TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 1

DEPARTMENT OF AGRICULTURE

22-101A.  Rules of the director. (1) The legislature directs that any rule proposed by the director that is broader in scope or more stringent than federal law or regulations, or proposes to regulate an activity not regulated by the federal government, is subject to the following additional requirements: the notice of proposed rulemaking and rulemaking record requirements under chapter 52, title 67, Idaho Code, must clearly specify that the proposed rule, or portions of the proposed rule, are broader in scope or more stringent than federal law or regulations, or regulate an activity not regulated by the federal government, and must delineate which portions of the proposed rule are broader in scope or more stringent than federal law or regulations or regulate an activity not regulated by the federal government.

(2)(a)  In proposing any rule or portions of any rule pursuant to chapter 49, title 22, Idaho Code, chapter 38, title 25, Idaho Code, or chapters 4 and 6, title 37, Idaho Code, the director shall:  

(i)   Utilize the best peer reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, if available;

(ii)  Utilize data collected by accepted methods, or best available methods, if the reliability of the method and the nature of the decision justify use of the data, provided that special consideration shall be given to site-specific, local, statewide, and regional data, including economic information;

(iii) Explain how the rules are consistent with applicable legislative findings, policy, and intent; and

(iv)  Make available for public review and comment, before making a rulemaking decision, all scientific studies, including underlying methodology, intended to be relied upon by the director.

Where not prohibited by federal or state law, the requirements imposed on agricultural operations shall be economically feasible, based on data, studies, and other information that may be presented to the director by interested parties to the rulemaking process.

(b)  For purposes of this subsection, "economically feasible" means that the requirements, when viewed singularly and cumulatively with other requirements, and the costs and burden of implementation of the same, on agricultural operations are reasonably achievable and attainable within the physical, operational, economic, and other constraints that affect such agricultural operations and their local communities. The highest cost or most modern management practices should not be the sole basis for rulemaking.

(3)  Any proposed rule subject to this section that proposes a standard necessary to protect human health and the environment shall also include in the rulemaking record requirements under chapter 52, title 67, Idaho Code, the following additional information:

(a)  Identification of each population or receptor addressed by an estimate of public health effects or environmental effects;

(b)  Identification of the expected risk or central estimate of risk for the specific population or receptor;

(c)  Identification of each appropriate upper bound or lower bound estimate of risk;

(d)  Identification of each significant uncertainty identified in the process of the assessment of public health effects or environmental effects and any studies that would assist in resolving the uncertainty; and

(e)  Identification of studies known to the director that support, are directly relevant to, or fail to support any estimate of public health effects or environmental effects and the methodology used to reconcile inconsistencies in the data.

(4)  The director shall also include a summary of the information required by subsection (3) of this section in the notice of rulemaking required by chapter 52, title 67, Idaho Code.

(5)  Any rule promulgated or adopted by the director that is broader in scope or more stringent than federal law or regulations, or that regulates an activity not regulated by the federal government, submitted to the standing committee of the legislature pursuant to section 67-5291, Idaho Code, shall include a notice by the director identifying the portions of the adopted rule that are broader in scope or more stringent than federal law or rules or that regulate an activity not regulated by the federal government.

(6)  Nothing provided herein is intended to alter the scope or effect of any other provision of state law that limits or prohibits agency action or rulemaking that is broader in scope or more stringent than federal law or regulations.

(7)  The provisions of this section place conditions on the director’s rulemaking authority, which authority is authorized pursuant to provisions other than those set forth in chapter 1, title 22, Idaho Code. Nothing provided in this section is intended to grant the director additional rulemaking authority.

(8)  The requirements of this section shall apply to the director’s promulgation of new rules as well as the amendment, extension, or renewal of rules in effect on the effective date of this act.

History:

[22-101A, added 2011, ch. 233, sec. 1, p. 636; am. 2021, ch. 128, sec. 1, p. 373.]