Amends existing law to define terms and to provide that compulsory means cannot be used to limit private sector competition.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 902 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO SOLID WASTE DISPOSAL; AMENDING SECTION 31-4401A, IDAHO CODE,2 TO DEFINE A TERM AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION3 31-4402, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE AUTHORITY OF4 COUNTY COMMISSIONERS; AMENDING SECTION 31-4403, IDAHO CODE, TO REVISE5 PROVISIONS REGARDING OPERATION AND MAINTENANCE OF SOLID WASTE SITES,6 FACILITIES, AND SYSTEMS; AMENDING SECTION 31-4407, IDAHO CODE, TO RE-7 VISE A PROVISION REGARDING EXISTING AND FUTURE MUNICIPAL FACILITIES;8 AMENDING SECTION 31-4407A, IDAHO CODE, TO REVISE PROVISIONS REGARD-9 ING CHANGES IN STATUS OF MAJOR WASTE GENERATORS AND MUNICIPALITIES;10 AMENDING SECTION 31-4902, IDAHO CODE, TO DEFINE A TERM AND TO MAKE TECH-11 NICAL CORRECTIONS; AMENDING SECTION 31-4906, IDAHO CODE, TO REVISE A12 PROVISION REGARDING POWERS OF THE BOARD OF DIRECTORS OF A SOLID WASTE13 OR DOMESTIC SEPTAGE DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AND14 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.15

Be It Enacted by the Legislature of the State of Idaho:16

SECTION 1. That Section 31-4401A, Idaho Code, be, and the same is hereby17 amended to read as follows:18 31-4401A. DEFINITIONS. In this chapter:19 (1) "Flow control" means any method or system under which a governmen-20 tal entity, by ordinance, regulation, or other official directive, compels21 solid waste haulers to process or dispose of waste at a designated facility.22 (1) (2) "Major solid waste generator" means any person who generates23 two per cent percent (2%) or more of the total solid waste originating in any24 county.25 (2) (3) "Person" means any natural person, firm, corporation, or other26 entity, but does not include a municipality, a state agency, or a state edu-27 cational institution.28 (3) (4) "Significant effect" means any change in the amount of solid29 waste to be sent to any waste disposal site which that exceeds either five per30 cent percent (5%) of the total monthly amount of waste disposal at any par-31 ticular solid waste disposal site during the most recent calendar year, or32 five per cent percent (5%) of the projected processing capacity of any new33 solid waste disposal site.34 (4) (5) "State agency" means each state board, commission, department,35 or officer authorized by law to make rules or to determine contested cases.36 (5) (6) "State educational institution" means a public educational fa-37 cility or institution regulated by the state board of education or the board38 of regents of the university of Idaho.39 (6) (7) "System" means lands, sites, facilities, equipment and man-40 power necessary for collection, transportation, storage, treatment,41

2 processing, reuse, recycling, or other means necessary for the disposal of1 solid waste.2 (7) (8) "Waste processing facility" means any waste disposal site or3 any public work at which solid waste is compacted, incinerated, or otherwise4 treated prior to disposal. It shall not include the placement of portable5 collection facilities or similar equipment used solely to facilitate col-6 lection of solid waste.7

SECTION 2. That Section 31-4402, Idaho Code, be, and the same is hereby8 amended to read as follows:9 31-4402. AUTHORITY OF COUNTY COMMISSIONERS. The board of county com-10 missioners in each of the several counties is hereby authorized to acquire,11 establish, maintain, and operate such solid waste disposal systems as are12 necessary and to provide reasonable and convenient access to such disposal13 systems by all the citizens of the county. For the purpose of establishing14 systems for solid waste disposal, the board of county commissioners may15 purchase, lease, condemn, or receive as gifts such areas as are suitable,16 or the board may exchange land with any other unit or units of government17 under such terms as are mutually advantageous. In order that a county may18 acquire sites or systems as expeditiously and advantageously as possible,19 a county may use funds from current revenues, may use funds made available20 through the issuance of bonds, or may use funds made available from county21 building construction funds, and the provisions of chapter 10, title 31,22 Idaho Code, are hereby made applicable for the acquisition of solid waste23 disposal systems and a. A solid waste disposal system is declared to be a24 public building within the definition of chapter 10, title 31, Idaho Code,25 except that notwithstanding any other provisions of law, no board of county26 commissioners or other public authority shall be required to contract out27 the establishment, acquisition, operation or maintenance of a solid waste28 disposal system, but if it should elect to do so, it may waive the giving of29 a bond or other security in connection with such contract upon such terms30 and conditions as it deems appropriate, and provided further that any county31 may itself, without contracting out to any other party, establish, acquire,32 operate and maintain a solid waste disposal system. Provided that no board33 of county commissioners, solid waste district board, or any other public34 authority shall use compulsory means, including flow control, to limit the35 private sector from competing.36

