                                 CODE OF VIRGINIA

ONE OR MORE LOCALITIES MAY CREATE AUTHORITY (§ 15.2-5102)

A. The governing body of a locality may by ordinance or resolution, or the
governing bodies of two or more localities may by concurrent ordinances or
resolutions or by agreement, create a water authority, a sewer authority, a
sewage disposal authority, a stormwater control authority, a refuse collection
and disposal authority, or any combination or parts thereof. The name of the
authority shall contain the word &#8220;authority.&#8221; The authority shall be
a public body politic and corporate and a political subdivision of the
Commonwealth. The ordinance, resolution or agreement creating the authority
shall not be adopted or approved until a public hearing has been held on the
question of its adoption or approval, and after approval at a referendum if one
has been ordered pursuant to this chapter.

B. Any authority, or any subsidiary thereof, organized pursuant to this section
to operate a refuse collection and disposal system that, pursuant to statute, is
specifically authorized to include in the system (i) facilities for processing
solid waste as a fuel and (ii) facilities for generating steam and electricity
for sale, shall not be subject to regulation under the Utilities Facilities Act
(&#xA7; 56-265.1 et seq.), provided that sales of electricity generated at such
facilities are made only to a federal agency whose primary responsibility is
national defense and the energy is delivered directly from the generator to the
customer&#8217;s facilities or to a public utility.

HISTORY: Code 1950, § 15-764.3; 1950, p. 1315; 1962, c. 623, § 15.1-1241;
1972, c. 370; 1973, c. 478; 1993, c. 850; 1995, c. 402; 1996, c. 897; 1997, cc.
527, 573, 587; 1999, cc. 896, 925; 2011, c. 199.