{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-5102.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-5102.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-5102.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-5102.1.html"}],"law_id":80330,"edition_id":1,"section_id":80330,"structure_id":16320,"section_number":"15.2-5102.1","catch_line":"(For contingent expiration date, see Acts 2009, c. 742, cl. 3) Hampton Roads area refuse collection and disposal system authority","history":"2009, c. 742; 2018, c. 547; 2021, Sp. Sess. I, c. 325.","full_text":"Any authority, or any subsidiary thereof, organized pursuant to \u00a7 15.2-5102 to operate a refuse collection and disposal system that has among its members the Cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk, and Franklin and the Counties of Isle of Wight and Southampton shall, notwithstanding any other law to the contrary, comply with the following requirements:\n\n1\n\nEach locality that is a member of the authority shall nominate individuals to fill one position on the Board of Directors (the Board) by submitting a list of three potential directors, each of whom shall possess general business knowledge and shall not be an elected official, to the Governor. The Governor shall then select and appoint one director from each of the lists of nominees prepared by the member localities. In addition, each member locality shall be authorized to directly appoint, upon a majority vote of the governing body of the member locality, one ex officio member of the Board who shall be an employee of the member locality. The members of the Board shall be appointed for terms of four years each. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. No member shall serve for more than two consecutive four-year terms, except that (i) any member appointed to the unexpired term of another shall be eligible to serve two consecutive four-year terms and (ii) a member directly appointed by the governing body of a member locality shall not be subject to a term limit.2\n\nThe authority shall develop and maintain a financial plan that shall cover a period of at least five years forward from the year in which it is submitted and approved by the Board. The plan shall include at a minimum a five-year projection of revenues and expenses, a five-year capital improvement and equipment replacement schedule, and the proposed funding for the plan. The plan shall be reviewed annually to determine whether amendments are needed. Any such amendments shall be submitted to the board of directors for approval.3\n\nThe authority’s core purpose shall be defined as “management of the safe and environmentally sound disposal of regional waste.” The authority shall devote its time and effort to activities associated with its core purpose. A vote of a majority of the Board shall be required prior to undertaking any activities not associated with the authority’s core purpose.4\n\nThe authority shall develop and maintain a strategic operating plan identifying all elements of its core business units and core purpose, how each business and administrative unit will support the overall strategic plan, and how the authority will achieve its stated mission and core purpose. The strategic operating plan shall be subject to review and approval of the Board on an annual basis.5\n\nThe authority shall consider outsourcing any or all functions that may result in reduced costs to the authority and issuing requests for proposals that potentially reduce the costs of any of its programs. In addition, the authority shall, in accordance with the authority’s procurement policies, consider any proposals the authority receives under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) that potentially reduce the costs of any of the authority’s programs.6\n\nThe authority shall evaluate its landfill capacity annually, taking into consideration and projecting future changes in the quantity of waste disposed of in its landfill, or landfills reasonably situated or contractually obligated to accept its waste.7\n\nThe authority shall keep records of its costs, revenue, debts, and capital expenses by fiscal year for each program and records of costs for each individual capital project. The authority shall not dispose of or destroy such records except pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.).8\n\nIf the authority incurs long-term debt or issues new debt, the authority shall maintain a detailed financing plan that shall include a plan for the retirement of all debt and a plan for the funding of all planned capital projects. The plan for the funding of all planned capital projects shall specify the amount of debt the authority will issue in furtherance of the projects and the debt repayment plan for any new debt created by the capital projects, including the revenue source that will be used to repay the debt. The detailed financing plan shall be updated by the authority with the advice and assistance of an external certified public accountant or other qualified financial consultant and approved annually by the Board.9\n\nPrior to issuance of new debt, the authority shall, with the advice and assistance of an external certified public accountant or other qualified financial consultant, perform a due diligence