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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1243
BY
AGRICULTURAL
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
ONEPLAN;
PROVIDING
LEGISLATIVE
INTENT;
AMENDING
SEC
-
2
TION
22
-
2717,
IDAHO
CODE,
TO
REMOVE
A
REFERENCE
TO
THE
IDAHO
ONEPLAN;
3
AMENDING
SECTION
22
-
2718,
IDAHO
CODE,
TO
REMOVE
A
PROVISION
REGARDING
4
THE
IDAHO
ONEPLAN;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFEC
-
5
TIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
IDAHO
CODE
CLEANUP
-
-
LEGISLATIVE
INTENT.
It
is
the
intent
8
of
the
Legislature
to
ensure
that
the
state
laws
provided
in
Idaho
Code
are
9
streamlined,
up
-
to
-
date,
and
essential
for
the
citizens
of
Idaho,
while
best
10
serving
the
public
health,
safety,
and
welfare.
In
accordance
with
the
Idaho
1
1
Code
Cleanup
Act,
following
comprehensive
review,
the
Legislature
has
iden
-
12
tified
the
provisions
of
this
act
as
obsolete,
outdated,
or
unnecessary.
13
SECTION
2.
That
Section
22
-
2717,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
22
-
2717.
DEFINITIONS.
Whenever
used
or
referred
to
in
this
chapter,
16
unless
a
different
meaning
clearly
appears
from
the
context:
17
(1)
"Administrator"
means
the
administrator
for
the
Idaho
state
soil
18
and
water
conservation
commission.
19
(2)
"Agency"
includes
the
government
of
this
state
and
any
subdivision,
20
agency,
or
instrumentality,
corporate
or
otherwise,
of
the
government
of
21
this
state.
22
(3)
"Agricultural
pollution
abatement
plan"
or
"ag
plan"
means
the
23
document
developed
by
the
state
soil
and
water
conservation
commission
and
24
approved
by
the
commission
and
the
department
of
environmental
quality,
25
that
provides
appropriate
technical,
programmatic,
informational
and
ed
-
26
ucational
processes,
guidelines
and
policies
for
addressing
agricultural
27
pollution.
28
(4)
"Best
management
practices"
or
"BMPs"
means
practices,
techniques,
29
or
measures
developed
or
identified
by
the
designated
agency
and
identified
30
in
the
state
water
quality
management
plan
which
are
determined
to
be
a
cost
-
31
effective
and
practicable
means
of
preventing
or
reducing
pollutants
gener
-
32
ated
from
nonpoint
sources
to
a
level
compatible
with
water
quality
goals.
33
(5)
"Commission"
or
"state
soil
and
water
conservation
commission"
34
means
the
agency
created
in
section
22
-
2718,
Idaho
Code.
35
(6)
"Conservation
plan"
means
a
description
of
identified
natural
re
-
36
source
issues
and
a
specific
schedule
of
implementation
of
component
prac
-
37
tices
necessary
to
resolve
those
specific
resource
issues
as
agreed
upon
by
38
the
landowner.
39
(7)
"Designated
agency"
is
as
defined
in
section
39
-
3602,
Idaho
Code.
40
2
(8)
"District,"
"conservation
district,"
"soil
conservation
dis
-
1
trict,"
or
"soil
and
water
conservation
district"
means
a
governmental
2
subdivision(s)
of
this
state,
and
a
public
body
corporate
and
politic,
orga
-
3
nized
in
accordance
with
the
provisions
of
this
chapter,
for
the
purposes,
4
with
the
powers
and
subject
to
the
restrictions
hereinafter
set
forth.
5
(9)
"Due
notice"
means
notice
published
at
least
twice,
with
an
inter
-
6
val
of
at
least
seven
(7)
days
between
the
two
(2)
publication
dates,
in
a
7
newspaper
or
other
publication
of
general
circulation
within
the
appropri
-
8
ate
area,
or
if
no
such
publication
of
general
circulation
be
available,
by
9
posting
at
a
reasonable
number
of
conspicuous
places
within
the
appropri
-
10
ate
area,
such
posting
to
include,
where
possible,
posting
at
public
places
1
1
where
it
may
be
customary
to
post
notices
concerning
county
or
municipal
af
-
12
fairs
generally.
