2008 Legislation
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HOUSE BILL NO. 557<br /> – Crop residue burning


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Bill Status

H0557......................................................by STATE AFFAIRS
CROP BURNING - Adds to, amends and repeals existing law relating to crop
burning to provide for the open burning of crop residue; to provide that
certain information relating to open burning of crop residue shall not be
exempt from disclosure.

02/25    House intro - 1st rdg - to printing
02/26    Rpt prt - to Env
02/29    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(08),
      Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
      Thayn, Thomas, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Lake, Shepherd(02), Wills
    Floor Sponsor - Roberts
    Title apvd - to Senate
02/29    Senate intro - 1st rdg - to Health/Wel
03/06    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Davis
    Floor Sponsor - Bair
    Title apvd - to House
03/06    To enrol/Rpt enrol - Sp/Pres signed - To Governor
03/07    Governor signed
         Session Law Chapter 71
         Effective: 03/07/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 557

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT

 11    Be It Enacted by the Legislature of the State of Idaho:

 12        SECTION 1.  That Chapter 1, Title 39, Idaho Code,  be,  and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 39-114, Idaho Code, and to read as follows:

 15        39-114.  OPEN BURNING OF CROP RESIDUE. (1) The open burning of crop  resi-
 16    due  to develop physiological conditions conducive to increase crop yields, or
 17    to control diseases, insects, pests or weed infestations shall be an allowable
 18    form of open burning, such that it is expressly authorized  as  referenced  in
 19    section 52-108, Idaho Code, so long as the open burning is conducted in accor-
 20    dance  with  the provisions of this section and the rules promulgated pursuant
 21    to this chapter.
 22        (2)  Crop residue means any vegetative material  remaining  in  the  field
 23    after  harvest  or  vegetative  material  produced  on designated conservation
 24    reserve program (CRP) lands.
 25        (3)  The open burning of crop residue shall  be  conducted  in  the  field
 26    where it was generated. A burn may not take place without preapproval from the
 27    department.  The  department  shall  not  approve a burn if it determines that
 28    ambient air quality levels:
 29        (a)  Are exceeding, or are expected to exceed, seventy-five percent  (75%)
 30        of  the level of any national ambient air quality standard on any day, and
 31        these levels are projected to continue or recur over  at  least  the  next
 32        twenty-four (24) hours; or
 33        (b)  Have  reached, or are forecasted to reach and persist at, eighty per-
 34        cent (80%) of the one (1) hour action criteria for particulate matter pur-
 35        suant to section 556 of IDAPA 58.01.01, rules for the control of air  pol-
 36        lution in Idaho.
 37    The department shall make available to the public, prior to the burn, informa-
 38    tion  regarding  the  date  of the burn, location, acreage and crop type to be
 39    burned. If the agricultural community desires to burn more than  twenty  thou-
 40    sand  (20,000)  acres  annually  of  bluegrass within the state, that does not
 41    include Indian or tribal lands within the reservation boundaries as recognized
 42    by the federal clean air act, then, prior to  approving  the  burning  of  the
 43    additional acres, the department shall complete an air quality review analysis


  1    to determine that the ambient air quality levels in this section will be met.
  2        (4)  A fee in an amount of two dollars ($2.00) per acre to be burned shall
  3    be  paid  to  the  department prior to burning. The department shall remit all
  4    fees quarterly to the state treasurer, who shall deposit  the  moneys  in  the
  5    general fund.

