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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.
902
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
SOLID
WASTE
DISPOSAL;
AMENDING
SECTION
31
-
4401A,
IDAHO
CODE,
2
TO
DEFINE
A
TERM
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
3
31
-
4402,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
AUTHORITY
OF
4
COUNTY
COMMISSIONERS;
AMENDING
SECTION
31
-
4403,
IDAHO
CODE,
TO
REVISE
5
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
-
1
1
NICAL
CORRECTIONS;
AMENDING
SECTION
31
-
4906,
IDAHO
CODE,
TO
REVISE
A
12
PROVISION
REGARDING
POWERS
OF
THE
BOARD
OF
DIRECTORS
OF
A
SOLID
WASTE
13
OR
DOMESTIC
SEPTAGE
DISTRICT
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
14
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
hereby
17
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,
compels
21
solid
waste
haulers
to
process
or
dispose
of
waste
at
a
designated
facility.
22
(1)
(2)
"Major
solid
waste
generator"
means
any
person
who
generates
23
two
per
cent
percent
(2%)
or
more
of
the
total
solid
waste
originating
in
any
24
county.
25
(2)
(3)
"Person"
means
any
natural
person,
firm,
corporation,
or
other
26
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
solid
29
waste
to
be
sent
to
any
waste
disposal
site
which
that
exceeds
either
five
per
30
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
,
or
32
five
per
cent
percent
(5%)
of
the
projected
processing
capacity
of
any
new
33
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
board
38
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
of
1
solid
waste.
2
(7)
(8)
"Waste
processing
facility"
means
any
waste
disposal
site
or
3
any
public
work
at
which
solid
waste
is
compacted,
incinerated,
or
otherwise
4
treated
prior
to
disposal.
It
shall
not
include
the
placement
of
portable
5
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
hereby
8
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,
1
1
establish,
maintain
,
and
operate
such
solid
waste
disposal
systems
as
are
12
necessary
and
to
provide
reasonable
and
convenient
access
to
such
disposal
13
systems
by
all
the
citizens
of
the
county.
For
the
purpose
of
establishing
14
systems
for
solid
waste
disposal,
the
board
of
county
commissioners
may
15
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
government
17
under
such
terms
as
are
mutually
advantageous.
In
order
that
a
county
may
18
acquire
sites
or
systems
as
expeditiously
and
advantageously
as
possible,
19
a
county
may
use
funds
from
current
revenues,
may
use
funds
made
available
20
through
the
issuance
of
bonds,
or
may
use
funds
made
available
from
county
21
building
construction
funds,
and
the
provisions
of
chapter
10,
title
31,
22
Idaho
Code,
are
hereby
made
applicable
for
the
acquisition
of
solid
waste
23
disposal
systems
and
a
.
A
solid
waste
disposal
system
is
declared
to
be
a
24
public
building
within
the
definition
of
chapter
10,
title
31,
Idaho
Code,
25
except
that
notwithstanding
any
other
provisions
of
law,
no
board
of
county
26
commissioners
or
other
public
authority
shall
be
required
to
contract
out
27
the
establishment,
acquisition,
operation
or
maintenance
of
a
solid
waste
28
disposal
system,
but
if
it
should
elect
to
do
so,
it
may
waive
the
giving
of
29
a
bond
or
other
security
in
connection
with
such
contract
upon
such
terms
30
and
conditions
as
it
deems
appropriate,
and
provided
further
that
any
county
31
may
itself,
without
contracting
out
to
any
other
party,
establish,
acquire,
32
operate
and
maintain
a
solid
waste
disposal
system.
Provided
that
no
board
33
of
county
commissioners,
solid
waste
district
board,
or
any
other
public
34
authority
shall
use
compulsory
means,
including
flow
control,
to
limit
the
35
private
sector
from
competing.
36
SECTION
3.
That
Section
31
-
4403,
Idaho
Code,
be,
and
the
same
is
hereby
37
amended
to
read
as
follows:
38
31
-
4403.
OPERATION
AND
MAINTENANCE.
(1)
It
shall
be
the
duty
of
the
39
board
of
county
commissioners
in
each
of
the
several
counties
to
acquire
40
sites
or
facilities
,
and
to
maintain
and
operate
solid
waste
disposal
sys
-
41
tems.