At
any
hearing
held
pursuant
to
such
notice,
at
the
time
and
13
place
designated
in
such
notice,
adjournment
may
be
made
from
time
to
time
14
without
the
necessity
of
renewing
such
notice
for
such
adjournment
dates.
15
(10)
"Eligible
applicant"
means
an
individual
agricultural
owner,
op
-
16
erator,
partnership,
corporation,
conservation
district,
irrigation
dis
-
17
trict,
canal
company
or
other
agricultural
or
grazing
interest.
18
(11)
"Government"
or
"governmental"
includes
the
government
of
this
19
state,
the
government
of
the
United
States,
and
any
subdivisions,
agency,
or
20
instrumentality,
corporate
or
otherwise,
of
either
of
them.
21
(12)
"Idaho
OnePlan"
means
a
computer
-
based
system
for
improving
effi
-
22
ciency
and
effectiveness
of
natural
resource
planning
by
landowners
and
land
23
users.
24
(13)
(12)
"Landowner"
or
"owner"
includes
any
person,
firm,
or
corpora
-
25
tion
who
shall
hold
title
to
any
lands
lying
within
a
district
organized
un
-
26
der
the
provisions
of
this
chapter.
A
buyer
on
contract,
who
is
the
occupier
27
of
land,
shall
be
construed
as
landowner.
28
(14)
(13)
"Land
user"
means
any
entity
with
a
lease,
permit
or
similar
29
business
agreement
with
a
landowner
to
implement,
manage
or
utilize
such
30
land
for
activities
related
to
use
of
the
land.
31
(15)
(14)
"Natural
resources
conservation
service"
or
"NRCS"
means
the
32
agency
governed
by
the
provisions
of
16
U.S.C.
sections
590a
through
590d
and
33
590f.
34
(16)
(15)
"Nominating
petition"
means
a
petition
filed
under
the
provi
-
35
sions
of
section
22
-
2721,
Idaho
Code,
to
nominate
candidates
for
the
office
36
of
supervisor
of
a
soil
conservation
district.
37
(17)
(16)
"Participant"
means
an
individual
agricultural
owner,
opera
-
38
tor,
partnership,
private
corporation,
conservation
district,
irrigation
39
district,
canal
company,
or
other
agricultural
or
grazing
interest
approved
40
by
the
commission
or
an
individual
agricultural
owner,
operator,
partner
-
41
ship,
or
private
corporation
approved
for
implementation
of
conservation
42
improvements,
projects,
or
the
water
quality
program
for
agriculture.
43
(18)
(17)
"Project
sponsor"
means
a
conservation
district,
irrigation
44
district,
canal
company,
or
other
agricultural
or
grazing
interest,
as
de
-
45
termined
appropriate
by
the
commission,
that
enters
into
a
conservation
im
-
46
provement
or
water
quality
project
agreement
with
the
commission.
47
(19)
(18)
"Qualified
elector"
means
any
person
who
is
qualified
to
vote
48
pursuant
to
the
requirements
of
section
34
-
104,
Idaho
Code.
49
3
(20)
(19)
"Riparian
land"
means
the
beds
of
streams,
the
adjacent
vege
-
1
tation
communities
and
the
land
thereunder,
which
are
predominately
influ
-
2
enced
by
their
association
with
water
and
are
privately
owned.
3
(21)
(20)
"Specifications"
means
the
materials,
operations
and
proce
-
4
dures
necessary
to
obtain
the
desired
standards
of
construction
and
instal
-
5
lation.
6
(22)
(21)
"Standards"
means
the
minimum
limits
of
technical
excellence
7
of
a
component
practice
for
its
planning,
design
and
construction.
8
(23)
(22)
"State"
means
the
state
of
Idaho.
9
(24)
(23)
"Supervisor"
means
one
(1)
of
the
members
of
the
governing
10
body
of
a
district
elected
or
appointed
in
accordance
with
the
provisions
of
1
1
this
chapter.
