Virginia Senate Bill 1029 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: Passed on March 27 2023 - 100% progression
Action: 2023-03-27 - Governor: Acts of Assembly Chapter text (CHAP0714)
Text: Latest bill text (Chaptered) [HTML]

Public utilities; fiber optic broadband lines crossing railroads. Provides that if a broadband service provider, in the construction of its works, deems it necessary to cross the works of a railroad company, the broadband service provider is required to submit an application to the railroad company. The bill requires the application to include (i) a license fee; (ii) engineering design plans, construction plans, bore plans, fraction mitigation plans, dewatering plans, rigging and lifting plans, and any other pertinent plans deemed necessary and prepared by a registered professional engineer; (iii) the location of the crossing, including whether it is located in a public right-of-way; (iv) the proposed date of commencement of work; (v) the anticipated duration of the work in the crossing; (vi) the areas in which the project personnel will work; and (vii) the contact information of the broadband service provider's point of contact. The bill requires a railroad company to acknowledge receipt of the application, to request any additional information within 15 days, and to approve the application within 35 days unless the railroad company petitions the State Corporation Commission. Public utilities; fiber optic broadband lines crossing railroads. Provides that if a broadband service provider, in the construction of its works, deems it necessary to cross the works of a railroad company, the broadband service provider is required to submit an application to the railroad company. The bill requires the application to include (i) a license fee; (ii) engineering design plans, construction plans, bore plans, fraction mitigation plans, dewatering plans, rigging and lifting plans, and any other pertinent plans deemed necessary and prepared by a registered professional engineer; (iii) the location of the crossing, including whether it is located in a public right-of-way; (iv) the proposed date of commencement of work; (v) the anticipated duration of the work in the crossing; (vi) the areas in which the project personnel will work; and (vii) the contact information of the broadband service provider's point of contact. The bill requires a railroad company to acknowledge receipt of the application, to request any additional information within 15 days, and to approve the application within 35 days unless the railroad company petitions the State Corporation Commission. The bill requires the broadband service provider to bear the cost of any such crossing, including a license fee of $2,000 for each crossing, except that for a crossing over an abandoned section of track the license fee shall not exceed $1,000 and for a crossing of a railroad company's works within a public right-of-way there is not a license fee. Under the bill, the Commonwealth shall grant a right-of-way to any broadband service provider seeking to use the right-of-way for broadband deployment to the extent that the Commonwealth owns any interest in any real property crossed by a railroad or manages any real property not owned by the Commonwealth that is crossed by a railroad. The bill requires the broadband service provider to maintain a general liability insurance policy or railroad protective liability insurance policy that meets certain requirements. The bill also requires a broadband service provider to reimburse the railroad company for direct expenses, not to exceed $5,000, in addition to the license fee. The bill provides that a railroad company may petition the State Corporation Commission within 35 days of receiving an application if it asserts (a) the license fee is not adequate compensation for the specified crossing, (b) the proposed crossing will cause undue hardship on the railroad company, or (c) the proposed crossing will create the imminent likelihood of danger to public health or safety. Under the bill, a broadband service provider may petition the Commission if a railroad company is not in compliance with the requirements of the bill. The bill requires the Commission to adjudicate any such petition within 90 days.

Public utilities; fiber optic broadband lines crossing railroads.

Sen. William Stanley [R]	Sen. Travis Hackworth [R]	Sen. Emmett Hanger [R]	Sen. Mark Peake [R]
Sen. Frank Ruff [R]	Sen. Lionell Spruill [D]	Sen. Jill Vogel [R]

2023-02-22 - Senate - Senate: House substitute agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-21 - House - House: VOTE: Block Vote Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-16 - House - House: Reported from Commerce and Energy with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-31 - Senate - Senate: Passed Senate (32-Y 3-N 3-A) (Y: 32 N: 3 NV: 3 Abs: 2) [PASS]
2023-01-31 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-01-31 - Senate - Senate: Committee substitute reconsidered (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-01-31 - Senate - Senate: Engrossment reconsidered by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-01-25 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-01-23 - Senate - Senate: Reported from Commerce and Labor with substitute (11-Y 1-N 2-A) (Y: 11 N: 1 NV: 2 Abs: 0) [PASS]

Date	Chamber	Action
2023-03-27		Governor: Acts of Assembly Chapter text (CHAP0714)
2023-03-27		Governor: Approved by Governor-Chapter 714 (effective 7/1/23)
2023-03-13		Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
2023-03-13	Senate	Enrolled Bill Communicated to Governor on March 13, 2023
2023-03-08	House	Signed by Speaker
2023-03-08	Senate	Signed by President
2023-03-07	Senate	Bill text as passed Senate and House (SB1029ER)
2023-03-07	Senate	Enrolled
2023-02-22	Senate	Title replaced 23106817D-H1
2023-02-22	Senate	House substitute agreed to by Senate (40-Y 0-N)
2023-02-21	House	VOTE: Block Vote Passage (99-Y 0-N)
2023-02-21	House	Passed House with substitute BLOCK VOTE (99-Y 0-N)
2023-02-21	House	Engrossed by House - committee substitute SB1029H1
2023-02-21	House	Committee substitute agreed to 23106817D-H1
2023-02-21	House	Read third time
2023-02-20	House	Read second time
2023-02-16	House	Committee substitute printed 23106817D-H1
2023-02-16	House	Reported from Commerce and Energy with substitute (22-Y 0-N)
2023-02-10	House	Referred to Committee on Commerce and Energy
2023-02-10	House	Read first time
2023-02-10	House	Placed on Calendar
2023-01-31	Senate	Passed Senate (32-Y 3-N 3-A)
2023-01-31	Senate	Constitutional reading dispensed (39-Y 0-N)
2023-01-31	Senate	Engrossed by Senate - floor substitute SB1029S2
2023-01-31	Senate	Substitute by Senator Stanley agreed to 23105964D-S2
2023-01-31	Senate	Floor substitute printed 23105964D-S2 (Stanley)
2023-01-31	Senate	Reading of substitute waived
2023-01-31	Senate	Committee substitute rejected 23105215D-S1
2023-01-31	Senate	Committee substitute reconsidered (39-Y 0-N)
2023-01-31	Senate	Engrossment reconsidered by Senate (39-Y 0-N)
2023-01-30	Senate	Passed by for the day
2023-01-27	Senate	Passed by for the day
2023-01-26	Senate	Engrossed by Senate - committee substitute SB1029S1
2023-01-26	Senate	Committee substitute agreed to 23105215D-S1
2023-01-26	Senate	Reading of substitute waived
2023-01-26	Senate	Read second time
2023-01-25	Senate	Constitutional reading dispensed (39-Y 0-N)
2023-01-23	Senate	Committee substitute printed 23105215D-S1
2023-01-23	Senate	Reported from Commerce and Labor with substitute (11-Y 1-N 2-A)
2023-01-08	Senate	Referred to Committee on Commerce and Labor
2023-01-08	Senate	Prefiled and ordered printed; offered 01/11/23 23101619D

HB1752 (Same As) 2023-03-27 - Governor: Acts of Assembly Chapter text (CHAP0713)

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB1029
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1029+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1029S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1029S2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1029H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1029ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0714+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/23105215D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/23106817D.pdf
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1029F171+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1029FS2171+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1029FH1171+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1029FER171+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S02V0042+SB1029
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0112SB1029+SB1029
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0161SB1029+SB1029
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0162SB1029+SB1029
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0163SB1029+SB1029
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0164SB1029+SB1029
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H23V0163+SB1029
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV2073+SB1029
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0754SB1029+SB1029