Such
maintenance
and
operation
may,
by
exclusive
or
nonexclusive
42
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
board
46
to
have
the
maintenance
and
operation
performed
by
private
persons;
47
3
(3)
(c)
Contracts
entered
into
by
the
board
to
have
the
maintenance
and
1
operation
performed
by
another
unit
of
government;
2
(4)
(d)
Contracts,
franchises
,
or
otherwise
,
granted
pursuant
to
law
by
3
the
board,
for
all
or
any
part
or
parts
of
the
county;
or
4
(5)
(e)
Any
combination
of
subsections
(1),
(2),
(3)
and
(4)
of
this
5
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,
the
8
board
of
county
commissioners
and/or
another
unit
of
state
government
,
9
may
shall
determine
whether
solid
waste
disposal
systems
services
are
10
to
be
provided
by
means
of
a
contract,
franchise
,
or
otherwise
,
provided
1
1
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
such
16
contracts,
franchises
,
or
otherwise
,
may
require
such
security
for
the
17
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
hereby
20
amended
to
read
as
follows:
21
31
-
4407.
EXISTING
AND
FUTURE
MUNICIPAL
FACILITIES
TO
CONFORM
TO
22
CHAPTER.
Solid
waste
disposal
facilities
now
in
existence
or
hereafter
es
-
23
tablished
and
maintained
and/or
operated
by
any
city
shall
conform
in
the
24
same
manner
as
county
solid
waste
disposal
facilities
as
provided
in
section
25
sections
34
-
4402
and
31
-
4405,
Idaho
Code.
26
SECTION
5.
That
Section
31
-
4407A,
Idaho
Code,
be,
and
the
same
is
hereby
27
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
authority
31
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
commissioners
35
of
any
county
may
waive
operation
of
the
procedure
called
for
in
this
section
36
by
passage
of
a
resolution
indicating
their
its
intent
to
do
so.
Provided
37
that
no
board
of
county
commissioners,
solid
waste
district
board,
or
any
38
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
new
41
solid
waste
processing
facility
within
the
boundaries
of
the
county
or
in
42
conjunction
with
adjoining
counties,
it
shall
give
notice
to
the
public
and
43
all
municipalities
within
its
boundaries
that
it
intends
to
establish
a
pro
-
44
cessing
facility.
In
conjunction
with
the
notice,
the
county
shall
provide
45
a
copy
of
a
feasibility
study
prepared
by
a
licensed
professional
engineer
46
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
the
1
facility,
and
the
estimated
life
span
of
the
facility.
The
notice
shall
be
2
provided
to
potentially
affected
municipalities
at
least
one
hundred
eighty
3
(180)
days
prior
to
the
scheduled
initiation
of
construction
of
any
solid
4
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
in
7
its
response
the
intention
of
the
municipality
to
participate
in
the
use
of
8
the
proposed
facility
or
to
develop
or
continue
operation
of
an
independent
9
solid
waste
processing
facility
of
its
own
for
the
projected
duration
of
the
10
proposed
county
project.
1
1
(4)
Pursuant
to
the
responses
received
from
affected
municipalities,
12
the
county
proposing
development
of
the
solid
waste
processing
facility
may
13
tender
contracts
to
participating
municipalities
assuring
the
availabil
-
14
ity
of
waste
disposal
capacity
at
the
proposed
facility
for
any
duration
15
promised
by
contract
and
securing
commitments
from
the
municipalities
to
16
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
annual
19
adjustments
to
reflect
changes
in
the
relative
contribution
rates
of
mu
-
20
nicipalities
to
the
waste
stream
feeding
the
disposal
facility.
No
capital
21
contribution
obligation
shall
extend
beyond
fifteen
(15)
years.
Additional
22
contracts
for
capital
participation
may
be
proposed
and
entered
into
after
23
the
expiration
of
the
initial
agreement.
24
(5)
Any
municipality
which
that
indicates
its
intent
not
to
participate
25
in
a
proposed
facility
shall
be
barred
from
later
participation
without
the
26
consent
of
the
board
of
county
commissioners
and
without
payment
of
a
capital
27
contribution
adequate
to
finance
the
cost
of
additional
capacity
adequate
to
28
accommodate
the
waste
stream
generated
within
the
municipality.
The
amount
29
and
method
of
payment
of
the
capital
contribution
shall
be
established
by
the
30
board
of
county
commissioners.
31
(6)
Any
municipality
which
that
elects
to
participate
in
a
given
solid
32
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
its
34
behalf,
but
may
receive
partial
credit
for
operational
economies
created
by
35
its
withdrawal.
The
burden
of
proof
of
the
extent
of
operational
economies
36
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
concerning
39
commitments
to
waste
facility
capacity.
