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H0032aaS..............................by ENVIRONMENT, ENERGY AND TECHNOLOGY
ENERGY RESOURCES AUTHORITY - Amends existing law to allow the Idaho Energy
Resources Authority to manage and operate distribution facilities; to
provide conditions when the authority or an agent may operate a facility;
to provide provisions for a contract; and to allow the State Treasurer to
invest in fixed or variable rate bonds of the authority so long as such
bonds are not less than investment grade.
01/19 House intro - 1st rdg - to printing
01/22 Rpt prt - to Env
01/25 Rpt out - rec d/p - to 2nd rdg
01/26 2nd rdg - to 3rd rdg
01/31 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Block, Nielsen, Roberts, Wood(35)
Floor Sponsor - Anderson
Title apvd - to Senate
02/01 Senate intro - 1st rdg - to St Aff
02/15 Rpt out - to 14th Ord
02/26 Rpt out amen - to 1st rdg as amen
02/27 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/01 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Coiner
Floor Sponsor - McKenzie
Title apvd - to House
03/05 House concurred in Senate amens - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Snodgrass,
Stevenson, Thayn, Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Smith(24), Trail, Wood(35)
Floor Sponsor - Anderson
Title apvd - to enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/20 Governor signed
Session Law Chapter 107
Effective: 03/20/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 32
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO ENERGY RESOURCES AUTHORITY; AMENDING SECTION 67-8903,
3 IDAHO CODE, TO FURTHER DEFINE THE TERM "FACILITY"; AMENDING SECTION
4 67-8910, IDAHO CODE, TO PROVIDE THAT THE AUTHORITY MAY MANAGE AND OPERATE
5 FACILITIES UNDERTAKEN BY IT TO BE MANAGED AND OPERATED ON ITS BEHALF BY
6 ONE OR MORE QUALIFIED PARTICIPATING UTILITIES; AMENDING SECTION 67-8922,
7 IDAHO CODE, TO ALLOW THE STATE TREASURER TO INVEST IN FIXED OR VARIABLE
8 RATE BONDS OF THE AUTHORITY SO LONG AS THE BONDS ARE NOT LESS THAN INVEST-
9 MENT GRADE AND ARE NOT BEYOND A CERTAIN TERM; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 67-8903, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 67-8903. DEFINITIONS. When used in this chapter, the following terms
14 shall have the following meanings:
15 (1) "Authority" means the Idaho energy resources authority created pursu-
16 ant to section 67-8904, Idaho Code.
17 (2) "Board" means the board of directors of the authority.
18 (3) "Bonds" means any bonds, notes, certificates or other obligations or
19 evidences of indebtedness issued by the authority.
20 (4) "Commission" means the Idaho public utilities commission created pur-
21 suant to section 61-201, Idaho Code.
22 (5) "Electric cooperative" means a cooperative corporation or association
23 which is:
24 (a) Organized under the provisions of section 501(c)(12) or 1381 of the
25 Internal Revenue Code;
26 (b) Is an Idaho nonprofit corporation pursuant to chapter 3, title 30,
27 Idaho Code; and
28 (c) Is an operating entity or successor entity thereof which owns facili-
29 ties and provides electric service to customers in Idaho as of the effec-
30 tive date of this chapter.
31 (6) "Facility" means any facility necessary, used or useful in connection
32 with the generation, or transmission or distribution of electric power and
33 energy and any renewable energy generation project, in each case including,
34 but not limited to, all real and personal property, fuel supplies and trans-
35 portation facilities, pollution control facilities and all equipment and
36 improvements necessary or desirable in connection with a facility. "Facility"
37 shall include facilities owned in whole or in part by the authority or a par-
38 ticipating utility, including undivided ownership interests in facilities,
39 leasehold interests in facilities and other estates, but excludes a generating
40 facility that sells any portion of its output as a qualifying facility to a
41 participating utility under provisions of the public utility regulatory poli-
42 cies act of 1978, 16 U.S.C. section 2601 et seq.
43 (7) "Independent power producer" means any public or private corporation
2
1 which is not itself a participating utility, but which may be an affiliate of
2 a participating utility, that develops any renewable energy generation project
3 undertaken by the authority pursuant to this chapter.
