Bill Text: VA SB697 | 2018 | Regular Session | Prefiled
Bill Title: Natural gas utilities; right of entry.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2018-01-29 - Stricken at request of Patron in Commerce and Labor (9-Y 0-N) [SB697 Detail]
Download: Virginia-2018-SB697-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §56-49.01 of the Code of Virginia is amended and reenacted as follows:
§56-49.01. Natural gas companies; right of entry upon property.
A. Any firm,
corporation, company, or partnership, organized for the bona fide purpose of
operating as a For purposes of this
section, a natural gas pipeline is for a public use if it provides services or
products to the public of the Commonwealth. A natural gas pipeline that
distributes natural gas to persons within the Commonwealth is for a public use.
A natural gas pipeline that (i) distributes natural gas to export facilities or
(ii) transports natural gas within or through the Commonwealth and does not
distribute natural gas to persons within the Commonwealth is not for a public
use.
B. If the Commission determines
that a natural gas pipeline is for a fixed and definite public use, any public
service company or public utility incorporated in the Commonwealth and
authorized by the Commission to provide
natural gas company as defined in 15 U.S.C. §717a, as amended distribution service, hereafter
referred to as a natural gas company, that
proposes to locate a natural gas pipeline for the
public use may make such examinations, tests, hand auger
borings, appraisals, and surveys for its proposed line or location of its works
as are necessary (i) to satisfy any regulatory requirements and (ii) for the
selection of the most advantageous location or route, the improvement or
straightening of its line or works, changes of location or construction, or
providing additional facilities, and for such purposes, by its duly authorized
officers, agents, or employees, may enter upon any property without the written
permission of its owner if (a) the natural gas company has requested the
owner's permission to inspect the property as provided in subsection B C,
(b) the owner's written permission is not received prior to the date entry is
proposed, and (c) the natural gas company has given the owner notice of intent
to enter as provided in subsection C D. A natural gas company may
use motor vehicles, self-propelled machinery, and power equipment on property
only after receiving the permission of the landowner or his agent.
B. C. A
request for permission to inspect shall (i) be sent to the owner by certified
mail, (ii) set forth the date such inspection is proposed to be made, and (iii)
be made not less than 15 days prior to the date of the proposed inspection.
C. D. Notice
of intent to enter shall (i) be sent to the owner by certified mail, (ii) set
forth the date of the intended entry, and (iii) be made not less than 15 days
prior to the date of mailing of the notice of intent to enter.
D. E. Any
entry authorized by this section shall not be deemed a trespass. The natural
gas company shall make reimbursement for any actual damages resulting from such
entry. Nothing in this section shall impair or limit any right of a natural gas
company obtained by (i) the power of eminent domain, (ii) any easement granted
by the landowner or his predecessor in title, or (iii) any right-of-way
agreement, lease or other agreement by and between a natural gas company and a
landowner or their predecessors in title or interest.