Boards
of
county
commissioners
are
40
authorized
to
enter
into
contracts
with
major
solid
waste
generators
for
the
41
expected
duration
of
operation
of
any
solid
waste
processing
facility.
42
SECTION
6.
That
Section
31
-
4902,
Idaho
Code,
be,
and
the
same
is
hereby
43
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
county
48
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
removed
4
from
a
septic
tank,
cesspool,
portable
toilet,
type
III
marine
sanitation
5
device,
or
similar
treatment
works
that
receive
only
domestic
sewage.
Do
-
6
mestic
septage
does
not
include
liquid
or
solid
material
removed
from
septic
7
tanks,
cesspools,
or
similar
treatment
works
that
receive
either
commercial
8
wastewater
or
industrial
wastewater
and
does
not
include
grease
removed
from
9
a
grease
trap
at
a
restaurant.
10
(6)
"Facility"
or
"facilities"
means
all
equipment
and
other
property,
1
1
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,
compels
17
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
a
20
member
of
a
district.
21
(8)
(9)
"Solid
waste"
means
any
garbage,
refuse,
sludge
from
a
waste
22
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
does
26
not
include
solid
or
dissolved
materials
in
domestic
sewage,
or
solid
or
dis
-
27
solved
materials
in
irrigation
return
flows
or
industrial
discharges
that
28
are
point
sources
subject
to
permits
under
33
U.S.C.
1342,
or
source,
special
29
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
receiving
35
stations,
domestic
septage
disposal
methods,
domestic
septage
treatment
36
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
hereby
39
amended
to
read
as
follows:
40
31
-
4906.
POWERS
OF
THE
BOARD
OF
DIRECTORS.
A
district
board
shall
have
41
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
of
44
solid
waste,
domestic
septage
and/or
resource
recovery
within
the
district;
45
(3)
To
authorize
any
action
by
motion,
resolution,
or
other
official
46
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,
if
1
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
lease
4
buildings,
structures,
and
solid
waste
or
domestic
septage
disposal
and
re
-
5
source
recovery
sites
and
equipment
as
may
be
deemed
necessary
to
fulfill
its
6
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
such
9
consideration
as
the
district
board
deems
appropriate;
10
(8)
To
acquire,
construct,
operate,
and
maintain
any
facilities
within
1
1
the
district,
and
to
enter
into
contracts
and
agreements,
cooperative
and
12
otherwise,
affecting
the
affairs
of
the
district,
including
contracts
with
13
the
United
States
of
America
and
any
of
its
agencies
or
instrumentalities,
14
the
state
and
any
of
its
agencies
or
instrumentalities,
any
corporation
or
15
person,
public
or
private,
any
municipality,
and
any
political
or
governmen
-
16
tal
subdivision,
within
or
without
the
state,
and
to
cooperate
with
any
one
17
(1)
or
more
of
them
in
acquiring,
constructing,
operating,
or
maintaining
a
18
system
or
facilities
within
the
district;
provided,
however,
that
no
board
19
of
county
commissioners,
solid
waste
district
board,
or
any
other
public
au
-
20
thority,
shall
use
compulsory
means,
including
flow
control,
to
limit
the
21
private
sector
from
competing;
22
(9)
To
acquire,
maintain,
and
operate,
as
an
incident
to
solid
waste
23
disposal
or
domestic
septage,
electrical
cogeneration
facilities,
to
sell
24
electricity
to
any
person
or
entity,
and
to
enter
into
contracts
therefor;
25
(10)
To
receive
moneys
and
property
from
participating
counties
and
to
26
receive
gifts,
grants,
and
donations
from
any
person
or
entity,
to
expend
the
27
same
for
the
purposes
of
the
district,
to
pledge
the
same
for
the
payment
of
28
any
indebtedness,
to
deposit
moneys
in
accordance
with
the
public
depository
29
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
by
32
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
other
36
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
charges
40
for
the
use
or
availability
of
the
facilities
of
the
district;
41
(16)
To
adopt
rules,
regulations,
and
standards,
consistent
with
state
42
and
federal
laws
and
regulations,
for
the
use
of
the
district's
system
and
43
facilities;
44
(17)
To
maintain
civil
actions
for
the
abatement
of
any
violation
of
any
45
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
forth
1
in
this
chapter,
and
to
do
all
things
necessary
or
incidental
to
the
proper
2
operation
of
this
chapter.
3
SECTION
8.
An
emergency
existing
therefor,
which
emergency
is
hereby
4
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
5
July
1,
2026.
6