4 (8) "Participating utility" means, with respect to any facilities under-
5 taken by the authority pursuant to this chapter, any public or private corpo-
6 ration, electric cooperative or other cooperative corporation or association,
7 municipal corporation, political subdivision of this state or another state,
8 state or federal agency, joint operating entity or other entity that:
9 (a) Owns and operates an electric utility system that provides electric
10 services to consumers of electricity located in an existing service area
11 within the boundaries of this state;
12 (b) Provides electric generation, power supply, transmission and/or
13 ancillary and related services at wholesale to one (1) or more participat-
14 ing utilities described in paragraph (a) of this subsection; or
15 (c) Is organized or operates as a regional transmission organization cov-
16 ering all or any part of the state of Idaho and one (1) or more other
17 states.
18 (9) "Renewable energy" means a source of energy that occurs naturally, is
19 regenerated naturally or uses as a fuel source, a waste product or byproduct
20 from a manufacturing process including, but not limited to, open or closed-
21 loop biomass, fuel cells, geothermal energy, waste heat, cogeneration, solar
22 energy, waterpower and wind.
23 (10) "Renewable energy generation project" means an electric generating
24 facility or system that uses renewable energy as its primary source of energy
25 to generate electricity.
26 (11) "Revenues" means all receipts, purchase payments, loan repayments,
27 lease payments, rents, fees and charges, and all other income or receipts
28 derived by the authority from a participating utility.
29 SECTION 2. That Section 67-8910, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-8910. MANAGEMENT AND OPERATION OF FACILITIES. The authority shall man-
32 age and operate or cause any facilities undertaken by it to be managed and
33 operated on its behalf by one (1) or more qualified participating utilities,
34 or if no participating utility is qualified, willing or able to manage and
35 operate such facility, by an agent so designated by the authority capable and
36 skilled in the management and operation of such a facility. The authority
37 shall enter into joint operating arrangements with participating utilities,
38 designated agents of the authority or others and may enter into any and all
39 contractual arrangements determined by the authority to promote the effective
40 and efficient management and operation of its facilities.
41 SECTION 3. That Section 67-8922, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 67-8922. AUTHORITY OBLIGATIONS ARE LEGAL INVESTMENTS. (1) The bonds of
44 the authority shall be legal investments in which all public officers and pub-
45 lic bodies of this state, its political subdivisions, all municipalities and
46 municipal subdivisions, all insurance companies and associations and other
47 persons carrying on an insurance business, all banks, bankers, banking associ-
48 ations, trust companies, savings banks and savings associations, including
49 savings and loan associations, building and loan associations, investment com-
50 panies and other persons carrying on a banking business, all administrators,
51 guardians, executors, trustees and other fiduciaries, and all other persons
3
1 whatsoever who are now or may hereafter be authorized to invest in bonds or in
2 other obligations of the state, may properly and legally invest funds, includ-
3 ing capital, in their control or belonging to them. The bonds are also hereby
4 made securities which may properly and legally be deposited with and received
5 by all public officers and bodies of the state or any agency or political sub-
6 divisions of the state and all municipalities and public corporations for any
7 purpose for which the deposit of bonds or other obligations of the state is
8 now or may hereafter be authorized by law.
9 (2) In addition to the investments permitted under chapter 12, title 67,
10 Idaho Code, and notwithstanding any limitations on investments contained in
11 that chapter, the state treasurer is authorized and empowered to invest state
12 funds or any other funds in his hands in fixed or variable rate bonds of the
13 authority and to enter into agreements with the authority in connection with
14 any such investment, so long as the term of the investment does not exceed
15 thirty (30) years and the quality of the underlying credit, or the underlying
16 credit as enhanced, is not less than investment grade.
