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

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 be made aware of any pending decision to create a new solid waste facility and the opportunity to bid on such projects. Flow control creates a perverse incentive for government run facilities as they operate and regulate themselves. 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 these flow control mandates become 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.