AIC Legislative Summit Friday, December 1, 2017 9:00 a.m. Boise Centre East Room 420 850 West Front Street, Boise 9:00 a.m. 9:15 a.m. 9:30 a.m. 10:10 a.m. 10:30 a.m. 11:00 a.m. 11:20 a.m. 11:40 a.m. Noon 1:15 p.m. 1:30 p.m. 2:00 p.m. 2:15 p.m. 2:30 p.m. 2:40 p.m. 2:50 p.m. 3:00 p.m. Welcome & Introductions. AIC President Jeri DeLange Councilor, Hayden AIC Legislative Chair John Evans Mayor, Garden City Update on Administrative Hearing Officer Legislative Interim Committee. Rep. Lynn Luker, Boise Member, Administrative Hearing Officer Interim Committee Magistrate Court Funding Update. Jerry Mason, AIC Counsel Initiative/Referendum for Land Use Policies & Decisions (attachment pgs. 1 7). Ax Yewer & Lorna Jorgensen, Ada County Prosecutor s Office DEQ Legislative Package & Idaho Pollutant Discharge Elimination System (IPDES) Update (attachment pgs. 8 13). Barry Burnell, Water Quality Division Administrator, Idaho Dept. of Environmental Quality Report on Campaign Finance Legislative Interim Committee. Tim Hurst, Chief Deputy, Idaho Secretary of State s Office Report on Commercial Vehicle Annual Registration Fee Legislative Interim Committee. Elizabeth Bowen, Senior Legislative Research Analyst, Idaho Legislative Services Office Land Use Coordination with Irrigation & Utilities (attachment pg. 14). Paul Arrington, Executive Director, Idaho Water Users Association Shelley Davis, Barker Rosholt & Simpson Lunch (On Your Own). Repeal of Sales Tax on Groceries. Senator Cliff Bayer, Meridian Proposed Legislation on Revenue Sharing County Distribution Formula. Mayor Dana Kirkham, City of Ammon Proposed Legislation to Clarify Cities Authority to Adopt Recently Issued Building Codes (attachment pgs. 15 & 16). Brody Aston, Representing the Idaho Association of Building Officials Proposed Legislation Restricting Using Public Funds, Resources or Property to Support or Oppose Candidates or Bond Issues (attachment pgs. 17 20). Nick Miller, Hawley Troxell Idaho Rural Partnership Broadband Task Force Update. Bruce Patterson, Technology Director, Ammon Preview of AIC City Officials Day at Capitol & Water Summit (attachment pgs. 21 23). Jess Harrison, Executive Director, Association of Idaho Cities Johanna Bell, Environmental Policy Analyst, Association of Idaho Cities Other Discussion. Adjourn.
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8 STATEMENT OF PURPOSE RS25702 The proposed legislation is necessary for Idaho to receive authorization to implement a state National Pollutant Discharge Elimination System (NPDES) program to be known as the Idaho Pollutant Discharge Elimination System (IPDES) program. The proposed legislation 1) ensures the Idaho Department of Environmental Quality (DEQ) has the authorities required by the US Environmental Protection Agency (EPA) for IPDES regulation of poultry operations; 2) corrects references of the national program to the state program; 3) provides for legislative approval of the memorandum of agreement negotiated between DEQ and EPA; 4) excludes permitting authority for vessels regulated by EPA under a nationwide general permit; and 5) establishes a dedicated fund for collecting IPDES fees. The 2014 Legislature passed House Bill 406 directing DEQ to pursue development of the IPDES program. Part of the program development includes the assessment of fees. The IPDES fee schedule was developed through negotiated rulemaking in 2015 and approved by the 2016 Legislature. The state expects to obtain approval of the IPDES program on July 1, 2018. Fees will not be assessed until one full year after IPDES program approval. Fee collection would start July 1, 2019 for the municipal permittees, July 1, 2020 for industrial permittees, and July 1, 2022 for storm water permittees. An expenditure report on how DEQ manages fees levied on those obtaining IPDES permits from the agency will be provided to the Legislature and Governor annually. This legislation will establish a dedicated fund for the IPDES program to provide better accountability and transparency. A dedicated fund enables the Legislature and State Controller to view all revenues and expenditures from the Statewide Accounting and Reporting System (STARS), and allows DEQ to complete an accurate fee expenditure report. FISCAL NOTE To the extent any poultry operations are regulated by EPA under the Clean Water Act's discharge program, those facilities would instead be regulated by DEQ under an approved IPDES program. IPDES fees will not apply to poultry general permits. The overall IPDES program cost estimate is $3M annually and includes 29 full-time employees. Two million of the estimated cost will come from the general fund, $168K will come from federal funds, and the remainder will come from fees. Contact: Barry Burnell Environmental Quality, Dept. of 208-373-0194 Statement of Purpose/Fiscal Note Bill No.