17 SECTION 4. An emergency existing therefor, which emergency is hereby
18 declared to exist, this act shall be in full force and effect on and after its
19 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Davis
Seconded by Stegner
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 32
1 AMENDMENT TO SECTION 2
2 On page 2 of the printed bill, delete lines 31 through 40 and insert:
3 "67-8910. MANAGEMENT AND OPERATION OF FACILITIES. The authority shall
4 cause any facilities undertaken by it to be managed and operated on its behalf
5 by one (1) or more qualified participating utilities, or if no participating
6 utility is qualified, willing or able to manage and operate such facility, by
7 the authority or by an agent so designated by the authority capable and
8 skilled in the management and operation of such a facility. The authority
9 shall enter into joint operating arrangements with participating utilities,
10 designated agents of the authority or others and may enter into any and all
11 contractual arrangements determined by the authority to promote the effective
12 and efficient management and operation of its facilities. The authority shall
13 not commence the management or operation for any facility until it shall have
14 entered into contractual arrangements with one (1) or more participating util-
15 ities that contain provisions acceptable to both the authority and the partic-
16 ipating utility or utilities and which are determined by the authority to pro-
17 vide adequate assurance that all management, operating, maintenance and
18 related costs of the facility will be paid by or provided for by one (1) or
19 more participating utilities.".
20 CORRECTION TO TITLE
21 On page 1, delete lines 4 through 6 and insert: "67-8910, IDAHO CODE, TO
22 PROVIDE CONDITIONS WHEN THE AUTHORITY OR AN AGENT MAY OPERATE A FACILITY AND
23 TO PROVIDE PROVISIONS FOR A CONTRACT; AMENDING SECTION 67-8922,".
2
Moved by Little
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 32
1 AMENDMENT TO THE BILL
2 On page 2 of the printed bill, following line 40, insert:
3 "SECTION 3. That Section 67-8921, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 67-8921. ANNUAL REPORT. The authority shall submit to the governor and to
6 the legislature within ninety (90) days after the end of its fiscal year a
7 complete and detailed report setting forth:
8 (1) Its operations and accomplishments;
9 (2) An accounting of its receipts and expenditures during such fiscal
10 year in accordance with the categories or classifications established by the
11 authority for its operating and capital outlay purposes;
12 (3) Its assets and liabilities at the end of its fiscal year, including
13 the status of reserve, special or other funds; and
14 (4) A schedule of its bonds outstanding at the end of its fiscal year,
15 together with a statement of the amounts redeemed and incurred during such
16 fiscal year; and
17 (5) Any new or additional facility management and operation activities.".
18 Also on page 2, in line 41, delete "SECTION 3" and insert: "SECTION 4"; and on
19 page 3, in line 17, delete "SECTION 4" and insert: "SECTION 5".
20 CORRECTION TO TITLE
21 On page 1, in line 6, following "UTILITIES;" insert: "AMENDING SECTION
22 67-8921, IDAHO CODE, TO PROVIDE THAT THE AUTHORITY'S ANNUAL REPORT SHALL BE
23 SUBMITTED TO THE LEGISLATURE, AND SHALL CONTAIN ANY NEW OR ADDITIONAL FACILITY
24 MANAGEMENT AND OPERATION ACTIVITIES;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 32, As Amended in the Senate
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO ENERGY RESOURCES AUTHORITY; AMENDING SECTION 67-8903,
3 IDAHO CODE, TO FURTHER DEFINE THE TERM "FACILITY"; AMENDING SECTION
4 67-8910, IDAHO CODE, TO PROVIDE CONDITIONS WHEN THE AUTHORITY OR AN AGENT
5 MAY OPERATE A FACILITY AND TO PROVIDE PROVISIONS FOR A CONTRACT; AMENDING
6 SECTION 67-8921, IDAHO CODE, TO PROVIDE THAT THE AUTHORITY'S ANNUAL REPORT
7 SHALL BE SUBMITTED TO THE LEGISLATURE, AND SHALL CONTAIN ANY NEW OR ADDI-
8 TIONAL FACILITY MANAGEMENT AND OPERATION ACTIVITIES; AMENDING SECTION
9 67-8922, IDAHO CODE, TO ALLOW THE STATE TREASURER TO INVEST IN FIXED OR
10 VARIABLE RATE BONDS OF THE AUTHORITY SO LONG AS THE BONDS ARE NOT LESS
11 THAN INVESTMENT GRADE AND ARE NOT BEYOND A CERTAIN TERM; AND DECLARING AN
12 EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 67-8903, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-8903. DEFINITIONS. When used in this chapter, the following terms
17 shall have the following meanings:
18 (1) "Authority" means the Idaho energy resources authority created pursu-
19 ant to section 67-8904, Idaho Code.