12
(25)
(24)
"Total
maximum
daily
load"
is
as
defined
in
section
39
-
3602,
13
Idaho
Code.
14
(26)
(25)
"United
States"
or
"agencies
of
the
United
States"
includes
15
the
United
States
of
America,
the
natural
resources
conservation
service
of
16
the
United
States
department
of
agriculture,
and
any
other
agency
or
instru
-
17
mentality,
corporate
or
otherwise,
of
the
United
States
of
America.
18
SECTION
3.
That
Section
22
-
2718,
Idaho
Code,
be,
and
the
same
is
hereby
19
amended
to
read
as
follows:
20
22
-
2718.
IDAHO
STATE
SOIL
AND
WATER
CONSERVATION
COMMISSION.
(1)
21
There
is
hereby
established
and
created
in
the
department
of
agriculture
of
22
the
state
of
Idaho
the
Idaho
state
soil
and
water
conservation
commission
23
which
shall
perform
all
functions
conferred
upon
it
by
this
chapter
and
shall
24
be
a
nonregulatory
agency.
25
(a)
The
commission
shall
consist
of
seven
(7)
members
appointed
by
the
26
governor
from
divisions
of
the
Idaho
association
of
soil
conservation
27
districts
as
follows:
one
(1)
member
from
division
I,
one
(1)
member
28
from
division
II,
one
(1)
member
from
division
III,
one
(1)
member
from
29
division
IV,
one
(1)
member
from
division
V,
one
(1)
member
from
divi
-
30
sion
VI,
and
one
(1)
at
-
large
member
appointed
at
the
governor's
discre
-
31
tion.
32
(b)
Commission
members
shall
be
chosen
with
due
regard
to
their
demon
-
33
strated
expertise,
including
knowledge
of
conservation
districts
and
34
their
functions,
knowledge
of
production
agriculture,
knowledge
of
35
banking
or
other
similar
financial
experience,
or
experience
as
a
36
county
commissioner.
37
(c)
Commissioners
serving
on
July
1,
2022,
will
be
assigned
to
the
di
-
38
visions
that
they
would
represent.
On
July
1,
2022,
current
commission
-
39
ers,
at
the
will
of
the
governor,
will
be
reappointed
to
the
position
40
representing
the
divisions
in
which
they
live.
41
(d)
For
divisions
that
have
vacant
positions,
or
divisions
with
no
cur
-
42
rent
commissioner
residing
there,
the
division
shall
submit
a
list
of
43
up
to
three
(3)
names
for
each
open
commission
position.
The
governor
44
shall
appoint
commission
seats
from
the
list
submitted.
45
(e)
The
term
of
each
commissioner
shall
be
for
five
(5)
years,
with
the
46
ability
to
serve
two
(2)
terms;
except
that
on
July
1,
2022,
the
terms
of
47
each
commission
position
will
be
reset:
The
term
of
the
commissioners
48
from
districts
I
and
IV
will
be
set
for
two
(2)
years.
The
term
of
the
49
4
commissioners
from
districts
II
and
V
will
be
set
for
three
(3)
years.
1
The
term
of
the
commissioners
from
districts
III
and
VI
and
the
at
-
large
2
commissioner
will
be
set
for
four
(4)
years.
From
and
after
the
initial
3
appointment
or
reappointment,
commissioners
may
serve
two
(2)
full
4
terms
of
five
(5)
years,
in
addition
to
their
initial
appointment.
From
5
and
after
the
initial
appointment,
the
corresponding
division
shall
6
provide
the
list
of
three
(3)
names
to
the
governor
to
choose
from
on
or
7
before
July
1
of
each
year
with
a
vacancy.
8
(f)
Each
vacancy
on
the
commission
shall
be
filled
by
appointment
by
9
the
governor
following
the
guidelines
set
forth
in
this
subsection.
A
10
vacancy
that
occurs
in
an
unexpired
term
shall
also
be
filled
for
its
1
1
remainder
by
the
governor's
appointment
following
the
guidelines
set
12
forth
in
this
subsection.