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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Relating to approval of plats by certain special districts. Be it enacted by the State of Idaho: SECTION 1. Section 2 of this Act is added to and made a part of Idaho Code Title 31, Chapter 38. SECTION 2. (1) Prior to approving or amending a plat of subdivision partition subject to review under Idaho Code section 31-3805 and located in whole or in part within the boundaries, an easement or a right of way of an irrigation district, canal company, drainage district, water control district, irrigation delivery organization or water improvement district, the governing body of a county or city shall submit written notice of the plat or amendment to the district for comment and endorsement thereon. (2) Within sixty (60) days of receiving written notice under subsection (1) of this section, the district, canal company or delivery organization may submit to the governing body of the city or county a statement containing any information or recommended conditions for approval of the plat or amendment relating to the structural integrity or maintenance right of way or easement of: (a) Irrigation facilities; (b) District water supply: (c) Public safety; (d) Potential liabilities of the district or organization; (e) Other potential exposure of the district. (3) The district, canal company or delivery organization shall base the information and recommended conditions of approval included in the statement described in subsection (2) of this section on rules, policies and regulations adopted by the district, canal company or delivery organization, and/or on obligations of the district, canal company or delivery organization imposed pursuant to Idaho Code. (4) If the district, canal company or delivery organization that receives written notice of a plat or amendment from the governing body of a county or city under subsection (1) of this section fails to provide a statement to the city or county governing body of conditions of approval of the plat, or amendment thereof, or otherwise take action within sixty (60) days, the plat may be approved by the governing body of a county or city without comment. Failure of the district, canal company or delivery organization to provide a statement on the plat, or amendment, in no way affects the continued legal authority and obligation to carry out the normal maintenance, delivery, and construction functions of the district, canal company or delivery organization. (5) Within sixty (60) days of any change made to the boundaries of a district, canal company or delivery organization, written notice of such boundary change shall be provided to any affected county or city.
15 IDABO s Proposed Legislation to clarify Cities ability to Adopt Recently Issued Building Codes. This is not a change in practice. Currently 14 municipalities are moving forward with adopting building codes. The Idaho Division of Building Safety and the Building Contractors have previously recognized the ability of cities to adopt building codes. This legislation is seeking to clarify any confusion around this practice. The proposed changes are found below: TITLE 39 HEALTH AND SAFETY CHAPTER 41 IDAHO BUILDING CODE ACT 39-4116. LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1) Local governments enforcing building codes shall do so only in compliance with the provisions of this section. Local governments that have not previously instituted and implemented a code enforcement program prior to the effective date of this act may elect to implement a building code enforcement program by passing an ordinance evidencing the intent to do so. Local governments may contract with a public or private entity to administer their building code enforcement program. (2) Local governments that issue building permits and perform building code enforcement activities shall, at a minimum, by ordinance effective January 1 of the year following the adoption by the Idaho building code board, adopt the following codes as published by the International Code Council together with any amendments or revisions set forth in section 39-4109, Idaho Code, including subsequent versions of the International Building Code as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this chapter: (a) International Building Code, including all rules promulgated by the board to provide equivalency with the provisions of the Americans with disabilities act accessibility guidelines and the federal fair housing act accessibility guidelines; (b) Idaho residential code, parts I-IV and IX; and (c) Idaho energy conservation code. Local governments are not required by this chapter to adopt the other referenced codes in the International Building Code. (3) All single family homes and multiple family dwellings up to two (2) units are hereby exempted from the provisions of the International Fire Code, the International Building Code and the Idaho residential code that require such dwellings to have automatic fire sprinkler systems installed. Nothing in this section shall prevent any person from voluntarily installing an automatic fire sprinkler system in any residential dwelling. (4) Local governments may amend by ordinance the adopted codes or provisions of referenced codes to reflect local concerns, provided such amendments establish at least an equivalent level of protection to that of the adopted building code. A local jurisdiction shall not
16 have the authority to amend any accessibility provision pursuant to section 39-4109, Idaho Code, except as provided in paragraphs (a) and (b) of this subsection. (a) A local jurisdiction shall not have the authority to amend any accessibility provision pursuant to section 39-4109, Idaho Code. (b) A local jurisdiction shall not may adopt any provision of the International Building Code or Idaho residential code or appendices thereto that has not been adopted or that has been expressly rejected or exempted from the adopted version of those codes by the Idaho building code board through the negotiated rulemaking process as provided in section 39-4109, Idaho Code provided that such adoption establish at least an equivalent level of protection or adopts a newer version of the same code. Provided however, that, after a finding by the local jurisdiction that good cause exists for such an amendment to such codes and that such amendment is reasonably necessary, a A local jurisdiction may adopt such provision by ordinance in accordance with the provisions of chapter 9, title 50, Idaho Code, and provided further that such local jurisdiction shall conduct a public hearing and, provided further, that notice of the time and place of the public hearing shall be published in the official newspaper or paper of general circulation within the jurisdiction and written notice of each of such public hearing and the proposed language shall be given by the local jurisdiction to the local chapters of the entities identified in section 39-4109(5), Idaho Code, not less than thirty (30) days prior to such hearing. In the event that there are no local chapters of such entities identified in section 39-4109(5), Idaho Code, within the local jurisdiction holding the hearings, the notice shall be provided to the state associations of the respective entities. (5) Local governments shall exempt agricultural buildings from the requirements of the codes enumerated in this chapter and the rules promulgated by the board. A county may issue permits for farm buildings to assure compliance with road setbacks and utility easements, provided that the cost for such permits shall not exceed the actual cost to the county of issuing the permits. (6) Permits shall be governed by the laws in effect at the time the permit application is received. (7) The division shall retain jurisdiction for in-plant inspections and installation standards for manufactured or mobile homes and for in-plant inspections and enforcement of construction standards for modular buildings and commercial coaches.
