[Congressional Record Volume 140, Number 83 (Monday, June 27, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 REGARDING THE INTRODUCTION OF THE MUNICIPAL SOLID WASTE FLOW CONTROL 
                              ACT OF 1994

                                 ______


                             HON. ROD GRAMS

                              of minnesota

                    in the house of representatives

                         Monday, June 27, 1994

  Mr. GRAMS. Mr. Speaker, I rise today to express support of H.R. 4643, 
the Municipal Solid Waste Flow Control Act of 1994. I have joined with 
Mr. Richardson of New Mexico, Mr. Fields of Texas, and Mr. Bryant of 
Texas in introducing this legislation and would urge my colleagues in 
the House to act swiftly and enact it.
  Many of my colleagues are all too familiar with the local effect of 
the U.S. Supreme Court's ruling in C.A. Carbone, Inc. versus Town of 
Clarkstown. In this 6-to-3 decision, the Court ruled that restrictions 
on the ``services of processing and disposing of the waste'' and not 
the ``solid waste'' per se, unlawfully burden the stream of commerce.
  Today, local governments in some 29 States are now left footing the 
bill on waste flow control facilities. In my home State of Minnesota, 
county officials developed an integrated waste management system 
premised upon State waste flow control laws. They built incinerators or 
composting facilities with a mandate for a steady stream of waste to 
finance them. Yet as a result of the Carbone decision, these county 
commissioners are now faced with the unsavory options of cutting vital 
programs or raising residential taxes.
  While I realize there are a number of flow control bills being 
circulated about the Congress, the Municipal Solid Waste Flow Control 
Act provides a win-win option for all parties. This bipartisan measure 
is backed by the Sierra Club and a segment of the waste management 
industry. Under the provisions of H.R. 4643, local governments that 
currently utilize flow control laws will be grandfathered for a limited 
time. This approach protects local government and local taxpayers 
without undermining the commerce clause. The Municipal Solid Waste Flow 
Control Act also provides us with a bill which could be enacted rapidly 
because of its narrow scope.
  Therefore, I would urge my colleagues to join me in supporting H.R. 
4643 and in providing relief to the local communities in Minnesota and 
in 28 other States. Thank you.

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