HB 1802 Displacement of private waste companies.
Shirley F. Cooper | all patrons    ...    notes
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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:
01/19/95  House: Presented & ordered printed LD0959160  pdf
02/04/95  House: Committee substitute printed LD5144160-H1  pdf
02/15/95  Senate: Committee substitute printed LD6865160-S1  pdf
02/24/95  House: Bill text as passed House and Senate (HB1802ER)  pdf
04/03/95  Governor: Acts of Assembly Chapter text (CHAP0660)  pdf

Status:
01/19/95  House: Presented & ordered printed LD0959160
01/19/95  House: Referred to Committee on Counties, Cities and Towns
01/26/95  House: Assigned to C. C. T. sub-committee: 1
02/03/95  House: Reported from C. C. T. with sub. (20-Y 1-N)
02/04/95  House: Committee substitute printed LD5144160-H1
02/05/95  House: Read first time
02/06/95  House: Read second time
02/06/95  House: Committee substitute agreed to LD5144160-H1
02/06/95  House: Engrossed by House - com. sub. LD5144160-H1
02/07/95  House: Read third time and passed House (92-Y 6-N)
02/07/95  House: VOTE: PASSAGE (92-Y 6-N)
02/07/95  House: Communicated to Senate
02/08/95  Senate: Read first time
02/08/95  Senate: Referred to Committee on Local Government
02/14/95  Senate: Reported from Local Government w/sub. (15-Y 0-N)
02/15/95  Senate: Constitutional reading dispensed (40-Y 0-N)
02/15/95  Senate: VOTE: CONST. READING DISPENSED (40-Y 0-N)
02/15/95  Senate: Committee substitute printed LD6865160-S1
02/16/95  Senate: Read third time
02/16/95  Senate: Reading of substitute waived
02/16/95  Senate: Committee substitute agreed to LD6865160-S1
02/16/95  Senate: Engrossed by Senate - comm. sub. LD6865160-S1
02/16/95  Senate: Passed Senate with substitute (32-Y 6-N)
02/16/95  Senate: VOTE: PASSAGE (32-Y 6-N)
02/16/95  Senate: Rec. of Sen. passage agreed to by Senate (38-Y 0-N)
02/16/95  Senate: VOTE: RECONSIDER (38-Y 0-N)
02/16/95  Senate: Passed Senate with substitute (27-Y 12-N)
02/16/95  Senate: VOTE: PASSAGE (27-Y 12-N)
02/17/95  House: Placed on Calendar
02/20/95  House: Senate substitute agreed to by House (90-Y 5-N)
02/20/95  House: VOTE: ADOPTION (90-Y 5-N)
02/24/95  House: Bill text as passed House and Senate (HB1802ER)
03/06/95  House: Enrolled
03/06/95  Senate: Signed by President
03/07/95  House: Signed by Speaker
03/25/95  Governor: Approved by Governor-Chapter 660 (effective 7/1/95)
04/03/95  Governor: Acts of Assembly Chapter text (CHAP0660)