Hot Bills 2008

During the Idaho State Legislature, the Idaho Conservation League keeps track of the bills your representatives are working on that affect important natural resource issues.

The previous year's hot bills have been archived.

House Bills

• HB 688 - Local Option Tax
• HB 643 - Invasive Species
• HB 586 - Vehicle Emission Testing
• HB 557 - Burning of Crop Residue
• HB 531 - Negotiated Rule Making
• HB 500 - Renewable Resources
• HB 482 - Vehicle Emission Testing
• HB 467 - Ranch, Farm and Forest Protection Act
• HB 459 - Negotiated Rule Making
• HB 432 - Renewable Energy Resources Fund
• HB 428 - Statewide Aquifer Planning and Management
• HB 422 - Energy Efficient State Buildings

House Resolutions

• HJR 4 - Local Option Tax
• HJR 3 - Right to Hunt
• HJR 2 - Right to Hunt

Senate Bills

• SB 1421 - Penalties for Littering
• SB 1417 - Delay North Idaho Water Adjudication
• SB 1416 - Repeal of North Idaho Water Rights Adjudication
• SB 1412 - Energy Efficient Schools
• SB 1402 - CAFO 1 Mile
• SB 1375 - Groundwater Pollution from Mining
• SB 1374 - Wolf Depredation
• SB 1373 - Grizzly Bear Depredation
• SB 1348 - Mining Water Rights
• SB 1314 - Moratorium on Merchant Power Plants
• SB 1313 - Moratorium on Elk Farms, Ban Shooter Bull Operations
• SB 1293 - Energy Facility Siting
• SB 1289 - Nuclear Advisory Vote
• SB 1279 - Repeal of North Idaho Water Rights Adjudication
• SB 1278 - North Idaho Water Rights Adjudication for the Rathdrum Prairie
• SB 1277 - Voluntary North Idaho Water Rights Adjudication
• SB 1266 - Wolf Depredation
• SB 1264 - Grizzly Bear Penalties
• SB 1249 - Removal of Basins from North Idaho Water Rights Adjudication

Senate Resolutions

• SCR 128 - Greenhouse Gas Reduction

[full bill descriptions] You will need to make note of the bill number to access the full bill description.

House Bills, descending order

HB 688 - Local Option Tax
ICL Position: Oppose
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Allows for local option tax by a city or county as long as 66 2/3 of the electorate approves on a November election date. While we may support the concepts in this bill, it is linked to the passage of a constitutional amendment. We believe the amendment is overly burdensome, unnecessary and takes control away from local governments to meet their needs.

HB 643 - Invasive Species
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Establishes the Idaho Invasive Species Act of 2008 which spells out prohibited actions, duties of the state, and authorizes the promulgation of rules. This sets an important the framework for addressing the increasing threat of invasive species to our land and waterways.

HB 586 - Vehicle Emission Testing
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: A new version of House Bill 482 which authorizes the Idaho Department of Environmental Quality to develop rules allowing auto emissions testing in certain Idaho air sheds. This measure would be used only in the event that an air shed was heading towards "non-attainment" - a federal classification that, if triggered, results in the loss of federal highway funding and federally imposed pollution standards and controls.

HB 557 - Burning of Crop Residue
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Repeals existing law related to field burning and adds a new section on regulation. This bill represents a compromise between public health advocates and agricultural interests. The oversight will be moved from the Idaho State Agriculture Department to the Department of Environmental Quality, the location of burning will be made available to the public and sensitive populations like children and the elderly will have increased protection from poor air quality.

HB 531 - Negotiated Rule Making
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: An update to HB 459, this bill strengthens and clarifies the purpose and procedure for negotiated rule making. Negotiated rule making is an important tool for the state agencies to create rules that reflect the desires of various interested parties. We are supportive of increasing public notification and clarifying the process.

HB 500 - Renewable Resources
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Expands the definition of renewable resources that can be developed on school endowment lands. The definition includes: fuel cells, low impact hydro, sun or landfill gas, wind and geothermal resources.

