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H0212............................................by RESOURCES AND CONSERVATION
IDAHO INVASIVE SPECIES ACT - Adds to existing law to provide the Idaho
Invasive Species Act; to provide findings of the Legislature; to provide a
declaration of purpose relating to invasive species; to provide for the Idaho
Invasive Species Council; to provide for duties of state departments and
agencies; and to provide for the Invasive Species Council Fund.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 212
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE INVASIVE SPECIES ACT; AMENDING TITLE 67, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 88, TITLE 67, IDAHO CODE, TO PROVIDE LEGISLATIVE
4 FINDINGS RELATING TO INVASIVE SPECIES, TO PROVIDE A DECLARATION OF PURPOSE
5 AND TO DEFINE A TERM, TO PROVIDE FOR THE IDAHO INVASIVE SPECIES COUNCIL
6 AND AN EXECUTIVE COMMITTEE, TO PROVIDE POWERS AND DUTIES OF THE IDAHO IN-
7 VASIVE SPECIES COUNCIL, TO PROVIDE FOR A STRATEGIC PLAN, TO PROVIDE FOR
8 DEPARTMENT AND AGENCY DUTIES, TO PROVIDE FOR THE INVASIVE SPECIES COUNCIL
9 FUND AND TO PROVIDE A SHORT TITLE; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Title 67, Idaho Code, be, and the same is hereby amended
12 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
13 ter 88, Title 67, Idaho Code, and to read as follows:
14 CHAPTER 88
15 IDAHO INVASIVE SPECIES ACT
16 67-8801. INVASIVE SPECIES -- LEGISLATIVE FINDINGS -- DECLARATION OF PUR-
17 POSE -- DEFINITION OF INVASIVE SPECIES. (1) The legislature finds that:
18 (a) The land, water and other resources of Idaho are being severely
19 affected by invasions of an increasing number of harmful, invasive spe-
20 cies;
21 (b) These invasions are damaging Idaho's environment and causing economic
22 hardships;
23 (c) Idaho is a national leader in the control of invasive species, par-
24 ticularly noxious weeds, and has a strong network of local, state, fed-
25 eral, tribal, private and academic entities actively combating the threat;
26 (d) Prevention, early detection, rapid response and eradication are the
27 most effective and least costly strategies against invasive species
28 because they combat new invasions before they expand beyond feasible con-
29 trol;
30 (e) Implementing these strategies requires the state of Idaho to enhance
31 its capacity to: prioritize risks, prevent new invasions, employ early
32 detection and eradication techniques, apply state-of-the-art control and
33 management strategies, coordinate multiple public and private efforts and
34 involve the public;
35 (f) An effective invasive species program must foster and support local
36 initiatives; and
37 (g) The multitude of public and private entities with an interest in con-
38 trolling and preventing the spread of harmful invasive species in Idaho
39 need a mechanism for cooperation, collaboration and development of a
40 statewide plan to meet the threat of invasive species.
41 (2) The purpose of this chapter is to reverse the trend of increasing
42 invasions by providing policy direction and planning to combat invasive spe-
2
1 cies infestations throughout the state and to prevent the introduction of new
2 species that may be harmful.
3 (3) "Invasive species" means species not native to Idaho, including their
4 seeds, eggs, spores or other biological material capable of propagation, that
5 cause economic or environmental harm and are capable of spreading to new areas
6 of the state. "Invasive species" does not include crops, improved forage
7 grasses, domestic livestock, fish and game intentionally introduced by the
8 department of fish and game, or other beneficial non-native organisms.
9 (4) For purposes of this chapter, "environmental harm" means to cause
10 significant adverse effects on uses of natural resources or on native plants
11 or animals.
12 67-8802. IDAHO INVASIVE SPECIES COUNCIL CREATED -- COMPOSITION -- EXECU-
13 TIVE COMMITTEE -- ORGANIZATION -- RESOURCES. (1) The Idaho invasive species
14 council is hereby created. The council shall be the coordinating, planning
15 and advisory body for the departments and agencies of the state and for its
16 other member organizations regarding invasive species. Its purpose is to fos-
17 ter coordinated approaches that support local initiatives against invasive
18 species. The council will not usurp the individual missions of any of its
19 member organizations or duplicate effort.
20 (2) For budgetary and administrative support purposes, the council shall
21 be assigned to the department of agriculture. However, this assignment shall
22 not limit or interfere with the council's duties to coordinate and advise all
23 of the state departments and agencies represented on the council.
