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2020 SESSION
SB 794 Utility easements; location of broadband and other communications facilities.
Introduced by: Lynwood W. Lewis, Jr. | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Utility easements; location of broadband facilities. Declares that it is the policy of the Commonwealth that (i) easements for the location and use of electric and communications facilities may be used to provide or expand broadband or other communications services; (ii) the use of easements to provide or expand broadband or other communications services is in the public interest; (iii) the installation, replacement, or use of public utility conduit, including the costs of installation, replacement, or use of conduit of a sufficient size to accommodate the installation of infrastructure to provide or expand broadband or other communications services, is in the public interest; (iv) the use of easements to provide or expand broadband or other communications services (a) does not constitute a change in the physical use of the easement; (b) does not interfere with, impair, or take any vested or other rights of the owner or occupant of the servient estate; (c) does not place any additional burden on the servient estate other than a de minimis burden, if any; and (d) has value to the owner or occupant of the servient estate greater that any de minimum impact; and (v) the installation and operation of broadband or other communications services within easements, appurtenant or gross, are merely changes in the manner, purpose, or degree of the granted use as appropriate to accommodate a new technology. The measure further provides that (1) absent any express prohibition on the installation and operation of broadband or other communications services in an easement that is contained in a deed or other instrument by which the easement was granted, the installation and operation of broadband or other communications services within any easement shall be deemed, as a matter of law, to be a permitted use within the scope of every easement for the location and use of electric and communications facilities and (2) subject to compliance with any express prohibitions in a written easement, any incumbent utility or communications provider may use an easement to install, construct, provide, maintain, modify, lease, operate, repair, replace, or remove its communications equipment, system, or facilities, and provide communications services through the same, without such incumbent utility or communications provider paying additional compensation to the owner or occupant of the servient estate or to the incumbent utility, provided that no additional utility poles are installed. The measure provides that any incumbent utility or communications provider may use a prescriptive easement to install, construct, provide, maintain, modify, lease, operate, repair, replace, or remove its communications equipment, system, or facilities, and provide communications services through the same, without such incumbent utility or communications provider paying additional compensation to the owner or occupant of the servient estate or to the incumbent utility, provided that no additional utility poles are installed. This bill is identical to HB 831.
FULL TEXT
- 01/08/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104980D pdf | impact statement
- 02/03/20 Senate: Committee substitute printed 20106150D-S1 pdf | impact statement
- 02/18/20 House: Committee substitute printed 20108506D-H1 pdf | impact statement
- 03/04/20 Senate: Bill text as passed Senate and House (SB794ER) pdf | impact statement
- 04/10/20 Governor: Acts of Assembly Chapter text (CHAP1131) pdf
AMENDMENTS
HISTORY
- 01/08/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104980D
- 01/08/20 Senate: Referred to Committee on Commerce and Labor
- 01/17/20 Senate: Assigned C&L sub: Energy
- 02/03/20 Senate: Reported from Commerce and Labor with substitute (14-Y 0-N)
- 02/03/20 Senate: Incorporates SB302 (Stanley)
- 02/03/20 Senate: Incorporates SB539 (Peake)
- 02/03/20 Senate: Committee substitute printed 20106150D-S1
- 02/05/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/06/20 Senate: Read second time
- 02/06/20 Senate: Reading of substitute waived
- 02/06/20 Senate: Committee substitute agreed to 20106150D-S1
- 02/06/20 Senate: Engrossed by Senate - committee substitute SB794S1
- 02/06/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/06/20 Senate: Read third time and passed Senate (40-Y 0-N)
- 02/13/20 House: Placed on Calendar
- 02/13/20 House: Read first time
- 02/13/20 House: Referred to Committee on Labor and Commerce
- 02/18/20 House: Reported from Labor and Commerce with substitute (21-Y 0-N)
- 02/18/20 House: Committee substitute printed 20108506D-H1
- 02/20/20 House: Read second time
- 02/21/20 House: Passed by for the day
- 02/24/20 House: Passed by for the day
- 02/25/20 House: Read third time
- 02/25/20 House: Committee substitute agreed to 20108506D-H1
- 02/25/20 House: Engrossed by House - committee substitute SB794H1
- 02/25/20 House: Passed House with substitute (92-Y 7-N 1-A)
- 02/25/20 House: VOTE: Passage (92-Y 7-N 1-A)
- 02/27/20 Senate: House substitute agreed to by Senate (35-Y 3-N 1-A)
- 02/27/20 Senate: Title replaced 20108506D-H1
- 03/04/20 Senate: Enrolled
- 03/04/20 Senate: Bill text as passed Senate and House (SB794ER)
- 03/05/20 Senate: Signed by President
- 03/05/20 House: Signed by Speaker
- 03/12/20 Senate: Enrolled Bill Communicated to Governor on March 12, 2020
- 03/12/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/10/20 Governor: Approved by Governor-Chapter 1131 (effective 7/1/20)
- 04/10/20 Governor: Acts of Assembly Chapter text (CHAP1131)