Virginia HB 1264: Nonpublic service companies, certain; conveyance of right-of-way usage.

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2020 SESSION

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20103033D

HOUSE BILL NO. 1264 

Offered January 8, 2020 

Prefiled January 8, 2020 

A BILL to amend and reenact � 2.2-1151.1 of the Code of 
 Virginia, relating to conveyance of right-of-way usage to certain nonpublic 
 service companies. 
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Patron-- Hodges 

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Referred to Committee on General Laws 

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Be it enacted by the General Assembly of Virginia:

1. That � 2.2-1151.1 of the Code of Virginia is amended and 
 reenacted as follows:

� 2.2-1151.1. Conveyances of right-of-way usage to certain 
 nonpublic service companies by the Department of Transportation.

A. As used in this section:

"Department" means the Virginia Department of 
 Transportation.

"Developer" means a person who undertakes to develop 
 real estate.

"Social welfare 
 organization" means an organization as defined in � 
 501(c)(4) of the Internal Revenue Code.

B. No land use permit shall be issued by the Department to any 
 company other than a public service company as defined in � 56-76, a company 
 owning or operating an interstate natural gas pipeline, a 
 social welfare organization operating a wholesale open-access fiber network, 
 or a franchised cable television systems operator owning or operating a utility 
 line as defined in � 56-265.15, unless such company, organization, or 
 operator has (i) registered as an operator with the appropriate 
 notification center as defined by � 56-265.15 and (ii) notified the commercial 
 and residential developer, owner of commercial, multifamily, 
 or residential real estate, or local government entities with a property 
 interest in any parcel of land located adjacent to the property over which the 
 land use is being requested, that 
 application for the permit has been made. Any permit application approved by 
 the Department shall include an affidavit indicating compliance with the 
 registration and notification requirements provided by this subsection.

C. The provisions of subsection B shall not apply to a land 
 use permit issued by the Department to (i) a person providing utility service 
 solely for his own agricultural or residential use, provided that the utilities 
 are located on property owned by the person, or (ii) the owner of a private 
 residence or business for water or sewer service to cross the Department's 
 right-of-way when no viable alternative exists to provide potable water or to 
 transfer sewer effluent to a qualified drain field. In the case of any 
 application for a land use permit under this subsection, the utilities shall be 
 marked in accord with requirements established by the Department.

D. No performance surety held by the Department in association 
 with a land use permit issued to a company pursuant to subsection B to perform 
 work within the Department's right-of-way shall be released until such time as 
 all claims against the company associated with the work have been resolved, 
 prov