  6        SECTION  2.  That  Section  9-340D, Idaho Code, be, and the same is hereby
  7    amended to read as follows:

 10    exempt from disclosure:
 11        (1)  Trade secrets including those contained in response to public  agency
 12    or  independent  public  body  corporate  and  politic  requests for proposal,
 13    requests for clarification, requests for  information  and  similar  requests.
 14    "Trade  secrets"  as  used in this section means information, including a for-
 15    mula, pattern, compilation, program, computer program, device,  method,  tech-
 16    nique, process, or unpublished or in progress research that:
 17        (a)  Derives  independent  economic  value,  actual or potential, from not
 18        being generally known to, and not being readily  ascertainable  by  proper
 19        means  by  other persons who can obtain economic value from its disclosure
 20        or use; and
 21        (b)  Is the subject of efforts that are reasonable under the circumstances
 22        to maintain its secrecy.
 23        (2)  Production records, housing production, rental and financing records,
 24    sale or purchase records, catch records, mortgage portfolio loan documents, or
 25    similar business records of a private concern or enterprise required by law to
 26    be submitted to or inspected by a public agency or submitted to  or  otherwise
 27    obtained  by an independent public body corporate and politic. Nothing in this
 28    subsection shall limit the use which can be made of such information for regu-
 29    latory purposes or its admissibility in any enforcement proceeding.
 30        (3)  Records relating to the appraisal of real property, timber or mineral
 31    rights prior to its acquisition, sale or lease by a public agency or  indepen-
 32    dent public body corporate and politic.
 33        (4)  Any  estimate  prepared by a public agency or independent public body
 34    corporate and politic that details the cost of a  public  project  until  such
 35    time  as  disclosed or bids are opened, or upon award of the contract for con-
 36    struction of the public project.
 37        (5)  Examination, operating or condition reports and all documents  relat-
 38    ing  thereto, prepared by or supplied to any public agency or independent pub-
 39    lic body corporate and politic responsible for the regulation  or  supervision
 40    of  financial  institutions  including, but not limited to, banks, savings and
 41    loan associations, regulated lenders, business and industrial development cor-
 42    porations, credit unions, and insurance companies, or for  the  regulation  or
 43    supervision of the issuance of securities.
 44        (6)  Records  gathered  by  a local agency or the Idaho department of com-
 45    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
 46    pose of assisting a person to locate, maintain, invest in, or expand  business
 47    operations in the state of Idaho.
 48        (7)  Shipping and marketing records of commodity commissions used to eval-
 49    uate marketing and advertising strategies and the names and addresses of grow-
 50    ers and shippers maintained by commodity commissions.
 51        (8)  Financial  statements  and business information and reports submitted
 52    by a legal entity to a port district organized under title 70, Idaho Code,  in
 53    connection with a business agreement, or with a development proposal or with a


  1    financing  application  for  any  industrial, manufacturing, or other business
  2    activity within a port district.
  3        (9)  Names and addresses of seed companies, seed crop growers,  seed  crop
  4    consignees,  locations  of seed crop fields, variety name and acreage by vari-
  5    ety. Upon the request of the owner of the proprietary variety,  this  informa-
  6    tion shall be released to the owner. Provided however, that if a seed crop has
  7    been  identified  as  diseased  or has been otherwise identified  by the Idaho
  8    department of agriculture, other state  departments  of  agriculture,  or  the
  9    United States department of agriculture to represent a threat to that particu-
 10    lar  seed or commercial crop industry or to individual growers, information as
 11    to test results, location, acreage involved and disease symptoms of that  par-
 12    ticular  seed  crop,  for  that  growing season, shall be available for public
 13    inspection and copying. This exemption shall not supersede the  provisions  of
 14    section  22-436,  Idaho  Code,  nor  shall this exemption apply to information
 15    regarding specific property locations subject to an open burning of crop resi-
 16    due pursuant to section 39-114, Idaho Code, names of persons  responsible  for
 17    the  open  burn,  acreage  and  crop  type  to  be burned, and time frames for
 18    burning.
 19        (10) Information obtained from books, records  and  accounts  required  in
 20    chapter  47,  title 22, Idaho Code, to be maintained by the Idaho oilseed com-
 21    mission and pertaining to the individual production records of  oilseed  grow-
 22    ers.
 23        (11) Records  of  any risk retention or self-insurance program prepared in
 24    anticipation of litigation or for analysis of or settlement  of  potential  or
 25    actual  money  damage  claims  against  a  public  entity and its employees or
 26    against the industrial special indemnity fund except as otherwise discoverable
 27    under the Idaho or federal rules  of  civil  procedure.  These  records  shall
 28    include,  but  are  not limited to, claims evaluations, investigatory records,
 29    computerized reports of losses, case reserves, internal documents  and  corre-
 30    spondence relating thereto. At the time any claim is concluded, only statisti-
 31    cal data and actual amounts paid in settlement shall be deemed a public record
 32    unless  otherwise  ordered  to be sealed by a court of competent jurisdiction.
 33    Provided however, nothing in this subsection is intended to limit the attorney
 34    client privilege or attorney work product privilege otherwise available to any
 35    public agency or independent public body corporate and politic.
 36        (12) Records of laboratory test results provided by  or  retained  by  the
 37    Idaho  food  quality  assurance  laboratory.  Nothing in this subsection shall
 38    limit the use which can be made, or availability of such information if  used,
 39    for regulatory purposes or its admissibility in any enforcement proceeding.
 40        (13) Reports  required to be filed under chapter 13, title 62, Idaho Code,
 41    identifying electrical or natural or manufactured gas consumption data for  an
 42    individual customer or account.
 43        (14) Voluntarily  prepared environmental audits, and voluntary disclosures
 44    of information submitted on or before December 31, 1997, to  an  environmental
 45    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
 46    dential business information.
 47        (15) Computer  programs developed or purchased by or for any public agency
 48    or independent public body corporate and politic for its own use. As  used  in
 49    this  subsection,  "computer program" means a series of instructions or state-
 50    ments which permit the functioning of a computer system in a  manner  designed
 51    to  provide storage, retrieval and manipulation of data from the computer sys-
 52    tem, and any associated documentation and source material that explain how  to
 53    operate the computer program. Computer program does not include:
 54        (a)  The  original  data  including,  but  not  limited to, numbers, text,
 55        voice, graphics and images;