investigation of the appropriateness of issuing the debt, including an analysis of the costs of repaying the debt. Such analysis shall be reviewed by the Board and approved by a vote of a minimum of 75 percent of the Board. The issuance of new debt shall require a vote of a minimum of 75 percent of the Board of Directors of the authority. The authority shall not issue long-term bond indebtedness to fund operational expenses. The provisions of this subdivision shall not apply to the issuance of new debt issued for the purpose of refunding or refinancing debt incurred by the authority prior to September 30, 2009.10\n\nIn the interest of open and transparent government, the authority shall adhere strictly to the requirements of the Freedom of Information Act (§ 2.2-3700 et seq.).11\n\nThe executive director of the authority shall not be permitted to execute or commit the authority to any contract, memorandum of agreement, or memorandum of understanding without an informed vote of approval by the Board. This subdivision shall not apply in the case of (i) contracts involving matters with a value of less than $100,000 that are consistent with the Board-approved annual budget and, if applicable, the authority’s approved procurement policy and (ii) sole source and emergency procurements made pursuant to subsections E and F of § 2.2-4303.","order_by":null,"text":{"0":{"id":287533,"text":"Any authority, or any subsidiary thereof, organized pursuant to \u00a7 15.2-5102 to operate a refuse collection and disposal system that has among its members the Cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk, and Franklin and the Counties of Isle of Wight and Southampton shall, notwithstanding any other law to the contrary, comply with the following requirements:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":287534,"text":"Each locality that is a member of the authority shall nominate individuals to fill one position on the Board of Directors (the Board) by submitting a list of three potential directors, each of whom shall possess general business knowledge and shall not be an elected official, to the Governor. The Governor shall then select and appoint one director from each of the lists of nominees prepared by the member localities. In addition, each member locality shall be authorized to directly appoint, upon a majority vote of the governing body of the member locality, one ex officio member of the Board who shall be an employee of the member locality. The members of the Board shall be appointed for terms of four years each. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. No member shall serve for more than two consecutive four-year terms, except that (i) any member appointed to the unexpired term of another shall be eligible to serve two consecutive four-year terms and (ii) a member directly appointed by the governing body of a member locality shall not be subject to a term limit.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":287535,"text":"The authority shall develop and maintain a financial plan that shall cover a period of at least five years forward from the year in which it is submitted and approved by the Board. The plan shall include at a minimum a five-year projection of revenues and expenses, a five-year capital improvement and equipment replacement schedule, and the proposed funding for the plan. The plan shall be reviewed annually to determine whether amendments are needed. Any such amendments shall be submitted to the board of directors for approval.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":287536,"text":"The authority’s core purpose shall be defined as “management of the safe and environmentally sound disposal of regional waste.” The authority shall devote its time and effort to activities associated with its core purpose. A vote of a majority of the Board shall be required prior to undertaking any activities not associated with the authority’s core purpose.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":287537,"text":"The authority shall develop and maintain a strategic operating plan identifying all elements of its core business units and core purpose, how each business and administrative unit will support the overall strategic plan, and how the authority will achieve its stated mission and core purpose. The strategic operating plan shall be subject to review and approval of the Board on an annual basis.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":287538,"text":"The authority shall consider outsourcing any or all functions that may result in reduced costs to the authority and issuing requests for proposals that potentially reduce the costs of any of its programs. In addition, the authority shall, in accordance with the authority’s procurement policies, consider any proposals the authority receives under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) that potentially reduce the costs of any of the authority’s programs.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":287539,"text":"The authority shall evaluate its landfill capacity annually, taking into consideration and projecting future changes in the quantity of waste disposed of in its landfill, or landfills reasonably situated or contractually obligated to accept its waste.