Each
commissioner
appointed
to
fill
an
unex
-
13
pired
term
may
serve
the
length
of
the
unexpired
term
and
be
eligible
to
14
be
reappointed
for
an
additional
two
(2)
full
terms.
15
(g)
All
appointments
shall
be
confirmed
by
the
senate.
Commission
mem
-
16
bers
shall
serve
at
the
pleasure
of
the
governor.
The
commission
may
in
-
17
vite
the
state
conservationist
of
the
United
States
department
of
agri
-
18
culture
natural
resources
conservation
service,
the
dean
of
the
uni
-
19
versity
of
Idaho
college
of
agricultural
and
life
sciences
or
his
des
-
20
ignated
representative,
or
any
other
person
or
entities
the
commission
21
deems
appropriate
to
serve
as
nonvoting
advisory
members
of
the
commis
-
22
sion.
The
commission
shall
keep
a
record
of
its
official
actions,
shall
23
adopt
a
seal,
which
seal
shall
be
judicially
noticed,
and
may
perform
24
such
acts,
hold
such
public
hearings,
and
promulgate
such
rules
as
may
25
be
necessary
for
the
execution
of
its
functions
under
this
chapter.
26
(2)
The
state
soil
and
water
conservation
commission
shall
appoint
27
the
administrator
of
the
state
soil
and
water
conservation
commission.
The
28
state
soil
and
water
conservation
commission
may
employ
such
technical
ex
-
29
perts
and
such
other
agents
and
employees,
permanent
and
temporary,
as
it
30
may
require,
and
shall
determine
their
qualifications,
duties
and
compen
-
31
sation.
The
commission
may
call
upon
the
attorney
general
of
the
state
for
32
such
legal
services
as
it
may
require.
It
shall
have
authority
to
delegate
to
33
its
chairman,
to
one
(1)
or
more
of
its
members,
or
to
one
(1)
or
more
agents
34
or
employees,
such
powers
and
duties
as
it
may
deem
proper.
The
commission
35
may
establish
offices,
incur
expenses,
enter
into
contracts
and
acquire
36
services
and
personal
property
as
may
be
reasonable
for
the
proper
adminis
-
37
tration
and
enforcement
of
this
chapter.
Upon
request
of
the
commission,
for
38
the
purpose
of
carrying
out
any
of
its
functions,
the
supervising
officer
of
39
any
state
agency,
or
of
any
state
institution
of
learning,
shall
insofar
as
40
may
be
possible
under
available
appropriation,
and
having
due
regard
to
the
41
needs
of
the
agency
to
which
the
request
is
directed,
assign
or
detail
to
the
42
commission
members
of
the
staff
or
personnel
of
such
agency
or
institution
of
43
learning,
and
make
such
special
reports,
surveys
or
studies
as
the
commis
-
44
sion
may
request.
45
(3)
The
commission
shall
designate
its
chairman,
and
may
from
time
to
46
time,
change
such
designation.
A
majority
of
the
commission
shall
consti
-
47
tute
a
quorum
and
the
concurrency
of
a
majority
in
any
matter
within
their
48
duties
shall
be
required
for
its
determination.
The
chairman
and
members
of
49
the
commission
shall
be
compensated
as
provided
by
section
59
-
509(h),
Idaho
50
5
Code.
The
commission
shall
provide
for
the
execution
of
surety
bonds
for
1
all
employees
and
officers
who
shall
be
entrusted
with
funds
or
property;
2
shall
provide
for
the
keeping
of
a
full
and
accurate
record
of
all
proceed
-
3
ings
and
of
all
resolutions,
and
orders
issued
or
adopted;
and
shall
provide
4
for
a
periodic
management
review
of
the
accounts
of
receipts
and
disburse
-
5
ments
as
determined
by
the
legislative
auditor
pursuant
to
section
67
-
702,
6
Idaho
Code.
7
(4)
In
addition
to
the
duties
and
powers
hereinafter
conferred
upon
the
8
state
soil
and
water
conservation
commission,
it
shall
have
the
following
9
responsibilities:
10
(a)
To
offer
such
assistance
as
may
be
appropriate
to
the
supervisors
of
1
1
soil
conservation
districts
in
the
carrying
out
of
any
of
their
powers
12
and
programs.
