Capitol Reflections: 2025 Session, Issue 13

By: Idaho Farm Bureau Governmental Affairs

“The truth is that all men having power ought to be distrusted to a certain degree.”  - James Madison

Capitol Minute

To help our members be fully informed about the issues going on during the legislative session, there will be a short video each week in which our Governmental Affairs team highlights what is discussed in length in the Capitol Reflections Newsletter. We strongly encourage members to continue reading the newsletter to get the most information, but this video will help when you want a quick synopsis or to learn about the issues on the go.

Senate Passes H445 to Strengthen Idaho’s Water Infrastructure

This week, the Senate passed H445, allocating $30 million in ongoing funding to support critical water infrastructure projects across the state. Administered through the Idaho Water Resource Board’s Water Management Account, this funding will aid in:

• Aquifer recharge – Replenishing groundwater supplies.
• Groundwater management – Implementing strategies to sustain water levels.
• Water storage and conveyance improvements – Upgrading reservoirs and canal systems.
• Water supply and delivery enhancements – Ensuring reliable access for communities and industries.
• Emergency infrastructure repairs – Addressing urgent system failures and natural disaster impacts.

In its first year, the entire $30 million will be dedicated to addressing challenges in the Eastern Snake Plain Aquifer, serving eastern Idaho and the Magic Valley. In subsequent years, funding per water board district will be capped at 50% unless no competing applications exist, ensuring balanced statewide support.

The Idaho Farm Bureau Federation (IFBF) strongly supports H445, recognizing the vital role of state investment in water management. With an expanding list of eligible water projects, H445 ensures proactive water resource management while addressing urgent infrastructure needs. IFBF appreciates the Senate’s support and looks forward to seeing these investments put to work for the benefit of Idaho’s water future.

H445 was previously passed by the House and now moves to the Governor to await his signature. IFBF Supports H445.

Temporary Rules Reform Bill Dies

An effort to make some common-sense improvements to the temporary rules process has met an agonizing death this week.

S1076a was a great bill which would have accomplished a number of important reforms such as:

1. Clarifying that negotiated rulemaking should be used whenever feasible and temporary rules should only be used in very specific circumstances.
2. Narrowing the circumstances under which temporary rules are allowed to primarily emergency situations.
3. Requiring the Governor to publish a notice explaining the need for the temporary rule, ensuring he is aware of the proposed temporary rule so agencies are not enacting temporary rules on their own.
4. Requiring temporary rules to be subject to a legislative request for a cost/benefit analysis just like other rules.
5. Prohibiting a new temporary rule that is the same, or substantially similar to an expired temporary rule, except under certain narrowly tailored circumstances.
6. Clarifying that an aggrieved party may seek relief through state courts just as they can with other types of rules.

S1076 was approved unanimously in the Senate on February 28, but the House was slow to take it up. After several weeks of languishing, it finally received a hearing on March 26, but was sent to the amending order. While there, another bill, H217, was added into S1076, which then passed the House on March 31 by a vote of 62-8. 

H217 was another rules reform bill that was held in committee earlier in the session. It proposed changing the current process of reviewing all rules on an eight-year rotational basis to all rules expiring on an eight-year rotational basis. 

During the hearing for H217, IACI and Simplot worried that the legislature may not re-approve expiring rules that are necessary for Idaho to retain primacy over federal pollution control and other programs. If those rules are not re-authorized and allowed to expire, it was argued that Idaho would lose primacy over these federal programs and the state would then be subject to the regulatory oversight of EPA. Based upon this testimony, the House State Affairs Committee held H217 in committee. 

Following this defeat, key House legislators believed they could get two bills passed in one bill. They decided to insert the entire text of H217 into S1076 as an amendment, with one modification. Additional text was included clarifying any rules pertaining to state primacy over federal programs would not automatically expire.  

The amended S1076a was then sent back to the Senate for concurrence with the amendments. As feared, the Senate did not appreciate the addition of an entire new and unrelated process to the bill, so they refused to concur with the amendment. S1076a is now dead for this year.

That is the sad and sordid tale of how a bill that was very popular and passed overwhelmingly in both chambers was killed. It is always a risk that the other body may not agree with the amendments. It is important to remember the old adage that a bird in the hand is worth two in the bush. We have been assured that S1076 will be introduced early next session and sent through in a clean form so it can pass quickly. IFBF supported S1076.

Bills During the 2025 Session

Below is a description of several bills that Farm Bureau followed during this legislative session:

H14 – Idaho Code Cleanup Act: requires state agencies to review their laws and remove anything unnecessary, outdated, or obsolete. IFBF Supported. LAW.

H40 – Taxation, income, metals, military: exempts certain precious metals from capital gains tax, lowers the income tax rate from 5.695% to 5.3%, and exempts certain military retirement benefits from income taxation. IFBF Supported. LAW.

H82 – Livestock depredation claims: amends existing law to provide for the payment of state funds to livestock producers on losses that are deemed “possible” depredations. IFBF Supported. LAW.

H104 – Agricultural buildings: creates a single definition for "Agricultural Buildings" across all local jurisdictions. IFBF Supported. LAW.

H106 – County fair boards: repeals a law which allows county commissioners in counties with population exceeding 200,000 to designate the county fair board as an advisory body. IFBF Supported. Held in Senate Local Government & Taxation.

H129 – Land Bank Fund Proceeds: increases the time the Land Board has to re-invest the proceeds from the sale of land from five years to ten years. IFBF Opposed. Held in the Senate.

