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Committee approves temporary rule implementing chemigation licensing changes from House Bill 549
Summary
The House Agriculture Affairs Committee approved a temporary rule to implement House Bill 549 by creating a separate chemigation license category, simplifying options for growers to obtain a license through training or on-site verification instead of an exam.
The House Agriculture Affairs Committee approved a temporary rule that implements changes from House Bill 549 to create a separate chemigation applicator license and simplify how growers obtain that license.
Brian Slabaugh, administrator for the Division of Agricultural Resources at the Idaho State Department of Agriculture (ISDA), told the committee the temporary rule separates chemigation from pesticide licensing and "recategorize[s] chemigation no longer as a pesticide license category, but its own license," a change he said was intended to make the process easier for growers who inject fertilizer through irrigation systems.
"We developed the process for chemigator licensing," Slabaugh said, summarizing section 151 of the draft rule. He described multiple paths to licensure: the traditional exam, an approved training module developed with the University of Idaho in 2021, in-person trainings, and on-site inspection and verification by ISDA staff. Slabaugh said the on-site option allows growers to demonstrate understanding of equipment and safe application practices without taking an exam.
Committee members questioned stakeholder outreach and participation during negotiated rulemaking. Representative Miller asked how widely the department reached industry for input. Slabaugh said the department held a negotiated rulemaking meeting on July 11, 2024, and that eight members of the public attended that meeting. Deputy Director Lloyd Knight added that ISDA sent an email blast to "5,000 plus" license holders on June 5 and worked with organizations such as the Farm Bureau to publicize the change.
"We originally, when the bill passed out of the legislature, it had an emergency clause... We needed to update the rule to follow the statute," Knight said, explaining why the department used a temporary rule. Knight said the department also offers hybrid (in-person and virtual) participation for rulemaking to reach stakeholders across the state.
Representative McCann moved that the committee approve the chemigation/related pesticide management docket (the committee record identifies the item as the ISDA chemigation/ground water protection rulemaking). Committee members voted in favor and the docket was approved by voice vote.
Why it matters: House Bill 549 changed how chemigation licensing is handled in Idaho law; the rule implements that statutory change by creating a standalone chemigation license and offering multiple pathways to licensure. ISDA staff told the committee the change is intended to make licensing more accessible, provide on-site technical support and reduce regulatory barriers for growers who apply fertilizers through irrigation systems.
What to expect: the department will publish the chemigation protocol and training resources on its website, and staff said they will continue inspections and outreach. Deputy Director Knight said ISDA uses protocols and guidance documents on its website to provide technical standards and training materials; the rule references department protocols that will be published to support inspection and training activities.
