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Enacted

Idaho establishes new siting license requirements, criteria, and site review panels for commercial hazardous waste facilities

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

Last action · March 23, 2026: Reported Signed by Governor on March 20, 2026 Session Law Chapter 89 Effective: 07/01/2026

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

Idaho House Bill 714 establishes a mandatory siting license process, minimum distance criteria, and local site review panels for commercial hazardous waste facilities, taking effect July 1, 2026. The legislation requires facility owners to obtain a siting license from the director of the Department of Environmental Quality prior to construction and prohibits local ordinances from completely banning hazardous waste facilities. Additionally, property owners granted a siting license approval may face legal action for property devaluation.

Why it matters

Property owners near proposed hazardous waste facilities gain a statutory right to sue for property devaluation within nine months of site license approval, while commercial facility developers must navigate a new 10-member review panel process and strict buffer distances from schools, hospitals, and water sources.

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

commercial hazardous waste facility operators

Commercial hazardous waste facility operators must obtain a siting license, pay application fees, undergo site review panel evaluation, and comply with new minimum siting criteria and annual reporting requirements.

Directly affected

property owners near proposed facilities

Property owners adversely affected by an approved facility are granted the legal right to bring an action in district court for property devaluation compensation within nine months of approval.

Directly affected

hazardous waste generators

Generators are subject to revised annual reporting requirements, manifesting rules, and tracking provisions established by the department.

Directly affected

local governments

Cities and counties must appoint representatives to site review panels and are prohibited from enacting local ordinances that ban hazardous waste facilities.

Key Facts

  • No person may commence construction or major modification of a commercial hazardous waste facility or on-site land disposal facility without a siting license issued by the director of the Department of Environmental Quality.
  • Applications for a siting license require a sliding scale application fee not to exceed $7,500 based on review costs, site size, waste volume, and hydrogeologic characteristics.
  • New hazardous waste facilities are prohibited from being sited where the seasonal high depth of groundwater is less than 100 feet below the lowest point of disposal or within 2,500 feet of surface water bodies.
  • New disposal or incineration facilities cannot be sited within 3 miles of schools, airports, hospitals, churches, or population centers greater than 150 people, or within 5,000 feet of routinely occupied off-site residential structures.
Show all 10 facts
  • A 10-member site review panel must be established for each siting license application, including state agency representatives, public members, and local city and county appointees.
  • Local city or county ordinances, permit requirements, or other rules are prohibited from outright prohibiting the construction of a hazardous waste facility.
  • Real property owners adversely affected by the approval of a facility siting license may bring an action in district court against the facility owner for property devaluation within nine months of approval.
  • Commercial hazardous waste disposal facility operators must submit a written annual report to the department no later than 30 days after January 31 of each calendar year detailing wastes received from Idaho and other states.
  • The director may issue a research, development, and demonstration permit for unpromulgated hazardous waste treatment technologies for up to 1 year, renewable up to 3 times.
  • The act repeals Chapter 58, Title 39, Idaho Code, relating to hazardous waste facility siting, and takes effect on July 1, 2026.

Frequently Asked Questions

What is required before constructing a commercial hazardous waste facility in Idaho?
An applicant must obtain a siting license from the director of the Idaho Department of Environmental Quality, pass review by a 10-member site review panel, and meet strict minimum siting criteria regarding distance from water, residential areas, and public institutions.
Can local cities or counties ban a hazardous waste facility using local ordinances?
No. The act expressly prohibits city or county ordinances, permit requirements, or other rules from prohibiting the construction of a hazardous waste facility.
What recourse do property owners have if a nearby hazardous waste facility devalues their property?
Before construction and no later than nine months after approval of a site license, adversely affected property owners may bring an action in a district court against the facility owner for compensation equal to the value of the loss.
When does this new legislation take effect?
The act is in full force and effect on and after July 1, 2026.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Current status: Signed into law.

Procedural history

17 actions
  1. Mar 23, 2026Enrolled
    Reported Signed by Governor on March 20, 2026 Session Law Chapter 89 Effective: 07/01/2026
  2. Mar 20, 2026
    Delivered to Governor at 4:32 p.m. on March 19, 2026
  3. Mar 19, 2026
    Returned Signed by the President; Ordered Transmitted to Governor
  4. Mar 19, 2026
    Signed by President; returned to House
  5. Mar 19, 2026
    Received from the House enrolled/signed by Speaker
  6. Mar 18, 2026
    Reported Enrolled; Signed by Speaker; Transmitted to Senate
Show 11 earlier actions
  1. Mar 18, 2026Floor
    Returned from Senate Passed; to JRA for Enrolling
  2. Mar 17, 2026Floor
    Read third time in full – PASSED - 34-0-1 AYES – Adams, Anthon, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woller(Rabe), Woodward, Zito, Zuiderveld NAYS – None Absent and excused – Keyser Floor Sponsor - Bjerke(Bjerke) Title apvd - to House
  3. Mar 16, 2026
    Read second time; filed for Third Reading
  4. Mar 13, 2026
    Reported out of Committee with Do Pass Recommendation; Filed for second reading
  5. Mar 6, 2026Introduced
    Introduced, read first time; referred to: Health & Welfare
  6. Mar 6, 2026Floor
    Received from the House passed; filed for first reading
  7. Mar 5, 2026Floor
    Read Third Time in Full – PASSED - 68-0-2 AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Egbert, Ehardt, Ehlers, Fuhriman, Furniss, Galaviz, Gannon, Garner, Hall(Stone), Handy, Harris, Hawkins, Haws, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen(Athay), Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. Speaker NAYS – None Absent – Erickson, Green Floor Sponsor - Vander Woude Title apvd - to Senate
  8. Mar 4, 2026
    Read second time; Filed for Third Reading
  9. Mar 3, 2026
    Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
  10. Feb 18, 2026Committee
    Reported Printed and Referred to Environment, Energy & Technology
  11. Feb 17, 2026Introduced
    Introduced, read first time, referred to JRA for Printing

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Shift to State-Level Siting Oversight

The legislation repeals previous siting provisions and centralizes review through state-mandated site review panels while explicitly overriding local prohibitions.

Connected Entities

Idaho Board of Environmental Quality, United States Army Corps of Engineers, United States Environmental Protection Agency and 3 more
OrganizationIdaho Board of Environmental Quality“Board authorized to adopt rules relating to hazardous waste.”Map →
OrganizationUnited States Army Corps of Engineers“Administers Formerly Utilized Sites Remedial Action Program sites.”Map →
OrganizationUnited States Environmental Protection Agency“Federal agency associated with RCRA and federal hazardous waste regulations.”Map →
OrganizationIdaho Department of Environmental Quality“State agency responsible for hazardous waste management, permits, and siting lic”Map →
OrganizationIdaho Department of Water Resources“Agency whose director or representative serves on site review panels.”Map →
OrganizationIdaho Transportation Department“Agency whose director or representative serves on site review panels.”Map →

Sources

Open source document

legislature.idaho.gov

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy65
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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