[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Introduced in House (IH)]

  1st Session
                                H. R. 2838

    To amend the Solid Waste Disposal Act to provide congressional 
  authorization for State and local flow control authority over solid 
                     waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 22, 1995

   Mr. Smith of New Jersey introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Solid Waste Disposal Act to provide congressional 
  authorization for State and local flow control authority over solid 
                     waste, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Debt Relief Act of 1995''.

SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL FLOW CONTROL 
              AUTHORITY OVER SOLID WASTE.

    Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
is amended by adding after section 4010 the following new section:

``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL FLOW 
              CONTROL AUTHORITY OVER SOLID WASTE.

    ``(a) Areas with Pre-1984 Flow Control.--
            ``(1) General authority.--A State may exercise flow control 
        authority over solid waste if, on or before January 1, 1984, 
        the State--
                    ``(A) adopted regulations under a State law that 
                required or directed the transportation, management, or 
                disposal of solid waste from residential, commercial, 
                institutional, or industrial sources (as defined under 
                State law) to specifically identified waste management 
                facilities, and applied those regulations to every 
                political subdivision of the State, and
                    ``(B) subjected waste management facilities to the 
                jurisdiction of a State public utilities commission.
            ``(2) Additional authority.--A State that meets the 
        requirements of paragraph (1) and any political subdivision 
        thereof may exercise flow control authority over all classes 
        and categories of solid waste that were subject to flow control 
        by such State or political subdivision thereof on May 16, 1994, 
        by directing it from any existing waste management facility to 
        any other existing or proposed waste management facility.
            ``(3) Limitation of authority.--The additional authority 
        granted by paragraph (2) may be exercised to--
                    ``(A) any facility described in paragraph (2) for 
                up to 5 years after the date of enactment of this 
                section, and
                    ``(B) after 5 years after enactment of this 
                section, only to those facilities and only with respect 
                to the classes, categories, and geographic origin of 
                solid waste specifically identified by the State in a 
                public notice issued within 5 years after enactment of 
                this section.
            ``(4) Duration of authority.--The authority to direct solid 
        waste to any facility pursuant to this subsection shall 
        terminate at the expiration date of a revenue or general 
        obligation bond issued to finance one or more waste management 
        facilities.
            ``(5) Definitions.--For purposes of this subsection:
                    ``(A) The term `flow control authority' means the 
                authority to control the movement of solid waste and 
                direct such solid waste to one or more waste management 
                facilities.
                    ``(B) The term `proposed waste management facility' 
                means a waste management facility that was specifically 
                identified in a waste management plan prior to May 16, 
                1994, and for the construction of which--
                            ``(i) revenue bonds were issued and 
                        outstanding as of May 16, 1994,
                            ``(ii) additional financing with revenue 
                        bonds was required as of the date of enactment 
                        of this section to complete construction, and
                            ``(iii) a permit had been issued prior to 
                        December 31, 1994.''.
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