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":287540,"text":"The authority shall keep records of its costs, revenue, debts, and capital expenses by fiscal year for each program and records of costs for each individual capital project. The authority shall not dispose of or destroy such records except pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.).","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":287541,"text":"If the authority incurs long-term debt or issues new debt, the authority shall maintain a detailed financing plan that shall include a plan for the retirement of all debt and a plan for the funding of all planned capital projects. The plan for the funding of all planned capital projects shall specify the amount of debt the authority will issue in furtherance of the projects and the debt repayment plan for any new debt created by the capital projects, including the revenue source that will be used to repay the debt. The detailed financing plan shall be updated by the authority with the advice and assistance of an external certified public accountant or other qualified financial consultant and approved annually by the Board.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":287542,"text":"Prior to issuance of new debt, the authority shall, with the advice and assistance of an external certified public accountant or other qualified financial consultant, perform a due diligence investigation of the appropriateness of issuing the debt, including an analysis of the costs of repaying the debt. Such analysis shall be reviewed by the Board and approved by a vote of a minimum of 75 percent of the Board. The issuance of new debt shall require a vote of a minimum of 75 percent of the Board of Directors of the authority. The authority shall not issue long-term bond indebtedness to fund operational expenses. The provisions of this subdivision shall not apply to the issuance of new debt issued for the purpose of refunding or refinancing debt incurred by the authority prior to September 30, 2009.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":287543,"text":"In the interest of open and transparent government, the authority shall adhere strictly to the requirements of the Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":287544,"text":"The executive director of the authority shall not be permitted to execute or commit the authority to any contract, memorandum of agreement, or memorandum of understanding without an informed vote of approval by the Board. This subdivision shall not apply in the case of (i) contracts involving matters with a value of less than $100,000 that are consistent with the Board-approved annual budget and, if applicable, the authority’s approved procurement policy and (ii) sole source and emergency procurements made pursuant to subsections E and F of § 2.2-4303.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10"}},"ancestry":[{"id":16320,"edition_id":1,"name":"Creation and Dissolution of Authorities","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13433,"metadata":{},"date_created":"2026-06-26 04:13:52","date_modified":"2026-06-26 04:13:52","permalink":{"id":158467,"object_type":"structure","relational_id":16320,"identifier":"2","token":"15.2\/IV\/51\/2","url":"\/15.2\/IV\/51\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13433,"edition_id":1,"name":"Virginia Water and Waste Authorities Act","identifier":"51","label":"chapter","depth":3,"order_by":1,"parent_id":12721,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":158455,"object_type":"structure","relational_id":13433,"identifier":"51","token":"15.2\/IV\/51","url":"\/15.2\/IV\/51\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12721,"edition_id":1,"name":"Other Governmental Entities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":157897,"object_type":"structure","relational_id":12721,"identifier":"IV","token":"15.2\/IV","url":"\/15.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79196,"structure_id":16320,"section_number":"15.2-5102","catch_line":"One or more localities may create authority","url":"\/15.2-5102\/","token":"15.2\/IV\/51\/2\/15.2-5102","metadata":false},{"id":80330,"structure_id":16320,"section_number":"15.2-5102.1","catch_line":"(For contingent expiration date, see Acts 2009, c. 742, cl. 3) Hampton Roads area refuse collection and disposal system authority","url":"\/15.2-5102.1\/","token":"15.2\/IV\/51\/2\/15.2-5102.1","metadata":false},{"id":69252,"structure_id":16320,"section_number":"15.2-5103","catch_line":"Ordinance, agreement or resolution creating authority to include articles of incorporation","url":"\/15.2-5103\/","token":"15.2\/IV\/51\/2\/15.2-5103","metadata":false},{"id":81564,"structure_id":16320,"section_number":"15.2-5104","catch_line":"Advertisement of ordinance, agreement or resolution and notice of hearing","url":"\/15.2-5104\/","token":"15.2\/IV\/51\/2\/15.2-5104","metadata":false},{"id":66735,"structure_id":16320,"section_number":"15.2-5105","catch_line":"Hearing; referendum","url":"\/15.2-5105\/","token":"15.2\/IV\/51\/2\/15.2-5105","metadata":false},{"id":70226,"structure_id":16320,"section_number":"15.2-5106","catch_line":"Voters' petition requesting agreement and referendum","url":"\/15.2-5106\/","token":"15.2\/IV\/51\/2\/15.2-5106","metadata":false},{"id":84016,"structure_id":16320,"section_number":"15.2-5107","catch_line":"Filing