HB 482 - Vehicle Emission Testing
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Authorizes the Idaho Department of Environmental Quality to develop rules allowing auto emissions testing in certain Idaho airsheds. This measure would be used only in the event that an airshed was heading towards ’Äúnon-attainment’Äù ’Äì a federal classification that, if triggered, results in the loss of federal highway funding and federally imposed pollution standards and controls.

HB 467 - Ranch, Farm and Forest Protection Act
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Provides a tax credit to owners of agriculture and forestland who agree not to develop lands important for fish and wildlife. We are part of a large and diverse coalition supporting this effort.

HB 459 - Negotiated Rule Making
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Strengthens and clarifies the purpose and procedure for negotiated rule making. Negotiated rule making is an important tool for the state agencies to create rules that reflect the desires of various interested parties. We are supportive of increasing public notification and clarifying the process.

HB 432 - Renewable Energy Resources Fund
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Directs money from the lease of renewable energy sources on federal lands, in part to the Idaho Office of Energy. The money will be used to support renewable energy sources, which is defined as geothermal, wind and solar resources. We think this is an appropriate source of funding to support renewable energy in Idaho.

HB 428 - Statewide Aquifer Planning and Management
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Provides 20 million dollars to the Department of Water Resources to conduct a statewide aquifer planning and management effort. There are many unanswered questions in regards to the aquifers in the state. We are supportive of the collection of data that will inform the state's decisions on water quantity.

HB 422 - Energy Efficient State Buildings
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Requires state funded buildings to be 30% more efficient than the current energy code. This applies to new state buildings or renovations larger than 5,000 square feet. We believe energy efficiency is cost effective and environmentally sound.

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House Resolutions, descending order

HJR 4 - Local Option Tax
ICL Position: Oppose
Status and Text of Resolution: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Amends the Idaho Constitution to allow for local option tax for cities and counties with legislative approval. The resolution also requires approval of two-thirds of the qualified electorate in a November election. We believe this amendment is unnecessary and sets an overly burdensome bar for the approval of local option tax.

HJR 3 - Right to Hunt
ICL Position: Neutral
Status and Text of Resolution: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Amends the Idaho Constitution to provide the right to hunt and fish. This amendment is unnecessary, as it has no impact on the current opportunities for hunting, fishing, trapping and harvesting of wild game.

HJR 2 - Right to Hunt
ICL Position: Oppose
Status and Text of Resolution: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Amends the Idaho Constitution to provide the right to hunt and fish. The problem with this amendment is that the language may interfere with the ability for state to manage wildlife and licenses associated with hunting and fishing.

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Senate Bills, descending order

SB 1421- Penalties for Littering
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Increases the fine for littering on highways, up to $1000 or jail time up to six months or both. The current penalty is not serving as a deterrent to littering.

SB 1412 - Energy Efficient Schools
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Requires new schools to be energy efficient through integrated design and fundamental commissioning. This process will conserve our natural resources and save the state money.

SB 1402 - CAFO 1 Mile
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Removes the one-mile primary residency requirement to participate in Concentrated Animal Feeding Operation (CAFO) local hearings. The bill allows for affected persons to participate in public hearings associated with CAFO siting. We believe any interested party should be able to participate in the decision making process.

SB 1375 - Groundwater Pollution from Mining
ICL Position: Oppose
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Allows mining companies to pollute groundwater. This bill was brought by the Idaho Mining Industry in an effort to side step an ongoing Department of Environment Quality negotiated rule making process.

SB 1374 - Wolf Depredation
ICL Position: Neutral
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Consistent with the state’Äôs management plan for wolves, this bill allows for wolves to be killed by livestock owners in order to protect their property. This bill is a rewrite of SB 1266.

SB 1373 - Grizzly Bear Depredation
ICL Position: Neutral
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Includes grizzly bears in the depredation program using the same process for black bears and mountain lions. This would only apply to delisted grizzly bears.

SB 1348 - Mining Water Rights
ICL Position: Oppose
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Exempts mining operations from forfeiture of water rights as long as the property is maintained and has mineral rights. It is not clear if this would be retroactive so it is unknown which mining operations would be able to take advantage of this exemption. It is also unclear what is meant by property maintenance. The unknown consequences of this bill are unacceptable.

