Amends existing law to revise provisions regarding solid waste disposal contracts in counties.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 661 BY LOCAL GOVERNMENT COMMITTEE AN ACT1 RELATING TO SOLID WASTE DISPOSAL; AMENDING SECTION 31-4403, IDAHO CODE,2 TO REVISE PROVISIONS REGARDING SOLID WASTE DISPOSAL SITE CONTRACTS IN3 COUNTIES AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY4 AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 31-4403, Idaho Code, be, and the same is hereby7 amended to read as follows:8 31-4403. OPERATION AND MAINTENANCE. (1) It shall be the duty of the9 board of county commissioners in each of the several counties to acquire10 sites or facilities, and maintain and operate solid waste disposal systems.11 Such maintenance and operation may, by exclusive or nonexclusive means, be12 performed through or by:13 (1) (a) Employees, facilities, equipment, and supplies hired by or ac-14 quired by the board of county commissioners;15 (2) (b) Contracts, franchises, or otherwise, entered into by the board16 to have the maintenance and operation performed by private persons;17 (3) (c) Contracts entered into by the board to have the maintenance and18 operation performed by another unit of government;19 (4) (d) Contracts, franchises, or otherwise, granted pursuant to law by20 the board, for all or any part or parts of the county; or21 (5) (e) Any combination of subsections (1), (2), (3) and (4) of this22 section; paragraphs (a), (b), (c), and (d) of this subsection.23 (6) (2) Notwithstanding any other provision of law to the contrary, in24 order to provide for the public health, safety, and well-being, the board25 of county commissioners and/or or another unit of state government, may de-26 termine whether solid waste disposal systems services are to be provided by27 means of a contract, franchise, or otherwise, provided for under subsection28 (2) pursuant to subsection (1)(b) of this section, or any contract, fran-29 chise, or otherwise, awarded under subsection (4) pursuant to subsection30 (1)(d) of this section, with or without compulsory competitive bidding;.31 (3) Notwithstanding any county contract or franchise for solid waste32 collection to the contrary, any person may contract with a solid waste col-33 lection provider of the person's choosing for the use of solid waste col-34 lection containers that are temporary and project-specific, as defined by35 county ordinance.36 (7) (4) The board of county commissioners, before entering into such37 contracts, franchises, or otherwise, may require such security for the per-38 formance thereof as it deems appropriate or may waive such undertaking.39

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SECTION 2. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3