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2021 SESSION
21102804DBe 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 place underground electric distribution lines in
transportation projects to serve and
facilitate the creation of transit-oriented development in such locality in
conjunction with, telecommunications
lines, cable lines, or other utility lines 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 locality operating under the urban county executive
form of government and the utility shall may 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 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
portion of the line underground in cooperation with
any other utility or provider with lines 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 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. 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 act shall be controlling.
D. Upon The locality may or the Commissioner of Highways,
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,
telecommunication, cable, or other utility lines, based upon plans that the electric utility
provides. The electric
utility or provider shall take such
other actions as it deems appropriate in furtherance of the conversion of the
approved distribution, telecommunication,
cable, or other utility line, including acquiring the
materials necessary for the underground installation.
E. If the provisions of this
section are inconsistent with the provisions of any other law or,
local ordinance,
except for a local zoning ordinance or
review, or franchise agreement, 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.