Amends existing law to revise provisions regarding county solid waste disposal sites.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 882
BY WAYS AND MEANS COMMITTEE
AN ACT	1
RELATING TO COUNTIES AND COUNTY LAW; AMENDING SECTION 31-4401A, IDAHO CODE,	2
TO DEFINE A TERM AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION	3
31-4402, IDAHO CODE, TO PROVIDE CERTAIN AUTHORITY TO BOARDS OF COUNTY	4
COMMISSIONERS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION	5
31-4407, IDAHO CODE, TO PROVIDE A CODE REFERENCE AND TO MAKE A TECH-	6
NICAL CORRECTION; AMENDING SECTION 31-4407A, IDAHO CODE, TO REVISE A	7
PROVISION REGARDING PROCEDURES FOR CHANGES IN STATUS OF MAJOR WASTE	8
GENERATORS AND MUNICIPALITIES AND TO MAKE TECHNICAL CORRECTIONS; AND	9
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.	10
Be It Enacted by the Legislature of the State of Idaho:	11
SECTION 1. That Section 31-4401A, Idaho Code, be, and the same is hereby	12
amended to read as follows:	13
31-4401A. DEFINITIONS. In this chapter:	14
(1) "Flow control" means any method or system under which a governmen-	15
tal entity, by ordinance, regulation, or other official directive, compels	16
solid waste haulers to process or dispose of waste at a designated facility.	17
(1) (2) "Major solid waste generator" means any person who generates	18
two per cent percent (2%) or more of the total solid waste originating in any	19
county.	20
(2) (3) "Person" means any natural person, firm, corporation, or other	21
entity, but does not include a municipality, a state agency or a state educa-	22
tional institution.	23
(3) (4) "Significant effect" means any change in the amount of solid	24
waste to be sent to any waste disposal site which that exceeds either five per	25
cent percent (5%) of the total monthly amount of waste disposal at any par-	26
ticular solid waste disposal site during the most recent calendar year, or	27
five per cent percent (5%) of the projected processing capacity of any new	28
solid waste disposal site.	29
(4) (5) "State agency" means each state board, commission, department	30
or officer authorized by law to make rules or to determine contested cases.	31
(5) (6) "State educational institution" means a public educational fa-	32
cility or institution regulated by the state board of education or the board	33
of regents of the university of Idaho.	34
(6) (7) "System" means lands, sites, facilities, equipment and man-	35
power necessary for collection, transportation, storage, treatment, pro-	36
cessing, reuse, recycling or other means necessary for the disposal of solid	37
waste.	38
(7) (8) "Waste processing facility" means any waste disposal site or	39
any public work at which solid waste is compacted, incinerated, or otherwise	40
treated prior to disposal. It shall not include the placement of portable	41