13
(b)
To
keep
the
supervisors
of
each
of
the
several
soil
conservation
14
districts
informed
of
the
activities
and
experience
of
all
other
soil
15
conservation
districts
and
to
facilitate
an
interchange
of
advice
and
16
experience
between
such
districts
and
cooperation
between
them.
17
(c)
To
coordinate
the
progress
of
the
several
soil
conservation
dis
-
18
tricts
so
far
as
this
may
be
done
by
advice
and
consultation.
19
(d)
To
secure
the
cooperation
and
assistance
of
the
United
States
and
20
any
of
its
agencies,
and
of
agencies
of
this
state,
in
the
work
of
such
21
districts.
22
(e)
To
disseminate
information
throughout
the
state
concerning
the
ac
-
23
tivities
and
programs
of
the
soil
conservation
districts
in
areas
where
24
their
organization
is
desirable.
25
(f)
To
provide
for
the
establishment
and
encouragement
of
the
"Idaho
26
OnePlan"
as
a
primary
computer
-
based
conservation
planning
process
for
27
all
natural
resource
concerns.
Establishment
and
encouragement
will
28
be
accomplished
through
an
executive
group
and
steering
committee
both
29
containing
private,
state
and
federal
representation.
The
information
30
provided
by
those
using
the
"Idaho
OnePlan"
shall
be
deemed
to
be
trade
31
secrets,
production
records
or
other
proprietary
information
and
shall
32
be
kept
confidential
and
shall
be
exempt
from
disclosure
pursuant
to
33
section
74
-
107,
Idaho
Code.
34
(5)
In
addition
to
other
powers,
functions
and
duties
of
soil
conserva
-
35
tion
districts
and
the
state
soil
and
water
conservation
commission
provided
36
in
this
chapter,
the
commission
shall
have
the
following
additional
powers,
37
functions
and
duties:
38
(a)
The
commission
shall
conduct,
in
cooperation
with
appropriate
fed
-
39
eral
and
state
agencies
and
the
owners
and
operators
of
privately
owned
40
forest
lands,
rangelands
and
agricultural
lands
in
this
state,
conser
-
41
vation
improvements
on
or
in
respect
to
these
lands
for
the
purposes
of
42
implementing
conservation
systems
to
conserve
and
improve
natural
re
-
43
source
conditions;
44
(b)
The
commission
shall
assist
and
advise
soil
conservation
districts
45
and
other
entities
in
implementing
the
conservation
improvements,
46
projects
and
the
water
quality
program
for
agriculture.
To
the
extent
47
that
there
are
available
general
funds,
the
commission
shall
provide
48
for
grants
and
cost
-
share
opportunities
and,
as
legislatively
desig
-
49
nated,
utilize
the
resource
conservation
and
rangeland
development
50
6
fund
for
loans
for
conservation
improvements.
Provided
however,
that
1
the
commission
shall
determine
whether
general
or
resource
conserva
-
2
tion
and
rangeland
development
funds
are
available
before
approving
any
3
conservation
improvements,
projects
and
cost
-
share
opportunities
and,
4
after
having
made
such
determination,
shall
enter
into
the
necessary
5
contracts
for
implementation;
6
(c)
The
commission
shall
be
the
agency
responsible
for
the
administra
-
7
tion
of
funds
accruing
to
the
resource
conservation
and
rangeland
de
-
8
velopment
fund
and
for
all
general
funds
appropriated
as
a
separate
and
9
distinct
action
of
the
legislature
to
implement
the
powers,
functions
10
and
duties
of
soil
conservation
districts
and
the
commission;
1
1
(d)
On
or
before
March
1
of
each
year,
the
commission
shall
report
to
the
12
senate
agricultural
affairs
committee
and
the
house
agricultural
af
-
13
fairs
committee;
and
14
(e)
The
commission
shall
promulgate
such
rules
as
are
necessary
to
15
carry
out
the
purposes
of
this
chapter.
16
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
17
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
18
July
1,
2026.
19