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2020 SESSION
HB 831 Utility easements; location of broadband and other communications facilities.
Introduced by: Jennifer Carroll Foy | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Utility easements; location of broadband and other communications 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 SB 794.
FULL TEXT
- 01/07/20 House: Prefiled and ordered printed; offered 01/08/20 20104845D pdf
- 01/27/20 House: Committee substitute printed 20106174D-H1 pdf | impact statement
- 02/06/20 House: Committee substitute printed 20107797D-H2 pdf | impact statement
- 02/17/20 Senate: Committee substitute printed 20108365D-S1 pdf | impact statement
- 02/25/20 Senate: Floor substitute printed 20108977D-S2 (Petersen) pdf | impact statement
- 03/05/20 House: Bill text as passed House and Senate (HB831ER) pdf | impact statement
- 04/10/20 Governor: Acts of Assembly Chapter text (CHAP1132) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House committee, floor amendments and substitutes offered
HISTORY
- 01/07/20 House: Prefiled and ordered printed; offered 01/08/20 20104845D
- 01/07/20 House: Referred to Committee on Communications, Technology and Innovation
- 01/16/20 House: Assigned CT & I sub: Communications
- 01/20/20 House: Subcommittee recommends reporting with substitute (6-Y 1-N)
- 01/20/20 House: Subcommittee recommends referring to Committee on Labor and Commerce
- 01/27/20 House: Committee substitute printed 20106174D-H1
- 01/27/20 House: Reported from Communications, Technology and Innovation with substitute (18-Y 3-N)
- 01/27/20 House: Referred to Committee on Labor and Commerce
- 02/06/20 House: Committee substitute printed 20107797D-H2
- 02/06/20 House: Reported from Labor and Commerce with substitute (21-Y 1-N)
- 02/09/20 House: Read first time
- 02/10/20 House: Read second time
- 02/10/20 House: Committee on Communications, Technology and Innovation substitute rejected 20106174D-H1
- 02/10/20 House: Committee Labor and Commerce substitute agreed to 20107797D-H2
- 02/10/20 House: Engrossed by House - committee substitute HB831H2
- 02/11/20 House: Read third time and passed House (93-Y 2-N 1-A)
- 02/11/20 House: VOTE: Passage (93-Y 2-N 1-A)
- 02/12/20 Senate: Constitutional reading dispensed
- 02/12/20 Senate: Referred to Committee on Commerce and Labor
- 02/17/20 Senate: Reported from Commerce and Labor with substitute (11-Y 2-N 2-A)
- 02/17/20 Senate: Committee substitute printed 20108365D-S1
- 02/19/20 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/20/20 Senate: Passed by for the day
- 02/21/20 Senate: Passed by for the day
- 02/24/20 Senate: Read third time
- 02/24/20 Senate: Reading of substitute waived
- 02/24/20 Senate: Committee substitute agreed to 20108365D-S1
- 02/24/20 Senate: Passed by for the day
- 02/25/20 Senate: Floor substitute printed 20108977D-S2 (Petersen)
- 02/25/20 Senate: Passed by for the day
- 02/26/20 Senate: Read third time
- 02/26/20 Senate: Committee substitute reconsidered (39-Y 0-N)
- 02/26/20 Senate: Committee substitute agreed to 20108365D-S1 (32-Y 7-N 1-A)
- 02/26/20 Senate: Engrossed by Senate - committee substitute HB831S1
- 02/26/20 Senate: Passed Senate with substitute (37-Y 2-N 1-A)
- 02/28/20 House: Placed on Calendar
- 02/28/20 House: Senate substitute agreed to by House 20108365D-S1 (91-Y 6-N)
- 02/28/20 House: VOTE: Adoption (91-Y 6-N)
- 03/05/20 House: Enrolled
- 03/05/20 House: Bill text as passed House and Senate (HB831ER)
- 03/06/20 House: Signed by Speaker
- 03/06/20 Senate: Signed by President
- 03/12/20 House: 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 1132 (effective 7/1/20)
- 04/10/20 Governor: Acts of Assembly Chapter text (CHAP1132)