Amends existing law to provide that the commission be established in the Idaho Department of Water Resources.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 503 BY RESOURCES AND CONSERVATION COMMITTEE AN ACT1 RELATING TO THE SOIL AND WATER CONSERVATION COMMISSION; AMENDING SECTION2 22-2718, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE IDAHO STATE3 SOIL AND WATER CONSERVATION COMMISSION; AND DECLARING AN EMERGENCY AND4 PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 22-2718, Idaho Code, be, and the same is hereby7 amended to read as follows:8 22-2718. IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION. (1)9 There is hereby established and created in the department of agriculture10 department of water resources of the state of Idaho the Idaho state soil and11 water conservation commission which shall perform all functions conferred12 upon it by this chapter and shall be a nonregulatory agency.13 (a) The commission shall consist of seven (7) members appointed by the14 governor from divisions of the Idaho association of soil conservation15 districts as follows: one (1) member from division I, one (1) member16 from division II, one (1) member from division III, one (1) member from17 division IV, one (1) member from division V, one (1) member from divi-18 sion VI, and one (1) at-large member appointed at the governor's discre-19 tion.20 (b) Commission members shall be chosen with due regard to their demon-21 strated expertise, including knowledge of conservation districts and22 their functions, knowledge of production agriculture, knowledge of23 banking or other similar financial experience, or experience as a24 county commissioner.25 (c) Commissioners serving on July 1, 2022, will be assigned to the di-26 visions that they would represent. On July 1, 2022, current commission-27 ers, at the will of the governor, will be reappointed to the position28 representing the divisions in which they live.29 (d) For divisions that have vacant positions, or divisions with no cur-30 rent commissioner residing there, the division shall submit a list of31 up to three (3) names for each open commission position. The governor32 shall appoint commission seats from the list submitted.33 (e) The term of each commissioner shall be for five (5) years, with the34 ability to serve two (2) terms; except that on July 1, 2022, the terms of35 each commission position will be reset: The term of the commissioners36 from districts I and IV will be set for two (2) years. The term of the37 commissioners from districts II and V will be set for three (3) years.38 The term of the commissioners from districts III and VI and the at-large39 commissioner will be set for four (4) years. From and after the initial40 appointment or reappointment, commissioners may serve two (2) full41 terms of five (5) years, in addition to their initial appointment. From42

2 and after the initial appointment, the corresponding division shall1 provide the list of three (3) names to the governor to choose from on or2 before July 1 of each year with a vacancy.3 (f) Each vacancy on the commission shall be filled by appointment by4 the governor following the guidelines set forth in this subsection. A5 vacancy that occurs in an unexpired term shall also be filled for its6 remainder by the governor's appointment following the guidelines set7 forth in this subsection. Each commissioner appointed to fill an unex-8 pired term may serve the length of the unexpired term and be eligible to9 be reappointed for an additional two (2) full terms.10 (g) All appointments shall be confirmed by the senate. Commission mem-11 bers shall serve at the pleasure of the governor. The commission may in-12 vite the state conservationist of the United States department of agri-13 culture natural resources conservation service, the dean of the uni-14 versity of Idaho college of agricultural and life sciences or his des-15 ignated representative, or any other person or entities the commission16 deems appropriate to serve as nonvoting advisory members of the commis-17 sion. The commission shall keep a record of its official actions, shall18 adopt a seal, which seal shall be judicially noticed, and may perform19 such acts, hold such public hearings, and promulgate such rules as may20 be necessary for the execution of its functions under this chapter.21 (2) The state soil and water conservation commission shall appoint22 the administrator of the state soil and water conservation commission. The23 state soil and water conservation commission may employ such technical ex-24 perts and such other agents and employees, permanent and temporary, as it25 may require, and shall determine their qualifications, duties and compen-26 sation. The commission may call upon the attorney general of the state for27 such legal services as it may require. It shall have authority to delegate to28 its chairman, to one (1) or more of its members, or to one (1) or more agents29 or employees, such powers and duties as it may deem proper. The commission30 may establish offices, incur expenses, enter into contracts and acquire31 services and personal property as may be reasonable for the proper adminis-32 tration and enforcement of this chapter. Upon request of the commission, for33 the purpose of carrying out any of its functions, the supervising officer of34 any state agency, or of any state institution of learning, shall insofar as35 may be possible under available appropriation, and having due regard to the36 needs of the agency to which the request is directed, assign or detail to the37 commission members of the staff or personnel of such agency or institution of38 learning, and make such special reports, surveys or studies as the commis-39 sion may request.40 (3) The commission shall designate its chairman, and may from time to41 time, change such designation. A majority of the commission shall consti-42 tute a quorum and the concurrency of a majority in any matter within their43 duties shall be required for its determination. The chairman and members of44 the commission shall be compensated as provided by section 59-509(h), Idaho45 Code. The commission shall provide for the execution of surety bonds for46 all employees and officers who shall be entrusted with funds or property;47 shall provide for the keeping of a full and accurate record of all proceed-48 ings and of all resolutions, and orders issued or adopted; and shall provide49 for a periodic management review of the accounts of receipts and disburse-50