20 (2) "Board" means the board of directors of the authority.
21 (3) "Bonds" means any bonds, notes, certificates or other obligations or
22 evidences of indebtedness issued by the authority.
23 (4) "Commission" means the Idaho public utilities commission created pur-
24 suant to section 61-201, Idaho Code.
25 (5) "Electric cooperative" means a cooperative corporation or association
26 which is:
27 (a) Organized under the provisions of section 501(c)(12) or 1381 of the
28 Internal Revenue Code;
29 (b) Is an Idaho nonprofit corporation pursuant to chapter 3, title 30,
30 Idaho Code; and
31 (c) Is an operating entity or successor entity thereof which owns facili-
32 ties and provides electric service to customers in Idaho as of the effec-
33 tive date of this chapter.
34 (6) "Facility" means any facility necessary, used or useful in connection
35 with the generation, or transmission or distribution of electric power and
36 energy and any renewable energy generation project, in each case including,
37 but not limited to, all real and personal property, fuel supplies and trans-
38 portation facilities, pollution control facilities and all equipment and
39 improvements necessary or desirable in connection with a facility. "Facility"
40 shall include facilities owned in whole or in part by the authority or a par-
41 ticipating utility, including undivided ownership interests in facilities,
42 leasehold interests in facilities and other estates, but excludes a generating
43 facility that sells any portion of its output as a qualifying facility to a
2
1 participating utility under provisions of the public utility regulatory poli-
2 cies act of 1978, 16 U.S.C. section 2601 et seq.
3 (7) "Independent power producer" means any public or private corporation
4 which is not itself a participating utility, but which may be an affiliate of
5 a participating utility, that develops any renewable energy generation project
6 undertaken by the authority pursuant to this chapter.
7 (8) "Participating utility" means, with respect to any facilities under-
8 taken by the authority pursuant to this chapter, any public or private corpo-
9 ration, electric cooperative or other cooperative corporation or association,
10 municipal corporation, political subdivision of this state or another state,
11 state or federal agency, joint operating entity or other entity that:
12 (a) Owns and operates an electric utility system that provides electric
13 services to consumers of electricity located in an existing service area
14 within the boundaries of this state;
15 (b) Provides electric generation, power supply, transmission and/or
16 ancillary and related services at wholesale to one (1) or more participat-
17 ing utilities described in paragraph (a) of this subsection; or
18 (c) Is organized or operates as a regional transmission organization cov-
19 ering all or any part of the state of Idaho and one (1) or more other
20 states.
21 (9) "Renewable energy" means a source of energy that occurs naturally, is
22 regenerated naturally or uses as a fuel source, a waste product or byproduct
23 from a manufacturing process including, but not limited to, open or closed-
24 loop biomass, fuel cells, geothermal energy, waste heat, cogeneration, solar
25 energy, waterpower and wind.
26 (10) "Renewable energy generation project" means an electric generating
27 facility or system that uses renewable energy as its primary source of energy
28 to generate electricity.
29 (11) "Revenues" means all receipts, purchase payments, loan repayments,
30 lease payments, rents, fees and charges, and all other income or receipts
31 derived by the authority from a participating utility.
32 SECTION 2. That Section 67-8910, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 67-8910. MANAGEMENT AND OPERATION OF FACILITIES. The authority shall
35 cause any facilities undertaken by it to be managed and operated on its behalf
36 by one (1) or more qualified participating utilities, or if no participating
37 utility is qualified, willing or able to manage and operate such facility, by
38 the authority or by an agent so designated by the authority capable and
39 skilled in the management and operation of such a facility. The authority
40 shall enter into joint operating arrangements with participating utilities,
41 designated agents of the authority or others and may enter into any and all
42 contractual arrangements determined by the authority to promote the effective
43 and efficient management and operation of its facilities. The authority shall
44 not commence the management or operation for any facility until it shall have
45 entered into contractual arrangements with one (1) or more participating util-
46 ities that contain provisions acceptable to both the authority and the partic-
47 ipating utility or utilities and which are determined by the authority to pro-
48 vide adequate assurance that all management, operating, maintenance and
49 related costs of the facility will be paid by or provided for by one (1) or
50 more participating utilities.