articles of incorporation","url":"\/15.2-5107\/","token":"15.2\/IV\/51\/2\/15.2-5107","metadata":false},{"id":74395,"structure_id":16320,"section_number":"15.2-5108","catch_line":"Issuance of certificate or charter","url":"\/15.2-5108\/","token":"15.2\/IV\/51\/2\/15.2-5108","metadata":false},{"id":80008,"structure_id":16320,"section_number":"15.2-5109","catch_line":"Dissolution and termination of authority","url":"\/15.2-5109\/","token":"15.2\/IV\/51\/2\/15.2-5109","metadata":false}],"previous_section":{"id":79196,"structure_id":16320,"section_number":"15.2-5102","catch_line":"One or more localities may create authority","url":"\/15.2-5102\/","token":"15.2\/IV\/51\/2\/15.2-5102","metadata":false},"next_section":{"id":69252,"structure_id":16320,"section_number":"15.2-5103","catch_line":"Ordinance, agreement or resolution creating authority to include articles of incorporation","url":"\/15.2-5103\/","token":"15.2\/IV\/51\/2\/15.2-5103","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-5102.1\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 742<\/a> 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. 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 2018, chapter 547<\/a>.<\/p>","references":false,"refers_to":[{"id":79196,"section_number":"15.2-5102","catch_line":"One or more localities may create authority","order_by":null,"url":"\/15.2-5102\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":60713,"section_number":"2.2-4303","catch_line":"Methods of procurement","order_by":null,"url":"\/2.2-4303\/"},{"id":74854,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","order_by":null,"url":"\/42.1-76\/"},{"id":54549,"section_number":"56-575.1","catch_line":"Definitions","order_by":null,"url":"\/56-575.1\/"}],"permalink":{"id":158473,"object_type":"law","relational_id":80330,"identifier":"15.2-5102.1","token":"15.2\/IV\/51\/2\/15.2-5102.1","url":"\/15.2-5102.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-5102.1\/","token":"15.2\/IV\/51\/2\/15.2-5102.1","dublin_core":{"Title":"(For contingent expiration date, see Acts 2009, c. 742, cl. 3) Hampton Roads area refuse collection and disposal system authority","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-5102.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any authority<\/span>, or any subsidiary thereof, organized pursuant to \u00a7 15.2-5102<\/a> to operate a refuse collection and disposal system<\/span> that has among its members the Cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk, and Franklin and the Counties of Isle of Wight and Southampton shall, notwithstanding any other law<\/span> to the contrary, comply with the following requirements:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Each locality<\/span> that is a member of the authority<\/span> shall nominate individuals to fill one position on the Board of Directors (the Board) by submitting a list of three potential directors, each of whom shall possess general business knowledge and shall not be an elected official, to the Governor. The Governor shall then select and appoint one director from each of the lists of nominees prepared by the member localities. In addition, each member locality<\/span> shall be authorized to directly appoint, upon a majority vote of the governing body<\/span> of the member locality<\/span>, one ex officio member of the Board who shall be an employee of the member locality<\/span>. The members of the Board shall be appointed for terms of four years each. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. No member shall serve for more than two consecutive four-year terms, except that (i) any member appointed to the unexpired term of another shall be eligible to serve two consecutive four-year terms and (ii) a member directly appointed by the governing body<\/span> of a member locality<\/span> shall not be subject to a term limit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The authority<\/span> shall develop and maintain a financial plan that shall cover a period of at least five years forward from the year in which it is submitted and approved by the Board. The plan shall include at a minimum a five-year projection of revenues and expenses, a five-year capital improvement and equipment replacement schedule, and the proposed funding for the plan. The plan shall be reviewed annually to determine whether amendments are needed. Any such amendments shall be submitted to the board of directors for approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The authority<\/span>’s core purpose shall be defined as “management of the safe and environmentally sound disposal of regional waste.” The authority<\/span> shall devote its time and effort to activities associated with its core purpose. A vote of a majority of the Board shall be required prior to undertaking any activities not associated with the authority<\/span>’s core purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The authority<\/span> shall develop and maintain a strategic operating plan identifying all elements of its core business units<\/span> and core purpose, how each business and administrative unit<\/span> will support the overall strategic plan, and how the authority<\/span> will achieve its stated mission