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AMG
Capitol Review - February 3, 2012 Temporary
Burn Permits The Department of Environmental Quality (DEQ) intends to submit the final draft to the Board of Environmental Quality for consideration for temporary adoption at the April 25, 2011 Board meeting. If the rule is adopted by the Board, DEQ will submit the rule for publication in the June 2011 issue of the Idaho Administrative Bulletin and will initiate the proposed rulemaking. These temporary rules will not go into effect until submitted through the EPA for the State Implementation Plan (SIP) which could take up to 18 months to be accepted. We do not expect to participate in the use of temporary burn permits until, at best, 2012. The
small crop residue burns will
include baled agricultural residue, spot burns and blanching (a
processed used in mint production).
Those
wanting to burn are responsible to ensure that adequate measures are taken
so the burn does not create a hazard for travel on a public roadway.
Burning is not allowed if the proposed burn location is within three (3)
miles of an institution with a sensitive population and the surface wind
speed is greater than twelve (12) miles per hour or if the smoke is
adversely impacting or is expected to adversely impact an institution with
a sensitive population. Burning is permitted for a county unless DEQ has
designated that the day is a no-burn day which may include weekends and
holidays. Spot and baled agriculture residue burns cannot smolder or
create smoke outside of the designated time period that burning is
allowed. After a spot burn is complete, the farmer will need to record the date, time frame, type of burn, and amount burned on the date of the burn. Records of such burns will need to be retained for two years and made available to DEQ upon request.
2011
Legislative Summary Association
Management Group The
2011 Idaho Legislature convened on Monday, January 10 and adjourned on
Thursday, April 7. The
legislature dealt with business of the state for a total of 88 days.
It was our pleasure to represent a number of clients on issues
before the Idaho Legislature. During
the 2011 session, AMG lobbyists attended all meetings of the Ag Lobbyist
group (each Tuesday) and represented clients at Food Producers of Idaho
(Wednesday) meetings each week during the session. Each
Wednesday during the session Food Producers of Idaho hosted new
legislators for lunch. This gave us an opportunity to interact with
Freshman legislators and establish a relationship related to Idaho
agriculture. Benjamin attended
most meetings of the Idaho Association of Commerce and Industry (IACI) on
behalf of Food Producers of Idaho and Idaho Cooperative Council, Inc. that
are both members. The
groups we lobbied for during the 2011 session included: Rick
Waitley and Benjamin Kelly: Idaho
Cooperative Council, Inc.
Idaho Alfalfa & Clover Seed Growers Association Food
Producers of Idaho
Idaho Weed Control Association Nezperce
Prairie Grass Growers Assoc.
Idaho Hay and Forage Association Far
West Agribusiness Association
Northwest Farm Credit Services Idaho
Honey Industry Association
Wilder Farm Labor Association Roger
Batt: Idaho
Grape Growers and Wine Producers
Idaho Eastern Oregon Seed Association Idaho
Mint Growers Association
Coalition for Agriculture’s Future Idaho
Ground Water Association
Ringert Law Nampa
& Meridian Irrigation District COOPERATIVES:
This legislation was
introduced in the final week of the session and dealt with the Idaho
Competition Act. The
legislation was directly tied to the identity of cooperatives being in
compliance with the 1922 Capper-Volstead Act. The
legislation was driven by an Eastern Idaho potato grower’s lawsuit where
a judge had ruled that the cooperative formed by the growers was not a
recognized cooperative under the Idaho Competition Act. S1199
passed the House and Senate and was signed into law by the Governor. The
Idaho Cooperative Council, Inc. has agreed to work with legal counsel in
the coming year to clarify any necessary areas of the Idaho Cooperative
Marketing Act that need to be addressed related to agriculture
cooperatives. R
& E BUDGET: S1169
addressed flat line funding for the 2012 fiscal year for the U of I
Research/Extension system. Over
the past five years the College of Agricultural and Life Sciences has lost
over $5 million in state dollars. This
has impacted the survival of the 13 R and E Centers around the state and
greatly impacted faculty and staff related to the U of I. Industry
mounted a concentrated effort to maintain a flat line budget request for
FY2012. While many state
agencies suffered double-digit reductions to meet the requirement of a
balanced state budget, the U of I CALS budget did remain solid. IMMIGRATION
REFORM: Early
indicators were that the 2011 session would address the issue NPDES
PERMITS: The
judge’s ruling that restrictions would be placed on use of chemicals
around bodies of water placed a stay that would have greatly limited
industry’s ability to tackle weeds and insects near water. Just
prior to water entering the canals and rivers of Idaho this spring, the
stay was lifted until October 31, 2011 allowing for the use of approved
chemicals for this growing season. Efforts
continue by many national farm and ag groups to address this issue in
