Last week, the Idaho House of Representatives approved legislation clarifying the potential penalties aerial applicators would face for rule violations. The legislation was unanimously approved by the House Agricultural Affairs Committee and passed by the full House in a 52-12 vote.

David Lehman of the Idaho Agricultural Aviation Association told members of the House Ag Committee applicators accused of violating aerial application rules currently go into Idaho State Department of Agriculture (ISDA) hearings knowing only the maximum penalties. Typically, those maximums serve as a starting point for a negotiation.

Lehman explained House Bill 487 would increase clarity and fairness, and for the first time in about 20 years update the relevant statutes to fit today’s industry.

The bill would eliminate ambiguous language in the statute and require ISDA to write rules related to penalties and restrictions using “a penalty-assessment matrix that clearly defines the penalty based on the level of the violation, the effects of the violation, and whether the violation was made knowingly or unknowingly.” Rules related to restrictions and penalties must also be reviewed and reissued through negotiated rulemaking at least every five years.

Additionally, the bill would eliminate duplicative regulations already covered by federal law, such as aircraft flight patterns, which are under the jurisdiction of the FAA. 

“Why would we want an ISDA investigator spending time and money investigating something that the [FAA] Boise Flight Standards District Office could be investigating on the federal dime?” said George Parker, the owner of CropJet Aviation in Gooding, Idaho.