17 LEGISLATURE OF THE STATE OF IDAHO Sixty-Fifth Legislature Second Regular Session - 2018 AN ACT RELATING TO USE OF PUBLIC FUNDS IN ELECTIONS; AMENDING TITLE 74, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 6, TITLE 74, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE INTENT, TO PROHIBIT THE USE OF PUBLIC FUNDS IN ELECTIONS, AND TO PROVIDE FOR CONSEQUENCES OF VIOLATIONS. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Title 74, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 6, Title 74, Idaho Code, and to read as follows: CHAPTER 6 ELECTION ACTIVITIES OF PUBLIC ENTITIES ACT 74-601. SHORT TITLE. This act shall be known and may be cited as the Election Activities of Public Entities Act. 74-602. LEGISLATIVE INTENT. The legislature finds that it is against public policy for public funds, resources or property to be used to advocate for or against any candidate or ballot measure, and that therefore no public funds, resources or property may be used by a public entity, its officers, or employees in advocating for against the election of any candidate, ballot measure, except as provided in this Chapter. 74-603. DEFINITIONS. As used in this Chapter: (1) (a) Advocate means to campaign for or against a candidate or the outcome of a ballot measure. (b) advocate does not mean providing factual information about a ballot measure and the public entity s reason for the ballot measure stated in a factually neutral manner. (2) Ballot measure means constitutional amendments, initiatives, referenda, bond measures, levy measures, or other questions submitted to the voters for their approval or rejection. - 1-46270.0002.10038242.9
18 (3) Candidate means and includes every person for whom it is contemplated or desired that votes be cast at any political convention, primary, general or special election, and who either tacitly or expressly consents to be so considered. (4) Expenditure means: (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value; (b) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value; or (c) goods, services, equipment, computer software and hardware, other items of intangible property, or facilities provided to or for the benefit of a candidate, a candidate s personal campaign committee, a political issues committee for political purposes, or in support of or against advocacy for a ballot measure or candidate. (5) Public Entity includes the state, each state agency, each county, municipality, school district or other taxing district or public corporation, empowered to submit ballot measures to its electors. (6) Public Funds means any money received by a public entity from appropriations, taxes, fees, interest, or other returns on investment. (7) (a) Public Official means an elected or appointed member of government with authority to make or determine public policy. (b) Public official includes the person or group that: (i) has supervisory authority over the personnel and affairs of a public entity; and (ii) approves the expenditure of funds for the public entity. (8) State Agency means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, or other administrative unit of the state. 74-604. PUBLIC FUNDS PROHIBITED. Unless specifically required by law, and except as provided in this Chapter, a public entity may not make, and a public official may not authorize, an expenditure from public funds to advocate for or against a candidate or a ballot measure. 74-605. EXCLUSIONS. Nothing in this Chapter shall prohibit: - 2-46270.0002.10038242.9
19 (1) a public official from speaking, campaigning, contributing personal money, or otherwise exercising the public official s individual First Amendment rights for political purposes, provided no public funds are used for expenditures supporting the public official in such activity; (2) a public entity from the neutral encouragement of voters to vote; (3) an elected official from campaigning or advocating for or against a ballot measure, provided no public funds are used for expenditures supporting the elected official in such activity; (4) a public entity from preparing and distributing to electors an objective statement explaining the purpose and effect of the ballot measure, including in the case of bond or levy elections the cost per taxpayer or taxable value, or similar information based on reasonable estimates prepared in good faith; (5) the formulation and publication of statements regarding proposed amendments to the state constitution, as authorized by sections 67-453 and 34-1812C, Idaho Code; or (6) the publication of information described in sections 34-1406, Idaho Code, 34-439 Idaho Code, 34-439A Idaho Code, as applicable, or other provisions of law requiring notices and disclosures in connection with elections and ballot measures. 