  1        (b)  Analysis, compilation and other manipulated  forms  of  the  original
  2        data produced by use of the program; or
  3        (c)  The  mathematical  or  statistical formulas that would be used if the
  4        manipulated forms of the original data were to be produced manually.
  5        (16) Active investigative records and trademark usage audits of the Idaho
  6    potato commission specifically relating to  the  enforcement  of  chapter  12,
  7    title 22, Idaho Code, until the commencement of formal proceedings as provided
  8    by  rules  of  the commission; purchase and sales information submitted to the
  9    Idaho potato commission during a trademark usage audit, and  investigation  or
 10    enforcement  proceedings.  Inactive  investigatory  records shall be disclosed
 11    unless the disclosure would violate the standards  set  forth  in  subsections
 12    (1)(a)  through  (f)  of section 9-335, Idaho Code. Nothing in this subsection
 13    shall limit the use which can be made, or availability of such information  if
 14    used, for regulatory purposes or its admissibility in any enforcement proceed-
 15    ing.
 16        (17) All  records  copied or obtained by the director of the department of
 17    agriculture or his designee as a result of an inspection pursuant  to  section
 18    25-3806, Idaho Code, except:
 19        (a)  Records otherwise deemed to be public records not exempt from disclo-
 20        sure pursuant to this chapter; and
 21        (b)  Inspection reports, determinations of compliance or noncompliance and
 22        all other records created by the director or his designee pursuant to sec-
 23        tion 25-3806, Idaho Code.
 24        (18) All  data  and information collected by the division of animal indus-
 25    tries or the state brand board pursuant to the provisions of section  25-207B,
 26    Idaho Code, or rules promulgated thereunder.
 27        (19) Records  disclosed  to  a county official by the state tax commission
 28    pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
 29        (20) Records, data, information and materials collected, developed, gener-
 30    ated, ascertained or discovered during the course of academic research at pub-
 31    lic institutions of higher education if the disclosure of such  could  reason-
 32    ably affect the conduct or outcome of the research, or the ability of the pub-
 33    lic  institution  of  higher education  to patent or copyright the research or
 34    protect intellectual property.
 35        (21) Records, data, information and materials collected or utilized during
 36    the course of academic research at public  institutions  of  higher  education
 37    provided  by  any person or entity other than the public institution of higher
 38    education or a public agency.
 39        (22) The exemptions from disclosure provided in subsections (20) and  (21)
 40    of  this  section  shall  apply  only  until the academic research is publicly
 41    released, copyrighted or patented, or until the academic research is completed
 42    or terminated. At such time, the records,  data,  information,  and  materials
 43    shall  be  subject  to public disclosure unless: (a) another exemption in this
 44    chapter applies; (b) such information was provided to the institution  subject
 45    to a written agreement of confidentiality; or (c) public disclosure would pose
 46    a danger to persons or property.
 47        (23) The  exemptions from disclosure provided in subsections (20) and (21)
 48    of this section do not include basic information about a  particular  research
 49    project  that is otherwise subject to public disclosure, such as the nature of
 50    the academic research, the name of the researcher, and the amount  and  source
 51    of the funding provided for the project.
 52        (24) Records  of  a  county  assessor  containing  information showing the
 53    income and expenses of a taxpayer,  which  information  was  provided  to  the
 54    assessor  by  the  taxpayer  to  permit the assessor to determine the value of
 55    property of the taxpayer.


