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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:
1
1
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
2
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,
1
1
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
3
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
1
1
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
4
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.
1
1
(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
5
(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.
1
1
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