24 (3) The council shall consist of the following members to be appointed by
25 the governor:
26 (a) A representative from each of the following state entities: depart-
27 ment of agriculture, department of environmental quality, department of
28 parks and recreation, department of fish and game, department of lands,
29 department of water resources, department of commerce, department of
30 health and welfare, Idaho transportation department and the office of spe-
31 cies conservation;
32 (b) A representative of the state university system;
33 (c) A representative from each of the following entities or groups: asso-
34 ciation of Idaho cities, Idaho counties, resource conservation and devel-
35 opment districts, health districts, highway districts and irrigation dis-
36 tricts;
37 (d) A representative from each of the following federal agencies that
38 agree to participate on the council: United States forest service, animal
39 and plant health inspection service, natural resources conservation ser-
40 vice, bureau of land management, national park service, bureau of reclama-
41 tion, United States fish and wildlife service and United States army corps
42 of engineers;
43 (e) A representative from each of the following tribal governments that
44 agree to participate on the council: Kootenai tribe, Coeur d'Alene tribe,
45 Nez Perce tribe, Shoshone-Paiute tribes, and Shoshone-Bannock tribes;
46 (f) A representative from each of the following interests: agriculture,
47 conservation, forestry, ranching, recreation and tourism, and private
48 irrigation delivery; and
49 (g) The committee chairs of the agricultural affairs, environmental
50 affairs and resources and conservation committees of the house of repre-
51 sentatives and the committee chairs of the agricultural affairs and
52 resources and environment committees of the senate.
53 (4) The governor may invite representatives of private industry and not-
54 for-profit organizations with an interest in the well-being of Idaho pertain-
3
1 ing to invasive species and representatives of Idaho's congressional delega-
2 tion to participate as ex officio nonvoting members of the council.
3 (5) Members of the council shall serve at the pleasure of the governor.
4 (6) The invasive species council established by executive order no.
5 2001-11, dated September 26, 2001, shall remain active and serve until such
6 time as the governor appoints the members of the council established pursuant
7 to this chapter.
8 (7) Members of the council shall serve without compensation pursuant to
9 section 59-509(a), Idaho Code.
10 (8) The chair of the council shall be a state agency director appointed
11 by the governor. The council shall adopt and amend bylaws governing its pro-
12 ceedings, activities and organization including, but not limited to, provi-
13 sions for election of officers other than the chair; provisions for proce-
14 dures, frequency and location of meetings; establishment, functions and mem-
15 bership of committees; and other matters.
16 (9) The governor shall appoint from among the members of the council, an
17 executive committee composed of thirteen (13) members as follows:
18 (a) Two (2) representatives of departments or agencies of the state of
19 Idaho enumerated in subsection (3)(a) of this section;
20 (b) One (1) representative of Idaho counties;
21 (c) One (1) representative of the federal agencies enumerated in subsec-
22 tion (3)(d) of this section;
23 (d) One (1) representative of tribal governments enumerated in subsection
24 (3)(e) of this section;
25 (e) One (1) representative from each of the following interests: agricul-
26 ture, conservation, forestry, ranching, recreation and tourism, and pri-
27 vate irrigation delivery; and
28 (f) Two (2) chairs of the legislative committees listed in subsection
29 (3)(g) of this section, one (1) from the house of representatives and one
30 (1) from the senate, appointed by the presiding officer of the chamber.
31 (10) The council shall secure resources from public and private sources
32 and shall have the authority to hire staff or retain contractors when
33 resources are available. The council shall utilize talent, expertise and
34 resources within the state, and especially that of the university system, to
35 the extent practicable.
36 67-8803. POWERS AND DUTIES OF THE COUNCIL. The council shall have the
37 following duties, powers and responsibilities:
38 (1) To minimize the effects of invasive species on Idaho citizens and to
39 ensure the economic and environmental well-being of the state of Idaho;
40 (2) To serve as a nonpartisan forum for identifying and understanding in-
41 vasive species issues from all perspectives;
42 (3) To take measures that will encourage prevention and control of inva-
43 sive species;
44 (4) To organize and streamline the process for detecting, eradicating or
45 controlling invasive species;
46 (5) To consider ways to halt the spread of invasive species as well as
47 finding possible ways to bring current problems under control and mitigate
48 their impacts;
49 (6) To complete by January 1, 2004, an invasive species strategic plan as
50 set forth in section 67-8804, Idaho Code.
51 (7) To report annually on or before January 1 regarding the implementa-
52 tion of the strategic plan and achievement of standards for measuring success;
53 (8) To review and revise the strategic plan every three (3) years follow-
54 ing its completion; and
4
1 (9) To provide to the governor and the legislature the strategic plan,
2 any subsequent revisions, the annual report and other communications deemed
3 necessary by the council.