and core purpose. The strategic operating plan shall be subject to review and approval of the Board on an annual basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The authority<\/span> shall consider outsourcing any or all functions that may result in reduced costs to the authority<\/span> and issuing requests for proposals that potentially reduce the costs of any of its programs. In addition, the authority<\/span> shall, in accordance with the authority<\/span>’s procurement policies, consider any proposals the authority<\/span> receives under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1<\/a> et seq.) that potentially reduce the costs of any of the authority<\/span>’s programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The authority<\/span> shall evaluate its landfill capacity annually, taking into consideration and projecting future changes in the quantity of waste disposed of in its landfill, or landfills reasonably situated or contractually obligated to accept its waste. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The authority<\/span> shall keep records of its costs, revenue, debts, and capital expenses by fiscal year for each program and records of costs for each individual capital project. The authority<\/span> shall not dispose of or destroy such records except pursuant to the Virginia Public Records Act (§ 42.1-76<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> If the authority<\/span> incurs long-term debt or issues<\/span> new debt, the authority<\/span> shall maintain a detailed financing plan that shall include a plan for the retirement of all debt and a plan for the funding of all planned capital projects. The plan for the funding of all planned capital projects shall specify the amount of debt the authority<\/span> will issue<\/span> in furtherance of the projects and the debt repayment plan for any new debt created by the capital projects, including the revenue source that will be used to repay the debt. The detailed financing plan shall be updated by the authority<\/span> with the advice and assistance of an external certified public accountant or other qualified financial consultant and approved annually by the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Prior to issuance of new debt, the authority<\/span> shall, with the advice and assistance of an external certified public accountant or other qualified financial consultant, perform a due diligence investigation of the appropriateness of issuing the debt, including an analysis of the costs of repaying the debt. Such analysis shall be reviewed by the Board and approved by a vote of a minimum of 75 percent of the Board. The issuance of new debt shall require a vote of a minimum of 75 percent of the Board of Directors of the authority<\/span>. The authority<\/span> shall not issue<\/span> long-term bond<\/span> indebtedness to fund operational expenses. The provisions of this subdivision shall not apply to the issuance of new debt issued for the purpose of refunding or refinancing debt incurred by the authority<\/span> prior to September 30, 2009. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> In the interest of open and transparent government, the authority<\/span> shall adhere strictly to the requirements of the Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The executive director of the authority<\/span> shall not be permitted to execute or commit the authority<\/span> to any contract<\/span>, memorandum<\/span> of agreement, or memorandum<\/span> of understanding without an informed vote of approval by the Board. This subdivision shall not apply in the case of (i) contracts<\/span> involving matters with a value of less than $100,000 that are consistent with the Board-approved annual budget and, if applicable, the authority<\/span>’s approved procurement policy and (ii) sole source and emergency procurements made pursuant to subsections E and F of § 2.2-4303<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(FOR CONTINGENT EXPIRATION DATE, SEE ACTS 2009, C. 742, CL. 3) HAMPTON ROADS\nAREA REFUSE COLLECTION AND DISPOSAL SYSTEM AUTHORITY (\u00a7 15.2-5102.1)\n\nAny authority, or any subsidiary thereof, organized pursuant to \u00a7 15.2-5102 to\noperate a refuse collection and disposal system that has among its members the\nCities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk, and Franklin\nand the Counties of Isle of Wight and Southampton shall, notwithstanding any\nother law to the contrary, comply with the following requirements:\n\n1. Each locality that is a member of the authority shall nominate individuals to\nfill one position on the Board of Directors (the Board) by submitting a list of\nthree potential directors, each of whom shall possess general business knowledge\nand shall not be an elected official, to the Governor. The Governor shall then\nselect and appoint one director from each of the lists of nominees prepared by\nthe member localities. In addition, each member locality shall be authorized to\ndirectly appoint, upon a majority vote of the governing body of the member\nlocality, one ex officio member of the Board who shall be an employee of the\nmember locality. The members of the Board shall be appointed for terms of four\nyears each. Vacancies occurring other than by expiration of a term shall be\nfilled for the unexpired term. Vacancies shall be filled in the same manner as\nthe original appointments. No member shall serve for more than two consecutive\nfour-year terms, except that (i) any member appointed to the unexpired term of\nanother shall be eligible to serve two consecutive four-year terms and (ii) a\nmember directly appointed by the governing body of a member locality shall not\nbe subject to a term limit.