{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1438.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1438.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1438.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1438.html"}],"law_id":54011,"edition_id":1,"section_id":54011,"structure_id":12888,"section_number":"10.1-1438","catch_line":"Powers of governing body of host community; technical assistance","history":"1986, c. 492, \u00a7 10-294; 1988, c. 891.","full_text":"A\n\nThe governing body of a host community shall have the power to:1\n\nHire and pay consultants and other experts on behalf of the host community in matters pertaining to the siting of the facility;2\n\nReceive and disburse moneys from the fund, and any other moneys as may be available; and3\n\nEnter into a contract, which may be assignable at the parties’ option, binding upon the governing body of the host community and enforceable against it and future governing bodies of the host community in any court of competent jurisdiction, with an applicant by signing a siting agreement pursuant to § 10.1-1442.B\n\nThe Board shall make available to the governing body from the fund a reasonable sum of money to be determined by the Board. This shall be used by the governing body to hire consultants to provide it with technical assistance and information necessary to aid the governing body in its review of the siting proposal, negotiations with the applicant and the development of a siting agreement.\n\t\t\tUnused moneys from the fund shall be returned to the Board. The governing body shall provide the Board with a certified accounting statement of any moneys expended from the fund.C\n\nThe governing body of the host community may appoint a local advisory committee to facilitate communication and the exchange of information among the local government, the community, the applicant and the Board.D\n\nNotwithstanding the foregoing provisions of this article, the governing body of a host community may notify the Board, within fifteen days after the briefing meeting pursuant to § 10.1-1439, that it has elected to waive further participation under the provisions of this article. After receiving notification from the host community, the Board may issue certification of site approval without further participation by the host community under the provisions of this section and § 10.1-1442. Nothing shall prevent a host community from submitting comments on the application or participating in any public hearing or meeting held pursuant to this chapter, nor shall the host community be precluded from enforcing its regulations and ordinances as provided by subsection G of § 10.1-1446.","order_by":null,"text":{"0":{"id":198295,"text":"The governing body of a host community shall have the power to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":198296,"text":"Hire and pay consultants and other experts on behalf of the host community in matters pertaining to the siting of the facility;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":198297,"text":"Receive and disburse moneys from the fund, and any other moneys as may be available; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":198298,"text":"Enter into a contract, which may be assignable at the parties’ option, binding upon the governing body of the host community and enforceable against it and future governing bodies of the host community in any court of competent jurisdiction, with an applicant by signing a siting agreement pursuant to § 10.1-1442.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":198299,"text":"The Board shall make available to the governing body from the fund a reasonable sum of money to be determined by the Board. This shall be used by the governing body to hire consultants to provide it with technical assistance and information necessary to aid the governing body in its review of the siting proposal, negotiations with the applicant and the development of a siting agreement.\n\t\t\tUnused moneys from the fund shall be returned to the Board. The governing body shall provide the Board with a certified accounting statement of any moneys expended from the fund.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":198300,"text":"The governing body of the host community may appoint a local advisory committee to facilitate communication and the exchange of information among the local government, the community, the applicant and the Board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":198301,"text":"Notwithstanding the foregoing provisions of this article, the governing body of a host community may notify the Board, within fifteen days after the briefing meeting pursuant to § 10.1-1439, that it has elected to waive further participation under the provisions of this article. After receiving notification from the host community, the Board may issue certification of site approval without further participation by the host community under the provisions of this section and § 10.1-1442. Nothing shall prevent a host community from submitting comments on the application or participating in any public hearing or meeting held pursuant to this chapter, nor shall the host community be precluded from enforcing its regulations and ordinances as provided by subsection G of § 10.1-1446.