Bill Description: House Bill 661 would clarify that a county’s waste collection contract does not prevent a private contract for temporary waste collection by another service provider. 

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NOTE: House Bill 661 is related to Senate Bill 1073 (2025). House Bill 661 references a county contract or franchise for solid waste collection, while Senate Bill 1073 referred to a city contract. It would be preferable for the new language to apply in either case. 

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

House Bill 661 would amend Section 50-344, Idaho Code, to clarify that “notwithstanding any county contract or franchise for solid waste collection to the contrary, any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection containers that are temporary and project-specific, as defined by county ordinance.”

It is appropriate that government contracts not bind private actors or limit their access to other market participants. Unfortunately, the “as defined by county ordinance” limitation would give counties the ability to use ordinances to restrict the allowance provided by this bill. 

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