\n\n2. The authority shall develop and maintain a financial plan that shall cover a\nperiod of at least five years forward from the year in which it is submitted and\napproved by the Board. The plan shall include at a minimum a five-year\nprojection of revenues and expenses, a five-year capital improvement and\nequipment replacement schedule, and the proposed funding for the plan. The plan\nshall be reviewed annually to determine whether amendments are needed. Any such\namendments shall be submitted to the board of directors for approval.\n\n3. The authority’s core purpose shall be defined as “management of\nthe safe and environmentally sound disposal of regional waste.” The\nauthority shall devote its time and effort to activities associated with its\ncore purpose. A vote of a majority of the Board shall be required prior to\nundertaking any activities not associated with the authority’s core\npurpose.\n\n4. The authority shall develop and maintain a strategic operating plan\nidentifying all elements of its core business units and core purpose, how each\nbusiness and administrative unit will support the overall strategic plan, and\nhow the authority will achieve its stated mission and core purpose. The\nstrategic operating plan shall be subject to review and approval of the Board on\nan annual basis.\n\n5. The authority shall consider outsourcing any or all functions that may result\nin reduced costs to the authority and issuing requests for proposals that\npotentially reduce the costs of any of its programs. In addition, the authority\nshall, in accordance with the authority’s procurement policies, consider\nany proposals the authority receives under the Public-Private Education\nFacilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) that\npotentially reduce the costs of any of the authority’s programs.\n\n6. The authority shall evaluate its landfill capacity annually, taking into\nconsideration and projecting future changes in the quantity of waste disposed of\nin its landfill, or landfills reasonably situated or contractually obligated to\naccept its waste.\n\n7. The authority shall keep records of its costs, revenue, debts, and capital\nexpenses by fiscal year for each program and records of costs for each\nindividual capital project. The authority shall not dispose of or destroy such\nrecords except pursuant to the Virginia Public Records Act (§ 42.1-76 et\nseq.).\n\n8. If the authority incurs long-term debt or issues new debt, the authority\nshall maintain a detailed financing plan that shall include a plan for the\nretirement of all debt and a plan for the funding of all planned capital\nprojects. The plan for the funding of all planned capital projects shall specify\nthe amount of debt the authority will issue in furtherance of the projects and\nthe debt repayment plan for any new debt created by the capital projects,\nincluding the revenue source that will be used to repay the debt. The detailed\nfinancing plan shall be updated by the authority with the advice and assistance\nof an external certified public accountant or other qualified financial\nconsultant and approved annually by the Board.\n\n9. Prior to issuance of new debt, the authority shall, with the advice and\nassistance of an external certified public accountant or other qualified\nfinancial consultant, perform a due diligence investigation of the\nappropriateness of issuing the debt, including an analysis of the costs of\nrepaying the debt. Such analysis shall be reviewed by the Board and approved by\na vote of a minimum of 75 percent of the Board. The issuance of new debt shall\nrequire a vote of a minimum of 75 percent of the Board of Directors of the\nauthority. The authority shall not issue long-term bond indebtedness to fund\noperational expenses. The provisions of this subdivision shall not apply to the\nissuance of new debt issued for the purpose of refunding or refinancing debt\nincurred by the authority prior to September 30, 2009.\n\n10. In the interest of open and transparent government, the authority shall\nadhere strictly to the requirements of the Freedom of Information Act (§\n2.2-3700 et seq.).\n\n11. The executive director of the authority shall not be permitted to execute or\ncommit the authority to any contract, memorandum of agreement, or memorandum of\nunderstanding without an informed vote of approval by the Board. This\nsubdivision shall not apply in the case of (i) contracts involving matters with\na value of less than $100,000 that are consistent with the Board-approved annual\nbudget and, if applicable, the authority’s approved procurement policy and\n(ii) sole source and emergency procurements made pursuant to subsections E and F\nof § 2.2-4303.\n\nHISTORY: 2009, c. 742; 2018, c. 547; 2021, Sp. Sess. I, c. 325.","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}}