SB 1314 - Moratorium on Merchant Power Plants
ICL Position: Neutral
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Puts a moratorium on large merchant coal and nuclear plants until a statewide siting authority is in pace. The moratorium would expire in 2010. We do not believe a moratorium on coal-fired power plants is necessary because Idaho opted out of the mercury cap and trade program. This means no coal-fired power plants can be constructed in Idaho. We do believe a statewide siting authority should be put in place for merchant plants particularly since we are currently faced with two proposed nuclear plants.

SB 1313 - Moratorium on Elk Farms, Ban Shooter Bull Operations
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Places a moratorium on new elk farms, prohibits further importation of elk, and bans shooter bull operations also known as canned hunts. Elk farms and canned hunting operations have been banned in neighboring states because of the risk of spreading diseases from domestic and introduced elk to native elk herds. This bill was defeated last session.

SB 1293 - Energy Facility Siting
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Creates a statewide authority for the construction and operation of large electric generation facilities. Currently, three county commissioners make the decision. We believe that a statewide siting authority will lead to be information and discussion about energy issues in Idaho particularly those pertaining to the impact on natural resources and public health.

SB 1289 - Nuclear Advisory Vote
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Amends Idaho code, which currently prevents the prohibition of nuclear power plants without voter approval, by adding voter approval for nuclear power plants. These votes are non-binding and serve as advisory votes. The state currently seeks an advisory vote on prohibiting nuclear plants so asking voters before the state approves them seems appropriate.

SB 1279 - Repeal of North Idaho Water Rights Adjudication
ICL Position: Oppose
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Repeals the North Idaho water rights adjudication. We are concerned that removing the adjudication process will result in no information about the status water quantity in North Idaho. Studies resulting from water rights adjudication will ensure that water is used efficiently. It also helps educate the public in regards to water quantity for consumption, recreation and industrial uses.

SB 1278 - North Idaho Water Rights Adjudication for the Rathdrum Prairie
ICL Position: Oppose
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Narrows the North Idaho water rights adjudication to focus only on the Rathdrum Prairie. We are concerned that this is too narrow in scope and will result in a lack of information about the increasing scarce water quantity in North Idaho.

SB 1277 - Voluntary North Idaho Water Rights Adjudication
ICL Position: Oppose
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Makes the North Idaho water rights adjudication voluntary. We are concerned that making this voluntary will result in a lack of information about the water quantity in North Idaho. Studies resulting from water rights adjudication will ensure that water is used efficiently. It also helps educate the public in regards to water quantity for consumption, recreation and industrial uses.

SB 1266 - Wolf Depredation
ICL Position: Neutral
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Consistent with the state's management plan for wolves, this bill allows for wolves to be killed by livestock owners in order to protect their property.

SB 1264 - Grizzly Bear Penalties
ICL Position: Support
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Creates a penalty for illegal killing, possession, or disposal of grizzly bears. This is consistent with the penalties for illegal activities in regards to trophy big game animals like moose, elk, bighorn sheep and caribou.

SB 1249 - Removal of Basins from North Idaho Water Rights Adjudication
ICL Position: Oppose
Status and Text of Bill: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Removes the Kootenai and Clark Fork-Pend Oreille River Basin from the North Idaho water rights adjudication. We are concerned that removing these basins will result in a lack of information about the water quantity in North Idaho. Studies resulting from water rights adjudication will ensure that water is used efficiently. It also helps educate the public in regards to water quantity for consumption, recreation and industrial uses.

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Senate Resolutions, descending order

SCR 128 - Greenhouse Gas Reduction
ICL Position: Support
Status and Text of Resolution: http://www.legislature.idaho.gov/index.htm
ICL Commentary: Requests the Idaho Department of Environmental Quality and the Office of Energy to prepare a report identifying opportunities and steps the legislature could take to prepare for greenhouse gas regulation and prioritize energy conservation and renewable resources. We believe this information would assist the legislature in deciding a course of action on the issues.

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