SECTION 3. That Section 31-4403, Idaho Code, be, and the same is hereby37 amended to read as follows:38 31-4403. OPERATION AND MAINTENANCE. (1) It shall be the duty of the39 board of county commissioners in each of the several counties to acquire40 sites or facilities, and to maintain and operate solid waste disposal sys-41 tems. Such maintenance and operation may, by exclusive or nonexclusive42 means, be performed through or by:43 (1) (a) Employees, facilities, equipment, and supplies hired by or ac-44 quired by the board of county commissioners;45 (2) (b) Contracts, franchises, or otherwise, entered into by the board46 to have the maintenance and operation performed by private persons;47

3 (3) (c) Contracts entered into by the board to have the maintenance and1 operation performed by another unit of government;2 (4) (d) Contracts, franchises, or otherwise, granted pursuant to law by3 the board, for all or any part or parts of the county; or4 (5) (e) Any combination of subsections (1), (2), (3) and (4) of this5 section; paragraphs (a) through (e) of this subsection.6 (6) (2)(a) Notwithstanding any other provision of law to the contrary,7 in order to provide for the public health, safety, and well-being, the8 board of county commissioners and/or another unit of state government,9 may shall determine whether solid waste disposal systems services are10 to be provided by means of a contract, franchise, or otherwise, provided11 for under subsection (2) (1)(b) of this section, or any contract, fran-12 chise, or otherwise, awarded under subsection (4) (1)(d) of this sec-13 tion, with or without compulsory competitive bidding; through competi-14 tive bidding or a request for proposals.15 (7) (b) The board of county commissioners, before entering into such16 contracts, franchises, or otherwise, may require such security for the17 performance thereof as it deems appropriate or may waive such undertak-18 ing.19

SECTION 4. That Section 31-4407, Idaho Code, be, and the same is hereby20 amended to read as follows:21 31-4407. EXISTING AND FUTURE MUNICIPAL FACILITIES TO CONFORM TO22 CHAPTER. Solid waste disposal facilities now in existence or hereafter es-23 tablished and maintained and/or operated by any city shall conform in the24 same manner as county solid waste disposal facilities as provided in section25 sections 34-4402 and 31-4405, Idaho Code.26

SECTION 5. That Section 31-4407A, Idaho Code, be, and the same is hereby27 amended to read as follows:28 31-4407A. CHANGES IN STATUS OF MAJOR WASTE GENERATORS AND MUNICIPALI-29 TIES -- PROCEDURES. (1) Major solid waste generators and municipalities op-30 erating solid waste collection or disposal systems pursuant to the authority31 conferred by law or desiring to initiate or abandon such systems shall con-32 form to the procedures and standards set forth in this section before tak-33 ing any action which that would significantly affect the amount or distri-34 bution of solid waste within any county. The board of county commissioners35 of any county may waive operation of the procedure called for in this section36 by passage of a resolution indicating their its intent to do so. Provided37 that no board of county commissioners, solid waste district board, or any38 other public authority shall use compulsory means, including flow control,39 to limit the private sector from competing.40 (2) Whenever a county shall propose proposes the establishment of a new41 solid waste processing facility within the boundaries of the county or in42 conjunction with adjoining counties, it shall give notice to the public and43 all municipalities within its boundaries that it intends to establish a pro-44 cessing facility. In conjunction with the notice, the county shall provide45 a copy of a feasibility study prepared by a licensed professional engineer46 concerning the proposed processing facility which that shall address the es-47