74-606. VIOLATIONS; REMEDIES. (1) Any public official who conducts or participates in an activity that violates the provisions of this chapter shall be subject to a civil penalty not to exceed two hundred and fifty dollars ($250). (2) Any public official who knowingly violates the provisions of this chapter shall be subject to a civil penalty not to exceed one thousand five hundred dollars ($1,500). (3) Any public official who knowingly violates any provision of this chapter and who has previously admitted to committing or has been previously determined to have committed a violation pursuant to subsection (2) of this section within the twelve (12) months preceding this subsequent violation shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500). (4) The attorney general shall have the duty to enforce this chapter in relation to public agencies of state government, and the prosecuting attorneys of the various counties shall have the duty to enforce this chapter in relation to local public agencies within their respective jurisdictions. In the event that there is reason to believe that a violation of the provisions of this act has been committed by members of a board of county commissioners or, for any other reason a county prosecuting attorney is deemed disqualified from proceeding to enforce this act, the prosecuting attorney or - 3-46270.0002.10038242.9
20 board of county commissioners shall seek to have a special prosecutor appointed for that purpose as provided in section 31-2603, Idaho Code. (5) In addition to the remedies in Subsections (1) through (4), intentional violations of the provisions of this chapter may be considered a use of public moneys for a purpose not authorized by law as provided in section 18-5702, Idaho Code. - 4-46270.0002.10038242.9
21 SAVE the date AIC Water Summit January 22, 2018 The Riverside Hotel 2900 W Chinden Blvd Boise, ID 10 am - 5:30 pm More detailed information to come at www.idahocities.org City Officials Day at the Capitol The largest gathering of City Officials and State Legislators in Idaho! January 23, 2018 9 am - 3 pm Boise Centre
22 9:00am: Registration Opens Association of Idaho Cities 3100 South Vista, Suite 201, Boise, Idaho 83705 Telephone (208) 344 8594 Fax (208) 344 8677 www.idahocities.org 2018 Water Summit Agenda 10:00am: Welcome/Introductions & Purpose of Summit Overview 10:15am: Cooperative Federalism (Tom Dupuis & Haley Falconer) 11:00am: Stormwater Management & Funding (Troy Tymeson, Les MacDonald, & Johanna Bell) 11:45am: Lunch Keynote Idaho Water Recharge: Past, Present, & Future 1 (Wesley Hipke & Brian Patton) 1:15pm: Water Re Use Task Force (Elaine Clegg with TF Members) 2:00pm: Municipal Water Rights (ESRP; Emmert) (Chris Bromley & Candice McHugh) 2:30pm: Refreshment Break 2:45pm: Idaho Primacy and Water Quality Issues (Barry Burnell & Staff) 3:30pm: Refreshment Break 3:45pm: Regional Breakout Session Select New Regional Representative (2 year terms) Recap Past Year s Water Related Challenges List of Emerging Issues and Ongoing Needs 4:30pm: Regional Report Back & Refreshment Break 2 4:45pm: Wrap Up Develop AIC Combined Focus 5:30pm: Adjourn Facilitated discussion based on regional Report Back AIC Next Steps Looking Ahead (Water Re Use TF; Annual Conference; etc.) 1 Includes an overview of the April 2017 adopted legislation authorizing IDWR to allow the temporary use of flood water for recharge. 2 Reps from each region will provide a brief summary to AIC Staff for compilation. 1
23 Date: January 22, 2018 Time: 10:00am 5:30pm (mountain time) Location: The Riverside, Boise, Idaho Cost: $65 AIC members; $95 non members Target Audience: All city elected officials, clerks, administrators, public works professionals, and staff working directly in water, wastewater, and stormwater programs. Important Note: A key component of the 2018 Summit will be the selection of new regional representatives to serve on the AIC Municipal Water Users Group oversight board. Purpose/Background: The 2018 Water Summit will focus on current and emerging hot topic water policy issues affecting cities including, but not limited to: water rights, water quality, and stormwater. This is the second AIC Water Summit. This meeting is being held in Boise to make travel easy on all of AIC s members, including those that plan to attend the City Officials at the Capital (January 23 rd ) and the AIC Board Meeting (January 24 th ). Special Discounts The Idaho Water Users Winter Convention is co located at the Riverside Hotel from January 22 nd to the 25 th. The Idaho Water Users will offer a discounted Member Rate registration fee to their Winter Convention of $210 to AIC members attending the Water Summit. AIC will offer a discounted Promo Code rate to the Water Summit of $80 to Idaho Water Users attending the Winter Convention. 2