3 ments as determined by the legislative auditor pursuant to section 67-702,1 Idaho Code.2 (4) In addition to the duties and powers hereinafter conferred upon the3 state soil and water conservation commission, it shall have the following4 responsibilities:5 (a) To offer such assistance as may be appropriate to the supervisors of6 soil conservation districts in the carrying out of any of their powers7 and programs.8 (b) To keep the supervisors of each of the several soil conservation9 districts informed of the activities and experience of all other soil10 conservation districts and to facilitate an interchange of advice and11 experience between such districts and cooperation between them.12 (c) To coordinate the progress of the several soil conservation dis-13 tricts so far as this may be done by advice and consultation.14 (d) To secure the cooperation and assistance of the United States and15 any of its agencies, and of agencies of this state, in the work of such16 districts.17 (e) To disseminate information throughout the state concerning the ac-18 tivities and programs of the soil conservation districts in areas where19 their organization is desirable.20 (f) To provide for the establishment and encouragement of the "Idaho21 OnePlan" as a primary computer-based conservation planning process for22 all natural resource concerns. Establishment and encouragement will23 be accomplished through an executive group and steering committee both24 containing private, state and federal representation. The information25 provided by those using the "Idaho OnePlan" shall be deemed to be trade26 secrets, production records or other proprietary information and shall27 be kept confidential and shall be exempt from disclosure pursuant to28 section 74-107, Idaho Code.29 (5) In addition to other powers, functions and duties of soil conserva-30 tion districts and the state soil and water conservation commission provided31 in this chapter, the commission shall have the following additional powers,32 functions and duties:33 (a) The commission shall conduct, in cooperation with appropriate fed-34 eral and state agencies and the owners and operators of privately owned35 forest lands, rangelands and agricultural lands in this state, conser-36 vation improvements on or in respect to these lands for the purposes of37 implementing conservation systems to conserve and improve natural re-38 source conditions;39 (b) The commission shall assist and advise soil conservation districts40 and other entities in implementing the conservation improvements,41 projects and the water quality program for agriculture. To the extent42 that there are available general funds, the commission shall provide43 for grants and cost-share opportunities and, as legislatively desig-44 nated, utilize the resource conservation and rangeland development45 fund for loans for conservation improvements. Provided however, that46 the commission shall determine whether general or resource conserva-47 tion and rangeland development funds are available before approving any48 conservation improvements, projects and cost-share opportunities and,49

4 after having made such determination, shall enter into the necessary1 contracts for implementation;2 (c) The commission shall be the agency responsible for the administra-3 tion of funds accruing to the resource conservation and rangeland de-4 velopment fund and for all general funds appropriated as a separate and5 distinct action of the legislature to implement the powers, functions6 and duties of soil conservation districts and the commission;7 (d) On or before March 1 of each year, the commission shall report to the8 senate agricultural affairs committee and the house agricultural af-9 fairs committee; and10 (e) The commission shall promulgate such rules as are necessary to11 carry out the purposes of this chapter.12

SECTION 2. An emergency existing therefor, which emergency is hereby13 declared to exist, this act shall be in full force and effect on and after14 July 1, 2026.15