Bill Text: VA SB1141 | 2021 | 1st Special Session | Chaptered
Bill Title: Hampton Roads area refuse collection authority; financial planning.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-03-24 - Governor: Acts of Assembly Chapter text (CHAP0325) [SB1141 Detail]
Download: Virginia-2021-SB1141-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-5102.1 of the Code of Virginia is amended and reenacted as follows:
§15.2-5102.1. (Contingent expiration date) Hampton Roads area refuse collection and disposal system authority.
Any authority, or any subsidiary thereof, organized pursuant
to §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, and Suffolk, shall,
notwithstanding any other law to the contrary, comply with the following
requirements:
1. Each locality that is a member of the authority shall be
entitled to 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. The authority shall develop and maintain an overall
strategic 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 plans
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. 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.
4. 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.
5. The authority shall consider outsourcing any or all
functions that may result in reduced costs to the authority, and the
authority shall annually issue issuing requests for proposals that
potentially reduce the costs of any of its programs. In addition, the authority
shall accept and review, 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. 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.
7. The authority shall keep records of its costs, revenue,
debts, and capital expenses by fiscal year for each program. The authority
shall also keep 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. The 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 and
approved annually by the Board and reviewed and certified annually 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. Prior to issuance of new debt, the Board
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
certified by an external certified public accountant, 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. 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.).
11. 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
for the purchase of goods and services for an aggregate sum of less than
$30,000, which are subject to the Virginia Procurement Act (Va. Code §2.2-4300
et seq.) but exempted from competitive negotiation or competitive sealed
bidding by a duly adopted policy of the Board 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.
