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2016 SESSION

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16102270D
HOUSE BILL NO. 762 Offered January 13, 2016 Prefiled January 12, 2016 A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 15.2 an article numbered 4, consisting of sections numbered 15.2-1311 through 15.2-1314, relating to a local government electric transmission line planning association. ---------- Patron-- Freitas ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 13 of Title 15.2 an article numbered 4, consisting of sections numbered 15.2-1311 through 15.2-1314, as follows:

Article 4. Electric Transmission Line Planning Association.

§ 15.2-1311. Definitions.

As used in this article, unless the context requires a different meaning:

"Association" means an Electric Transmission Line Planning Association, the formation and maintenance of which is authorized by § 15.2-1312.

"Regional transmission entity" or "RTE" means a regional transmission organization or an independent system operator, as such terms are defined in § 3 of the Federal Power Act (16 U.S.C. § 796), of which an investor-owned electric utility operating in the Commonwealth is a member pursuant to §§ 56-577 and 56-579.

§ 15.2-1312. Electric Transmission Line Planning Association; formation authorized.

A. The governing bodies of three or more of the localities of the Commonwealth may, in their discretion, and in addition to powers prescribed in § 15.2-940, form and maintain an Association. The purposes of the Association shall be to:

1. Represent and protect the interests of member localities in planning activities, hearings, meetings, or discussions conducted by or involving an RTE, including any committee or other subgroup of an RTE, that relates to electric transmission lines that are proposed or considered for location within the Commonwealth;

2. Provide to member localities information regarding planning activities, hearings, meetings, or discussions described in subdivision 1;

3. Monitor an RTE's activities related to the need for and potential location of electric transmission lines within the Commonwealth;

4. Serve as a member of any committee or other subgroup of an RTE that is involved in decisions related to the need for and potential location of electric transmission lines within the Commonwealth;

5. Coordinate actions by member localities in response to proposals pending before an RTE related to the location of electric transmission lines within the Commonwealth; and

6. Promote and protect the interests and welfare of the political subdivisions of the Commonwealth and their residents with regard to the location of electric transmission lines within the Commonwealth.

B. Any such Association so formed shall be an instrumentality of the political subdivisions that are members thereof.

§ 15.2-1313. Appropriating funds or supplying goods and services to Association.

The governing body of any locality that is a member, or hereafter becomes a member, of any Association is authorized to appropriate funds to such Association or to provide goods and services to such Association, all for the purpose of advancing the welfare and economic interests of such locality and the citizens thereof.

§ 15.2-1314. Review of appropriations to Association; providing goods and services to Association in lieu of funds.

The governing body of any locality may from time to time require of any Association to which it has power to appropriate public funds and has appropriated such funds in the past or has received a request for appropriations such information books and records of the Association as the governing body deems necessary in order that it may be assured that an appropriation or proposed appropriation will not result in the dissipation of public funds and in order that it may determine the use of past and the proposed use of future appropriations; the method of management, control, and organization of the Association; and its present and proposed programs. If the governing body determines that a particular administrative function or activity of the Association duplicates the services provided by the governing body and that public funds may be conserved by combining, consolidating, or coordinating the activities of the Association with those of the locality, it may, in lieu of an appropriation of funds for that function or activity, provide the Association with the necessary goods and services. The governing body may assign officers and employees to coordinate the functions and activities of the governing body and those of the Association.