SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1995 SESSION

  • | print version

HB 1802 Displacement of private waste companies.

Introduced by: Shirley F. Cooper | all patrons    ...    notes | add to my profiles

SUMMARY:

Displacement of private waste companies. Requires local governments, combinations of local governments and public service authorities to undertake certain public procedures when contemplating actions that would displace private companies providing waste hauling services. Private companies are allowed to continue to provide the service for five years following a displacement decision. As an alternative to delaying five years, local governments or service authorities may pay a private company an amount equal to the company's preceding 12 months' gross receipts for the service in the displacement area. Procedures include at least one public hearing with public notice and notice by first class mail to private hauling companies in the jurisdiction. “Displacement” means the provision of the service or creation of franchises which prohibits a private firm from providing the same service which the firm is providing at the time the decision that will result in displacement is made. Displacement does not mean: (i) competition for individual contracts; (ii) situations where at the end of a contract with a private company the contract is awarded to another private company or, after following competitive procedures in accord with the Virginia Public Procurement Act, to a public service authority formed under the Water and Sewer Authorities Act, or where, following such competitive procedures, the public body decides to provide the service itself; (iii) situations where action is taken against a private company because the company has acted in a manner threatening to the public health and safety or resulting in a substantial public nuisance; (iv) situations where action is taken against a private company because the company has materially breached its contract; (v) situations where a private company refuses to continue operations under the terms of its existing agreement during the five-year period; (vi) entering into a contract with a private company to provide such services so long as such contract is not entered into pursuant to an ordinance which displaces another private company; or (vii) situations where at least 55 percent of the property owners in the displacement area petition the governing body to take over the service.


FULL TEXT

HISTORY