[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             REGULATION OF INTRASTATE MOTOR CARRIER SYSTEMS

  Mrs. MURRAY. In the weeks since Congress passed the Federal Aviation 
Administration Authorization Act of 1994. H.R. 2739, I have had 
concerns raised by constituents in Washington State regarding whether 
this law preempts State and local regulatory authority of the 
transportation of garbage and refuse, and the transportation for 
collection of recyclable materials that are part of a residential 
curbside recycling program.
  Mr. FORD. I can assure the Senator it was not the intent of Congress 
to preempt State and local regulation of the activities that the 
Senator just mentioned. As a matter of fact, the Senate recently passed 
an amendment in the nature of a substitute to H.R. 5123, which I did 
not feel was necessary, but made it abundantly clear to everyone the 
transportation of garbage and refuse was not affected by H.R. 2739.
  Mr. GORTON. Senator Ford, as you know, it was my intent to offer an 
amendment to clarify the recycling issue during the last Commerce 
Committee markup, but I was assured by DOT and ICC that such an 
amendment was not necessary. Is that the Senator's recollection as 
well?
  Mr. FORD. Yes, and I would like to add that the Interstate Commerce 
Commission [ICC] has issued a legal opinion that title VI of the 
Federal Aviation Act of 1994 does not preempt a State or municipality 
from regulating curbside collection for recyclable. According to the 
ICC, ``recyclable segregated from trash for curbside collection should 
not be deemed to be property under the ICC precedent and as such would 
not come within the purview of title VI of the FAA Act.''
  Mrs. MURRAY. I want to thank the Senator for making it clear that it 
is not the congressional intent of section VI of the FAA Act to preempt 
State and local regulation in the areas we just mentioned.

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