4 timated capital cost of the facility, the estimated costs of operation of the1 facility, and the estimated life span of the facility. The notice shall be2 provided to potentially affected municipalities at least one hundred eighty3 (180) days prior to the scheduled initiation of construction of any solid4 waste processing facility.5 (3) Within ninety (90) days of receipt of the notice, each affected mu-6 nicipality shall respond to the notice provided by the county, indicating in7 its response the intention of the municipality to participate in the use of8 the proposed facility or to develop or continue operation of an independent9 solid waste processing facility of its own for the projected duration of the10 proposed county project.11 (4) Pursuant to the responses received from affected municipalities,12 the county proposing development of the solid waste processing facility may13 tender contracts to participating municipalities assuring the availabil-14 ity of waste disposal capacity at the proposed facility for any duration15 promised by contract and securing commitments from the municipalities to16 participate in use of the facility for the duration of its projected life.17 The contracts shall not constitute guarantees of costs or duration of ser-18 viceability of the proposed facility. The contracts may provide for annual19 adjustments to reflect changes in the relative contribution rates of mu-20 nicipalities to the waste stream feeding the disposal facility. No capital21 contribution obligation shall extend beyond fifteen (15) years. Additional22 contracts for capital participation may be proposed and entered into after23 the expiration of the initial agreement.24 (5) Any municipality which that indicates its intent not to participate25 in a proposed facility shall be barred from later participation without the26 consent of the board of county commissioners and without payment of a capital27 contribution adequate to finance the cost of additional capacity adequate to28 accommodate the waste stream generated within the municipality. The amount29 and method of payment of the capital contribution shall be established by the30 board of county commissioners.31 (6) Any municipality which that elects to participate in a given solid32 waste processing facility, but later elects to withdraw from said project,33 may do so, but shall remain obligated for any capital costs incurred in its34 behalf, but may receive partial credit for operational economies created by35 its withdrawal. The burden of proof of the extent of operational economies36 shall rest upon the withdrawing municipality.37 (7) Major solid waste generators located outside participating munic-38 ipalities shall be treated in the same manner as municipalities concerning39 commitments to waste facility capacity. Boards of county commissioners are40 authorized to enter into contracts with major solid waste generators for the41 expected duration of operation of any solid waste processing facility.42

SECTION 6. That Section 31-4902, Idaho Code, be, and the same is hereby43 amended to read as follows:44 31-4902. DEFINITIONS. As used in this chapter:45 (1) "Act" or "this act" means this regional solid waste or domestic sep-46 tage district act.47 (2) "Commissioners" means the board of commissioners of each county48 within a district.49

5 (3) "District" means a regional solid waste or domestic septage dis-1 trict created pursuant to this chapter.2 (4) "District board" means the board of directors of a district.3 (5) "Domestic septage" means either liquid or solid material removed4 from a septic tank, cesspool, portable toilet, type III marine sanitation5 device, or similar treatment works that receive only domestic sewage. Do-6 mestic septage does not include liquid or solid material removed from septic7 tanks, cesspools, or similar treatment works that receive either commercial8 wastewater or industrial wastewater and does not include grease removed from9 a grease trap at a restaurant.10 (6) "Facility" or "facilities" means all equipment and other property,11 including electrical cogeneration equipment, deemed necessary by the dis-12 trict board for the operation of a solid waste disposal and/or resource re-13 covery system or the operation of domestic septage receiving stations, do-14 mestic septage treatment processes and domestic septage disposal methods.15 (7) "Flow control" means any method or system under which a governmen-16 tal entity, by ordinance, regulation, or other official directive, compels17 solid waste haulers to process or dispose of waste at a designated facility.18 (7) (8) "Participating county" means a county which that elects,19 through action of the commissioners as provided in this chapter, to become a20 member of a district.21 (8) (9) "Solid waste" means any garbage, refuse, sludge from a waste22 treatment plant, water supply treatment plant, or air pollution control fa-23 cility and other discarded material, including solid, liquid, semi-solid,24 or contained gaseous material resulting from industrial, commercial, min-25 ing, and agricultural operations, and from community activities, but does26 not include solid or dissolved materials in domestic sewage, or solid or dis-27 solved materials in irrigation return flows or industrial discharges that28 are point sources subject to permits under 33 U.S.C. 1342, or source, special29 nuclear, or byproduct material as defined by the atomic energy act of 1954,30 as amended.31 (9) (10) "State" means the state of Idaho.32 (10) (11) "System" means all components of solid waste operations,33 including, but not limited to, landfill compliance measures, landfill dis-34 posal operations, regional transfer operations, domestic septage receiving35 stations, domestic septage disposal methods, domestic septage treatment36 operations and resource recovery and management, on any site or sites ac-37 quired, constructed, operated, or managed by a district.38