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12888,"edition_id":1,"name":"Siting of Hazardous Waste Facilities","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":146399,"object_type":"structure","relational_id":12888,"identifier":"6","token":"10.1\/II\/14\/6","url":"\/10.1\/II\/14\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82154,"structure_id":12888,"section_number":"10.1-1433","catch_line":"Definitions","url":"\/10.1-1433\/","token":"10.1\/II\/14\/6\/10.1-1433","metadata":false},{"id":70685,"structure_id":12888,"section_number":"10.1-1434","catch_line":"Additional powers and duties of the Board","url":"\/10.1-1434\/","token":"10.1\/II\/14\/6\/10.1-1434","metadata":false},{"id":83209,"structure_id":12888,"section_number":"10.1-1435","catch_line":"Certification of site approval required; \"construction\" defined; remedies","url":"\/10.1-1435\/","token":"10.1\/II\/14\/6\/10.1-1435","metadata":false},{"id":54464,"structure_id":12888,"section_number":"10.1-1436","catch_line":"Site approval criteria","url":"\/10.1-1436\/","token":"10.1\/II\/14\/6\/10.1-1436","metadata":false},{"id":85063,"structure_id":12888,"section_number":"10.1-1437","catch_line":"Notice of intent to file application for certification of site approval","url":"\/10.1-1437\/","token":"10.1\/II\/14\/6\/10.1-1437","metadata":false},{"id":54011,"structure_id":12888,"section_number":"10.1-1438","catch_line":"Powers of governing body of host community; technical assistance","url":"\/10.1-1438\/","token":"10.1\/II\/14\/6\/10.1-1438","metadata":false},{"id":85225,"structure_id":12888,"section_number":"10.1-1439","catch_line":"Briefing meetings","url":"\/10.1-1439\/","token":"10.1\/II\/14\/6\/10.1-1439","metadata":false},{"id":66446,"structure_id":12888,"section_number":"10.1-1440","catch_line":"Impact analysis","url":"\/10.1-1440\/","token":"10.1\/II\/14\/6\/10.1-1440","metadata":false},{"id":74593,"structure_id":12888,"section_number":"10.1-1441","catch_line":"Application for certification of site approval","url":"\/10.1-1441\/","token":"10.1\/II\/14\/6\/10.1-1441","metadata":false},{"id":69857,"structure_id":12888,"section_number":"10.1-1442","catch_line":"Negotiations; siting agreement","url":"\/10.1-1442\/","token":"10.1\/II\/14\/6\/10.1-1442","metadata":false},{"id":58054,"structure_id":12888,"section_number":"10.1-1443","catch_line":"Draft certification of site approval","url":"\/10.1-1443\/","token":"10.1\/II\/14\/6\/10.1-1443","metadata":false},{"id":67613,"structure_id":12888,"section_number":"10.1-1444","catch_line":"Public hearing on draft certification of site approval","url":"\/10.1-1444\/","token":"10.1\/II\/14\/6\/10.1-1444","metadata":false},{"id":70266,"structure_id":12888,"section_number":"10.1-1445","catch_line":"Final decision on certification of site approval","url":"\/10.1-1445\/","token":"10.1\/II\/14\/6\/10.1-1445","metadata":false},{"id":83997,"structure_id":12888,"section_number":"10.1-1446","catch_line":"Effect of certification","url":"\/10.1-1446\/","token":"10.1\/II\/14\/6\/10.1-1446","metadata":false},{"id":67727,"structure_id":12888,"section_number":"10.1-1447","catch_line":"Public participation; notice","url":"\/10.1-1447\/","token":"10.1\/II\/14\/6\/10.1-1447","metadata":false},{"id":55114,"structure_id":12888,"section_number":"10.1-1448","catch_line":"Technical Assistance Fund","url":"\/10.1-1448\/","token":"10.1\/II\/14\/6\/10.1-1448","metadata":false},{"id":58355,"structure_id":12888,"section_number":"10.1-1449","catch_line":"Siting Dedicated Revenue Fund","url":"\/10.1-1449\/","token":"10.1\/II\/14\/6\/10.1-1449","metadata":false}],"previous_section":{"id":85063,"structure_id":12888,"section_number":"10.1-1437","catch_line":"Notice of intent to file application for certification of site approval","url":"\/10.1-1437\/","token":"10.1\/II\/14\/6\/10.1-1437","metadata":false},"next_section":{"id":85225,"structure_id":12888,"section_number":"10.1-1439","catch_line":"Briefing meetings","url":"\/10.1-1439\/","token":"10.1\/II\/14\/6\/10.1-1439","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1438\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 492 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1988, chapter 891.<\/p>","references":[{"id":66446,"section_number":"10.1-1440","catch_line":"Impact analysis","order_by":null,"url":"\/10.1-1440\/"},{"id":74593,"section_number":"10.1-1441","catch_line":"Application for certification of site approval","order_by":null,"url":"\/10.1-1441\/"},{"id":55114,"section_number":"10.1-1448","catch_line":"Technical Assistance Fund","order_by":null,"url":"\/10.1-1448\/"}],"refers_to":[{"id":85225,"section_number":"10.1-1439","catch_line":"Briefing meetings","order_by":null,"url":"\/10.1-1439\/"},{"id":69857,"section_number":"10.1-1442","catch_line":"Negotiations; siting agreement","order_by":null,"url":"\/10.1-1442\/"},{"id":83997,"section_number":"10.1-1446","catch_line":"Effect of certification","order_by":null,"url":"\/10.1-1446\/"}],"permalink":{"id":146421,"object_type":"law","relational_id":54011,"identifier":"10.1-1438","token":"10.1\/II\/14\/6\/10.1-1438","url":"\/10.1-1438\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1438\/","token":"10.1\/II\/14\/6\/10.1-1438","dublin_core":{"Title":"Powers of governing body of host