§ 3D. Power to displace or limit competition

   (a) Public transportation. --

   (1) It has been and shall continue to be the policy of the State to authorize the county commissioners of each county to displace or limit competition in the area of public transportation in order to provide for adequate, economical, and efficient delivery of transportation services; to protect its citizens from inconsistent and excessive prices; to provide necessary and desired services in all areas of the county; to enable the county to provide public transportation in order to conserve energy and reduce air pollution, congestion, traffic hazards and accidents; to encourage the use of public transportation by the contribution by the county of capital and operating funds to enable transportation to be provided at the lowest cost to all citizens, especially the indigent; and to promote the general welfare by conducting a comprehensive transportation system.

   (2) The county commissioners of each county have the authority to grant one or more franchises for a transportation system on an exclusive or nonexclusive basis, to impose franchise fees, to establish certain rates, to establish rules, regulations, and licensing requirements to govern the operation of the franchises, to provide for the enforcement of any such measure, and to conduct a public transportation system on an exclusive basis, including the establishment of rules, regulations, and rates, notwithstanding any anticompetitive effect.

   (3) (i) Notwithstanding any anticompetitive effect, the County Commissioners of Somerset County may grant a franchise for a ferry company to operate between Somerset County and Reedville, Virginia on an exclusive basis.

      (ii) Before granting a franchise to a ferry company, the County Commissioners of Somerset County shall review the proposed business and financial plan of the ferry company.

      (iii) 1. The County Commissioners of Somerset County may adopt regulations to carry out the provisions of this paragraph.

         2. Regulations adopted under this subparagraph shall be consistent with any regulations adopted by the Public Service Commission that relate to ferry companies.

      (iv) 1. A ferry company that is granted a franchise under this paragraph has up to 18 months to exercise the franchise.

         2. If the ferry company has not exercised the franchise after 18 months from the date it was granted, the franchise shall be null and void.

      (v) A ferry company that is granted a franchise under this paragraph may not conduct any gambling or gaming activities on any ferry that it operates under the franchise.

(b) Water and sewer systems. --

   (1) It has been and shall continue to be the policy of the State to authorize the county commissioners of each county to displace or limit competition in the area of water and sewerage systems in order to assure delivery of adequate, economical, and efficient services to its citizens, to avoid duplication of facilities, to provide for the health and safety of its citizens, to control disease, to prevent blight and other environmental degradation, to utilize efficiently the public right-of-way; to protect limited natural resources for the benefit of the citizens of the county; and to promote the general health and welfare by providing for adequate water and sewerage systems.

   (2) (i) The county commissioners of each county have the authority to grant one or more franchises or enter into contracts for water and sewerage systems on an exclusive or nonexclusive basis to any person, to impose franchise fees, to establish certain rates and charges, to establish rules, regulations, and licensing requirements, and to provide for the enforcement of any such measure notwithstanding any anticompetitive effect.

      (ii) In the event that any county has the enabling authority granted by any other law to operate water and sewage systems, such systems shall be operated by such county without regard to any anticompetitive effect.

   (3) It has been and shall continue to be the policy of the State that the county commissioners of each county are directed and authorized to exercise all powers regarding waste collection and disposal notwithstanding any anticompetitive effect. This subsection does not apply to any portion of the generator's waste which is directed by the generator to a specific facility for reuse, reclamation or recycling, or for disposal on its own property.

(c) Publicly owned or leased land. --

   (1) It has been and shall continue to be the policy of the State to authorize the county commissioners of each county to displace or limit competition in the award of concessions on, over or under property owned or leased by the county, and in the leasing or subleasing of property owned or leased by the county in order to utilize properly the assets of the county for the best public purpose; to provide necessary or desirable governmental services at the lowest possible cost; to protect the public from unscrupulous business practices and excessive prices; to provide for the accessibility to public property by as many citizens as possible; and to promote the general welfare by utilizing public property for the benefit of the citizens of the community.

   (2) The county commissioners of each county have the authority to displace or limit competition by granting one or more franchises for any concession on, over or under property owned or leased by the county on an exclusive or nonexclusive basis, to control prices and rates for such franchises, to establish rules and regulations to govern the operation of the franchises, to provide for the enforcement of any such measure, and to lease or sublease publicly owned or leased land improvements to land or both on terms to be determined by the county without regard to any anticompetitive effect.

(d) Construction of grant of powers. -- The powers granted to any county pursuant to this section shall not be construed:

   (1) To grant to such county powers in any substantive area not otherwise granted to such county by other public general or public local law;

   (2) To restrict such county from exercising any power granted to such county by other public general or public local law or otherwise;

   (3) To authorize such county or its officers to engage in any activity which is beyond their power under other public general law, public local law or otherwise; or

   (4) To preempt or supersede the regulatory authority of any State department or agency under any public general law.

HISTORY: 1983, ch. 397; 2003, chs. 208, 209.