  1        (25) Results of laboratory tests which have no known  adverse  impacts  to
  2    human  health  conducted  by  the Idaho state department of agriculture animal
  3    health laboratory, related to diagnosis of animal diseases of individual  ani-
  4    mals or herds, on samples submitted by veterinarians or animal owners unless:
  5        (a)  The  laboratory test results indicate the presence of a state or fed-
  6        erally reportable or regulated disease in animals;
  7        (b)  The release of the test results is required by state or federal  law;
  8        or
  9        (c)  The  test  result is identified as representing a threat to animal or
 10        human health or to the livestock industry by the Idaho state department of
 11        agriculture or the United States department  of  agriculture.  Nothing  in
 12        this  subsection shall limit the use which can be made, or availability of
 13        such information if used, for regulatory purposes or its admissibility  in
 14        any enforcement proceeding, or the duty of any person to report contagious
 15        or infectious diseases as required by state or federal law.
 16        (256) Results  of laboratory tests conducted by the Idaho state department
 17    of agriculture seed laboratory on samples submitted by seed producers or  seed
 18    companies.  Nothing  in this subsection shall limit the use which can be made,
 19    or availability of such information pursuant to the provisions of  subsections
 20    (9) and (10) of section 22-418, Idaho Code.
 21        (257) For  policies that are owned by private persons, and not by a public
 22    agency of the state of Idaho, records of  policies,  endorsements,  affidavits
 23    and any records that discuss policies, endorsements and affidavits that may be
 24    required to be filed with or by a surplus line association pursuant to chapter
 25    12, title 41, Idaho Code.

 26        SECTION  3.  Any moneys in the state Agricultural Smoke Management Account
 27    referenced in Section 22-4804, Idaho Code, which are  unexpended  or  unencum-
 28    bered  on  June  30,  2008,  shall  be paid over to the State Treasurer by the
 29    Department of Agriculture and deposited in the General Fund.

 30        SECTION 4.  That Chapter 48, Title 22, Idaho Code, be,  and  the  same  is
 31    hereby repealed.

 32        SECTION  5.  That  Section 39-6717, Idaho Code, be, and the same is hereby
 33    amended to read as follows:

 34        39-6717.  SAVINGS CLAUSE. Nothing in this chapter shall  alter  or  affect
 35    the  provisions  of  chapter 48, title 22 section 39-114, Idaho Code, on smoke
 36    management and the open burning of crop residue. disposal.

 37        SECTION 6.  An emergency existing  therefor,  which  emergency  is  hereby
 38    declared to exist, this act shall be in full force and effect on and after its
 39    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 18000

This bill repeals the Smoke Management and Crop Residue Disposal
Act administered by the Idaho Department of Agriculture and
creates a new statute providing the Department of Environmental
Quality (DEQ) with the authority to administer the open burning
of crop residue.  The proposed legislation requires approval from
DEQ prior to the burn and prohibits DEQ from granting that
approval if it determines that ambient air-quality levels exceed
or are projected to exceed seventy-five percent (75%) of the
level of any national air ambient air quality standard on any
burn day or eighty percent (80%) of the one hour action criteria
for particulate matter under IDAPA 58.01.557; and it sets a two
dollar $2.00)per acre fee for burning.  The bill also requires
DEQ to conduct further air-quality analysis prior to allowing the
burning of more than 20,000 acres of bluegrass within the state,
which does not include tribal lands within the reservation
boundaries as recognized by the federal Clean Air Act.  It also
revises the public records act to specifically allow the public
disclosure of the names(s) of persons responsible for the
burning, the location, crop type, acres to be burned and times of

                         FISCAL NOTE

The enactment of this legislation will have one-time initial
start up expenses of $186,700 as well as ongoing program costs
estimated to be $419,700 for a total impact of $606,377 to the
General Fund for FY 2009.  In addition to funding, the Department
of Environmental Quality has indicated this program will require
two additional full time positions and several seasonal

To offset initial program costs, the Department of Agricultural
will transfer $209,000 to the General Fund from the current field
burning program.  This transfer will reduce the total General
Fund impact in FY 2009 to $397,377.  This free fund balance is
the result of previous years fees paid to the state by landowners
for field burning.

All future receipts remitted to the state for field burning under
this bill shall be transferred to the General Fund to help with
the ongoing program costs.

Contact: Representative Ken Roberts; Representative Paul Shepherd
         Phone (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE                           H 557   

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