[Congressional Record Volume 142, Number 14 (Thursday, February 1, 1996)]
[Extensions of Remarks]
[Page E136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT OF 1995

                                 ______


                               speech of

                            HON. RICK LAZIO

                              of new york

                    in the house of representatives

                       Tuesday, January 30, 1996

  Mr. LAZIO of New York. Mr. Speaker, I rise in support of this flow 
control legislation that we are voting on today, but I want to express 
my concerns with a certain provision of the bill.
  This legislation grandfathers communities with solid waste facilities 
that were financed with bonded debt or under a contractual obligation. 
Without this legislation, municipalities run the risk of not being able 
to meet their financial obligations. The relief offered by this bill 
will allow communities to pay off their bonds and avoid having to raise 
local taxes. It will also help prevent a potential torrent of lawsuits 
and bond defaults, or a possible downgrading of a municipality's bond 
rating, all of which could occur if Congress delays in passing a flow 
control bill. I am supporting this bill, not only to move it along in 
the legislative process, but more importantly, to protect taxpayers.
  I am concerned that the bill's interim contracts provision may 
ultimately erode the ability of many towns on Long Island to utilize 
flow control. As a result of the Supreme Court's decision in C&A 
Carbone versus Clarkstown, some waste haulers have entered into 
contracts that would still be honored despite the enactment of a 
Federal flow control statute. My concern is that these waste haulers 
may have contracted to deliver solid waste collected within the 
boundaries of a municipality to a facility outside of the community's 
jurisdiction. At this point, municipalities located in my district, 
such as the towns of Islip and Babylon, cannot determine the volume of 
refuse that might be diverted out of their waste stream as a result of 
these interim contracts, thus subverting the spirit of authorizing 
local flow control laws. Furthermore, the interim contract provision 
would make it difficult for municipalities to enforce their taxing 
powers in municipal collection districts. Municipalities would have to 
trace interim contract waste. This would present tremendous tracking 
and administrative problems. Consequently, this potential loss of 
revenue for the municipalities may increase their financial burdens 
associated with waste storage facilities.
  Communities need flow control legislation to ensure they can 
effectively plan and pay for their resource recovery programs. In some 
instances, the intent of Congress has been perverted by the 
discriminate application by localities of the provision, Expenses 
incurred on behalf of all residents for the administration of waste 
disposal must not fall disproportionately on a few. They must be fairly 
applied to all.
  The Senate has already passed a flow control bill and the House 
should do the same. I then look forward to working with House-Senate 
conferees to resolve the problems and uncertainties that exist with the 
interim contract provision.

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