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1999 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-5102 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-5102. One or more localities may create authority.
A. The governing body of a locality may by ordinance or resolution, or the
governing bodies of two or more localities may by concurrent ordinances or resolutions or
by agreement, create a water authority, a sewer authority, a sewage disposal
authority, a stormwater control authority, or a refuse collection and disposal
authority, or any combination or parts thereof. The name of the authority shall contain
the word "authority." The authority shall be a public body politic and corporate. The
ordinance, resolution or agreement creating the authority shall not be adopted
or approved until a public hearing has been held on the question of its
adoption or approval, and after approval at a referendum if one has been
ordered pursuant to this chapter.
B. Any authority, or any subsidiary thereof, organized pursuant to this section to operate a refuse collection and disposal system that, pursuant to statute, is specifically authorized to include in the system (i) facilities for processing solid waste as a fuel and (ii) facilities for generating steam and electricity for sale, shall not be subject to regulation under the Utilities Facilities Act (§ 56-265.1 et seq.), provided that sales of electricity generated at such facilities are made only to a federal agency whose primary responsibility is national defense and the energy is delivered directly from the generator to the customer’s facilities or to a public utility.