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collection facilities or similar equipment used solely to facilitate col-	1
lection of solid waste.	2
SECTION 2. That Section 31-4402, Idaho Code, be, and the same is hereby	3
amended to read as follows:	4
31-4402. AUTHORITY OF COUNTY COMMISSIONERS. (1) The board of county	5
commissioners in each of the several counties is hereby authorized to ac-	6
quire, establish, maintain and operate such solid waste disposal systems	7
as are necessary and to provide reasonable and convenient access to such	8
disposal systems by all the citizens of the county. For the purpose of estab-	9
lishing systems for solid waste disposal, the board of county commissioners	10
may purchase, lease, condemn or receive as gifts such areas as are suitable,	11
or the board may exchange land with any other unit or units of government	12
under such terms as are mutually advantageous. In order that a county may	13
acquire sites or systems as expeditiously and advantageously as possible,	14
a county may use funds from current revenues, may use funds made available	15
through the issuance of bonds, or may use funds made available from county	16
building construction funds, and the provisions of chapter 10, title 31,	17
Idaho Code, are hereby made applicable for the acquisition of solid waste	18
disposal systems and a. A solid waste disposal system is declared to be a	19
public building within the definition of chapter 10, title 31, Idaho Code,	20
except that notwithstanding any other provisions of law, no board of county	21
commissioners or other public authority shall be required to contract out	22
the establishment, acquisition, operation or maintenance of a solid waste	23
disposal system, but if it should elect to do so, it may waive the giving of	24
a bond or other security in connection with such contract upon such terms	25
and conditions as it deems appropriate, and provided further that any county	26
may itself, without contracting out to any other party, establish, acquire,	27
operate and maintain a solid waste disposal system.	28
(2) The board of county commissioners may enact flow control measures	29
to protect public investment in solid waste facilities and systems, to re-	30
duce county liabilities, to avoid the creation of publicly funded assets	31
that cannot be fully utilized, to ensure waste management is facilitated in	32
an environmentally compliant manner, and to promote public health.	33
(3) Notwithstanding any other provision of law to the contrary, flow	34
control measures pursuant to this section shall only be enacted after the	35
county completes an independent study by a qualified professional demon-	36
strating that flow control is necessary to achieve the goals provided for	37
in subsection (2) of this section. Counties that are members of a regional	38
solid waste or domestic septage disposal district pursuant to chapter 49,	39
title 31, Idaho Code, are exempt from the provisions of this subsection. The	40
study shall include:	41
(a) A comprehensive financial impact analysis of potential economic	42
impacts on county-funded solid waste facilities if flow control is	43
not enacted. Such analysis shall include revenue projections for the	44
facility under various scenarios, including with and without flow con-	45
trol, demonstrating the anticipated return on public investment;	46
(b) A comparative cost-benefit analysis illustrating the costs and	47
benefits of implementing flow control versus allowing unrestricted	48
disposal options. Such comparative analysis shall evaluate the facil-	49

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ity's long-term sustainability and predict maintenance and operational	1
costs relative to expected revenues under flow control. Special empha-	2
sis shall be put on identifying how flow control can help prevent the	3
creation of stranded assets such as facilities or infrastructure that	4
are underutilized or abandoned that will result in sunk costs or unre-	5
coverable investments funded by public moneys;	6
(c) A liability and risk mitigation evaluation of potential liabili-	7
ties associated with the solid waste system under scenarios where flow	8
control is enacted and is not enacted. Such evaluation shall assess	9
risks related to underutilized capacity, unrecouped capital invest-	10
ments, and the financial burden of maintaining idle facilities if waste	11
is diverted to other disposal locations, including facilities outside	12
of the county;	13
(d) A compliance verification assessment verifying that waste gener-	14
ated within the county is not sent to facilities that are noncompliant	15
with federal, state, or local regulations. Such assessment shall in-	16
clude an analysis of the regulatory compliance of any facilities out-	17
side of the county that might otherwise receive waste from the county,	18
ensuring that flow control is implemented only to prevent waste from be-	19
ing diverted to noncompliant facilities, which could pose risks to pub-	20
lic health and the environment;	21
(e) A regulatory and environmental impact assessment, including doc-	22
umentation on how flow control supports the county's commitment to	23
responsible waste management practices that meet or exceed regulatory	24
standards for public health and environmental protection, including	25
air, soil, and water quality; and	26
(f) A comprehensive alternative analysis review of other potential	27
measures that may be used to achieve the same goals as provided for	28
in subsection (2) of this section, including any available compliant	29
facilities outside the county. The analysis shall provide a detailed	30
explanation for why the alternatives may be more or less effective or	31
feasible than flow control in protecting public investment in solid	32
waste facilities and systems, reducing county liabilities, avoiding	33
the creation of publicly funded assets that cannot be fully utilized,	34
ensuring waste management is facilitated in an environmentally compli-	35
ant manner, and promoting public health.	36
(4) Upon completion of the study provided for in subsection (3) of this	37
section, the study shall be presented in a public forum before any final de-	38
cision is made on flow control measures to ensure transparency and to provide	39
opportunities for public comment. The board of county commissioners shall	40
provide adequate notice of such public process, including public access to	41
the study's findings, to allow citizens to participate and offer input.	42
SECTION 3. That Section 31-4407, Idaho Code, be, and the same is hereby	43
amended to read as follows:	44
31-4407. EXISTING AND FUTURE MUNICIPAL FACILITIES TO CONFORM TO	45
CHAPTER. Solid waste disposal facilities now in existence or hereafter es-	46
tablished and maintained and/or operated by any city shall conform in the	47
same manner as county solid waste disposal facilities as provided in section	48
sections 34-4402 and 31-4405, Idaho Code.	49