SECTION 7. That Section 31-4906, Idaho Code, be, and the same is hereby39 amended to read as follows:40 31-4906. POWERS OF THE BOARD OF DIRECTORS. A district board shall have41 and may exercise the following powers and duties:42 (1) To sue and be sued;43 (2) To develop and administer a system for the regional disposal of44 solid waste, domestic septage and/or resource recovery within the district;45 (3) To authorize any action by motion, resolution, or other official46 action;47 (4) To administer and enforce all solid waste or domestic septage regu-48 lations and standards of the district;49

6 (5) To determine the location of its main office and branch offices, if1 any;2 (6) To acquire, hold title to, lease, mortgage or encumber, dispose of,3 and pledge real and personal property and to acquire, construct, or lease4 buildings, structures, and solid waste or domestic septage disposal and re-5 source recovery sites and equipment as may be deemed necessary to fulfill its6 duties, and to have and exercise the power of eminent domain therefor;7 (7) To sell, convey, lease or dispose of any property, real or personal,8 with or without competitive bid, upon such terms and conditions and for such9 consideration as the district board deems appropriate;10 (8) To acquire, construct, operate, and maintain any facilities within11 the district, and to enter into contracts and agreements, cooperative and12 otherwise, affecting the affairs of the district, including contracts with13 the United States of America and any of its agencies or instrumentalities,14 the state and any of its agencies or instrumentalities, any corporation or15 person, public or private, any municipality, and any political or governmen-16 tal subdivision, within or without the state, and to cooperate with any one17 (1) or more of them in acquiring, constructing, operating, or maintaining a18 system or facilities within the district; provided, however, that no board19 of county commissioners, solid waste district board, or any other public au-20 thority, shall use compulsory means, including flow control, to limit the21 private sector from competing;22 (9) To acquire, maintain, and operate, as an incident to solid waste23 disposal or domestic septage, electrical cogeneration facilities, to sell24 electricity to any person or entity, and to enter into contracts therefor;25 (10) To receive moneys and property from participating counties and to26 receive gifts, grants, and donations from any person or entity, to expend the27 same for the purposes of the district, to pledge the same for the payment of28 any indebtedness, to deposit moneys in accordance with the public depository29 laws of the state, and to invest moneys of the district in investments per-30 mitted under sections 67-1210 and 67-1210A, Idaho Code;31 (11) To borrow money and incur indebtedness, and to evidence the same by32 notes, warrants, bonds, or other evidence of indebtedness;33 (12) To have the management, control, and supervision of all the busi-34 ness and affairs of the district;35 (13) To hire an administrator and provide for the compensation of other36 employees of the district, and to retain agents, engineers and consultants;37 (14) To retain or employ regular legal counsel, and to retain such spe-38 cial legal counsel as may be deemed necessary;39 (15) To fix and to increase or decrease rates, fees, tolls, or charges40 for the use or availability of the facilities of the district;41 (16) To adopt rules, regulations, and standards, consistent with state42 and federal laws and regulations, for the use of the district's system and43 facilities;44 (17) To maintain civil actions for the abatement of any violation of any45 of the district's rules, regulations, or standards;46 (18) To insure its property and to enter into contracts for insurance,47 including, but not limited to, liability insurance;48

7 (19) To exercise all or any part or combination of the powers set forth1 in this chapter, and to do all things necessary or incidental to the proper2 operation of this chapter.3

SECTION 8. An emergency existing therefor, which emergency is hereby4 declared to exist, this act shall be in full force and effect on and after5 July 1, 2026.6