51 SECTION 3. That Section 67-8921, Idaho Code, be, and the same is hereby
52 amended to read as follows:
3
1 67-8921. ANNUAL REPORT. The authority shall submit to the governor and to
2 the legislature within ninety (90) days after the end of its fiscal year a
3 complete and detailed report setting forth:
4 (1) Its operations and accomplishments;
5 (2) An accounting of its receipts and expenditures during such fiscal
6 year in accordance with the categories or classifications established by the
7 authority for its operating and capital outlay purposes;
8 (3) Its assets and liabilities at the end of its fiscal year, including
9 the status of reserve, special or other funds; and
10 (4) A schedule of its bonds outstanding at the end of its fiscal year,
11 together with a statement of the amounts redeemed and incurred during such
12 fiscal year; and
13 (5) Any new or additional facility management and operation activities.
14 SECTION 4. That Section 67-8922, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-8922. AUTHORITY OBLIGATIONS ARE LEGAL INVESTMENTS. (1) The bonds of
17 the authority shall be legal investments in which all public officers and pub-
18 lic bodies of this state, its political subdivisions, all municipalities and
19 municipal subdivisions, all insurance companies and associations and other
20 persons carrying on an insurance business, all banks, bankers, banking associ-
21 ations, trust companies, savings banks and savings associations, including
22 savings and loan associations, building and loan associations, investment com-
23 panies and other persons carrying on a banking business, all administrators,
24 guardians, executors, trustees and other fiduciaries, and all other persons
25 whatsoever who are now or may hereafter be authorized to invest in bonds or in
26 other obligations of the state, may properly and legally invest funds, includ-
27 ing capital, in their control or belonging to them. The bonds are also hereby
28 made securities which may properly and legally be deposited with and received
29 by all public officers and bodies of the state or any agency or political sub-
30 divisions of the state and all municipalities and public corporations for any
31 purpose for which the deposit of bonds or other obligations of the state is
32 now or may hereafter be authorized by law.
33 (2) In addition to the investments permitted under chapter 12, title 67,
34 Idaho Code, and notwithstanding any limitations on investments contained in
35 that chapter, the state treasurer is authorized and empowered to invest state
36 funds or any other funds in his hands in fixed or variable rate bonds of the
37 authority and to enter into agreements with the authority in connection with
38 any such investment, so long as the term of the investment does not exceed
39 thirty (30) years and the quality of the underlying credit, or the underlying
40 credit as enhanced, is not less than investment grade.
41 SECTION 5. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
43 passage and approval.
STATEMENT OF PURPOSE
RS 16671
Amending the Idaho Energy Resources Authority Act
The Idaho Energy Resources Authority (IERA) was created in 2005 to
provide a lower cost financing alternative to Idaho utilities
building generation and transmission infrastructure.
This bill provides three technical changes to that IERA Act. The
first change adds the word "distribution" to the Act so that the
IERA can also finance electric distribution facilities for
utilities.
The second amendment would allow the IERA to "operate or
manage" the electric facilities it finances or owns. A number of
Idaho consumer-owned utilities (municipalities or electric
cooperatives) want to participate in the development of one or more
generation or transmission projects, including a large Utah power
plant. These utilities would like the option to defer their
management and operational authority to the IERA in such
circumstances. The IERA also envisions other situations where
participating utilities would also request that the IERA function
in an operation and management role of jointly developed assets.
The last change to the IERA Act simply authorizes the state
treasurer to purchase either fixed or variable rate bonds of the
IERA, at his discretion, provided such bonds are investment grade.
Treasurer Ron Crane has expressed support for this added provision
to the IERA Act. Such a provision will make small bond issuances of
the IERA more cost effective.
FISCAL IMPACT
This legislation will have no fiscal impact on the state. While an
instrumentality of the state, the IERA is a self-sustaining entity
and all administrative costs of the Authority are paid by the
utilities financing facilities through the IERA.
CONTACTS & SPONSORS
Senator Bart Davis
Senator Curt McKenzie
Representative George Eskridge
Representative Eric Anderson
Ron Williams Attorney at Law 344-6633
Ken Harward Association of Idaho Cities 344-8594
H 32