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Senate passes bill to open temporary construction waste hauling to competition
Summary
The Idaho Senate voted 25-9 (1 absent) to pass Senate Bill 10-73, which amends Idaho law to allow competition for temporary, project-specific bulk waste containers rather than permitting exclusive municipal franchises for those services.
Senate Bill 10-73 passed the Idaho Senate on Feb. 25 after floor debate, 25 in favor, 9 opposed and 1 absent. The bill would amend Idaho Code section 50-344 to permit competitive provision of temporary, project-specific bulk waste containers, the sponsor said.
The bill’s sponsor, Senator Adams, told colleagues that Idaho generally benefits from free-market competition but that an exception has been created by municipal practices around bulk waste removal. “This legislation seeks to clarify section 50-344 to allow the free market to compete for the services of temporary project specific waste containers,” Adams said on the floor, adding that the bill “does not preclude a city from franchising for permanent bulk waste containers inside their respective cities.”
Supporters argued the measure would lower costs for businesses and small contractors. “I speak in support of the bill. I am a contractor. I have dealt with this issue in some of the places we work in. So it would be very helpful ... for the business community to support this bill,” Senator Woodward said.
Adams cited prior Idaho court rulings and out-of-state examples during floor debate, saying the state Supreme Court has not found that existing statute implicitly grants cities authority to create exclusive franchises for temporary containers. He also cited reported cost changes after deregulation in other states: reductions of 15–25 percent in some examples and sharp increases where markets were closed, remarks he attributed to various data sources.
Senator Shippy used his allotted 60 seconds to explain his yes vote, thanking the sponsor for bringing the bill forward.
The roll call shows 25 in favor, 9 opposed and 1 absent; with a majority voting in the affirmative, the bill passed and the title was approved. The bill was transmitted to the Idaho House of Representatives for consideration there.
The measure will change how cities and contractors may procure temporary waste containers for construction and other short-term projects; it leaves in place cities’ ability to franchise permanent waste collection within city limits.
