Idaho Bills

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

RS33727 / H0902 This legislation updates sections within Idaho Code 31-44 by defining and prohibiting the practice of “flow control” by local units of government pertaining to solid waste. This legislation also ensures there is an enhancement to the process, whereby the public can participate in any pending decision by a county or solid waste district to create a new solid waste facility and the opportunity for the private sector to bid on such projects. Flow control creates a perverse incentive for government run facilities to form monopolies against the private sector. The practice of local governments using flow control, limits the ability of private haulers to deliver waste in a logistically and fiscally responsible way. The use of flow control is predatory and anti-competitive. This legislation does not change the ability for private or public sector entities to build, own, or operate such facilities so long as they follow the process of notifying the public.