committee hearings in Washington, DC. RIGHT TO FARM ACT: The Right to Farm Legislation (H210) strengthened Idaho’s Right to Farm Act by protecting Agricultural Activities (Operations), Agricultural Facilities and Expansions of either from nuisance actions by members of the public. The Right to Farm Act has a 30-year history in Idaho with changing conditions associated with Urbanization and development. More agricultural producers are hearing folks moving into rural areas of Idaho complain about the dust, noise, pesticide use, odor, and light associated with a farming operation. These producers are concerned about the future of their agricultural operations and the future of agriculture in Idaho. The old Right to Farm Act only protected agricultural operations broadly defined as facilities to produce something from nuisance actions. The old Right to Farm Act did not protect the actual “activity” associated with farming (e.g. tillage of soil, application of pesticides, harvest of crops, transportation of commodities, processing packaging, etc.) A very thorough study of all 49 other Right to Farm Acts across the U.S. was conducted to gain the best language possible to enhance Idaho’s Right to Farm Act. Included is the protection of our agricultural producers and operations from nuisance actions in the future as long as these operations are complying with local, state and federal laws and generally recognized farming practices. LAND USE PLANNING: Nuisance actions are often the result of improper planning and zoning within a county or municipality. When researching the Local Land Use Planning Act, it was found that agriculture was not considered a land use under the act, nor was it listed as a component in a comprehensive plan under the act. H148 ensures agriculture is listed as a land use and a component of a comprehensive plan. That means when a county adopts a comprehensive plan, the role of agriculture has to be considered, coupled with an analysis of the agricultural base of that particular county. The second part of H148 requires when zoning ordinances are adopted that they are consistent with the adopted policies and goals of the comprehensive plan. With agriculture being considered due to the passage of H148, if a county adopts a comprehensive plan stating that an analysis of agriculture’s base and operations has to be considered when development occurs (as to not impact that operation), then the zoning ordinance has to also be adopted that same way. This is much different than the way things are currently done with land use planning now where you see subdivisions going next to dairies and “spot zoning” taking place next to current farming operations. CROP RESIDUE: This legislation (H40) is based on negotiated rulemaking between Idaho’s mint industry and DEQ regarding propane flaming of mint. This legislation codifies the agreement reached in rulemaking where those who wish to flame their mint fields using a propane flaming device can do so without registering their fields or paying the fee under the Crop Residue Disposal Program with IDEQ. Growers are not allowed to burn more than 550 pounds/acre. IDAHO
WINE ACT: S1114
assists Idaho’s Grape and Wine Industry by removing wine from being
considered liquor under the Liquor Act (archaic language put into Statute
in 1971). The legislation also
codifies a gentleman’s agreement with the State Liquor Division which
states if the division continues to voluntarily purchase table wines
(wines not to exceed 16% alcohol by volume), then it must purchase table
wines manufactured in Idaho. This
creates a “Buy Idaho” theme for Idaho’s burgeoning wine industry. EMINENT
DOMAIN: This
session saw two proposals put forward that would have limited the scope of
eminent domain in Idaho. One
bill specifically addressed limiting a municipality from invoking eminent
domain for limited transportation corridors that are not critical to the
greater public good. In other
words, eminent domain would not be used for trails, bike paths, walking
paths, greenways, other alternate or limited-use transportation corridors
except where they are adjoining or adjacent to existing highways, roads,
streets, permitted bridges, toll roads, byroads, plank and turnpike roads.
The second proposal, dealing
with eminent domain and power lines, addressed concerns with merchant
transmission lines passing through Idaho without supplying power to
Idahoans. The proactive bill
would have required that the use of eminent domain regarding power
transmission directly serve the interests of the residents of Idaho. The
legislation did not affect cooperatives, Idaho Power, Rocky Mountain Power
or most municipalities. Both
proposals did not make it to the Governor’s desk but can be expected to
be addressed again in some shape or form in 2012. SIF:
These amendments to the Seed Indemnity Fund Law H39 will require
payment to seed producers within 90 days of sale unless other terms are
agreed to in writing. The
legislation also authorizes payment of claims made on the Seed Indemnity
Fund no later than two years after the date of sale of any seed for lawn,
turf, land reclamation, or restoration purposes. ALFALFA
COMMISSION:
The legislation adjusting existing law relating to the Alfalfa and
Clover Seed Commission (H151) passed unanimously and has been signed into
law. The bill removes the
commission from the Department of Agriculture and relocates the commission
to the department of self-governing agencies. In addition, removes
original language that established commission terms in creating the
commission and streamlines and simplifies the Governor appointment of
commissioners. The changes take effect on July 1, 2011. DYED
FUEL: H161
was pulled and did not receive a committee hearing during the 2011
Legislative Session. Rep Bill
Killen (Boise) brought the legislation addressing payment of diesel fuel
tax upfront, then using records to support a request for a refund. A
similar law was in place approximately 20 years ago and then removed.
