AMG Capitol Review - January 27, 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).

 

  • Baled agricultural residue refers to bales that are broken, mildewed, diseased or otherwise pest-ridden still remaining in the field where they were generated.

  • Spot burns include an area to be burned that is not definable and predictable. The open burning of small weed patches, spots of heavy residue, equipment plugs and dumps and the pivot corners of fields constitute spot burns.

  • Blanching is the use of flame-generating equipment to briefly apply flame and/or heat
    to the topsoil of a cultivated field of a pre-emerged or plowed-under field with less than 30% or 550 lbs of residue per acre in order to control diseases, insects, pests and weed emergence.

The requirements to apply for a spot burn permit would be a nonrefundable fee of $20 paid to DEQ as an administration fee. The registration information provided for a crop residue burn permit will also be required for a spot burn permit. The permit will be valid for the calendar year in which it is issued and is good for a cumulative total of no more than ten (10) acres of small spots and/or baled agricultural residue during the year and no more than one (1) acre of small spots or baled agricultural residue per day. Two (2) tons of baled agricultural residue is assumed to be equal to one (1) acre.

 

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.

Standard Hay Contract (pdf)

 

 

IDAHO HAY AND FORAGE ASSOCIATION

DON HALE – HALL OF FAME AWARD

 

The Idaho Hay and Forage Association has established a new award:  the Don Hale IHFA Hall of Fame Award.  This award is presented in honor of Don Hale’s investment and dedication in creating a strong hay and forage organization in Idaho.  Don served as president of the IHFA more than once and for a number of years on the Board of Directors.

 

The charter inductee for the first year of presentation (2011) is Dr. Glenn Shewmaker of the University of Idaho.

 

 

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
of immigration.  Rumors were that Idaho lawmakers would carefully examine how the Arizona law might work in Idaho and continue efforts to address the labor issues related to a migrant labor force in Idaho.  While Congress has not made progress on this issue, there was no action in the 2011 Session to address any of the issues that had been discussed earlier as potential solutions
to some of the immigration challenges.  Industry has continued to dialogue with the Idaho Congressional delegation on this issue; holding strong to the position that this is a federal issue that needs to be addressed at the Congressional level.

 

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.