H148 – Private Counsel, Constitutional Defense Fund: provides a mechanism for Idaho citizens who are being sued by the federal government over grazing or water rights related issues to petition the Idaho Constitutional Defense Counsil for assistance in defending the lawsuit. IFBF Supported. Awaiting Governor’s Signature.   

H297 – Idaho guest worker program act: creates a state-based, year-round agricultural guest worker program. IFBF Supported. Held in House Agricultural Affairs.

H302 – Wildlife, relocation, testing: requires notification of a proposed transplant or relocation of wildlife and approval from a board of county commissioners if a hearing is requested. Also requires testing of certain animals, including wolves. IFBF Supported. Held in House Resources & Conservation.

H304 – Property tax relief: provides $100 million of additional property tax relief every year starting in 2025. IFBF Supported. LAW.

H317 – Commercial wind turbines, taxes: proposes an excise tax of $25,000 per foot of height on any new commercial windmills. Would be imposed on otherwise legal wind turbines installed on private property. IFBF Opposed. Held in House Revenue and Taxation Committee.

H387 – Windmill bonding: requires wind turbine sites in Idaho are properly decommissioned at the end of their useful life or upon abandonment. Would be imposed on otherwise legal wind turbines installed on private land. IFBF Opposed. Held in the House.

H389 – Uncontrolled Fires: states that any range or forest fire burning on any land within Idaho is declared a public nuisance. Allows the Governor to declare an emergency exists threatening health, safety, welfare and property directing state resources to immediately extinguish such a fire on federal land. Directs the Idaho Attorney General to recover costs in a civil action. IFBF Supported. LAW.

H395a – Public Utilities: provides that entities which need more than 30 megawatts of power from a utility must pay the full cost of the infrastructure required to service the facility and may contract with any provider for the energy required. IFBF Supported. Held in Senate State Affairs.

H445 – Approp, water resources, add’l: allocates $30 million in ongoing funding for critical water infrastructure projects across Idaho. IFBF Supported. LAW.

HJM4 – Grizzly bears, delisting: calls upon the federal government to delist grizzly bears and review the Endangered Species Act for legality and effectiveness. IFBF Supported. ADOPTED.

HJM6 – Equal access to justice act: calls on Congress to re-evaluate the effectiveness of the Equal Access to Justice Act for environmental and natural resource matters. IFBF Supported. ADOPTED.  

HJR4 – Narcotics, Legislature Authority: proposes a state constitutional amendment stating only the Legislature can legalize marijuana, narcotics, or other psychoactive substances. IFBF Supported. ADOPTED.  

S1011 – Winter feeding advisory committees: requires an agricultural producer to sit on district winter feeding advisory committees and that all members reside in the district. IFBF Supported. LAW.

S1012 – Depredating Wildlife Appeals Board: creates an appeals process for producers who don’t believe their livestock depredation was graded accurately. IFBF Supported. LAW.

S1013 – Fish and game, trapping education: consolidates hunter and trapping education requirements, adding instruction on trespassing and property tampering laws. Also allows individuals to trap under a licensed guide without prior certification. IFBF Supported. LAW.

S1016 – Brands, fees: adjusts statutory fee caps, adds language clarifying the Brand Board's ability and process of regulating fees under the statutory caps, and allows the Board to retain interest accrued on the dedicated State Brand Board Account. IFBF Supported. LAW.

S1033 – Agriculture, nuisance complaints: provides that if a lawsuit alleging nuisance is filed against a lawfully conducted operation and the producer prevails, they are entitled to recover their attorney's fees. Provides fines and penalties for filing multiple meritless complaints with applicable state and local agencies. IFBF Supported. LAW.

S1053 – Fences: codifies longstanding case law that private landowners are responsible for building and maintaining fences bordering federal land when the landowner wants to prevent livestock from entering their land. IFBF Supported. Held  in the House.

S1076a – Temporary rules: places some process parameters, additional guidelines, and reporting requirements when temporary rules are employed by state agencies. IFBF Supported. Senate did not concur in House Amendments.

S1083a – Domestic water use: modifies law by allowing shared wells for in-home use, restricting exemptions in certain groundwater areas, streamlining compliance, and ensuring municipal-area wells align with local systems and prioritize surface water for irrigation. IFBF Supported. LAW.

S1086 – Landowner rules, trespass: clarifies that violating posted terms for recreational land use constitutes criminal trespass with the same penalties. IFBF Supported. Held in House Resources and Conservation.

S1133a – Agricultural protection areas: refines Agricultural Protection Areas by streamlining the county approval process, clarifying zoning impacts, and creating an APA map for better planning. IFBF Supported. LAW.

SJM101 – Water storage: urges the federal and state government to develop additional water storage including the potential reconstruction of the Teton Dam. IFBF Supported. ADOPTED.

SJM104 – Camas national wildlife refuge: requests an expedited permitting process to clean Camas Creek and a transfer of the ownership of the Camas National Wildlife Refuge to the state. IFBF Supported. ADOPTED.

------------------------------------------------------------------------------------

Resources Available to Follow During Session:

Legislative Website Homepage: HERE

2025 Legislative Session Bill Center: HERE

List of Senate Committee Assignments: HERE

List of House Committee Assignments: HERE

Current Senate Committee Agendas: HERE

Current House Committee Agendas: HERE

Watch Committee Meetings and Floor Sessions Live: HERE

Governor’s Bill Action and Legislative Communications: HERE