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1999 SESSION

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994750726
SENATE BILL NO. 1273 Offered January 21, 1999 A BILL to amend and reenact § 56-1.2 of the Code of Virginia, relating to public utilities; exemption; Virginia Water and Waste Authorities Act. ---------- Patron-- Quayle ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That §56-1.2 of the Code of Virginia is amended and reenacted as follows:

§ 56-1.2. Persons not designated as public utility, public service corporation, etc.

A. The terms public utility, public service corporation or public service company, as used in Chapters 1 (§ 56-1 et seq.), 10 (§ 56-232 et seq.), 10.1 (§ 56-265.1 et seq.) and 10.2:1 (§ 56-265.13:1 et seq.) of Title 56, shall not refer to any person who owns or operates property and provides water to residents or tenants on the property, provided that (i) the water provided to the residents or tenants is purchased by the person from a public utility, public service corporation, public service company, county, city or town, or other publicly regulated political subdivision or public body and (ii) the person charges to the resident or tenant on the property only that portion of the person's utility charges for the water which is permitted by § 55-248.45:1.

B. Any authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100, et seq.) or person or persons acting under agreement with or license from such authority which (i) sells landfill gas from a solid waste management facility permitted by the Department of Environmental Quality and operated by such an authority or (ii) operates a pipeline or any related facilities incidental or necessary to the operation of the pipeline off premises in connection with such a sale, whether such gas is recovered, transported, transmitted, distributed or sold by such an authority or such person or persons.