community; technical assistance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1438","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing body of a host community<\/span> shall have the power to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Hire and pay consultants and other experts on behalf of the host community<\/span> in matters pertaining to the siting of the facility<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Receive and disburse moneys from the fund<\/span>, and any other moneys as may be available; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Enter into a contract<\/span>, which may be assignable at the parties’ option, binding upon the governing body of the host community<\/span> and enforceable against it and future governing bodies of the host community<\/span> in any court<\/span> of competent jurisdiction<\/span>, with an applicant<\/span> by signing a siting agreement pursuant to § 10.1-1442<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall make available to the governing body from the fund<\/span> a reasonable sum of money to be determined by the Board<\/span>. This shall be used by the governing body to hire consultants to provide it with technical assistance and information necessary to aid the governing body in its review of the siting proposal, negotiations with the applicant<\/span> and the development of a siting agreement.\n\t\t\tUnused moneys from the fund<\/span> shall be returned to the Board<\/span>. The governing body shall provide the Board<\/span> with a certified accounting statement of any moneys expended from the fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The governing body of the host community<\/span> may appoint a local advisory committee to facilitate communication and the exchange of information among the local government, the community, the applicant<\/span> and the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the foregoing provisions of this article, the governing body of a host community<\/span> may notify the Board<\/span>, within fifteen days after the briefing meeting pursuant to § 10.1-1439<\/a>, that it has elected to waive<\/span> further participation under the provisions of this article. After receiving notification from the host community<\/span>, the Board<\/span> may issue<\/span> certification<\/span> of site approval without further participation by the host community<\/span> under the provisions of this section and § 10.1-1442<\/a>. Nothing shall prevent a host community<\/span> from submitting comments on the application<\/span> or participating in any public hearing<\/span> or meeting held pursuant to this chapter, nor shall the host community<\/span> be precluded from enforcing its regulations and ordinances<\/span> as provided by subsection G of § 10.1-1446<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS OF GOVERNING BODY OF HOST COMMUNITY; TECHNICAL ASSISTANCE (\u00a7 10.1-1438)\n\nA. The governing body of a host community shall have the power to:\n\n 1. Hire and pay consultants and other experts on behalf of the host community\n in matters pertaining to the siting of the facility;\n\n 2. Receive and disburse moneys from the fund, and any other moneys as may be\n available; and\n\n 3. Enter into a contract, which may be assignable at the parties’\n option, binding upon the governing body of the host community and enforceable\n against it and future governing bodies of the host community in any court of\n competent jurisdiction, with an applicant by signing a siting agreement\n pursuant to § 10.1-1442.\n\nB. The Board shall make available to the governing body from the fund a\nreasonable sum of money to be determined by the Board. This shall be used by the\ngoverning body to hire consultants to provide it with technical assistance and\ninformation necessary to aid the governing body in its review of the siting\nproposal, negotiations with the applicant and the development of a siting\nagreement.\n\t\t\tUnused moneys from the fund shall be returned to the Board. The governing\nbody shall provide the Board with a certified accounting statement of any moneys\nexpended from the fund.\n\nC. The governing body of the host community may appoint a local advisory\ncommittee to facilitate communication and the exchange of information among the\nlocal government, the community, the applicant and the Board.\n\nD. Notwithstanding the foregoing provisions of this article, the governing body\nof a host community may notify the Board, within fifteen days after the briefing\nmeeting pursuant to § 10.1-1439, that it has elected to waive further\nparticipation under the provisions of this article. After receiving notification\nfrom the host community, the Board may issue certification of site approval\nwithout further participation by the host community under the provisions of this\nsection and § 10.1-1442. Nothing shall prevent a host community from\nsubmitting comments on the application or participating in any public hearing or\nmeeting held pursuant to this chapter, nor shall the host community be precluded\nfrom enforcing its regulations and ordinances as provided by subsection G of\n§ 10.1-1446.\n\nHISTORY: 1986, c. 492, \u00a7 10-294; 1988, c. 891.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}