CAFO Improvement Fund H559 replaces H466  to make a fund available to support investments in environmental projects on CAFOs to improve livestock byproduct, waste, nutrient and water management, its land application and storage systems.  Currently, the Agricultural Best Management Practices (BMP) Fund, I.C. 39-3628A, supports investments in farm and ranch projects that improve water quality standards in impaired water bodies in Idaho.  Confined animal feeding operations (CAFOs) are not eligible for these projects because CAFOs do not directly discharge to water bodies.  This legislation would make CAFO’s eligible for funds to improve their nutrient management and establish a board which awards grant for the fund that currently is proposed by the governor to be $5 million.  H559 establishes a committee to review and award grants.  The legislation also clearly outlines criteria for the committee to use while selecting recipients of the grants.  H559 is on the third reading calendar awaiting a vote by the full House of Representatives. 

Stopping, inspection, exception S1267 would clarify Idaho Transportation Department stopping and inspection authority at check stations (ports of entry, weigh stations, and temporary check stations) by exempting non-commercial vehicles under 26,000lbs.  This law change would more accurately reflect current practice, however ICA brought up concerns about the need to be able to stop all trailers in the event of animal disease outbreaks, ongoing theft investigations, and training or routine checks.  Therefore, at the request of the livestock industry, language was added in this legislation to better enable a state-owned inspection station to require all trailers to stop at stations when requested to address our needs.  S1267 passed the Senate Transportation committee last week.

State lands, exchange S1251 defines responsibilities of the Land Board when contemplating land exchanges with the federal government, and it provides for continuation of existing land uses subsequent to exchanges as approved by the Land Board. Upon land exchanges and transfer from federal to state ground, this legislation would ultimately require a permit be issued by the state instead of a lease so that it is consistent with the federal grazing preference.  It would therefore, take said land out of the state’s subsequent competitive bid process.  ICA has not taken a position  on this legislation, primarily due to the question of whether or not the language is constitutional. We are awaiting further legal analysis on this bill. 

Taylor Grazing Act S1252 attempts to define grazing preference rights to clarify that grazing preferences are compensable property rights.  Additionally, require for compensation for any lost preference as a taking of real property if there is a sale, exchange, or otherwise disposed of and conveyed to the state of state grazing lease/land.  S1252  provides more of an opinion piece that many not be able to accomplish its intent.  However, S1252 could strengthen a plaintiff’s claim of takings because the state can define what constitutes a state property right.  ICA has not taken a position  on this legislation primarily due to the question of legal requisite.

Stockwater H608 further clarifies the procedure to be used by the State of Idaho prior to an order declaring certain stockwater rights to be forfeited under I.C. Sec. 42-222 for failure to put the rights to beneficial use.  H608 outlines the judicial process and provides a timeline to execute it under.  The legislation was printed last Friday but anticipates a hearing this week.

Department of Lands Ombudsman H587 would create a new Ombudsman position to the Idaho Department appointed by the governor to ensure new department hires have significant industry experience, provide instructions to appraisers, and select, hire, and oversee legal counsel and industry experts on behalf of the department.