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Senate advances anti-flow-control bill limiting municipal direction of solid-waste disposal
Summary
First substitute Senate Bill 46, sponsored by Senator Eastman, bars public entities from requiring solid waste be routed to a specified facility except where no other facility exists locally; the Senate voted to advance the bill to third reading after debate about local impacts and a limited grandfathering arrangement.
Senator Eastman on the floor described first substitute Senate Bill 46 as an "anti-flow-control" measure that would "prohibit a public entity from requiring solid waste to be stored, recovered or disposed of in a specific waste facility except under certain circumstances." He summarized the principle as "whoever has the waste controls the waste."
The sponsor and several supporters said the bill is intended to preserve competition and protect private haulers' investments. Eastman told colleagues that some municipal ordinances, notably in North Davis County, had been tied to bond financing for a burn plant and that those bonds are now paid off; he said his committee amendment allows limited flow control "when no other solid waste management facility exists within the county" or within 25 miles of a county boundary to protect certain rural, publicly owned landfills.
Opponents warned of local impacts. Senator Butters said mayors in his region where Transjordan operates were "deathly opposed," arguing tipping fees and ancillary services could be harmed and that costs could rise "2 to 2.5 times." The sponsor responded that the amendment and ongoing negotiations with the League of Cities and Towns were intended to allow continued operations where appropriate and that private operators would remain able to bid for contracts.
After questions and a roll-call, the Senate recorded 22 yes votes, 4 nays and 3 absent in advancing the first substitute for third reading. Senator Bramble disclosed a past consulting engagement related to an industry client and stated he had no conflict on the measure.
