SD18 - Report of the Joint Subcommittee Studying Flow Control and Resource Recovery Legislation

  • Published: 1985
  • Author: Joint Subcommittee Studying Flow Control and Resource Recovery Legislation
  • Enabling Authority: Senate Bill 657 (Regular Session, 1984)

Executive Summary:
The origin of this study is traced to a legislative package which was before the 1984 General Assembly in companion sets of House and Senate bills. The package commonly has been referred to as "flow control" legislation although, as will be explained, flow control is only one of the issues involved. The overall purpose of the legislation was to empower localities to structure resource recovery operations as a means of disposing of the locality's refuse, garbage and trash.

House Bills 164 and 165 and Senate Bill 292 were enacted into law in 1984. House Bill 165 addressed the powers of local governments directly in resource recovery, while House Bill 164 was concerned with similar powers for water and sewer authorities. Senate Bill 292 more narrowly was directed to certain small districts of sanitary districts in certain counties. The Governor vetoed parallel bills, Senate Bills 90 and 91 and House Bill 693, because they were substantially the same as the three which were signed.

Each of the bills, as originally introduced in 1984, were general bills applying to all counties, cities and towns. As finally passed by the General Assembly and signed by the Governor, they in effect now apply to the City of Alexandria and Arlington County. During the course of the legislative history of the bills, however, several other localities did seek unsuccessfully to be included.

All of the bills were considered by a Committee of Conference at the 1984 Session. Each of them carried the following recommendations of the Conference Committee, pursuant to which this Joint Subcommittee was established:

"We recommend that the Senate Committee on Local Government and the House Committee on Counties, Cities and Towns jointly study the issues raised in the debate of this bill regarding the implications for various communities around the state as well as the issue of the effects of similar legislation on property rights and competition, and to report to the General Assembly by December 15, 1984."

At its initial meeting, Senator J. Granger Macfarlane was elected Chairman and Delegate Franklin P. Hall Vice-Chairman. The Subcommittee worked extensively on this issue throughout the year and sought the advice of several legal and technical experts on the subject. In all, the Subcommittee held five meetings in Richmond (June 8, August 2, November 19, December 7, and December 17), a work session in Hampton (October 2), and a public hearing in Fairfax (October 18). We also inspected the resource recovery facility in Hampton.