The thought process behind the bill was that an estimated $4–$16
million may be generated by those who fail to maintain the proper records
and are audited or do not request their refunds.
We felt this legislation was simply a tax on those who were
unwilling to spend the time and resources to comply with an extra level of
government red tape. The
proposal for H161 surfaced at a meeting of the Governor’s Task Force on
Transportation last summer. The
state currently collects $70 million per year on diesel sales. WATER
ISSUES: As
is consistently the case, a number of water issues were addressed this
legislative session. Anti-degradation
legislation arranged compliance with a portion of the Clean Water Act and
provided that the Department of Environmental Quality may presume certain
discharges are insignificant or that certain pollution controls are the
least degrading alternative if supported by the permit documentation. This
legislation had the full support of Food Producers of Idaho and industry
and had been worked on at length to ensure that compliance will have the
minimal effects on agriculture. Other
legislation that made its way to the Governor was an amendment to existing
law relating to the alteration of channels of streams to provide that, in
specified situations, no permit shall be required by the state or any
agency or political subdivision thereof from a water user or his agent. This
legislation ensures that the supremacy of the state in matters of water
diversion is maintained, without additional local regulation or red-tape
from counties or local municipalities. LEGISLATORS:
As we began this two-year
cycle with legislators, it was positive to see new legislators who
understand agriculture or are at least willing to discuss issues and be
educated. With the close of
the 2011 session, all eyes have turned towards reapportionment
this summer and fall with a completed report in September and finalized
before March 2012. Subsequent
to the already released 2011 Census, the Commission on Reapportionment
will consist of six non-legislator citizens, appointed by three (3)
Republicans and three (3) Democrats around June 1, 2011. Idaho
will see a shift increasing suburban representation and decreasing rural
representation which will make it even more important to develop
relationships and educate our legislature. Looking
forward to the 2012 Session, the House
Agricultural Affairs Chairman Rep.
Tom
Trial (R-Moscow) has been replaced by Rep.
Ken Andrus (R-Lava Hot Springs). In the opinion of House Leadership Rep.
Trail had failed
to support leadership on numerous occasions. Rep. Trail is serving his 8th
term in the Idaho Legislature. There is also a possibility that there
could be a change in the Senate Ag Affairs Committee because Chairman Tim
Corder (R-Mt. Home) has taken a position against education reform (a major
issue in the 2011 legislature – with the passage of three bills) and has
recently been very vocal about it. Volume
of Legislation: During
the 2011 Legislative session, 827 proposed pieces of legislation were
prepared for legislative committees and individual legislators. From
that initial group of draft proposals, 565 bills were actually
introduced, along with another 55 resolutions, memorials and
proclamations. By the end of
the session, 336 bills had been passed. After
final legislative action and following the Governor’s review, 335
introduced bills became law, with the majority of the new laws to become
effective July 1, 2011. One
bill was vetoed on April 20, 2011.
CLOSING:
We hope you have found the
communication related to legislative issues complete and valuable to
understanding what was happening in Boise January–April. Our
weekly Capitol Review is
designed to inform you each week about issues that impact the agriculture
industry and special events and people involved with these issues. If
you have specific questions related to legislation discussed in this
report or between legislative sessions, please do not hesitate to contact
our office. We
can be reached at:
Office phone:
208/888-0988
Rick’s email:
rick@amgidaho.com
Roger’s email
roger@amgidaho.com
Benjamin’s email
benjamin@amgidaho.com Feel free to visit our website at www.amgidaho.com to learn more about our services and the clients we serve at Association Management Group.
Idaho Legislative Contacts
Visit the Idaho Legislature webpage for information about the current legislative session and to find contact information for your local legislators.
View the Food Producers of Idaho website to stay current with specific legislation being followed by the membership of Food Producers.
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