enterprize Zones: a concept for another time?

H122: Renewable Energy Enterprise Zones: A concept ahead of its time, it is still in committee
This legislation will stimulate economic growth by creating Renewable Energy Enterprise Zones (REEZ). A REEZ is a limited geographic region in which specific renewable energy resources are promoted for development. This legislation identifies appropriate incentives and tax benefits designed to stimulate development of resources and distribution systems necessary to bring the energy to market. A REEZ would only be created in areas where local officials and private investors are willing to offer financial, technical, and physical infrastructure support.

Land assessment rates to cover costs of wildfire protection

H31: Cost of wildfire protection: Introduced in the House, amended in the Senate: signed by the Governor, effective 7-1-09
The Department of Lands is responsible for wild land fire protection on about six million acres of state and private forest lands. Funds trained crews and equipment ready for fire season are partially covered by forest landowner assessments. Current assessments are at the maximums established in code, but not keeping pace with inflationary and other cost increases. The dedicated Forest Protection Fund established for these fees is poised to go negative in FY2010.

This legislation will raise the assessment caps which will allow the State Board of Land
Commissioners to set assessments at rates that cover expected costs. In addition, this legislation
will establish a "Wildfire Equipment Replacement Fund" to be used for the replacement of capital wildfire equipment, such as fire trucks, to help defray the costs of replacing this equipment, over time

Transmission facilities get priority status

H7: PUC and transmission facilities: signed by the Governor on 2-19-09, effective 7-1-09
This legislation recognizes Idaho’s critical need for transmission infrastructure as it relates to economic growth and sustainability, energy security, and the broader public interest. The PUC and the Office of Energy Resource both confirm that a “priority status” designation does not impact the decision-making role of local units of government as it relates to their current responsibilities associated with transmission siting. Rather, the purpose of this legislation is for the public utilities commission to determine whether the construction of electric transmission facilities should be designated to receive priority processing by state agencies, facilitating expedited processing by those agencies. The process of seeking priority status would be initiated by a transmission developer.

State agencies, at the direction of the Governor, will develop the functional role related to designating priority status at the state level.