Bill Text: VA SB1385 | 2021 | Regular Session | Comm Sub
Bill Title: Underground utility facilities; Fairfax County.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-02-08 - Continued to Special Session 1 in Counties, Cities and Towns by voice vote [SB1385 Detail]
Download: Virginia-2021-SB1385-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-816.1 of the Code of Virginia is amended and reenacted as follows:
§15.2-816.1. Underground electric distribution, telecommunications, cable, and other utility lines.
A. There is hereby established a pilot program under which
the The governing body of any locality operating under the urban
county executive form of government may request an electric utility,
telecommunications provider, cable provider, or other utility to enter into a
written agreement with the locality to place underground electric
distribution lines in transportation projects to serve and facilitate the
creation of transit-oriented development in such locality in conjunction with
facilities, telecommunications facilities, cable facilities, or other utility
facilities as part of a transportation infrastructure improvement project
or roads serving such project that the Commonwealth Transportation Board
or such locality identifies that reduces reduce congestion,
improves improve mobility, incorporates improve
transit systems system infrastructure, and improves or
improve safety. Such pilot program shall further an understanding of
such underground electric distribution lines in regard to electric reliability,
construction methods and related cost and timeline estimating, and the
probability of meeting such projections. The pilot program shall consist of the
approval to convert qualifying electric distribution lines in whole or in part
underground in areas of transit-oriented developments in conjunction with a
transportation infrastructure project the Commonwealth Transportation Board
identifies. The pilot program shall terminate on July 1, 2022, after which date
no agreement shall be entered into pursuant to subsection B. The termination of
the pilot program shall not affect any such agreement entered into prior to
such date or any of the terms of such an agreement, including any additional
levy imposed pursuant to such an agreement while encouraging higher
density development.
B. The If the parties agree to proceed, the
locality operating under the urban county executive form of government and
the utility shall enter into an agreement with an electric utility,
telecommunications provider, cable provider, or other utility that provides
that (i) the locality shall pay to the utility its full additional or
provider its agreed-upon costs of relocating and converting that portion of
the line or facility located in the locality underground rather than
overhead that are not recoverable under applicable rates, minus the
net of relocation credits, which costs shall include associated feasibility
costs, or any smaller portion of such costs as the utility and the locality may
agree; (ii) the locality shall impose an additional levy on electric
utility customers in the locality pursuant to §58.1-3814 in an amount
sufficient to cover the utility's additional costs, which additional levy shall
be collected by the utility on behalf of the locality utility or
provider shall convert, operate, and maintain the agreed-upon portion of the
line or facility underground in cooperation with any other utility or provider
with lines or facilities placed underground there; (iii) the utility
shall convert, operate, and maintain the agreed portion of the line
underground; and agreement is contingent upon the adoption of the levy
set forth in subsection C; and (iv) other terms and conditions on which the
parties may agree shall be included in the agreement. No agreement shall
require any telecommunications provider or cable provider to share conduit.
C. If the locality operating under the urban county executive
form of government and the utility enter into an agreement as described in
subsection B, the locality may impose an additional levy on electric utility
customers in the locality pursuant to §58.1-3814. The locality shall by
ordinance fix the amount of such additional levy, which shall not exceed $1
per month on residential customers be imposed at a rate in excess of
6.67 percent of the monthly amount charged to consumers of the utility service
and shall not be applicable to any amount so charged in excess of $15 per month
for residential customers, provided that the initial proceeds of such levy
shall be dedicated to a project incorporating bus rapid transit on a road in
the National Highway System serving a Metrorail station and an anticipated
extension of Metrorail in a designated revitalization area in such locality.
The provider of billing services shall bill the tax to all users who are
subject to the tax and to whom it bills for electricity service and shall remit
such tax to the appropriate locality in accordance with §58.1-2901. Any
levy imposed pursuant to this section shall be in addition to the limit for any
utility consumer tax prescribed in §58.1-3814. If the provisions of this
section are inconsistent with the provisions of §58.1-3814, the provisions of
this section shall be controlling.
D. Upon The locality may or, upon presentation
of the agreement to the Commonwealth Transportation Board, the Commissioner of
Highways shall be responsible for securing the necessary easements and permits
for the utility or provider necessary for the conversion of the existing
distribution lines, based upon plans that the electric utility provides. The
electric utility shall take such other actions as it deems appropriate in
furtherance of the conversion of the approved distribution line, including
acquiring the materials necessary for the underground installation,
telecommunication, cable, or other utility facilities.
E. If With the exception of any local zoning
ordinances and review under §15.2-2232 or any cable franchise agreement, if
the provisions of this section are inconsistent with the provisions of any other
law or local ordinance, the provisions of this section shall be controlling.
F. For purposes of this section, the term "electric utility" includes any cooperative, as that term is defined in §56-231.15, operating within the locality.
