20190509_stephen.pdf

DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRET ARY
COMMISSION STAFF
FROM: STEPHEN GOODSON, POLICY ADVISOR
DA TE: MAY 3, 2019
SUBJECT: NOTICE OF OMNIBUS RULEMAKING-TEMPORARY AND
PROPOSED RULEMAKING FOR IDAPA 31, RULES OF THE PUBLIC
UTILITIES COMMISSION
BACKGROUND
In 1990, the Legislature adopted Idaho Code § 67-5292 which states in part:
67-5292. EXPIRATION OF ADMINISTRATIVE RULES. (1)
Notwithstanding any other provision of this chapter to the contrary, every
rule adopted and becoming effective after June 30, 1990, shall
automatically expire on July 1 of the following year unless the rule is
extended by statute. Extended rules shall then continue to expire annually
on July 1 of each succeeding year unless extended by statute in each such
succeeding year.
The Idaho Legislature did not reauthorize all existing administrative rules as they have
done in the past. This requires executive administrative action to ensure existing rules remain in
effect in FY20.
Governor Little directed the Division of Financial Management (DFM) and all state
agencies with Idaho Administrative Procedure Act (IDAPA) rules to exercise necessary
executive authority to minimize the impact on state agencies, and the public most importantly.
If the Commission does not reauthorize an existing rule, it will expire July 1, 2019 and
would not have to go through legislative review. At the direction of the Commission, Staff has
reviewed all existing rules of the Commission. If any of these rules are adopted they will be re­
publish as both temporary and proposed. Any rule that is re-authorized is subject to legislative
review in January.
DECISION MEMORANDUM