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IdahoH 07142026 regular legislative sessionHouse

HAZARDOUS WASTE – Amends and adds to existing law to provide for hazardous waste management.

Sponsored By: ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE

Signed by Governor

HAZARDOUS WASTE

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

Permits and operating duties for facilities

You must get a state permit before you build, run, or modify a hazardous‑waste treatment, storage, or disposal site. Permits can last up to 10 years (or the longer federal limit) and are reviewed at least every 5 years, and each permit requires cleanup of any releases on or off site. The director can grant variances up to 3 years (renewals need public notice) and issue one‑year research and demo permits (renewable up to three times) with limits, monitoring, and financial protections. If you already have EPA interim status or an EPA permit, the state adopts it as a state permit until it issues a new one. The board can ban land disposal and related storage, and you cannot place nonhazardous liquids in covered landfills unless there is no reasonable alternative and no risk to underground drinking water.

New siting license for hazardous facilities

You must get a state siting license before building or making a major change to a commercial hazardous waste facility or certain on‑site land‑disposal units. The application includes engineering and community‑impact details and a fee set on a sliding scale, capped at $7,500. The law sets hard siting limits, including no sites where groundwater is less than 100 feet deep, within 2,500 feet of surface water, within 1,000 feet of existing wells (unless isolated), within 5,000 feet of off‑site homes used 8+ hours a day, and within 3 miles of schools, hospitals, churches, airports, or population centers over 150 people. A 10‑member panel holds a public hearing, takes comments, and sends a recommendation; the director decides on set timelines (45 days for completeness, 65 days for preliminary findings, and 30 days for a final decision). Cities and counties cannot use local rules to ban these facilities.

Annual hazardous waste reporting rules

Hazardous‑waste generators must file a written annual report by January 31 with types and amounts made, shipped, and stored. Commercial disposal facilities must also report by January 31 on wastes received from Idaho and other states. Sixty days after the state issues its rules and lists, it is illegal to handle hazardous waste in Idaho without the required reporting.

New definitions and planning changes

The law repeals Idaho’s old hazardous‑waste siting chapter. It updates many definitions that decide who and what activities are covered. It removes the old requirement for a statewide hazardous‑waste management plan; the director may still study and publish reports.

Inspection powers with privacy limits

State inspectors may enter at reasonable times, show ID, inspect where hazardous waste is or was present, take samples, and copy records. The state cannot do a warrantless administrative search without your consent or an emergency. If samples are taken, you can get a receipt and a copy of the analysis, and duplicate samples if you test and share the results. Entry terms cannot waive a facility owner’s tort liability, and confidentiality is limited by law and cannot block the department or EPA from getting needed information.

Sponsors & Cosponsors

Sponsor

  • ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE

    Affiliation unavailable

Cosponsors

  • Carl J. Bjerke

    Republican • Senate

  • John Vander Woude

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 102 • No: 0

Senate vote • 3/17/2026

Senate Floor Vote

Yes: 34 • No: 0

House vote • 3/5/2026

House Floor Vote

Yes: 68 • No: 0

Actions Timeline

  1. Reported Signed by Governor on March 20, 2026 Session Law Chapter 89 Effective: 07/01/2026

    3/23/2026

  2. Delivered to Governor at 4:32 p.m. on March 19, 2026

    3/20/2026

  3. Returned Signed by the President; Ordered Transmitted to Governor

    3/19/2026Senate

  4. Signed by President; returned to House

    3/19/2026Senate

  5. Received from the House enrolled/signed by Speaker

    3/19/2026Senate

  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/18/2026House

  7. Returned from Senate Passed; to JRA for Enrolling

    3/18/2026House

  8. Read third time in full – PASSED - 34-0-1

    3/17/2026Senate

  9. Read second time; filed for Third Reading

    3/16/2026Senate

  10. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    3/13/2026Senate

  11. Introduced, read first time; referred to: Health & Welfare

    3/6/2026Senate

  12. Received from the House passed; filed for first reading

    3/6/2026Senate

  13. Read Third Time in Full – PASSED - 68-0-2

    3/5/2026House

  14. Read second time; Filed for Third Reading

    3/4/2026House

  15. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/3/2026House

  16. Reported Printed and Referred to Environment, Energy & Technology

    2/18/2026House

  17. Introduced, read first time, referred to JRA for Printing

    2/17/2026House

Bill Text

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