Bill Text: VA HB1934 | 2021 | Regular Session | Prefiled
Bill Title: Public utilities; gas pipelines prohibited in residential subdivisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-05 - Left in Labor and Commerce [HB1934 Detail]
Download: Virginia-2021-HB1934-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§56-27 and 56-28 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 56-23.1 as follows:
§56-23.1. Gas pipelines in residential subdivisions.
A. No public service corporation or other utility shall construct or install a gas pipeline greater than 12 inches in diameter under any public road or state highway within a residential subdivision including under the median or any sidewalk running parallel to any such public road or state highway without prior written application and approval by the board of supervisors or other governing body of the locality in which such public road or state highway is located.
B. Any public service company or other utility that violates the provisions of this section is subject to a penalty of $10,000 per each day of noncompliance.
C. Any land use permit or other permit or any grant of use of right-of-way issued prior to July 1, 2021, by any agency or department of the Commonwealth, including the Department of Transportation, or of any locality, in connection with the construction or installation of any pipeline subject to the provisions of subsection A, shall be void until the public service company or other utility has met the requirements of subsection A.
§56-27. Applications required for crossings.
Before the work is commenced upon any such crossing as described in §56-23, or in any residential
subdivision as described in §
56-23.1, the public service corporation which that proposes to cross the
public road or state highway,
or proposes to construct or install
the pipeline in any public road or
state highway within a residential subdivision, shall make written application to and submit to the
board of supervisors or other governing body of the
county locality
in which such highway is located and to the Commissioner of Highways plans,
specifications, and
descriptions of the proposed crossing or construction or installation
within a residential subdivision and of the proposed
appliances and methods of operation thereof; and if the plans, specifications, and descriptions are not
accepted by such board of supervisors or other governing body aforesaid and by
the Commissioner of Highways within sixty 60 days after the same shall
have been delivered to the clerk of such board of supervisors or other
governing body aforesaid and to the Commissioner of Highways, such public
service corporation or other utility
may then proceed with the construction and operation of the crossing, or construction or installation within a
residential subdivision, under the plans, specifications, and descriptions and with the
appliances and methods so submitted.
§56-28. Contest by county or Commissioner of Highways.
The board of supervisors or other governing body aforesaid or
the Commissioner of Highways may, however, within thirty 30 days from the date of the
submission of such plans, specifications, and
descriptions described in §56-27,
reject the same, and may apply, or any landowner
within 100 feet of a pipeline described in §56-23.1
may apply, to the Commission to inquire into the necessity
for such crossing, or construction or
installation within a residential subdivision, and the
propriety of the proposed location, and all matters pertaining to its
construction and operation; and, thereupon the Commission, in its discretion,
may, after notice served upon the public service corporation or other utility, the board of
supervisors or other governing body aforesaid, and the Commissioner of
Highways, suspend work on such crossing, or construction or
installation within a residential subdivision, for such
reasonable time prescribed in such notice as it may deem necessary to make such
inquiry. The Commission may, in its discretion, employ expert engineers, at a
cost not to exceed $500, to be paid by the public service corporation or utility desiring the
crossing, or construction or
installation within a residential subdivision, who shall, with the Commission, or some member thereof,
or such person as the Commission may designate, (1) examine the location,
plans, specifications, and
descriptions of appliances and methods proposed to be employed, (2) hear any objection, and consider any modification
that the board of supervisors or other governing body aforesaid, or the
Commissioner of Highways, may desire to offer, and,
(3) within such time as the Commission may fix, reject, approve, or modify such
plans, specifications, and
descriptions. The final order of the Commission shall, unless an appeal be
taken to the Supreme Court by any party to the proceeding within thirty 30
days of the date of such final order, be final and binding on the public
service corporation or utility
and the board of supervisors or other governing body aforesaid, and the
Commissioner of Highways.