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SECTION 4. That Section 31-4407A, Idaho Code, be, and the same is hereby	1
amended to read as follows:	2
31-4407A. CHANGES IN STATUS OF MAJOR WASTE GENERATORS AND MUNICIPALI-	3
TIES -- PROCEDURES. (1) Major solid waste generators and municipalities op-	4
erating solid waste collection or disposal systems pursuant to the authority	5
conferred by law or desiring to initiate or abandon such systems shall con-	6
form to the procedures and standards set forth in this section before tak-	7
ing any action which that would significantly affect the amount or distribu-	8
tion of solid waste within any county. The board of county commissioners of	9
any county may waive operation of the procedure called for in this section by	10
passage of a resolution indicating their its intent to do so.	11
(2) Whenever a county shall propose proposes the establishment of a new	12
solid waste processing facility within the boundaries of the county or in	13
conjunction with adjoining counties, it shall give notice to the public and	14
all municipalities within its boundaries that it intends to establish a pro-	15
cessing facility. In conjunction with the notice, the county shall provide	16
a copy of a feasibility study prepared by a licensed professional engineer	17
concerning the proposed processing facility which that shall address the es-	18
timated capital cost of the facility, the estimated costs of operation of the	19
facility, and the estimated life span of the facility. The notice shall be	20
provided to potentially affected municipalities at least one hundred eighty	21
(180) days prior to the scheduled initiation of construction of any solid	22
waste processing facility.	23
(3) Within ninety (90) days of receipt of the notice, each affected mu-	24
nicipality shall respond to the notice provided by the county, indicating in	25
its response the intention of the municipality to participate in the use of	26
the proposed facility or to develop or continue operation of an independent	27
solid waste processing facility of its own for the projected duration of the	28
proposed county project.	29
(4) Pursuant to the responses received from affected municipalities,	30
the county proposing development of the solid waste processing facility may	31
tender contracts to participating municipalities assuring the availabil-	32
ity of waste disposal capacity at the proposed facility for any duration	33
promised by contract and securing commitments from the municipalities to	34
participate in use of the facility for the duration of its projected life.	35
The contracts shall not constitute guarantees of costs or duration of ser-	36
viceability of the proposed facility. The contracts may provide for annual	37
adjustments to reflect changes in the relative contribution rates of mu-	38
nicipalities to the waste stream feeding the disposal facility. No capital	39
contribution obligation shall extend beyond fifteen (15) years. Additional	40
contracts for capital participation may be proposed and entered into after	41
the expiration of the initial agreement.	42
(5) Any municipality which that indicates its intent not to participate	43
in a proposed facility shall be barred from later participation without the	44
consent of the board of county commissioners and without payment of a capital	45
contribution adequate to finance the cost of additional capacity adequate to	46
accommodate the waste stream generated within the municipality. The amount	47
and method of payment of the capital contribution shall be established by the	48
board of county commissioners.	49

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(6) Any municipality which that elects to participate in a given solid	1
waste processing facility, but later elects to withdraw from said project,	2
may do so, but shall remain obligated for any capital costs incurred in on its	3
behalf, but may receive partial credit for operational economies created by	4
its withdrawal. The burden of proof of the extent of operational economies	5
shall rest upon on the withdrawing municipality.	6
(7) Major solid waste generators located outside participating munic-	7
ipalities shall be treated in the same manner as municipalities concerning	8
commitments to waste facility capacity. Boards of county commissioners are	9
authorized to enter into contracts with major solid waste generators for the	10
expected duration of operation of any solid waste processing facility.	11
SECTION 5. An emergency existing therefor, which emergency is hereby	12
declared to exist, this act shall be in full force and effect on and after	13
July 1, 2026.	14

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