Rulemaking

The documents linked in the text below are archived records.

2019/2020 Rulemaking

In 2019, Governor Brad Little issued executive order 2019-02, instructing all state agencies to “undertake a critical and comprehensive review of the agency’s administrative rules to identify costly, ineffective, or outdated regulations.” The Governor titled his effort the “Red Tape Reduction Act.” The IWRB and IDWR undertook a series of rulemaking actions in 2019 and 2020 to carry out the Governor’s red tape reduction (“RTR”) rulemaking effort.

Also in 2019, for the first time in recent memory, the legislature did not pass a “going home bill” reauthorizing all of Idaho’s administrative rules as required by Idaho Code § 67-5292. Idaho law requires the legislature to reauthorize all administrative rules annually, else they expire at the end of the current fiscal year (i.e., June 30).

In response to the Legislature’s non-actions, the Governor seized the opportunity to combine his RTR rulemaking effort with the temporary rulemaking requirements that resulted from the Legislature’s failure to reauthorize the administrative rules, to greatly streamline and simplify his comprehensive RTR rulemaking review and reauthorization process.

During 2019, the IWRB and IDWR carried out their RTR and temporary rulemaking actions, which resulted in the elimination of approximately 20% of their total rules and rule restrictions. The IWRB and IDWR RTR rulemaking efforts resulted in the publication of two pending omnibus rules, which they submitted for legislative review and approval during the 2020 Legislative session. The first docket, No. 37-0000-1900, contained all non-fee rule chapters in IDAPA 37. The second docket, No. 37-0000-1900F, contained all fee rule chapters in IDAPA 37. The Legislature approved Docket No. 37-0000-1900 but adjourned without approving Docket No. 37-0000-1900F. Below is a summary of the status of IDWR’s 2019 rulemaking.

Docket No. 37-0000-1900, Final Rule

• Rulemaking initiated to adopt and re-publish existing and previously approved and codified non-fee rule chapters under IDAPA 37.Status: Approved by the Second Session of the 65th Idaho Legislature. The Rule became final and effective March 20, 2020.

Docket No. 37-0000-1900F, Pending Fee Rule

• Rulemaking initiated to adopt and re-publish existing and previously approved and codified fee rule chapters under IDAPA 37.Status: The Second Session of the 65th Idaho Legislature was adjourned without the passage of a concurrent resolution adopting Docket No. 37-0000-1900F. On February 21, 2020, the IWRB and IDWR adopted all IDAPA 37 fee rules as temporary to be effective upon adjournment sine die of the legislative session, in the event the legislature did not adopt Docket No. 37-0000-1900F. 

2020/2021 Rulemaking

In 2020, for the second year in a row, the Legislature adjourned without passing a “going home bill” reauthorizing all of Idaho’s administrative rules. As a result, the IWRB and IDWR adopted all of their fee rules as temporary rules to ensure their effectiveness. The Temporary Fee rules were published as Docket No. 37-0000-2000F. To ensure on-going authorization, the Temporary Fee Rules were also published as Proposed and Pending Rules and submitted to the Idaho Legislature for review during the 2021 session.

Docket No. 37-0000-2000F, Temporary Fee Rule

• Rulemaking initiated to adopt IDAPA 37 fee rule chapters as they were presented in the pending rule docket adopted by the IWRB and IDWR in 2019 and submitted to the Second Regular Session of the 65th Idaho Legislature for review as a temporary rule.

  Status: Temporary fee rules adopted by the IWRB and IDWR on February 21, 2020. Effective March 20, 2020. These Rules were published in the Administrative Bulletin Vol. 20-4SE, April 15, 2020.

Docket No. 37-0000-2000F, Proposed Fee Rule

• Rulemaking initiated to adopt IDAPA 37 fee rule chapters as they were presented in the pending rule docket adopted by the IWRB and IDWR in 2019 and submitted to the Second Regular Session of the 65th Idaho Legislature for review as a temporary rule.

  Status: Proposed fee rules were published in the Special Administrative Bulletin Vol. 20-9SE, September 16, 2020 (page 1946).

Docket No. 37-0000-2000F, Pending Fee Rule

• Rulemaking initiated to adopt IDAPA 37 fee rule chapters as they were presented in the pending rule docket adopted by the IWRB and IDWR in 2019 and submitted to the Second Regular Session of the 65th Idaho Legislature for review as a temporary rule.

  Status: Pending fee rules were published in the Special Administrative Bulletin Vol. 20-11SE, November 18, 2020 (page 1928).

2021/2022 Rulemaking: Omnibus Temporary Fee & Non-Fee Rulemaking

Docket 37-0000-2100

• The IWRB and IDWR are adopting all non-fee rules as temporary rules to be effective July 1, 2021, in the event the Legislature adjourns without reauthorizing all of Idaho’s administrative rules. After adopting the temporary non-fee rules, the IWRB and IDWR will work to reestablish the temporary rules as permanent rules by publishing them as proposed rules and then as pending rules, and then submitting them to the 2022 Idaho Legislature for review and approval. 
• On March 18, 2022, the 2022 Legislature adopted the Pending Rule for this rulemaking as “final and effective” thus concluding this rulemaking process.

Docket 37-0000-2100 Documents

• IWRB Resolution Authorizing Pending Rule Publication – November 19, 2021
• Idaho Admin Bulletin Vol. 21-10SE – October 20, 2021 (Docket No. 37-0000-2100, pages 4523 – 4546)
• IWRB Resolution Authorizing Proposed Rule Publication – September 30, 2021
• Idaho Admin. Bulletin Vol. 21-7SE – July 21, 2021 (Docket No. 37-0000-2100, pages 4808 – 4835)
• IWRB Resolution Adopting Temporary Non-Fee Rules – May 21, 2021
• Notice of Temporary Rulemaking – May 18, 2021

2022/2023 Rulemaking: Omnibus Temporary Fee & Non-Fee Rulemaking

Docket 37-0000-2200F

• Similar to rulemaking efforts in 2019, 2020 and 2021, IWRB and IDWR are again adopting all fee rules as temporary rules to be effective July 1, 2022, in the event the Legislature adjourns without passing a “going home bill” reauthorizing all of Idaho’s administrative rules.
• After adopting the temporary rules, the IWRB and IDWR will work to reestablish the temporary rules as permanent rules by publishing them as proposed rules and then as pending rules, and then submitting them to the 2023 Idaho Legislature for review and approval.

Docket 37-0000-2200

• The IWRB and IDWR are adopting all non-fee rules as temporary rules to be effective July 1, 2022, in the event the Legislature adjourns without reauthorizing all of Idaho’s administrative rules.
• After adopting the temporary non-fee rules, the IWRB and IDWR will work to reestablish the temporary rules as permanent rules by publishing them as proposed rules and then as pending rules, and then submitting them to the 2023 Idaho Legislature for review and approval.