Current Negotiated Rulemaking for IDAPA 20.07.02,Current Negotiated Rulemaking for IDAPA 20.07.02, Rules Governing Conservation of Crude Oil and Natural Gas in the State of Idaho
Updates
Please Note: The rulemaking schedule for the week of Wednesday, June 22nd has been modified as follows:
Wednesday, June 22nd, 8 AM - 5 PM / Room WW53 at Capitol
Thursday, June 23rd, 8 AM - 5 PM / Majority Caucus Room E403, 4th floor, East Wing of Capitol
Friday, June 24th, 8 AM - 5 PM / Room WW53 at Capitol
Background
Although IDL currently has a Temporary Rule that regulates well treatments and hydraulic fracturing, permanent rule changes are needed to address these issues. In addition, other changes are needed to ensure that waste is prevented, adequate ground water protections are enabled, and correlative rights are protected as required by Idaho Code 47-3.
On May 17, 2011 the Oil and Gas Conservation Commission gave their approval for the Department to start negotiated rulemaking on IDAPA 20.07.02. The preliminary draft rule changes are only the starting point of the negotiated rulemaking.
Click here to view the preliminary draft rules. Changes are displayed in red underline and strikeout.
For official rules, see this website: https://adm.idaho.gov/adminrules/rules/idapa20/0702.pdf
How the Rulemaking Process will Proceed
An e-mail list of potentially interested parties has been compiled by the Department. This list will be used to help keep people informed on the rulemaking progress. If you are not on this list and would like to be added, please contact Eric Wilson (ewilson@idl.idaho.gov).
A tentative list of meeting dates is below. At this point, all rulemaking sessions are scheduled to be held at the Capitol in Boise. Room WW53 on the Senate West Wing of the Garden Level will be the meeting place. It has sufficient capacity and the equipment needed for this rulemaking.
| DATE |
ACTION |
| Thursday, June 2, 2011 |
Rulemaking kickoff, 9 AM to 5 PM |
| Thursday, June 9, 2011 |
Rulemaking 8 AM to 5 PM |
| Wednesday, June 15, 2011 |
Rulemaking 8 AM to 5 PM |
| Wednesday, June 22, 2011 |
Rulemaking 8 AM to 5 PM |
| Thursday, June 23, 2011* |
Rulemaking 8 AM to 5 PM |
| *note room change |
Majority Caucus Room E403, East Wing, 4th floor |
| Friday, June 24, 2011 |
Rulemaking 8 AM to 5 PM |
| Thursday, June 30, 2011 |
Rulemaking 8 AM to 5 PM |
| Thursday July 7, 2011 |
Rulemaking 8 AM to 5 PM |
| Thursday, July 14, 2011 |
Rulemaking 8 AM to 5 PM |
| Thursday, July 21, 2011 |
Rulemaking 8 AM to 5 PM |
Additional meetings as needed, please check this website for updates.
Final meeting should be prior to August 1, 2011 in order to meeting the deadline for the Commission agenda.
| DATE |
ACTION |
| August 16, 2011 |
Present Proposed Rule to Commission |
| August 31, 2011 |
Last day to submit Proposed Rule for 2012 Legislature |
| October 5, 2011 |
Proposed Rule is published |
| October 12, 2011 |
Public Hearing for Proposed Rule |
| October 26, 2011 |
End of comment period on Proposed Rule |
| November 15, 2011 |
Present Pending Rule to Commission |
| November 25, 2011 |
Last day to submit Pending Rule for 2012 Legislature |
Pending Rules are reviewed by the germane Senate and House Subcommittees. If adopted, they take effect when the legislature adjourns for the session.
First Negotiated Rulemaking Session
The first meeting on Thursday, June 2 will include some background material that participants need to put the process in context. We will discuss:
• How rulemaking works
• The deadlines that drive the process
• The scope of the changes
• Issues that are of interest to the participants
• Scheduling additional meetings based on the feedback received
Time permitting, we will start looking at the rules in some detail. If you cannot attend, but have some initial comments, please forward them to the Department before the meeting.
Written comments may also be submitted via regular U.S. mail or e-mail to the address listed at the bottom of this page.
General Rulemaking Information
All attendees will be asked to sign in with their name and contact information. A round of introductions is done so everybody knows who is present. Most sessions will try to focus on specific sections of the rules.
During the negotiations, the preliminary draft rules will be shown on a screen. Those in attendance are asked to help identify issues, offer solutions, and assist with specific wording. No oral testimony is recorded. If issues are not addressed to the satisfaction of the attendees, then additional work on those issues will be scheduled. Some attendees may need to do research between negotiation sessions to support their issues. We will try to accommodate everyone’s concerns, but the department will have the final say on all changes. Far reaching changes that require additional department resources may first require statutory changes and additional funding from the legislature.
As the rulemaking proceeds, updated drafts and other information will be posted on this site.