4 67-8804. STRATEGIC PLAN. (1) The strategic plan shall set forth a frame-
5 work for a comprehensive and efficient state program to combat invasive spe-
6 cies in coordination with private, state, local, federal and tribal entities.
7 The strategic plan shall include recommendations for administrative and legis-
8 lative actions and methods for measuring the success of state departments and
9 agencies in meeting the purposes of this chapter. The strategic plan is
10 intended as a guidance document and may call for actions by local, state, fed-
11 eral or tribal entities. The strategic plan shall not have the force of law.
12 (2) The plan shall address the following elements:
13 (a) Statewide coordination and intergovernmental cooperation;
14 (b) Prevention of new biological invasions;
15 (c) Inventory and monitoring;
16 (d) Early detection and rapid response;
17 (e) Control and management;
18 (f) Rehabilitation;
19 (g) Public education;
20 (h) Research; and
21 (i) Funding and resources.
22 (3) The strategic plan and any revisions must be approved by both the
23 council and the executive committee.
24 (4) The council shall take into account the Idaho strategic plan for
25 managing noxious weeds, as well as the plans, programs and recommendations of
26 existing entities addressing invasive species including, but not limited to,
27 the Idaho weed coordinating committee, the Idaho weed control association, the
28 Idaho association of weed control superintendents, and the Idaho weed aware-
29 ness campaign.
30 67-8805. DEPARTMENT AND AGENCY DUTIES. As part of their participation in
31 developing the council's strategic plan, each state department and agency
32 named to the council listed in section 67-8802(3)(a), Idaho Code, shall con-
33 duct an evaluation of its current statutory authorities, rules, and programs
34 relevant to invasive species control. This evaluation shall identify opportu-
35 nities to incorporate invasive species control into state agency operations,
36 clarify authorities, eliminate duplication among agency efforts, find effi-
37 ciencies, and identify gaps in state invasive species programs.
38 67-8806. INVASIVE SPECIES COUNCIL FUND. There is hereby established in
39 the state treasury the invasive species council fund which shall consist of
40 appropriations, gifts, grants and other council moneys. Moneys in the inva-
41 sive species council fund are continuously appropriated and may be used at the
42 direction of the council for the purposes enumerated in this chapter. The
43 state treasurer is directed to invest all unobligated moneys in the fund. All
44 interest and other income accruing from such investments shall accrue to the
45 fund.
46 67-8807. SHORT TITLE. This chapter shall be known and cited as the
47 "Invasive Species Act."
48 SECTION 2. An emergency existing therefor, which emergency is hereby
49 declared to exist, this act shall be in full force and effect on and after its
50 passage and approval.
STATEMENT OF PURPOSE
RS 12796C1
Amend Title 67, Idaho Code, by adding a new chapter to be known
as Chapter 88 for the purpose of creating a legislative charter
for the Idaho Invasive Species Council. Noxious weeds and other
invasive species pose a grave threat to Idaho's economy and
environment. The direct cost of controlling noxious weeds in
Idaho has been estimated at $300 million annually. Aquatic
invasive species, such as Eurasian water milfoil, could cause
severe harm if allowed to become well established in Idaho.
The purpose of the Council is to provide policy direction and
coordination that will foster local initiatives to prevent the
introduction of harmful weeds and invasive species to Idaho and
to eradicate these species, if possible. Among the major
responsibilities of the Council is to organize and streamline the
process for preventing, detecting, eradicating or controlling
invasive species. The Council is directed to complete a
strategic plan by January 1, 2004, taking into account existing
plans and efforts. The plan will be a guidance document for
combating invasive species in coordination with private, state,
local, federal, and tribal entities.
The Council will be composed of: state agencies, local government
and political subdivisions, federal agencies, tribes, interest
groups, and chairs of germane legislative committees. The
interest groups represented on the Council include: agriculture,
conservation, forestry, ranching, recreation and tourism, and
water management. The proposed legislation also provides for the
creation of a 13-member Executive Committee, which will direct
the activities of the Council. The Executive Committee will be
composed of: two chairs of the legislative committees included on
the Council, one from the House of Representatives and one the
Senate; representatives of two State Agencies; one representative
each from the federal agencies and tribal governments; and the
representatives of the six interest groups.
FISCAL IMPACT
There will be no impact to the general fund. Fiscal impacts will
be borne by the participants from existing budgets or from
contributed federal or non-government funds.
Contact
Name: Representative Doug Jones
Phone: (208) 332-1000
Name: Glen Secrist, Department of Agriculture
Phone: (208) 332-8536
STATEMENT OF PURPOSE/FISCAL NOTE H 21