It’s Martin Luther King Jr. Day, so hopefully you’re having fun in the snow or volunteering in some way, but the Legislature is still in session. As always, ICL is on the scene, working to keep an eye on the comings and goings in the statehouse.
The Idaho Legislature wrapped up its first full week of work. Truth is, not a lot happened other than the Governor’s State of the State address and the release of his budget. A handful of social-hot button bills were introduced related to schools, libraries, and abortion, but most committees didn’t meet and legislators are still settling in. There’s a lot of chatter in the hallways though, and things are sure to heat up in the coming weeks.
One bill that did catch our eye was introduced in the Senate Transportation Committee on Thursday from Sen. Scott Herndon (R-Sagle). Now, we don’t always see eye to eye with him, but in this case the bill appears intended to safeguard roads and trails that provide access to state and federally-administered public lands in Idaho. That’s something ICL strongly supports, so we’re taking a closer look, so stay tuned as the bill moves down the road.
We’re also expecting further attacks on the citizen initiative and referendum process, much like ones we saw in 2019, 2021, and 2023…GOP Chair Dorothy Moon went so far as to say that she’d be ok if the initiative process was eliminated altogether.
Attacking climate change (not in a good way)
For years, the #IdLeg has ignored the science, and clear reality of climate change—despite the fact that 2023 was officially the hottest year ever recorded, and that the topic is dominating boardrooms and meetings at the highest level of governments. We’re hearing that we’ll see another round of attack on investment-related Environmental, Social, and Governance (ESG) standards (what is ESG?). Last year two bills seeking to undermine ESG were passed, while the third and most troubling bill was stymied by the Senate. Across the country more than 156 anti-ESG measures were considered and 22 were enacted.
We’re also hearing more and more about opposition to the newest conservation-related acronym on the crosshairs: NACs. Natural Asset Corporations were proposed for listing on the New York Stock Exchange (NYSE) last year, and the Securities and Exchange Commission is considering a rule related to them. In November, Senators Mike Crapo and Jim Risch weighed in, and last week both Rep. Russ Fulcher and Attorney General Raùl Labrador added their two cents as well. Among other things, opponents are attempting to conflate NACs with the BLM Public Lands Rule, which would allow conservation leases (spoiler alert: they’re unrelated to NACs). Others suggest it’s an effort to privatize public lands, which ironically is something that many of the opponents of NACs have advocated for years.
Here’s a good synopsis on what NACs are, and what they aren’t.
Finally, as more and more renewable energy projects are being proposed in response to the low cost of wind and solar power, the legislature appears primed to establish some minimum standards for these projects. Consistency is a good thing, and we’ve long called for siting standards for beef and dairy feedlots, mines, and industrial facilities. ICL will review the bill once it surfaces.
It points to a disturbing trend that denying climate change is no longer enough for the Idaho Legislature. Now it appears some want to undermine efforts to address this critical issue.
There’s never been a better time to be an #IdLeg watcher
One of the bright sides of the COVID-19 pandemic was that it ushered in the opportunity for remote testimony. Face it, getting to Boise from Bonners Ferry or Bear Lake isn’t easy in January. Using zoom, citizens from around the state can now call in to testify from the comfort of their living rooms, or tractor (yes, it happened). Click on the “Register to Testify” link at the bottom of the House or Senate committee agendas, and you’ll receive a link to join in the conversation. After all, it’s not called the People’s House for nothing. Get in there and say your piece (respectfully).
Even if you don’t want to testify, you can still tune in and watch the hearings via Idaho Public Television’s Idaho in Session page. (Check the committee agendas for the meeting time and room number).
You can also track each and every bill here. (Note: sometimes it takes a day or two to post the text of a bill.)
Finally, the fourth estate (aka the media), is a critical resource during the session. A few sources that ICL relies upon: Idaho Capital Sun, Idaho Reports, Eye on Boise, James Dawson (sign up for his weekly Boise State Public Radio newsletter), and one of the longest-serving #IdLeg watchers, Randy Stapilus.
The rules rule
At the beginning of each session, the legislature considers Administrative Rules. These rules direct how state laws are implemented by agencies, and have the force of law. They cover everything from hunting and fishing seasons to nail salons, dairy waste, education standards, and everything in between. Rules are considered by germane committees in both chambers, and can generally only be rejected if both the House and Senate concur.
In years past, the Idaho House of Representatives has refused to play nice and demanded veto power over rules they didn’t like. The Senate didn’t blink, and thousands of pages of rules expired, forcing the Governor and his agencies to step in to fill the gap, restoring all rules as temporary and submitting the full 6,000 page rulebook to the legislature for consideration during the next session. Last year, the Senate did finally give in to the House’s demands, and passed a bill that requires both the House and Senate to agree before a rule is formally approved.
And while they approved most rules last year, they failed to take action on some related to high school sports. In response, the Idaho Athletic Association filed suit, because they have no rules to operate under. If you’re confused, you’re not the only one. Ultimately, the outcome of this case could impact how rules are considered in the future.
In the meantime, the #IdLeg will start their review of rules next week, and ICL will be watching closely for several related to water quality, mining, wildlife, and public lands…among others.
Tie of the week!
Up to this week, many of Idaho’s ski resorts were struggling with minimal snow. That could spell problems for farmers, fish, and boaters as well. Over the weekend, much of the state was hammered by a big dump of snow, and there’s more on the horizon. So, whether you like to strap on skis, a board, snowshoes, or if you just like to sip your cocoa by a cozy fire, this tie’s for you!
Until next week…Esto Perpetua,
Jonathan