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Council member Carver Herbert warns housing bills may strip local control, describes AIC opposition to HB 389 fix

Garden City Council · March 11, 2026
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Summary

Council member Carver Herbert told the Garden City Council that the Association of Idaho Cities is tracking nearly 60 bills, many of which may preempt local control; he said AIC opposed a proposed fix to House Bill 389 because it provides limited relief and could enable a citizen initiative to lower property taxes.

Council member Carver Herbert gave a legislative update summarizing bills of interest to cities and explaining the Association of Idaho Cities’ (AIC) positions.

"There are about almost 60 bills that they're tracking pretty closely," Carver Herbert said, and he said the AIC has generally opposed housing bills that would preempt local government authority. He highlighted one manufactured‑housing bill that was revised to be more palatable to cities but said most housing proposals raise questions about infrastructure capacity and local control.

On tax policy, Herbert described a recently proposed fix to House Bill 389 and said the AIC moved to oppose it. "One of the most concerning components of that bill is that it does allow for a citizen initiative that would allow citizens to make a petition to put on the ballot to basically lower property taxes," he said, adding that while some small cities might benefit from certain caps being raised, the proposed changes do not address Garden City's priorities such as new‑construction valuation or urban renewal agency (URA) impacts.

Why it matters: Herbert said the bills could limit local discretion over land use, potentially requiring approval of projects despite infrastructure constraints. He pointed to sewer capacity concerns and to bills that would constrict the use of infrastructure as a reason to deny development.

The update included discussion of AIC strategy and mixed opinions among cities about whether to support, oppose or remain neutral on particular measures; Herbert urged continued local engagement as the session proceeds.