Summary: H.R.1085 — 104th Congress (1995-1996)All Information (Except Text)

There is one summary for H.R.1085. Bill summaries are authored by CRS.

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Introduced in House (02/28/1995)

Local Governments Flow Control Act of 1995 - Amends the Solid Waste Disposal Act to authorize States and political subdivisions to exercise flow control authority if, before May 15, 1994, such States or political subdivisions adopted a flow control measure that: (1) required the delivery of flow controllable solid waste to a proposed or existing waste management facility; or (2) identified waste management methods necessary for the transportation, management, or disposal of such waste and committed to designate a facility for such methods.

Authorizes States and political subdivisions to exercise such authority over voluntarily relinquished recyclable materials generated within their boundaries.

Considers flow control measures that implement such authority and contracts that authorize the collection, transportation, or disposal of flow controllable solid waste (but do not involve such authority) to be a reasonable regulation of commerce.

Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; (2) the State or subdivision assumes such rights or ownership; and (3) the State or subdivision complies with requirements to separate or divert recyclable materials for recycling, reclamation, or reuse.

Establishes additional conditions on the exercise of flow control authority, including requirements that such authority is necessary to meet current or anticipated waste management needs, such authority is limited to specified waste categories, and revenues derived from the exercise of such authority are devoted primarily to solid waste management services.

Permits States and subdivisions to designate a waste management facility only if they implement a competitive designation process.

Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce.