Va. Code Ann. § 56-235.2 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-235.2
All rates, tolls, etc., to be just and reasonable to jurisdictional customers; findings and conclusions to be set forth; alternative forms of regulation for electric companies
Status: in_force

A. Any rate, toll, charge or schedule of any public utility operating in this Commonwealth shall be considered to be just and reasonable only if: (1) the public utility has demonstrated that such rates, tolls, charges or schedules in the aggregate provide revenues not in excess of the aggregate actual costs incurred by the public utility in serving customers within the jurisdiction of the Commission, including such normalization for nonrecurring costs and annualized adjustments for future costs as the Commission finds reasonably can be predicted to occur during the rate year, and a fair return on the public utility's rate base used to serve those jurisdictional customers, which return shall be calculated in accordance with § 56-585.1 for utilities subject to such section; (1a) the investor-owned public electric utility has demonstrated that no part of such rates, tolls, charges or schedules includes costs for advertisement, except for advertisements either required by law or rule or regulation, or for advertisements which solely promote the public interest, conservation or more efficient use of energy; and (2) the public utility has demonstrated that such rates, tolls, charges or schedules contain reasonable classifications of customers. Notwithstanding § 56-234 , the Commission may approve, either in the context of or apart from a rate proceeding after notice to all affected parties and hearing, special rates, contracts or incentives to individual customers or classes of customers where it finds such measures are in the public interest. Such special charges shall not be limited by the provisions of § 56-235.4 . In determining costs of service, the Commission may use the test year method of estimating revenue needs. In any Commission order establishing a fair and reasonable rate of return for an investor-owned gas, telephone or electric public utility, the Commission shall set forth the findings of fact and conclusions of law upon which such order is based.

For ratemaking purposes, the Commission shall determine the federal and state income tax costs for investor-owned water, gas, or electric utility that is part of a publicly-traded, consolidated group as follows: (i) such utility's apportioned state income tax costs shall be calculated according to the applicable statutory rate, as if the utility had not filed a consolidated return with its affiliates, and (ii) such utility's federal income tax costs shall be calculated according to the applicable federal income tax rate and shall exclude any consolidated tax liability or benefit adjustments originating from any taxable income or loss of its affiliates.

In any ratemaking proceeding for an investor-owned utility authorized to furnish water or water and sewer service initiated after January 1, 2022, the Commission shall evaluate such utility on a stand-alone basis and, for purposes of establishing any revenue requirement and rates, utilize such utility's actual end-of-test period capital structure and cost of capital without regard to the cost of capital, capital structure, or investments of any other entities with which such utility may be affiliated, unless the Commission finds based on evidence in the record that the debt to equity ratio of the actual end-of-test period capital structure of such utility is unreasonable, in which case the Commission may utilize a debt to equity ratio that it finds to be reasonable. In all proceedings initiated after January 1, 2022, in which the Commission reviews the rates and associated earnings of an investor-owned utility authorized to furnish water or water and sewer service, the Commission shall conduct such review utilizing the same cost of capital and capital structure adopted in the utility's most recent rate case in which such rates were set, without regard to any later changes in the cost of capital or capital structure.

B. The Commission shall, before approving special rates, contracts, incentives or other alternative regulatory plans under subsection A, ensure that such action (i) protects the public interest, (ii) will not unreasonably prejudice or disadvantage any customer or class of customers, and (iii) will not jeopardize the continuation of reliable electric service.

C. After notice and public hearing, the Commission shall issue guidelines for special rates adopted pursuant to subsection A that will ensure that other customers are not caused to bear increased rates as a result of such special rates.

1977, c. 336; 1984, c. 312; 1996, c. 156 ; 2007, cc. 537 , 888 , 933 ; 2022, cc. 581 , 582 .
Va. Code Ann. § 56-585.1:16 — Virginia Code / Title 56 / Chapter 23 / Section 56-585.1:16
Virtual power plant pilot program
Status: in_force

A. As used in this section:

"Aggregator" means an individual or entity, other than the electric utility, that enrolls customers in the pilot program and coordinates the operation of enrolled energy resources. An aggregator shall not be considered an electric utility by virtue of participating in the pilot program but shall be given nondiscriminatory access to necessary customer and grid data from the utility to participate in the pilot program.

"Distributed energy resource" means a resource of up to five megawatts that is located on the customer's premises or is interconnected with the distribution system and produces or stores electricity or modifies the timing or amount of a customer's electricity consumption.

"Electric utility" means a Phase II Utility as defined in subdivision A 1 of § 56-585.1 of the Code of Virginia.

"Eligible technology" means a distributed energy resource that meets the requirements for participation in the pilot program and does not emit carbon dioxide as a byproduct of combusting fuel or manufacturing fuel for combustion to generate electricity.

"Grid event" means a grid condition for which the electric utility schedules or remotely dispatches enrolled devices to respond.

"Grid service" means a capacity, energy, or ancillary service that supports grid operations.

"Historically economically disadvantaged community" has the same meaning as provided in § 56-576 of the Code of Virginia.

"Virtual power plant" means an aggregation of distributed energy resources, enrolled either directly with an electric utility or indirectly through an aggregator, that are operated in coordination to provide one or more grid services.

B. No later than December 1, 2025, each Phase II Utility shall petition the State Corporation Commission (the Commission) for approval to conduct a pilot program to evaluate methods to optimize demand through various technology applications including the establishment of virtual power plants. Such pilot program shall evaluate electric grid capacity needs and the ability of such virtual power plants to provide grid services, including peak-shaving, during times of peak electric demand. Such pilot program shall consist of aggregations of distributed energy resources totaling up to 450 megawatts for a Phase II Utility and shall include distributed energy resources located in multiple geographic regions of the Commonwealth. An electric utility may utilize any existing or proposed distributed energy programs as part of the pilot program and to further the development of virtual power plants in the Commonwealth. An electric utility that petitions the Commission for such pilot program shall demonstrate that the utility has evaluated funding opportunities from the U.S. Department of Energy. In furthering the goals of such pilot program, the electric utility shall (i) propose programs of at least 15 megawatts incentivizing residential customers to purchase battery storage devices and (ii) notwithstanding the provisions of § 56-585.1:13 of the Code of Virginia, propose a broader electric school bus program as part of a grid transformation filing no later than December 31, 2027, and the Commission may require competitive solicitation open to utility-owned and non-utility-owned resources. The electric utility shall not own the electric school buses as a part of its proposed program, but such electric utility may own the related storage batteries. The electric utility shall only use the bus storage batteries to access the stored electricity at times when the participating school system determines that the electric school buses are not needed to transport students.

C. In conducting such pilot program, the electric utility shall evaluate methods to holistically optimize demand, including: a stakeholder process to receive feedback on program design; a review of reasonable enrollment and performance incentives for participating customers; potential incentives for the purchase of a battery storage device, including increased incentives for customers in historically economically disadvantaged communities; operational parameters for grid services, including the annual maximum number of grid events, the maximum duration of such grid events, and conditions under which a participating customer may opt out of a grid event; reasonable mechanisms to disenroll customers for nonperformance; and preliminary development of a program tariff that is designed to (a) allow customers with technologies, including battery storage, non-battery storage, smart thermostat, or managed electric vehicle charging technologies, to enroll their eligible technologies in the pilot program; (b) provide a mechanism to incorporate existing programs, including smart thermostat demand response, electric vehicle charging programs, and battery storage programs, into such tariff; (c) specify compensable grid services for each eligible technology, including peak demand reduction, voltage support, and emergency services; and (d) specify pay-for-performance compensation mechanisms for such grid services.

D. No later than November 15, 2026, the electric utility shall petition the Commission for a program tariff or variations of a tariff structure through which residential and commercial and industrial customers may enroll, either directly or through an aggregator.

E. Each pilot program shall conclude its initial phase by July 1, 2028, at which time the Commission shall undertake a review of the data and results of the pilot programs and shall evaluate the effectiveness of the pilot programs in providing grid services during times of peak demand. In addition, the Commission shall consider lessons learned from the programs in relation to implementation of Federal Energy Regulatory Commission Order No. 2222 by PJM Interconnection and the complementary role of virtual power plants in the retail electricity market in the Commonwealth. As part of its evaluation, the Commission shall initiate a proceeding to establish a permanent program for the electric utility, which shall include procurement targets applicable to the electric utility for each such permanent program with corresponding performance metrics associated with either achievement of such targets or failure to achieve such targets.

2025, cc. 709 , 712 .
Va. Code Ann. § 56-413.1 — Virginia Code / Title 56 / Chapter 13 / Article 7 / Section 56-413.1
Repealed
Status: repealed

Repealed by Acts 1996, cc. 114 and 157 .
Va. Code Ann. § 56-265.8:1 — Virginia Code / Title 56 / Chapter 10.1 / Section 56-265.8:1
Inspection and approval of certain installations not regulated pursuant to this chapter
Status: in_force

The owner or operator of any facility for the generation of electrical energy not subject to regulation under the Utilities Facilities Act but designed to generate electrical energy for the use by persons other than the owner or operator shall at his expense have the facility designed and inspected by a professional engineer licensed to work in the State of Virginia. Said engineer shall certify that the installation meets the standards of the National Electrical Code and the National Safety Code and that there is adequate equipment for standby purposes. The provisions of this section shall apply only to generation facilities used as a primary source of power and not to emergency supply systems. The provisions hereof shall not apply to municipally owned and operated facilities.

1970, c. 363.
Va. Code Ann. § 56-119 — Virginia Code / Title 56 / Chapter 6 / Article 3 / Section 56-119
Contracts, etc., limiting liability invalid
Status: in_force

No contract, receipt, rule, or regulation shall exempt any transportation company from the liability of a common carrier which would exist had no contract been made or entered into and no such contract, receipt, rule, or regulation for exemption from liability for injury or loss occasioned by the neglect or misconduct of such transportation company as a common carrier shall be valid. The liability referred to in this section shall mean the liability imposed by law upon a common carrier for any loss, damage, or injury to freight or passengers in its custody and care as a common carrier.

Code 1919, §§ 3926, 3930; 1979, c. 477.
Va. Code Ann. § 56-265.19:1 — Virginia Code / Title 56 / Chapter 10.3 / Section 56-265.19:1
Private sewer laterals and sewer system laterals
Status: in_force

A. Notwithstanding any provision of this chapter to the contrary, the protection of sewer system laterals and private sewer laterals shall be implemented as provided in this section. When an excavation is to take place within a public right-of-way or public sewer easement, the sewer system operator shall exercise reasonable care to mark the approximate horizontal location of sewer system laterals within the public right-of-way or public sewer easement as provided in § 56-265.19 .

B. When (i) an excavation is to take place outside the public right-of-way or public sewer easement, (ii) the excavation involves the installation or maintenance of gas or electric utility lines by trenchless technology, (iii) the potential for a conflict with a sewer lateral exists, and (iv) sewer system laterals are located in the public right-of-way:

1. The sewer system operator shall exercise reasonable care to mark the approximate horizontal location of sewer system laterals by:

a. Marking the location of the sewer system lateral where it meets the edge of the right-of-way or public sewer easement, if known; or

b. If the location described in subdivision B 1 a is unknown, marking the location where the sewer system lateral connects to the sewer system main.

2. When the sewer system laterals have been marked in accordance with subdivision B 1 and the excavator reasonably concludes that a private sewer lateral may be impacted by the planned excavation based upon visual evidence, knowledge of the proposed excavation site, or other information available to the excavator, the excavator shall exercise reasonable care to protect the private sewer lateral. For purposes of this subdivision, reasonable care includes the following actions:

a. Reviewing information provided by the private sewer lateral owner;

b. Meeting with the sewer system operator on-site, if the sewer system operator has additional information to provide about the location of private sewer laterals; or

c. Conducting a visual inspection of the proposed excavation site in an effort to determine the probable path of the sewer lateral.

C. When (i) an excavation is to take place within or outside the public right-of-way or public sewer easement, (ii) the excavation involves the installation or maintenance of gas or electric utility lines by trenchless technology, (iii) the potential for a conflict with a sewer lateral exists, and (iv) private sewer laterals are located in the public right-of-way or easement:

1. The sewer system operator shall assist the excavator by one of the following methods, unless the operator marks private sewer laterals in the manner required for its sewer system laterals under subsection B:

a. Provide copies of the best reasonably available records regarding the location of the private sewer laterals by electronic message, mail, facsimile, or other delivery method. If an excavation affects 25 or more private sewer laterals, the sewer system operator's response shall be in accordance with the timelines set forth in § 56-265.17:3 . If the provision of records required by this subsection imposes an unreasonable burden or substantial cost upon a sewer system operator, the excavator and the sewer system operator shall endeavor in good faith to reach an agreement to provide the sewer system operator with additional time to provide the records or any other mutually agreeable accommodation.

b. Provide the best reasonably available records on the Internet or another readily accessible electronic system in order that the records may be retrieved by the excavator from a remote location. If the sewer system operator has implemented such a system, then the sewer system operator shall have no further obligations to provide records under subdivision C 1 a.

c. If the sewer system operator has no such records, but has additional information to provide about the location of private sewer laterals, then the sewer system operator shall notify the excavator of such information and, upon request, either meet with the excavator on-site or convey such information to the excavator.

2. When the records have been made available in accordance with subdivision C 1 and the excavator reasonably concludes that a private sewer lateral may be impacted by the planned excavation based upon visual evidence, knowledge of the proposed excavation site, or other information available to the excavator, the excavator shall exercise reasonable care to protect the private sewer lateral. For purposes of this subdivision, reasonable care includes the following actions:

a. Reviewing information provided by the sewer system operator;

b. Reviewing information provided by the private sewer lateral owner;

c. Meeting with the sewer system operator on-site if the sewer system operator has additional information to provide about the location of private sewer laterals; or

d. Conducting a visual inspection of the proposed excavation site in an effort to determine the probable path of the sewer lateral.

D. Sewer system operators shall mark utility lines, other than sewer system laterals and private sewer laterals, as provided by other sections of this chapter.

E. Water system operators shall mark water system utility lines as provided by other sections of this chapter, except that a water system operator shall not be responsible for marking private water laterals.

F. Records regarding the location of private sewer laterals provided on the Internet or otherwise made accessible by an electronic system pursuant to subdivision C 1 b shall also be accessible to other public utilities and cable operators or excavators working on their behalf for purposes of compliance with this chapter.

G. In all excavations, the excavator shall exercise reasonable care to protect underground utility lines.

2010, c. 205 .
Va. Code Ann. § 56-231.50:2 — Virginia Code / Title 56 / Chapter 9.1 / Article 2 / Section 56-231.50:2
Right of action; violation of rules or regulations
Status: in_force

A. Any person who suffers loss as the proximate result of a violation by a cooperative or its affiliate of any rule or regulation adopted by the Commission pursuant to § 56-231.50:1 shall be entitled to initiate an action to recover actual damages or $500, whichever is greater, and to obtain injunctive relief. Any action pursuant to this section shall be commenced within two years after its accrual.

B. Notwithstanding any other provision of law to the contrary, in addition to any damages awarded, such person may also be awarded reasonable attorney's fees and court costs.

C. In any case arising under this section, no liability shall be imposed upon any cooperative or its affiliate which shows by a preponderance of the evidence that (i) the act or practice alleged to be in violation of any rule or regulation adopted by the Commission pursuant to § 56-231.50:1 was an act or practice over which the same had no control or (ii) the alleged violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid a violation. However, nothing in this section shall prevent the court from ordering restitution and payment of reasonable attorney's fees and court costs pursuant to subsection B to any person aggrieved as a result of an unintentional violation.

1999, c. 874 .
Va. Code Ann. § 56-585.2 — Virginia Code / Title 56 / Chapter 23 / Section 56-585.2
Repealed
Status: repealed

Repealed by Acts 2020, cc. 1193 and 1194 , cl. 3.
Va. Code Ann. § 56-466.2 — Virginia Code / Title 56 / Chapter 15 / Article 1 / Section 56-466.2
Undergrounding existing overhead distribution lines; relocation of facilities of cable operator
Status: in_force

When an investor-owned incumbent electric utility proposes to improve electric service reliability pursuant to clause (iv) of subdivision A 6 of § 56-585.1 by installing new underground facilities to replace the utility's existing overhead distribution tap lines, if the utility owns the poles from which the existing overhead distribution tap lines are to be relocated and any cable operator of a cable television system, as those terms are defined in § 15.2-2108.19 , has also attached its facilities to such poles, the utility shall provide written notice to the cable operator of the utility's intention to relocate the overhead distribution tap lines not less than 90 days prior to relocating the utility's overhead distribution lines. The cable operator shall notify the utility within 45 days of the notice of relocation whether the cable operator will relocate its facilities underground or request to remain overhead in accordance with the provisions set forth herein. If the cable operator elects to relocate its facilities underground, in such notice the cable operator may request that the utility use commercially reasonable efforts to negotiate a common shared underground easement for the facilities to be located underground of the utility and the cable operator. The cable operator shall be responsible to negotiate any additional easements that it may require. If the cable operator elects to relocate its facilities underground, the cable operator may participate with the utility in a joint relocation of the overhead lines to underground or may engage its own contractors to undertake its relocation work if it deems it appropriate to do so. The utility shall not abandon or remove the poles that the utility owns until the cable operator completes the relocation or removal of its facilities or 90 days after the completion of the relocation of the utility overhead distribution lines, whichever first occurs. If the cable operator does not elect to relocate its facilities underground and requests to maintain its facilities overhead, the utility may either (i) convey such poles "as-is" and "where-is" to the cable operator at its depreciated cost less the estimated cost of removal, provided that the cable operator may legally retain the poles that the utility intends to abandon and assumes all liability for the poles conveyed or (ii) retain ownership of its poles and allow the cable operator's existing overhead facilities to remain attached, in which case the utility shall maintain the pole in accordance with prudent utility standards, provided that the cable operator shall continue to pay its pole attachment fees and otherwise comply with its contractual obligations pursuant to the applicable pole attachment agreement. In all cases, the cable operator shall be responsible for all costs related to the relocation or maintenance of its facilities.

In instances in which an investor-owned incumbent electric utility continues to own and maintain its utility poles after the overhead distribution lines of the utility formerly on such poles have been placed underground pursuant to the foregoing provisions, then for purposes of any agreement or ordinance with respect to a cable franchise under § 15.2-2108.20 or 15.2-2108.21 , the utility shall not be deemed to have converted to underground.

2017, c. 583 ; 2018, c. 296 .
Va. Code Ann. § 56-60 — Virginia Code / Title 56 / Chapter 3 / Section 56-60
Application for order authorizing issuance of securities or assumption of liabilities
Status: in_force

An application for an order authorizing the issue of such stocks and stock certificates or other evidences of interest or ownership, and bonds, notes or other evidences of indebtedness for any purpose described in § 56-58 or the assumption of the obligations or liabilities of any other person, firm, association or corporation as provided in § 56-59 shall be made to the Commission stating the amount, character, terms and purposes of the stocks, stock certificates or other evidences of interest or ownership, and bonds, notes and other evidences of indebtedness to be issued or assumed, and stating such other pertinent details as the Commission may require.

1934, p. 222; Michie Code 1942, § 4073(5).
Va. Code Ann. § 56-490 — Virginia Code / Title 56 / Chapter 16 / Section 56-490
Filing certificate of incorporation
Status: in_force

The natural persons executing the certificate of incorporation shall be residents of the territory in which the principal operations of the cooperative are to be conducted who intend to use telephone service to be furnished by the cooperative. The certificate of incorporation shall be subscribed by at least five such persons and acknowledged by them before an officer authorized by the law of this Commonwealth to take and certify acknowledgments of deeds and conveyances. When so acknowledged the certificate shall be filed in accordance with the provisions of Article 3 (§ 13.1-618 et seq.) of Chapter 9 of Title 13.1, and when so filed the articles of incorporation, or certified copies thereof, shall be received in all the courts of this Commonwealth and elsewhere as prima facie evidence of the facts contained therein, and of the due incorporation of the cooperative. All of the provisions of the Virginia Stock Corporation Act (§ 13.1-601 et seq.) and the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.) insofar as not inconsistent with this chapter are hereby made applicable to such cooperatives, and as soon as the charter is lodged for recordation in the office of the State Corporation Commission, the proposed cooperative described therein, under its designated name, shall be and constitute a body corporate with all of the applicable powers provided for in § 56-49 . A cooperative need not have a registered office or a registered agent.

1950, p. 590; 1956, c. 434.
Va. Code Ann. § 56-237.1 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-237.1
Notification of intent to seek rate change in schedules required to be filed under § 56-236
Status: in_force

A. Every public utility, other than a public utility providing water or sewer service, that indicates upon existing required schedules, or upon new schedules required to be filed in lieu thereof, changes in rates, tolls, charges, rules and regulations, shall cause to have published, once a week for four successive weeks, in one or more newspapers in circulation in its franchise area and approved by the Commission, a notice of its intention to change its rates, tolls, charges, rules and regulations. Every public utility providing water or sewer service that indicates upon existing required schedules, or upon new schedules required to be filed in lieu thereof, changes in rates, tolls, charges, rules and regulations, shall cause to have published at least once in one or more newspapers in circulation in its franchise area and approved by the Commission, a notice of its intention to change its rates, tolls, charges, rules and regulations. The last such publication shall appear no less than 30 days prior to the time any changed rates, tolls, charges, rules and regulations shall take effect. This notice shall be in such form and contain such information as prescribed by the Commission.

B. Every public utility that indicates upon existing required schedules, or upon new schedules required to be filed in lieu thereof, changes in rates, tolls, charges, rules, and regulations shall mail to each of its customers who receive periodic statements of charges by mail or send electronically to each of its customers who receive periodic statements of charges electronically, along with its periodic invoice, bill, or other statement advising the customer of its charges, a notice of its intention to change its rates, tolls, charges, rules, and regulations. This notice shall be mailed or sent electronically no less than 30 days prior to the time any such changed rate, toll, charge, rule, and regulation shall take effect. This notice shall be in such form and contain such information as prescribed by the Commission.

C. Except for public utilities providing water or sewer service, the Commission may dispense with either or both of the requirements contained in subsections A and B if either or both such requirements are not necessary to provide adequate notice to all of the public utilities' customers. The Commission may prescribe additional requirements for notification to a public utility's customers of its intention to change its rates, tolls, charges, rules, and regulations.

1976, c. 763; 2011, cc. 738 , 740 ; 2016, cc. 191 , 283 .
Va. Code Ann. § 56-265.22 — Virginia Code / Title 56 / Chapter 10.3 / Section 56-265.22
Duties of notification center upon notification by person intending to excavate; record of notification made by telephone required
Status: in_force

A. The notification center shall, upon receiving notice by a person, notify all member operators whose utility lines are present in the area of the proposed project, excavation, or demolition. The notification center shall also indicate the names of those operators being notified to the person providing notice.

B. If the notification required by this chapter is made by telephone, a record of such notification shall be maintained by the operators or notification center notified to document compliance with the requirements of this chapter, and such records shall be maintained in compliance with the applicable statute of limitations.

C. The notification center shall notify excavators, within the time frame allowed by the law to mark underground utility lines, of any responses placed on the positive response system by a locator. Such notification shall occur by mutually acceptable means of automatically transmitting and receiving this information.

If the excavator cannot provide the notification center with mutually acceptable means of automatically transmitting and receiving this information, it shall be the excavator's responsibility to contact the positive response system after the period allowed by law to mark underground facilities and prior to commencing excavation in order to determine if any responses to the notice have been recorded.

1979, c. 291; 1994, c. 890 ; 2002, c. 841 ; 2023, cc. 299 , 300 .
Va. Code Ann. § 56-339 — Virginia Code / Title 56 / Chapter 13 / Article 1 / Section 56-339
Repealed
Status: repealed

Repealed by Acts 1956, c. 435.
Va. Code Ann. § 56-265.4:7 — Virginia Code / Title 56 / Chapter 10.1 / Section 56-265.4:7
Discontinuing natural gas service; municipal corporation
Status: in_force

A. No municipal corporation that provides natural gas service shall discontinue such service to any residential, commercial, or industrial customer prior to satisfying the following requirements:

1. Provide at least three years' notice, both by bill insert and by publication in a newspaper of general circulation in the area in which the municipal corporation provides service, of the municipal corporation's intention to discontinue service;

2. For two years following the publication of notice required by subdivision 1, attempt to negotiate the sale of its system facilities and associated rights such that service to its customers remains uninterrupted; and

3. If such sale as described in subdivision 2 is not accomplished within two years following the publication of notice required by subdivision 1, the municipal corporation may offer its system facilities and associated rights by auction to the highest bidder.

B. A municipal corporation that is seeking to discontinue natural gas service shall advise its customers by bill insert of its progress in effecting a sale of its system facilities and associated rights at least once annually following the publication of the notice required by subdivision A 1. Copies of the initial publication of such notice and of all subsequent bill inserts relating to discontinuing service and sale of system facilities by a municipal corporation shall be provided to the Commission at the time they are made.

C. Nothing in this section shall be construed to limit the rights of a municipal corporation that provides natural gas service from discontinuing service to a particular customer as the result of nonpayment of fees for services provided or any cause otherwise permitted by law or regulation.

2022, Sp. Sess. I, c. 17 .
Va. Code Ann. § 56-245.1:4 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-245.1:4
Notice procedures for nonpayment; disconnecting utility service
Status: in_force

A. As used in this section, "utility" has the same meaning as provided in § 56-245.1:3 .

B. Each utility shall provide to each of its residential customers a copy of its disconnection for nonpayment policy (i) at any time a new residential account is established, (ii) when any disconnection for nonpayment of bills or fees is scheduled by including a copy of the policy with such notice, or (iii) by publishing the disconnection policy on the utility's website. Each utility shall provide all notices required under this subsection in English, Spanish, and, for customers residing in a locality that is required to provide voting or election materials in another language pursuant to § 24.2-128 , in any such other language. Such required notices shall include information regarding payment plans and state, federal, or utility energy assistance programs.

C. Each utility shall deliver notice of nonpayment of bills or fees to its residential customers prior to disconnection by using at least two of the following methods: (i) mail, (ii) email, (iii) text message, (iv) phone call, or (v) door hanger.

D. No utility shall disconnect a residential customer due to the nonpayment of bills or fees until the customer's account is 60 days in arrears and the utility has made reasonable efforts to offer bill payment assistance, arrange a payment plan, or provide information to the customer for other bill payment assistance or energy savings programs. After each missed payment, the utility shall provide notice pursuant to subsection C and make contact with the customer and offer bill payment assistance, arrange a payment plan, or provide information to the customer for other bill payment assistance or energy savings programs.

E. No electric or gas utility shall require a deposit of more than 25 percent of the arrearage amount for service, exclusive of nonpayment fees, penalties, or interest, in order to restore service to any residential customer where such utility received funding from the Department of Social Services for such customer through the Home Energy Assistance Program pursuant to § 63.2-805 within the last 12 months. A customer is eligible for this provision once every three years.

2024, cc. 790 , 824 ; 2026, c. 250 .
Va. Code Ann. § 56-118 — Virginia Code / Title 56 / Chapter 6 / Article 2 / Section 56-118
Freight bill; what to contain
Status: in_force

Every railroad company or line, doing business in this Commonwealth, shall, at the time when such company delivers any articles shipped or transported over its line, furnish to the owner or consignee thereof, or to his agent, a bill, plainly stating the class of freight to which the articles belong, the weight thereof, and the rate charged for transporting the same. Bills may be furnished by mail or contemporaneous electronic transmission.

Code 1919, § 3917; 1996, cc. 114 , 157 .
Va. Code Ann. § 56-88 — Virginia Code / Title 56 / Chapter 5 / Section 56-88
Definitions
Status: in_force

In this chapter the following terms shall have the following meanings:

"Acquire" or "acquisition" includes any purchase or other acquisition, whether by payment, exchange, gift, conveyance, lease, license, merger, consolidation or otherwise.

"Company" means a corporation, a partnership, an association, a joint-stock company, a business trust or an organized group of persons, whether incorporated or not; or any receiver, trustee or other liquidating agent of any of the foregoing in his capacity as such; but not a municipal corporation or county.

"Dispose of" or "disposition" includes any sale or other disposition, whether by payment, exchange, gift, conveyance, lease, license, merger, consolidation or otherwise.

"Public utility" means any company which owns or operates facilities within the Commonwealth for the generation, transmission or distribution of electric energy for sale; for the production, transmission or distribution, otherwise than in enclosed portable containers, of natural or manufactured gas for sale for heat, light or power, but excluding any company described in subdivision (b)(8) or (b)(10) of § 56-265.1 ; or for the furnishing of sewerage facilities or water.

"Utility assets" means the facilities in place of any public utility or municipality for the production, transmission or distribution of electric energy or natural or manufactured gas, or for the furnishing of sewerage facilities or water.

"Utility security" means any note, draft, debenture, bond, share of stock, certificate, collateral trust certificate, preorganization certificate or subscription, transferable share, investment contract, receiver's or trustee's certificate or any other instrument or interest commonly known as a security which is issued, assumed or guaranteed by any public utility or any company which would be a public utility if the facilities owned or operated by it were within the Commonwealth, or any company substantially engaged in the ownership of any of the aforesaid securities or in supplying management or advice to any of the aforesaid companies; or any certificate of deposit for, voting trust certificate for, certificate of interest or participation in, temporary or interim certificate for, receipt for, guaranty of, assumption of liability on, or warrant or right to subscribe to or purchase or acquire, any of the aforesaid securities.

1940, p. 425; Michie Code 1942, § 3774l; 1992, c. 376; 2000, cc. 528 , 543 ; 2009, c. 746 .
Va. Code Ann. § 56-63 — Virginia Code / Title 56 / Chapter 3 / Section 56-63
Appeal from decision of Commission on issuance of securities
Status: in_force

The public service company making any application under § 56-60 may have the decision or order of the Commission reviewed on appeal to the Supreme Court in the same manner and by the same procedure as any other order, action, or decision of the Commission, when the public service company shall deem such decision or order to be in any respect or manner improper, unjust or unreasonable.

1934, p. 223; Michie Code 1942, § 4073(5).
Va. Code Ann. § 56-354 — Virginia Code / Title 56 / Chapter 13 / Article 2 / Section 56-354
Conductors, etc., to be conservators of the peace
Status: in_force

Conductors and engineers of railroad passenger trains, and station and depot agents, shall be conservators of the peace. Each shall have the same power to make arrests that other conservators of the peace have except that the conductors and engineers of passenger trains shall only have such power on board their respective trains and on the property of their companies while on duty and the agents at their respective places of business. Conductors, engineers, and agents may cause any person so arrested by them to be detained and delivered to the proper authorities for trial as soon as practicable.

Code 1919, § 3944; 1930, p. 788; 1996, cc. 114 , 157 .
Va. Code Ann. § 56-484.18:6 — Virginia Code / Title 56 / Chapter 15 / Article 7.1 / Section 56-484.18:6
Powers of authority
Status: in_force

Each authority created pursuant to this article shall have the power to:

1. Establish and maintain emergency communications systems and public safety answering points;

2. Employ, appoint, or contract administrative, technical, or operational personnel as necessary to carry out the purposes of the authority;

3. Acquire, hold, lease, or dispose of real and personal property or any interest therein, as necessary or convenient to carry out the purposes of the authority;

4. Enter into contracts and agreements necessary or convenient for the performance of its duties;

5. Apply for, receive, and expend funds from the Commonwealth, the federal government, participating localities, or any other lawful source; and

6. Adopt, amend, and repeal rules and regulations not inconsistent with this article or the laws of the Commonwealth in order to carry out the powers given in this article.

2026, c. 730 .
Va. Code Ann. § 56-28 — Virginia Code / Title 56 / Chapter 1 / Article 4 / Section 56-28
Contest by county or Commissioner of Highways
Status: in_force

The board of supervisors or other governing body aforesaid or the Commissioner of Highways may, however, within thirty days from the date of the submission of such plans, specifications and descriptions, reject the same, and may apply to the Commission to inquire into the necessity for such crossing, and the propriety of the proposed location, and all matters pertaining to its construction and operation; and, thereupon the Commission, in its discretion, may, after notice served upon the public service corporation, the board of supervisors or other governing body aforesaid, and the Commissioner of Highways, suspend work on such crossing for such reasonable time prescribed in such notice as it may deem necessary to make such inquiry. The Commission may, in its discretion, employ expert engineers, at a cost not to exceed $500, to be paid by the public service corporation desiring the crossing, who shall, with the Commission, or some member thereof, or such person as the Commission may designate, (1) examine the location, plans, specifications and descriptions of appliances and methods proposed to be employed, (2) hear any objection, and consider any modification that the board of supervisors or other governing body aforesaid, or the Commissioner of Highways, may desire to offer, and, (3) within such time as the Commission may fix, reject, approve, or modify such plans, specifications and descriptions. The final order of the Commission shall, unless an appeal be taken to the Supreme Court by any party to the proceeding within thirty days of the date of such final order, be final and binding on the public service corporation and the board of supervisors or other governing body aforesaid, and the Commissioner of Highways.

Code 1919, § 3885; 1920, p. 412.
Va. Code Ann. § 56-549 — Virginia Code / Title 56 / Chapter 20 / Section 56-549
Default
Status: in_force

In the event of material and continuing default in the performance of the operator's construction or operation duties or failure of the operator to comply with the terms of its agreement with the Department, in either case, after notice thereof and an opportunity to cure, or in the event that construction has not begun within two years of the issuance of a certificate, the Commission, after a hearing in which the applicant or operator has notice and opportunity to participate, may revoke the certificate of authority for the roadway, declare a default in the construction or operation of the roadway, and make or cause to be made the appropriate claim or claims under any completion or performance bonds, or take such other action as it may deem appropriate under the circumstances. The Department may participate in or initiate such proceedings. In case of revocation of a certificate, the applicant or operator shall thereafter be without any authority to construct or operate the roadway, and the Department may take over construction and operation of the roadway, and may proceed thereafter to take any steps which are in the public interest, including completion of construction or additions to the roadway, closing the roadway, or any intermediate step. The Department shall receive the full proceeds of any payments due to claims against bonding companies or sureties for this purpose. In addition, in such event, the operator shall grant to the Department all of its right, title and interest in the assets of the operator. Nothing herein shall be construed to limit the Department's exercise of the power of eminent domain. In either case, the operator may obtain compensation from the Department for such assets, except that the Department shall first deduct from the value of such assets all of its costs incurred in connection with completion or fulfillment of the unperformed obligations of the operator including the payment of any obligations assumed by the Department, and any other costs associated with the events contemplated in this section. The Department shall take into account moneys received from the proceeds of any payment or completion bond in calculating the amount due the operator.

1988, c. 649; 1991, c. 272.
Va. Code Ann. § 56-484.23 — Virginia Code / Title 56 / Chapter 15 / Article 8 / Section 56-484.23
Provision of emergency call information
Status: in_force

A. The MLTS provider of any multiline telephone system that is acquired or installed on or after July 1, 2009, commencing on the date of its installation, shall maintain and operate the MLTS in a manner that ensures that each emergency call placed from any telephone station on the MLTS provides either (i) calling party information to the 9-1-1 network that connects to the PSAP or (ii) an alternative method of providing call location information.

B. Notwithstanding the requirements of subsection A, the MLTS provider of any multiline telephone system using portable VoIP services that is acquired or installed on or after July 1, 2009, commencing on the date of its installation, shall make all reasonable efforts to maintain and operate the MLTS in a manner that ensures that each emergency call placed from any telephone station on the MLTS provides either: (i) calling party information to the 9-1-1 network that connects to the PSAP or (ii) an alternative method of providing call location information.

C. The MLTS provider shall arrange to update the automatic location identification database with appropriate master street address guide, valid address and callback information corresponding to the calling party information for each telephone station. Such updates shall be provided as soon as practicable for new MLTS installations or within one business day of record completion of the actual changes for previously installed systems. When an MLTS provider obtains service through a MLTS service provider, the MLTS service provider shall be responsible for meeting this requirement.

2007, c. 427 ; 2008, c. 853 .
Va. Code Ann. § 56-555.1 — Virginia Code / Title 56 / Chapter 21.1 / Section 56-555.1
Definitions
Status: in_force

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

"Administration" means the U.S. Department of Transportation's Pipeline and Hazardous Materials Administration.

"Federal Act" means the federal Natural Gas Pipeline Safety Act of 1968, P.L. 90-481, as amended, including natural gas pipeline safety regulations set forth in 49 CFR Parts 191, 192, 193, and 199 and federal rules adopted pursuant thereto.

"Gas" means natural gas, flammable gas, or toxic or corrosive gas.

"Gas pipeline facility" includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation.

"Interstate gas pipeline facility" means a gas pipeline facility that is used to transport gas and is subject to jurisdiction of the Secretary under the federal Natural Gas Act, 15 U.S.C. § 717 et seq.

"Secretary" means the U.S. Secretary of Transportation.

2016, c. 261 .
Va. Code Ann. § 56-256.1 — Virginia Code / Title 56 / Chapter 10 / Article 4 / Section 56-256.1
Height of electric power distribution lines over agricultural land
Status: in_force

Unless placement at a greater height is required pursuant to § 56-466 or other applicable law, any electric distribution line that is installed, either as a new line or as a replacement for an existing line, on or after July 1, 2018, by or for an electric utility upon or over land upon which agricultural operations, as defined in § 3.2-300 , are conducted shall be placed at a height that is not less than the minimum height requirement that applies to the placement of electric distribution lines above road crossings.

2018, c. 354 .
Va. Code Ann. § 56-235.12 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-235.12
Economic development programs
Status: in_force

A. As used in this section:

"Acquire utility rights-of-way" means the planning, surveying, permitting, and acquisition of land, including options, easements, and other estates in land.

"Costs" includes depreciation, taxes, return on investment, and other land-related costs associated with costs incurred to acquire utility rights-of-way pursuant to a Program.

"Economic Development Program" or "Program" means a program under which a utility is authorized by the Commission under this section to acquire utility rights-of-way for one or more qualified economic development sites.

"Partnership" means the Virginia Economic Development Partnership Authority.

"Qualified economic development site" means an industrial site within the Commonwealth that has been certified by the Partnership pursuant to subsection B.

"Utility" means a public utility providing water, sewer, electric, or natural gas service to retail customers in the Commonwealth.

B. The Partnership is authorized to certify that an industrial site is a qualified economic development site if it finds that:

1. The person with legal authority to develop the site is authorized to contract for the extension of utility service to the site;

2. The development of the site is compliant with applicable zoning requirements and is consistent with the locality's comprehensive plan;

3. Applicable environmental surveys and reviews, including any wetlands survey, geotechnical borings, a topographical survey, a cultural resources review, an Endangered Species review, or a Phase 1 Environmental Assessment, if required, are completed;

4. An estimate of the costs of the development of the site has been prepared and provided to the Partnership; and

5. The acquisition of utility rights-of-way for the site will further the creation of new jobs and capital investment in the Commonwealth by facilitating the location of one or more significant economic development projects in the Commonwealth.

C. A utility proposing an Economic Development Program shall file a proposal with the Commission for review. A proposal for approval of a Program shall include an analysis of how acquiring utility rights-of-way will enhance the Commonwealth's infrastructure and promote the Commonwealth's competitive business environment by improving the readiness of a qualified economic development site.

D. The Commission shall approve, or approve with appropriate modifications, a Program if it finds that:

1. The implementation of the Program will provide material economic development benefits that might not otherwise be attained absent the Commission's approval of the Program;

2. The Program proposes a rate mechanism, including base rates or a rate adjustment clause, that authorizes the utility to recover its costs incurred in implementing the Program until such time as the investment is placed in service;

3. The proposal to acquire utility rights-of-way would not otherwise be immediately supported by expected revenues from new loads served under the Program at the qualified economic development site;

4. The utility's capital investment does not exceed one percent of gross plant investment in the aggregate or $5 million for any specific qualified economic development site;

5. The associated charges resulting from implementation of the Program will apply only to firm service customers;

6. The Virginia Economic Development Partnership has certified pursuant to subsection B that the site for which the utility proposes to acquire utility rights-of-way under the Program is a qualified economic development site;

7. The Program is designed only to acquire utility rights-of-way to a qualified economic development site and not to provide service to other customers or potential customers;

8. The utility's assumptions regarding costs to acquire utility rights-of-way under the Program are not unduly speculative; and

9. The Program is not otherwise contrary to the public interest.

E. After Commission review and absent action by the Commission to the contrary, the Program shall take effect 120 days following the date on which the proposal for the Program was filed. Any amendment to a Program following its implementation shall be submitted to the Commission at least 60 days prior to the proposed effective date thereof and, absent action by the Commission to the contrary, the amendment shall become effective on such date.

F. The Commission's approval of a Program shall authorize the utility to:

1. Acquire utility rights-of-way for the ordinary extension of utility facilities in the normal course of business to one or more qualified economic development sites; and

2. Recover costs incurred in implementing the Program, including costs deferred and associated carrying costs, from the time incurred until the time the Commission establishes new rates that include recovery of such deferred costs.

G. A utility, in implementing a Program, shall in good faith coordinate the acquisition of rights-of-way with communications providers and other utilities, including water, sewer, electric, or natural gas utilities, so that any facilities ultimately to be constructed may be collocated to the extent feasible.

H. In calculating the utility's return on the investment with regard to costs incurred in implementing a Program, the Commission shall use the utility's regulatory capital structure, including the cost of equity most recently approved by the Commission. If the utility's cost of capital at the time its Economic Development Program is filed has not been changed by order of the Commission within the preceding five years, the Commission may require the utility to file an updated weighted average cost of capital, and the utility may propose an updated weighted average cost of capital.

I. Nothing in this section shall:

1. Be deemed to prevent one or more utilities from jointly filing a Program under this section, and the Commission may consolidate consideration of Programs filed to serve the same qualified economic development site;

2. Otherwise impair or enlarge the powers granted to public service companies by this title;

3. Permit a Program to include conversion of existing retail propane customers to electric or natural gas; or

4. Prohibit an electric utility from recovering its transmission-related costs incurred in implementing the Program through a rate adjustment clause pursuant to subdivision A 4 of § 56-585.1 .

J. A utility may request proprietary treatment of any and all supporting materials provided in support of a Program.

2019, cc. 494 , 495 .
Va. Code Ann. § 56-622 — Virginia Code / Title 56 / Chapter 29 / Section 56-622
Renewable generator may contract for right-of-way
Status: in_force

A renewable generator may contract with any person that owns lands, or any interest, franchise, privilege, or easement therein or in respect thereto, over which distribution facilities are proposed to be constructed, for the right-of-way for erecting, repairing, and preserving its poles and other structures necessary for operating its facilities, and for sufficient land for the erection and occupation of offices at suitable distances along its distribution facilities.

2009, c. 807 , § 67-1108; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 56-231.47 — Virginia Code / Title 56 / Chapter 9.1 / Article 2 / Section 56-231.47
Adoption of article
Status: in_force

Any cooperative of this Commonwealth engaged in the purchase, sale, generation or transmission of electric energy products or services for sale or resale may come under the provisions of this article by filing with the Commission a certificate of adoption in the manner provided by subsection (b) of § 13.1-334 and relinquishing all rights and powers granted by its former charter.

1999, c. 874 .
Va. Code Ann. § 56-22 — Virginia Code / Title 56 / Chapter 1 / Article 4 / Section 56-22
Change of course of railroad, etc., to avoid crossings
Status: in_force

If any public service corporation desires that the course of any other railroad, turnpike, canal, or other works shall be changed to avoid the necessity of any crossing, or frequent crossings of the same, the change may be made in such manner and on such terms as may be agreed on by the company desiring the change, and the company, person, or county owning or having charge of the works to be affected by such change.

Code 1919, § 3884.
Va. Code Ann. § 56-5.1 — Virginia Code / Title 56 / Chapter 1 / Article 1 / Section 56-5.1
Repealed
Status: repealed

Repealed by Acts 2005, c. 35 .
Va. Code Ann. § 56-23 — Virginia Code / Title 56 / Chapter 1 / Article 4 / Section 56-23
Crossing of highway by public service corporation
Status: in_force

If any public service corporation deems it necessary in the construction of its works or in changing its grade or line or in double tracking the same, or if, for any reason, it is required to cross a state highway or county road at grade, or at an elevation above the grade or below the grade, of such highway or road, it may do so under the conditions set forth in §§ 56-24 through 56-32 .

Code 1919, § 3885; 1920, p. 411.
Va. Code Ann. § 56-249.3 — Virginia Code / Title 56 / Chapter 10 / Article 3 / Section 56-249.3
Certain electric utilities to file reports in relation to fuel transactions, fuel purchases, fuel adjustment clauses, etc
Status: in_force

The Commission shall require that public electric utilities, owning and operating generating facilities, or privately owned utilities purchasing power at wholesale for retail sales within this State, file monthly with the Commission for its review such information as it may deem necessary, which may include the following:

1. The various types of fuels received such as coal, oil, nuclear fuel or natural gas;

2. The following information on fossil fuels:

a. The supplier of the fossil fuel, the cost in cents per MBTU of the fuel, with a notation of whether the fuel was contracted for, purchased on the spot market or purchased from an affiliate of the electric utility;

b. The quantities of the various types of fossil fuels received stated in tons of coal, barrels of oil, millions of cubic feet of natural gas;

c. The average BTU content per pound, gallon or cubic foot received, whichever is applicable;

d. The average sulfur and ash content, where applicable, of the fuel received;

3. Total demurrage charges incurred at each generating plant;

4. Total cost of transportation incurred at each generating plant;

5. The quantity of fuel consumed by each generation unit in the generating plant;

6. The average cost of the fossil and nuclear fuel in cents per MBTU's consumed at each plant with and without handling charges;

7. The monthly net heat rate expressed in BTU's per kilowatt-hour for each generating unit;

8. The kilowatt-hour output delivered into the system on a monthly basis;

9. The monthly net kilowatt-hour interchange; and

10. The monthly system kilowatt-hour sales.

1977, c. 125; 1979, c. 617.
Va. Code Ann. § 56-207 — Virginia Code / Title 56 / Chapter 8 / Section 56-207
Repealed
Status: repealed

Repealed by Acts 1981, c. 177.
Va. Code Ann. § 56-5 — Virginia Code / Title 56 / Chapter 1 / Article 1 / Section 56-5
Triple damages for injury to property of public service corporation
Status: in_force

Any person who shall wilfully destroy, injure, or obstruct any of the works or property of a public service corporation shall be liable to such corporation for three times the amount of the actual damage thereby sustained. This section shall not relieve such person of any liability to criminal prosecution for such offense, or of any fine or imprisonment imposed by law therefor.

Code 1919, § 3894.
Va. Code Ann. § 56-247.2 — Virginia Code / Title 56 / Chapter 10 / Article 3 / Section 56-247.2
Budget plan payment increase; notice required
Status: in_force

A. As used in this section, "budget plan" means a fixed billing option offered by a public utility to a customer whereby the total service for the succeeding 12-month period is estimated in advance and bills are rendered monthly on the basis of one-twelfth of the 12-month estimate.

B. No public utility shall, for any residential customer who is enrolled in a budget plan, increase the amount of such customer's monthly payment more than once within any 12-month period or without notifying the customer in writing at least 60 days before such increase takes effect.

C. The provisions of this section shall not apply to any public utility engaged in the business of furnishing water or sewerage facilities.

2026, c. 373 .
Va. Code Ann. § 56-521 — Virginia Code / Title 56 / Chapter 17 / Section 56-521
Restoring possession to utility
Status: in_force

Whenever the authorized representatives of any such utility shall notify the Governor, in writing, stating that the utility is in position to and can and will resume operations and render normal public service, and shall satisfy the Governor, or his designated agent of the correctness of such statement, the Governor, or such agent, upon the request of the utility management, shall restore to the possession of the utility its properties and facilities. In the event that the Governor or such agent for any reason refuses such restoration of possession, the utility shall have the right to have a rule issued by the circuit court in the City of Richmond, or the judge thereof in vacation, to show cause why such possession should not be restored. The rule shall provide for 10 days' notice to the Governor or such agent before cause is required to be shown. The decision of such court, or the judge thereof in vacation, on such question shall be final as to conditions then existing, but shall not be a bar to subsequent requests by the utility for restoration of possession. Nothing in this section shall be construed as denying to the Governor the right to restore possession at any time when, in his judgment, the public interest so requires.

1952, c. 696; 2005, c. 681 .
Va. Code Ann. § 56-257.5 — Virginia Code / Title 56 / Chapter 10 / Article 5 / Section 56-257.5
Manner of installing underground utility lines through agricultural operation
Status: in_force

A. For purposes of this section:

"Topsoil" means at least 12 inches of the surface soil layer or a six-inch layer of soil that includes the surface soil and the unconsolidated subsoil immediately below it.

"Underground utility line" means an underground pipeline or conduit of an inside diameter greater than 12 inches or an underground electrical transmission or distribution line of a capacity greater than 115 kilovolts.

B. Every operator, as defined in § 56-265.15 , having the right to install an underground utility line shall install such underground utility line in accordance with regulations adopted pursuant to subsection C.

C. The Commission shall adopt regulations applicable to any operator that is subject to the provisions of subsection B. The regulations shall require that if such operator, in the course of installing the underground utility line, disturbs an area of land that measures 10,000 square feet or more and constitutes one or more agricultural operations, as defined in § 3.2-300 , the operator shall, if desired by the landowner or land management agency, either (i) redistribute the topsoil removed from the disturbed area to graded areas elsewhere on the land of the affected property owner or (ii) if insufficient graded areas are available as sites for such redistribution, stockpile the topsoil removed from the disturbed area until it can be redistributed on the area initially disturbed. The regulations shall require that redistributed topsoil be placed on scarified land and that stockpiled topsoil be protected from erosion and compaction. If the property owner does not agree, then the topsoil shall be disposed of in accordance with applicable law.

2020, c. 666 .
Va. Code Ann. § 56-32 — Virginia Code / Title 56 / Chapter 1 / Article 4 / Section 56-32
Limitation on crossing rights if altering, closing or obstructing highway or stream involved
Status: in_force

No state highway or county road or stream, or watercourse, shall be altered, closed or obstructed by any public service corporation for any of the purposes mentioned in § 56-23 until it shall have first submitted plans and specifications to the board of supervisors or other governing body aforesaid, and to the Commissioner of Highways, of the proposed alteration, closing or obstruction, and until after the plans and specifications shall have been first approved in writing both by the board of supervisors or other governing body aforesaid, and by the Commissioner of Highways. And in any such case such public service corporation shall provide and construct an equally convenient highway or waterway in lieu of any such highway or waterway so altered, closed or obstructed.

Code 1919, § 3885; 1920, p. 413.
Va. Code Ann. § 56-49.01 — Virginia Code / Title 56 / Chapter 2 / Section 56-49.01
Natural gas companies; right of entry upon property
Status: in_force

A. Any firm, corporation, company, or partnership, organized for the bona fide purpose of operating as a natural gas company as defined in 15 U.S.C. § 717a, as amended, may make such examinations, tests, hand auger borings, appraisals, and surveys for its proposed line or location of its works as are necessary (i) to satisfy any regulatory requirements and (ii) for the selection of the most advantageous location or route, the improvement or straightening of its line or works, changes of location or construction, or providing additional facilities, and for such purposes, by its duly authorized officers, agents, or employees, may enter upon any property without the written permission of its owner if (a) the natural gas company has requested the owner's permission to inspect the property as provided in subsection B, (b) the owner's written permission is not received prior to the date entry is proposed, and (c) the natural gas company has given the owner notice of intent to enter as provided in subsection C. A natural gas company may use motor vehicles, self-propelled machinery, and power equipment on property only after receiving the permission of the landowner or his agent.

B. A request for permission to inspect shall (i) be sent to the owner by certified mail, (ii) set forth the date such inspection is proposed to be made, and (iii) be made not less than 15 days prior to the date of the proposed inspection.

C. Notice of intent to enter shall (i) be sent to the owner by certified mail, (ii) set forth the date of the intended entry, and (iii) be made not less than 15 days prior to the date of mailing of the notice of intent to enter.

D. Any entry authorized by this section shall not be deemed a trespass. The natural gas company shall make reimbursement for any actual damages resulting from such entry. Nothing in this section shall impair or limit any right of a natural gas company obtained by (i) the power of eminent domain, (ii) any easement granted by the landowner or his predecessor in title, or (iii) any right-of-way agreement, lease or other agreement by and between a natural gas company and a landowner or their predecessors in title or interest.

2004, c. 829 .
Va. Code Ann. § 56-12 — Virginia Code / Title 56 / Chapter 1 / Article 2 / Section 56-12
Works and property sold under court decree subject to provisions of three preceding sections
Status: in_force

The works and property of a public service corporation sold under a decree of a court having competent jurisdiction shall be held by the purchaser thereof subject to all the provisions of §§ 56-9 through 56-11 , so far as the same may be applicable to such a sale.

Code 1919, § 3898.
Va. Code Ann. § 56-517 — Virginia Code / Title 56 / Chapter 17 / Section 56-517
Interference with or obstruction of Governor, state representative or agent
Status: in_force

No person, organization or association or any bargaining representative of the employees or any representative or agent of the management of the utility shall interfere with or obstruct the Governor, or any state representative or agent designated by him, in his efforts to secure or contract for the services of the officers and employees of the utility or of any person to engage in or continue the operation of the utility, or shall encourage or solicit any such persons not to render such services or shall interfere in or obstruct the training of prospective employees in the operation of the utility by the Governor or by the designated state representatives. Upon seizure of any utility as provided herein the establishment or conduct of a picket line near or adjacent to any work engaged in or proposed to be engaged in by any such persons employed or sought to be employed by the Commonwealth in its operation of such utility shall be deemed an unlawful obstruction of the exercise of an essential function of the state government and a violation of this section; and all persons ordering, directing, encouraging or participating in any such picketing shall be guilty of violating this section.

1952, c. 696.
Va. Code Ann. § 56-345 — Virginia Code / Title 56 / Chapter 13 / Article 1 / Section 56-345
Repealed
Status: repealed

Repealed by Acts 1996, cc. 114 and 157 .
Va. Code Ann. § 56-141 — Virginia Code / Title 56 / Chapter 6 / Article 5 / Section 56-141
Repealed
Status: repealed

Repealed by Acts 1994, c. 314 .
Va. Code Ann. § 56-420 — Virginia Code / Title 56 / Chapter 13 / Article 7 / Section 56-420
Repealed
Status: repealed

Repealed by Acts 1988, c. 7.
Va. Code Ann. § 56-601 — Virginia Code / Title 56 / Chapter 25 / Section 56-601
Natural gas conservation and ratemaking efficiency
Status: in_force

A. Consistent with the objectives pertaining to the energy issues and policy elements stated in § 45.2-1706.1 , it is in the public interest to authorize and encourage the adoption of natural gas conservation and ratemaking efficiency plans that promote the wise use of natural gas and natural gas infrastructure through the development of alternative rate designs and other mechanisms that more closely align the interests of natural gas utilities, their customers, and the Commonwealth generally, and improve the efficiency of ratemaking to more closely reflect the dynamic nature of the natural gas market, the economy, and public policy regarding conservation and energy efficiency. Such alternative rate designs and other mechanisms should, where feasible:

1. Provide utilities with better tools to work with customers to decrease the average customer's annual average weather-normalized consumption of energy;

2. Provide reasonable assurance of a utility's ability to recover costs of serving the public, including its cost-effective investments in conservation and energy efficiency as well as infrastructure needed to provide or maintain reliable service to the public;

3. Reward utilities for meeting or exceeding conservation and energy efficiency goals that may be established pursuant to the Virginia Energy Plan (§ 45.2-1710 et seq.);

4. Provide customers with long-term, meaningful opportunities to more efficiently consume energy, while ensuring that the rate design methodology used to set a utility's revenue recovery is not inconsistent with such conservation and energy efficiency goals;

5. Recognize the economic and environmental benefits of efficient use of natural gas, biogas, and lower-carbon gases; and

6. Preserve or enhance the utility bill savings that customers receive when they reduce their energy use.

B. Natural gas utilities are authorized pursuant to this chapter to file natural gas conservation and ratemaking efficiency plans that implement alternative natural gas utility rate designs and other mechanisms, in addition to or in conjunction with the cost of service methodology set forth in § 56-235.2 and performance-based regulation plans authorized by § 56-235.6 , that:

1. Replace existing utility rate designs or other mechanisms that promote inefficient use of natural gas with rate designs or other mechanisms that ensure a utility's recovery of its authorized revenues is independent of the amount of customers' natural gas consumption;

2. Provide incentives for natural gas utilities to promote conservation and energy efficiency by granting recovery of the costs associated with cost-effective conservation and energy efficiency programs; and

3. Reward utilities that meet or exceed conservation and energy efficiency goals on a weather-normalized, annualized average customer basis through the implementation of cost-effective conservation and energy efficiency programs.

C. This chapter shall be construed liberally to accomplish these purposes.

2008, c. 639 ; 2021, Sp. Sess. I, c. 327 ; 2022, cc. 728 , 759 .
Va. Code Ann. § 56-231.19 — Virginia Code / Title 56 / Chapter 9.1 / Article 1 / Section 56-231.19
Filing articles of incorporation; effect thereof; other provisions of law applicable
Status: in_force

The natural persons executing the articles of incorporation shall be residents of the territory in which the principal operations of the cooperative are to be conducted who intend to use utility services to be furnished by the cooperative. The articles of incorporation shall be subscribed by at least five such persons and acknowledged by them before an officer authorized by the law of this Commonwealth to take and certify acknowledgments of deeds and conveyances. When so acknowledged the articles shall be filed in accordance with the provisions of Article 3 (§ 13.1-618 et seq.) of Chapter 9 or Article 3 (§ 13.1-818 et seq.) of Chapter 10 of Title 13.1. When so filed the articles of incorporation, or certified copies thereof, shall be received in all the courts of this Commonwealth and elsewhere as prima facie evidence of the facts contained therein, and of the due incorporation of such cooperative. All of the provisions of the Virginia Stock Corporation Act (§ 13.1-601 et seq.), and the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.), insofar as not inconsistent with this article are hereby made applicable to such stock and nonstock cooperatives, respectively; provided, however, that subsections D through G of § 13.1-620 and subdivision 1 of § 13.1-825 shall not apply to any affiliate or subsidiary of a cooperative. When the charter is filed in the office of the State Corporation Commission, the proposed cooperative described therein, under its designated name, shall be and constitute a body corporate, and, with respect to its providing regulated utility services, with all of the applicable powers provided for in § 56-49 . A cooperative formed prior to July 1, 1999, need not have a registered office or registered agent. A stock or nonstock cooperative formed thereafter shall comply with § 13.1-634 or § 13.1-833 , respectively.

1999, c. 874 .
Va. Code Ann. § 56-416 — Virginia Code / Title 56 / Chapter 13 / Article 7 / Section 56-416
Effect of failure to give statutory signals
Status: in_force

If the employees in charge of any railroad engine or train fail to give the signals required by law on approaching a grade crossing of a public highway not protected with an automatically operating gate, operating wigwag signal or other operating electrical or operating automatic crossing protection device, the fact that a traveler on such highway failed to exercise due care in approaching such crossing shall not bar recovery for an injury to or death of such traveler, nor for an injury to or the destruction of property in his charge, where such injury, death, or destruction results from a collision on such crossing between such engine or train and such traveler or the property in his charge, respectively; but the failure of the traveler to exercise such care may be considered in mitigation of damages.

Code 1919, § 3959; 1964, c. 621.
Va. Code Ann. § 56-484.14 — Virginia Code / Title 56 / Chapter 15 / Article 7 / Section 56-484.14
Powers and duties of the 9-1-1 Services Board
Status: in_force

The 9-1-1 Services Board shall have the power and duty to:

1. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including purchase agreements payable from (i) the Wireless E-911 Fund and (ii) other moneys appropriated for the provision of 9-1-1 services.

2. Pursue all legal remedies to enforce any provision of this article, or any contract entered into pursuant to this article.

3. Develop a comprehensive, statewide enhanced 9-1-1 plan for wireless E-911, VoIP E-911, and any other future communications technologies accessing 9-1-1 for emergency purposes. In constructing and periodically updating this plan as appropriate, the Board shall monitor trends and advances in enhanced wireless, VoIP, and other emergency telecommunications technologies, plan and forecast future needs for these enhanced technologies, and formulate strategies for the efficient and effective delivery of 9-1-1 services in the future.

4. Grant such extensions of time for compliance with the provisions of § 56-484.16 as the Board deems appropriate.

5. Take all steps necessary to inform the public of the use of the digits "9-1-1" as the designated emergency telephone number and the use of the digits "#-7-7" as a designated non-emergency telephone number.

6. Report annually to the Governor, the Senate Committee on Finance and Appropriations and the House Committee on Appropriations, and the Virginia State Crime Commission on (i) the state of enhanced 9-1-1 services in the Commonwealth, (ii) the impact of, or need for, legislation affecting enhanced 9-1-1 services in the Commonwealth, and (iii) the need for changes in the E-911 funding mechanism provided to the Board, as appropriate.

7. Provide advisory technical assistance to PSAPs and state and local law enforcement, and fire and emergency medical services agencies, upon request.

8. Collect, distribute, and withhold moneys from the Wireless E-911 Fund as provided in this article.

9. Develop a comprehensive single, statewide electronic addressing database to support geographic data and statewide base map data programs pursuant to subsection D of § 44-146.18:6 .

10. Receive such funds as may be appropriated for purposes consistent with this article and such gifts, donations, grants, bequests, or other funds as may be received from, applied for or offered by either public or private sources.

11. Manage other moneys appropriated for the provision of enhanced emergency telecommunications services.

12. Perform all acts necessary, convenient, or desirable to carrying out the purposes of this article.

13. Drawing from the work of 9-1-1 professional organizations, in its sole discretion, publish best practices for PSAPs. These best practices shall be voluntary and recommended by a subcommittee composed of PSAP representatives.

14. Develop or adopt and publish standards for an emergency services IP network and core NG9-1-1 services on that network to ensure that enhanced public safety telephone services seamlessly interoperate within the Commonwealth and with surrounding states.

15. Monitor developments in 9-1-1 service and multiline telephone systems and the impact of such technologies upon the implementation of Article 8 (§ 56-484.19 et seq.). The Board shall include its assessment of such impact in the annual report filed pursuant to subdivision 6.

2000, c. 1064 ; 2005, c. 942 ; 2006, c. 739 ; 2007, c. 427 ; 2011, c. 138 ; 2015, cc. 502 , 503 ; 2016, c. 361 ; 2020, c. 423 .
Va. Code Ann. § 56-49.1 — Virginia Code / Title 56 / Chapter 2 / Section 56-49.1
Repealed
Status: repealed

Repealed by Acts 1956, c. 438.
Va. Code Ann. § 56-88.1 — Virginia Code / Title 56 / Chapter 5 / Section 56-88.1
Acquisition or disposition of control of a public utility
Status: in_force

A. No person, whether acting alone or in concert with others, shall, directly or indirectly, acquire or dispose of control of:

1. A public utility within the meaning of this chapter, or all of the assets thereof, without the prior approval of the Commission. Any person proposing an acquisition or disposition for which Commission approval is required by this section shall seek such approval pursuant to the procedure of § 56-90 ; or

2. A telephone company, or all of the assets thereof, without the prior approval of the Commission. In determining whether to grant approval, the Commission shall consider only the financial, managerial, and technical resources to render local exchange telecommunications services of the person acquiring control of or all of the assets of the telephone company.

The Commission shall, after the filing of a completed application, approve or disapprove the requested acquisition or disposition within 60 days. The 60-day period may be extended by Commission order for a period not to exceed an additional 120 days. The application shall be deemed approved if the Commission fails to act within 60 days or any extended period ordered by the Commission.

B. Any such acquisition or disposition of control without prior approval shall be voidable by the Commission. In addition, the Commission is authorized to revoke any certificate of public convenience and necessity it has issued, order compliance with this chapter, or take such other action as may be appropriate within the authority of the Commission.

C. For purposes of this section, "control" means (i) the acquisition of 25 percent or more of the voting stock or (ii) the actual exercise of any substantial influence over the policies and actions of any public utility or telephone company.

D. This section shall not apply to any company engaged in the business of generating electricity whose rates and services are not regulated by the State Corporation Commission.

1992, c. 376; 2011, cc. 738 , 740 .
Va. Code Ann. § 56-526 — Virginia Code / Title 56 / Chapter 17 / Section 56-526
Duty of Commonwealth's attorneys and Attorney General; employment of special counsel
Status: in_force

It shall be the duty of every attorney for the Commonwealth to whom the Governor shall report any violation of §§ 56-512 , 56-515 or § 56-517 to cause proceedings to be prosecuted without delay for the fines and penalties in such cases. The Attorney General shall be charged with the duty of enforcing all other provisions of this chapter and shall represent the Governor in all matters arising thereunder. Whenever he shall deem it in the best interest of the Commonwealth the Attorney General may employ special counsel to assist him in carrying out the duties imposed by this section and the expenses so incurred shall be considered as an expense of operation of the utility and paid in accordance with the provisions of § 56-518 .

1952, c. 696.
Va. Code Ann. § 56-245.1:2 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-245.1:2
Customers to be notified of renewable power options
Status: in_force

A. The Commission shall post on its website the names, telephone numbers, and available hyperlinks of suppliers of electric energy licensed to sell retail electric energy pursuant to § 56-587 , that (i) expressly state in their applications for licensure, or for any renewal thereof, that they offer electric energy supplied from renewable energy to retail customers in the Commonwealth as described in subdivision A 5 of § 56-577 and (ii) request in any such applications that they be identified on the Commission's website as making such offers. Provided, however, that by posting such information on its website, the Commission shall not be deemed to provide any guarantees or assurances concerning the bona fides of such offers or that any such offers are in conformance with the laws of the Commonwealth.

B. At least once each calendar quarter, each investor-owned electric utility in the Commonwealth shall include in or on the customer bills a notice directing them to the Commission website described in subsection A. Each investor-owned electric utility shall also feature available options for purchasing electric energy from renewable sources offered by the utility prominently on its website.

2008, c. 518 ; 2016, cc. 248 , 259 .
Va. Code Ann. § 56-484.18:8 — Virginia Code / Title 56 / Chapter 15 / Article 7.1 / Section 56-484.18:8
Construction of article and applicability
Status: in_force

This article shall be liberally construed to effect its purposes and to promote regional cooperation in emergency communications. Nothing in this article shall require any locality to participate in an authority.

2026, c. 730 .
Va. Code Ann. § 56-349 — Virginia Code / Title 56 / Chapter 13 / Article 2 / Section 56-349
Repealed
Status: repealed

Repealed by Acts 1956, c. 435.
Va. Code Ann. § 56-465 — Virginia Code / Title 56 / Chapter 15 / Article 1 / Section 56-465
Preceding sections subject to repeal or change at pleasure
Status: in_force

The preceding sections of this chapter and also §§ 56-466 , 56-467 and 56-484 shall be subject to repeal, alteration, or modification, and the rights and privileges acquired thereunder shall be subject to revocation or modification by the General Assembly at its pleasure.

Code 1919, § 4041.
Va. Code Ann. § 56-264 — Virginia Code / Title 56 / Chapter 10 / Article 6 / Section 56-264
Quo warranto in case of failure to comply with order of Commission
Status: in_force

If any such public service corporation shall fail or refuse to comply with any order of the Commission made pursuant to the provisions of § 56-263 , the Commonwealth, or any person authorized by Article 1 (§ 8.01-635 et seq.) of Chapter 25 of Title 8.01 to institute such a proceeding, may proceed against such corporation by a writ of quo warranto, or information in the nature of a writ of quo warranto, in the circuit or corporation court having jurisdiction in the county or city wherein is located the principal office of the corporation in this Commonwealth. The provisions of Article 1 of Chapter 25 of Title 8.01 shall be applicable to any such proceeding except as herein otherwise provided and if, in such proceeding, there shall be a judgment of dissolution, the provisions of § 13.1-755 shall apply.

1924, p. 690; 1928, p. 633; Michie Code 1942, § 4073d.
Va. Code Ann. § 56-265.13:6.1 — Virginia Code / Title 56 / Chapter 10.2:1 / Section 56-265.13:6.1
Appointment of receiver; penalty
Status: in_force

A. The Commission may, either upon petition of two-thirds of the affected customers or upon petition of its staff or upon a petition of the Board of Health, appoint a receiver to operate a small water or sewer utility which is unable or unwilling to provide adequate service to its customers. The utility shall be deemed to be unable or unwilling to provide adequate service if the Commission finds, after notice to the utility and the Department of Health and hearing, that:

1. The utility has failed to supply water or sewer service to a majority of the consumers for five days or more during the preceding three months for reasons within the control of the water and sewer utility; or

2. The Department of Health has certified that the utility has not met Department standards regarding the provision of an adequate quality and quantity of public drinking water and the Department of Health has found that the utility is unwilling to take action to meet these standards; or

3. The utility is grossly mismanaged; or

4. The utility has failed to comply with an order of the Commission to provide adequate service to the customers.

Upon appointment, the receiver shall take possession of the assets of the utility and operate them in the best interests of the customers. Control of and responsibility for the utility shall remain in the receiver until the utility can, in the best interests of customers, be returned to the original owners, transferred to new owners, or liquidated, whichever the Commission may determine to be in the public interest.

B. The provisions of §§ 8.01-583 through 8.01-590 shall apply mutatis mutandis. The receiver shall be empowered to make application to the Commission for temporary and permanent rate increases and changes in the utility's rules and regulations.

C. If the Commission determines that the utility's actions that caused it to be placed under the control and responsibility of the receiver, under this section, were due to intentional misappropriation or wrongful diversion of the assets or income of such utility or to other willful misconduct by any director, officer, or manager of the utility, it may require such director, officer, or manager to make restitution to the utility. In addition to the foregoing, any such director, officer, manager, or affiliate that commits such misappropriation or wrongful diversion or fails, neglects, or refuses to obey an order, rule, direction, or requirement of the Commission to make restitution to the utility shall be subject to a civil penalty of no more than $500 for each offense, and each day of such conduct shall constitute a separate offense.

1994, c. 311 .
Va. Code Ann. § 56-338.104 — Virginia Code / Title 56 / Chapter 12.8 / Section 56-338.104
Repealed
Status: repealed

Repealed by Acts 1995, cc. 744 and 803 .
Va. Code Ann. § 56-232.1 — Virginia Code / Title 56 / Chapter 10 / Article 1 / Section 56-232.1
Regulation of service by certain gas pipeline companies to municipalities
Status: in_force

Notwithstanding any provision of law the Commission shall regulate, to the same extent as it regulates other public utilities, the utility service furnished to any municipal corporation by a natural gas pipeline transmission company, all of whose facilities are located within the Commonwealth, and the rates, charges and facilities of such company used to furnish such service.

1985, c. 41.
Va. Code Ann. § 56-366 — Virginia Code / Title 56 / Chapter 13 / Article 3 / Section 56-366
Repealed
Status: repealed

Repealed by Acts 1952, c. 398.
Va. Code Ann. § 56-41.1 — Virginia Code / Title 56 / Chapter 1 / Article 5 / Section 56-41.1
Rates and charges for use of poles by telephone cooperatives, mutual telephone associations and small investor-owned telephone utilities
Status: in_force

A. The General Assembly has determined that the joint use of poles by electric light, heat and power companies, telephone cooperatives, mutual telephone associations and small investor-owned telephone utilities is in the public interest and should be encouraged to the maximum extent possible.

B. The terms and rates for the joint use of poles by electric light, heat and power companies, telephone cooperatives, mutual telephone associations and small investor-owned telephone utilities shall be by agreement between the parties. In the event that the terms and rates cannot be agreed upon by the interested parties, it shall be the duty of the Commission to determine and establish such terms and the rates to be paid for joint use.

1989, c. 605.
Va. Code Ann. § 56-338.93 — Virginia Code / Title 56 / Chapter 12.7 / Section 56-338.93
Repealed
Status: repealed

Repealed by Acts 1995, cc. 744 and 803 .
Va. Code Ann. § 56-484.2 — Virginia Code / Title 56 / Chapter 15 / Article 4 / Section 56-484.2
Extension or reduction upon poll of certain subscribers
Status: in_force

A. Upon petition of five percent but in no case less than twenty-five of the subscribers in an established telephone exchange for an extension or reduction of their local service area to include or exclude a contiguous local exchange or exchanges, or upon resolution of the governing body of a county for a countywide local service area, the Commission shall estimate the approximate change in the monthly rate for service which will result from such extension or reduction. In the case of a governing body resolution for countywide calling, the Commission, prior to estimating the approximate rate change, shall determine which exchanges within the county have a community of interest calling percentage that is fifty percent or greater in at least one direction to at least one other exchange within the county. The Commission shall then undertake to estimate the approximate change in the monthly rate for service that will result from such expanded local calling area for each such exchange. The Commission shall order the affected company or companies to poll those subscribers whose monthly rate for service would change if the proposed changes were adopted. However, polls shall not be required in the exchange or exchanges to which the petitioners desire an extension of local service if (i) any resulting rate increases in any twelve-month period do not, in the aggregate, exceed five percent of the existing monthly one-party residential flat rate service for the affected exchange to which the petitioners desire an extension of local service or (ii) any resulting rate increases in any twelve-month period, in the aggregate, exceed five percent solely due to rate regrouping. No more than one petition for a poll from the same group of subscribers or resolution from the governing body of a county shall be considered by the Commission during any three-year period. For purposes of determining the exchanges that will be polled pursuant to this subsection, "community of interest calling percentage" means the percentage of customers in an exchange that make one or more calls per month to another exchange within the county.

B. If a poll is required pursuant to subsection A and a majority of the subscribers are in favor of the proposed change, or if the Commission determines that a majority of subscribers voting are in favor of the proposed change, the Commission shall order the extension or reduction of their local service area. For the purposes of this section, the number of subscribers in an established telephone exchange shall be deemed to be the number of subscribers in an exchange as of January 1 of the calendar year when the petition is submitted to the Commission. Telephone subscribers shall be given thirty-five days from the day ballots are placed in the U.S. mail to return their survey form. Upon completion of the poll, results shall be duly certified to the Commission.

C. If a poll is not required pursuant to subsection A, the Commission shall require notice to customers in exchanges in which polls are not required and shall convene a hearing on the proposed extension or reduction of the local calling area if the lesser of five percent or 150 of the customers within such exchanges request a hearing. The Commission may convene a hearing under this subsection on its own motion without regard to the number of customers who request a hearing.

D. Where the governing body of a county passes a resolution for a countywide local service area under subsection A and the poll for such service is defeated, the governing body shall reimburse the affected company or companies for the costs of the poll.

E. The Commission shall give the highest priority to petitions or resolutions presented under subsection A that involve exchanges in rural areas.

1976, c. 265; 1978, c. 232; 1985, c. 382; 1990, c. 339; 1993, c. 974; 1994, cc. 180 , 347 ; 1995, c. 466 ; 1996, c. 272 .
Va. Code Ann. § 56-442 — Virginia Code / Title 56 / Chapter 13 / Article 10 / Section 56-442
Repealed
Status: repealed

Repealed by Acts 1980, c. 142.
Va. Code Ann. § 56-621 — Virginia Code / Title 56 / Chapter 29 / Section 56-621
Cost to Commonwealth in connection with inspection and coordination of construction of line to be paid by renewable generator
Status: in_force

The actual costs and expenses of the Commonwealth for the inspection or coordination of the construction or installation of any of the distribution facilities of the renewable generator, under the provisions of this chapter, under any permit of the Commonwealth Transportation Board shall be borne by the renewable generator. The sum of the payment required by this section shall be paid to the Department of Transportation within 30 days from the receipt of a progress or final bill from the Department of Transportation.

2009, c. 807 , § 67-1107; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 56-596.7 — Virginia Code / Title 56 / Chapter 23 / Section 56-596.7
Electric demand flexibility programs; high energy demand customers; reporting requirements
Status: in_force

A. As used in this section:

"Capacity reduction credit" means a measured and verified standard unit of demand flexibility as approved by the Commission pursuant to this section.

"Cooperative" means a utility consumer services cooperative organized under Article 1 (§ 56.231.15 et seq.) of Chapter 9.1.

"Demand flexibility" means lowering electric grid system load requirements or shifting such requirements from time periods of peak system demand to time periods of lower system demand, including through programs by which high energy demand customers temporarily reduce or interrupt their electricity usage or through programs by which high energy demand customers secure measurable and verifiable electric load reductions from other retail electric service customers during time periods of peak system demand or other events that cause strain on the electric grid in the Commonwealth.

"High energy demand customer" means a retail electric service customer that has a contracted or measured electric demand of 25 megawatts or greater and an anticipated or measured average annual electric load factor of 75 percent or greater and that is not a contracted defense facility as defined in subsection D of § 18.2-121.3 .

"Phase I Utility" and "Phase II Utility" have the same meanings as defined in subdivision A 1 of § 56-585.1 .

B. 1. By January 15, 2027, each Phase I and Phase II Utility shall file a petition with the Commission for approval of a voluntary demand flexibility program that applies to high energy demand customers in the respective service territory of each such utility and that is designed to reasonably maximize electric grid system savings and improve reliability for retail electric service customers in the respective service territory of each such utility. The Commission shall issue a final order on such petitions no later than November 30, 2027. For each demand flexibility program established under this subsection, the Commission shall determine an appropriate demand flexibility standard, which each utility shall, working with its high energy demand customers, make best, reasonable efforts to meet or exceed annually. The Commission may establish separate standards for high energy demand customers beginning service before and after July 1, 2026. In reviewing such petitions, the Commission shall consider relevant provisions of other proceedings related to demand flexibility and may make any necessary modifications to such other proceedings to effectuate the provisions of this section.

2. In approving each such program to be established by a Phase I Utility or Phase II Utility, each utility shall in its petition provide analysis of, and the Commission shall consider, all forms of demand flexibility, including (i) geographical or spatial shifting, (ii) dynamic voltage and frequency scaling, (iii) the use of energy storage resources, and (iv) methods by which high energy demand customers may be eligible to participate without directly curtailing their own electricity use, such as by funding, supporting, or purchasing capacity reduction credits from other retail electric service customers. Subject to Commission approval, such petitions shall, as applicable, propose how capacity reduction credits could be achieved through collaboration with jurisdictional customers, non-jurisdictional customers, incumbent utilities, or third-party providers to deploy weatherization efforts, grid enhancing technologies, energy efficiency upgrades, conversions from electric resistance heat to electric heat pumps, demand response programs, customer-sited energy storage resources, virtual power plants, or other efforts the Commission deems appropriate to achieve the goals of reducing total peak system demand, provided that such efforts produce measured and verifiable results. In evaluating such petitions, the Commission shall determine the method for the measurement and verification standard for the capacity reduction credit. In approving each such program, the Commission shall also (i) identify, to the extent practicable, time periods of anticipated peak system demand; (ii) seek to minimize emissions and environmental and public health impacts; (iii) provide that carbon-emitting generating resources will be ineligible for participation in the demand flexibility program; (iv) consider the extent to which localized solutions may help advance the purposes of this subsection; and (v) to the extent necessary, establish any standards for measuring and verifying savings achieved under this section.

C. 1. By January 1, 2029, each cooperative that serves one or more high energy demand customers shall establish a voluntary demand flexibility program that applies to high energy demand customers in the respective service territory of each such cooperative and that is designed to maximize electric grid system savings and improve reliability for retail electric service customers in the respective service territory of each such cooperative. For each demand flexibility program established under this subsection, the cooperative shall, subject to Commission approval consistent with this subsection, propose an appropriate demand flexibility standard that each cooperative with an approved program shall make best, reasonable efforts to meet. Such proposal may include separate standards for high energy demand customers beginning service before and after July 1, 2026.

2. To assist in developing such programs, each cooperative that serves one or more high energy demand customers shall convene a technical work group, or one or more consolidated technical work groups, and shall invite organizations and experts to represent the interests of high energy demand customers, other cooperative customers, and the environment. The work group shall (i) gather information and develop program proposals; (ii) consider all forms of demand flexibility, including geographic or spatial shifting, dynamic voltage and frequency scaling, the use of energy storage resources, and methods by which customers with high electric demand may be eligible to participate without directly curtailing their electricity use, such as by funding, supporting, or purchasing capacity reduction credits from other retail electric service customers; and (iii) consider whether any existing programs, rates, or tariffs offered by such cooperative, or offered by any generation and transmission cooperative to which such cooperative belongs, satisfy the provisions of this section. The work group shall evaluate ways system savings may be derived from such programs, including through weatherization efforts, grid enhancing technologies, energy efficiency upgrades, electric resistance heat to electric heat pump conversion, demand response programs, customer-sited energy storage resources, virtual power plants, or other efforts the work group deems appropriate to achieve the goals of reducing total peak system demand, provided that such efforts produce measurable and verifiable results. Any proposals recommended by the work group shall (a) identify time periods of peak system demand; (b) seek to minimize emissions and environmental and public health impacts; (c) prohibit a high energy demand customer from meeting demand flexibility standards using carbon-emitting generation resources; and (d) to the extent necessary, establish any standards for measuring and verifying system savings achieved under this section. The work group shall submit a report of its findings and recommendations to the Commission no later than September 30, 2027, after which the Commission shall solicit public comment on the report. If, after full consideration of the record, including public comment, the Commission finds that the report and recommendations satisfy the provisions of this section, the Commission shall issue an order to such effect without conducting any additional proceedings. If the Commission finds that the report and recommendations do not satisfy the provisions of this section, the Commission may order supplemental proceedings as it deems appropriate. Notwithstanding any other provision of law, upon receiving a finding of sufficiency from the Commission, a cooperative that serves one or more high energy demand customers shall propose, establish, and implement one or more demand flexibility programs. Such proposal and the establishment and implementation of such programs shall be without additional Commission approval upon an affirmative resolution of the board of directors of the cooperative and without requiring any other filing than as required under this subsection.

D. If a demand flexibility program established under this section includes incentives for participation by high energy demand customers, the Commission or cooperative shall design such incentives to encourage participation by high energy demand customers without unreasonably shifting or imposing any costs of program participation or administration onto other retail electric service customers of the utility. Such incentives may also include open and transparent procedures for accelerated interconnection to service by participating high energy demand customers, to the extent not already established by the Commission in a separate proceeding, provided that such accelerated interconnections do not sacrifice the reliability of the electric grid system. Any such incentives shall be contingent upon the measurement and verification of a participating high energy demand customer's reductions in peak demand or electric load reductions secured from other retail electric service customers.

E. Three years after the initial program approval and every three years thereafter, each Phase I and Phase II Utility with a demand flexibility program established under this section shall file a status report on such program with the Commission. Such report shall detail the program's performance and include any proposed changes or other recommendations to improve the program's implementation consistent with the provisions of this section. The Commission shall have the discretion to determine what, if any, other proceedings are necessitated by the status report.

F. By September 1, 2028, and annually thereafter, as part of the report required under subsection B of § 56-596 , the Commission shall submit information summarizing the status and performance of any programs established under this section.

2026, cc. 377 , 378 .
Va. Code Ann. § 56-585.1:13 — Virginia Code / Title 56 / Chapter 23 / Section 56-585.1:13
Recovery of costs associated with investment in transportation electrification
Status: in_force

Beginning July 1, 2021, any approved costs of any investor-owned electric utility associated with investment in transportation electrification, other than those costs approved prior to July 1, 2021, shall be recovered only through the utility's rates for generation and distribution, shall not be recovered through a rate adjustment clause pursuant to subdivision A 6 of § 56-585.1 , and shall not be eligible for a customer credit reinvestment offset pursuant to subdivision A 8 d of § 56-585.1 . To the extent that the provisions of this section are inconsistent with the provisions of § 56-585.1 , the provisions of this section shall control.

2021, Sp. Sess. I, c. 268 .
Va. Code Ann. § 56-550 — Virginia Code / Title 56 / Chapter 20 / Section 56-550
Police powers; violations of law
Status: in_force

A. The roadways and highways constructed or operated under this chapter may be policed in whole or in part by officers of the Department of State Police, even though all or some portion of any such projects lie within the corporate limits of a municipality or other political subdivision, and just as if the roadway and highway were a part of the state highway system. The operator and the Department of State Police shall agree upon reasonable terms and conditions pursuant to which the activities contemplated in this section may take place. Such officers shall be under the exclusive control and direction of the Superintendent of State Police and shall be responsible for the preservation of public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, and enforcement of the laws of the Commonwealth, within the limits of any highway and roadway. All other police officers of the Commonwealth and of each county, city, town or other political subdivision of the Commonwealth through which any roadway, or portion thereof, extends shall have the same powers and jurisdiction within the limits of such roadways and highways as they have beyond such limits and shall have access to the highway and roadway at any time for the purpose of exercising such powers and jurisdiction. This authority does not extend to the private offices, buildings, garages and other improvements of the operator to any greater degree than the police power extends to any other private buildings and improvements.

B. The traffic and motor vehicle laws of the Commonwealth shall apply to persons and motor vehicles on the roadway or highway, as shall Chapter 8 (§ 33.2-800 et seq.) of Title 33.2, and the powers of arrest of police officers shall be the same as those applying to conduct on the state highway system. Punishment for offenses shall be as prescribed by law for conduct occurring on the state highway system.

1988, c. 649.
Va. Code Ann. § 56-585.1:10 — Virginia Code / Title 56 / Chapter 23 / Section 56-585.1:10
Program for electric infrastructure serving business parks
Status: in_force

The Virginia Economic Development Partnership shall conduct a program with each Phase I and Phase II Utility, as those terms are defined in subsection A of § 56-585 , in each such utility's service territory or transmission zone for the purpose of promoting economic development in areas of the Commonwealth. The program shall allow any such utility to complete the construction phase of a transmission line and any associated substation and other associated facilities to provide electric transmission and distribution infrastructure to a business park, as defined in § 56-576 , located within the utility's transmission zone where investments by a locality or an industrial development authority or a similar political subdivision of the Commonwealth created pursuant to § 15.2-4903 or other act of the General Assembly in the siting, environmental review, pre-engineering design, and transmission right-of-way acquisition have been made prior to the public announcement of a prospective occupant of the business park. Each program shall be subject to the following terms, conditions, and restrictions:

1. The costs incurred by a Phase I or Phase II Utility after January 1, 2019, to construct, operate, and maintain the business park electric infrastructure in order to provide service to a business park participating in the program outlined by this section shall be recovered by the utility pursuant to a rate adjustment clause approved by the Commission in subdivision A 4 of § 56-585.1 .

2. Each individual qualifying project shall be less than 10 miles in length.

3. The role of the Virginia Economic Development Partnership in conducting the program outlined by this section is to certify that up to two petitions per year for each Phase I and Phase II utility address the eligibility criteria for participation in the program set forth in § 56-576 and in this section.

4. For construction of business park electric infrastructure, a utility shall either (i) obtain a certificate from the Commission pursuant to subdivision A 1 of § 56-265.2 , unless such infrastructure is an ordinary extension or improvement in the usual course of business or (ii) obtain approval pursuant to the requirements of § 15.2-2232 and any applicable zoning ordinances by the locality or localities in which the business park electric infrastructure will be located. If the utility seeks a certificate pursuant to subdivision A 1 of § 56-265.2 , the Commission shall issue its decision on the expedited certificate application no later than six months from the date of filing. The need for any business park electric infrastructure shall be satisfied if the business park to be served is approved for the program by the Virginia Economic Development Partnership.

2019, c. 535 ; 2022, c. 216 ; 2023, cc. 704 , 705 .
Va. Code Ann. § 56-480 — Virginia Code / Title 56 / Chapter 15 / Article 3 / Section 56-480
Rates, etc., on file with Commission not to be questioned in courts; revision; proof
Status: in_force

The reasonableness, justice and validity of any rate, charge, rule, regulation or requirement on file with the Commission for any telephone company shall not be questioned in any suit brought by any person in the courts of this Commonwealth against any such telephone company, wherein is involved the charges of such company for the transmission of messages, or the efficiency of the public service and in all the courts of this Commonwealth they shall be conclusively presumed to be reasonable, just and valid.

All such schedules, rules, regulations and requirements shall be received and held in all such suits as prima facie the schedules, rules, regulations and requirements of the Commission without further proof than the production of the schedules desired to be used as evidence, with a certificate of the clerk of the Commission that the same is a true copy of the schedule, rule, regulation or requirement on file with the Commission and so offered in evidence.

Code 1919, § 4056; 1973, c. 378.
Va. Code Ann. § 56-129.1 — Virginia Code / Title 56 / Chapter 6 / Article 5 / Section 56-129.1
Participation in the Federal Railroad Administration Safety and Inspection Program
Status: in_force

The State Corporation Commission shall have the authority to participate in carrying out safety inspection activities in connection with any rule, regulation, order, or standard prescribed by the Secretary of Transportation of the United States under the authority of the Federal Railroad Safety Act (49 U.S.C. § 20101 et seq.) as delegated to the Commonwealth by the Federal Railroad Administration, provided that the Commission shall comply with all the requirements imposed by the United States Code. The Commission shall employ such expert, professional or other assistance as is necessary to carry out the activities authorized by this section. Safety inspectors shall attain the Federal Railroad Administration qualifications necessary to qualify the Commonwealth for federal funds. A maximum of $200,000 paid to the State Corporation Commission under §§ 58.1-2660 through 58.1-2662 shall be allocated to this program.

The Commission shall have the authority to adopt such rules in conformance with the Federal Railroad Safety Act that are necessary for the promulgation of railroad safety within the Commonwealth.

1981, c. 363; 1987, c. 145; 1996, cc. 114 , 157 .
Va. Code Ann. § 56-478 — Virginia Code / Title 56 / Chapter 15 / Article 3 / Section 56-478
Repealed
Status: repealed

Repealed by Acts 1973, c. 376.
Va. Code Ann. § 56-508.8 — Virginia Code / Title 56 / Chapter 16.2 / Section 56-508.8
Repealed
Status: repealed

Repealed by Acts 1995, c. 281 .
Va. Code Ann. § 56-367 — Virginia Code / Title 56 / Chapter 13 / Article 3 / Section 56-367
Repealed
Status: repealed

Repealed by Acts 1952, c. 398.
Va. Code Ann. § 56-17 — Virginia Code / Title 56 / Chapter 1 / Article 4 / Section 56-17
Right of one public service corporation to cross the works of another; cost
Status: in_force

If any public service corporation deems it necessary in the construction of its works to cross the works of any other public service corporation, or if any renewable generator as defined in § 56-614 deems it necessary to cross the works of a public service corporation in the construction of distribution facilities that are required to (i) connect a renewable energy facility that generates electricity to the electric distribution grid, (ii) distribute steam generated at a renewable energy facility, or (iii) distribute landfill gas, it may do so; provided such crossing shall be so located, constructed, and operated as not to impair, impede, or obstruct, in any material degree, the works and operations of the railroad, canal, turnpike, or other works to be crossed; and provided such crossing shall be supported by such permanent and proper structures and fixtures, and shall be controlled by such customary and approved appliances, methods, and regulations as will best secure the safe passage and transportation of persons and property along such crossing, and will not be injurious to the works of the company to be crossed. The cost of such crossings, their appliances and apparatus, and of the repair and operation of the same, shall be borne by the party desiring to make the crossing.

Code 1919, § 3884; 2009, c. 807 .
Va. Code Ann. § 56-231.28 — Virginia Code / Title 56 / Chapter 9.1 / Article 1 / Section 56-231.28
Board of directors of cooperatives
Status: in_force

Each cooperative shall have a board of directors of five or more members, which board shall constitute the governing body of the cooperative. Only members and the officers, directors or employees of any member shall be eligible for election to the board of directors. The directors, other than those named in the articles of incorporation, shall be elected annually by the members entitled to vote, unless the bylaws provide that, in lieu of electing the whole number of directors annually, the directors shall be divided into two, three or four classes at the first or any subsequent annual meeting. If the bylaws so provide, each class shall be as nearly equal in number as possible, with the term of office of one class to expire every year. If the number of classes changes, then the board of directors shall have authority to determine how directors will be allocated among the new number of classes, provided that no director's term will exceed, without reelection, a number of years equal to the number of classes of directors. The board of directors shall have authority to fix the compensation of directors. The directors shall elect annually from their own number a president of the board or a chairman of the board; and one or more vice-presidents of the board, vice-chairmen of the board or both. They may also elect or appoint annually (i) a president of the cooperative, (ii) one or more vice-presidents of the cooperative, (iii) a secretary, (iv) a treasurer, and (v) such other officers as the board deems necessary. No person shall hold any office unless that person is a director or employee of the cooperative. The offices of secretary and treasurer may be held by the same person.

1999, c. 874 ; 2000, cc. 944 , 999 .
Va. Code Ann. § 56-406.1 — Virginia Code / Title 56 / Chapter 13 / Article 6 / Section 56-406.1
Proceedings for installation and maintenance of automatically operated gates, signals and other automatic crossing warning devices
Status: in_force

Railroads shall cooperate with the Virginia Department of Transportation and the Department of Rail and Public Transportation in furnishing information and technical assistance to enable the Commonwealth to develop plans and project priorities for the elimination of hazardous conditions at any crossing of a public highway which crosses at grade including, but not limited to, grade crossing elimination, reconstruction of existing grade crossings, and grade crossing improvements. The Commonwealth shall provide each locality a listing of grade crossing safety needs for its consideration. Information collected and analyses undertaken by the designated state agencies are subject to 23 U.S.C. § 409. A railroad shall not unilaterally select or determine the type of grade crossing warning system to be installed at any crossing of a public highway and railroad at grade. The railroad shall only install or upgrade a grade crossing warning system at any crossing of a public highway and railroad at grade pursuant to an agreement with the Virginia Department of Transportation or representative of the appropriate public road authority authorized to enter into such agreements. A railroad is not required but is permitted to upgrade, at its own expense, components of any public highway at grade warning system when such upgrade is incidental to a railroad improvement project relating to track, structures or train control systems.

When required by the Commissioner of Highways or representative of the appropriate public road authority, every railroad company shall cause a grade crossing warning device including flashing lights approved by the Department of Transportation at such heights as to be easily seen by travelers, and not obstructing travel, to be placed, and maintained at each public highway at or near each place where it is crossed by the railroad at the same level. Such warning device shall be automatically activated by the approaching train so as to be clearly discernible to travelers approaching the railroad crossing from each direction at a distance of two-hundred feet. Such warning devices shall be erected at the initiative of the appropriate public road authority only when required by ordinance or resolution adopted by the Commissioner or the appropriate public road authority thereof stating that such political subdivision will pay the full initial installation cost of such warning devices and that maintenance costs will be fixed as provided in § 56-406.2 . A certified copy of such ordinance or resolution shall be delivered to such railroad company, and such railroad company shall forthwith install such warning devices at the full initial cost of such public road authority. The cost of such installation and maintenance of such warning devices may be shared by agreement between such railroad company and the Commissioner of Highways or the appropriate public road authority, when initiating such installation. The railroad shall be responsible for the continuing maintenance of the warning devices.

In the event that such Commissioner or representative of the appropriate public road authority and the railroad company or companies involved are unable to agree on (i) the necessity for such grade crossing warning device, or (ii) the plans and specifications for and the method and manner of construction or operation thereof, or (iii) the share of the cost of construction, if any, to be borne by the railroad company or companies involved, then the Commissioner of Highways or representative of the appropriate public road authority, as the case may be, shall petition the State Corporation Commission setting forth the grade crossing warning devices desired and the plans and specifications for and the method and manner of construction and operation of the devices desired and the facts which, in the opinion of the petitioner, justify the requiring of the same. Copies of the petition and plans and specifications shall be forthwith served by the State Corporation Commission on the railroad company or companies involved. Within twenty days after service on it of such petition and plans and specifications, each such railroad company shall file an answer with the State Corporation Commission setting out its objections to the proposed project, and the Commission shall hear and determine the matter as other matters are heard and determined by that body. The Commission shall consider all the facts and circumstances surrounding the case and shall determine (a) whether public necessity justifies or requires the proposed warning devices, (b) whether the plans and specifications or the method and manner of construction and operation be proper and appropriate, and (c) what share of the cost of the project, if any, to be borne by any railroad company involved is fair and reasonable, having regard to the benefits, if any, accruing to such railroad company from providing such grade crossing warning devices, and either dismiss the proceeding as against such railroad company or enter an order deciding and disposing of all of the matters hereinbefore submitted to its jurisdiction.

1952, c. 400; 1954, c. 122; 1962, c. 527; 1996, cc. 114 , 157 .
Va. Code Ann. § 56-273 — Virginia Code / Title 56 / Chapter 12 / Section 56-273
Repealed
Status: repealed

Repealed by Acts 1995, cc. 744 and 803 .
Va. Code Ann. § 56-236.1 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-236.1
Rates to be charged churches
Status: in_force

No electric utility, subject to regulation by the Commission, shall charge a church for its services by any method other than actual kilowatt hour consumption; nor shall any such electric utility charge a church for its electrical service at a rate in excess of the applicable residential rate for the area in which it is located. As used in this section, "church" shall be limited to the synagogue or church building in which the sanctuary or principal place of worship is located and to all educational buildings which are physically attached by enclosed corridors or hallways to the building in which the sanctuary or principal place of worship is located.

Notwithstanding the requirements of the first sentence of this section, the Commission may, after a hearing upon application by an electric utility, set a rate for churches in excess of the applicable residential rate if the utility proves that the cost of service for churches exceeds the cost of service for those other customers under the residential rate. In setting such a rate, the Commission shall consider the special use characteristics of churches, such as the amount of electricity utilized during off-peak power periods for the utility. The provisions of this section shall not apply to churches which are served by an electric utility having a time of usage rate approved by the Commission and which have elected to be on such time of usage rate.

1978, c. 531; 1980, c. 259.
Va. Code Ann. § 56-468.2 — Virginia Code / Title 56 / Chapter 15 / Article 1 / Section 56-468.2
Reimbursement for relocation costs
Status: in_force

A. After July 1, 1998, certificated providers of telecommunications services shall receive reimbursement for eligible relocation costs incurred at the direction of a locality that imposes by ordinance the Public Rights-of-Way Use Fee or the Department of Transportation for new installations as defined in § 56-468.1 in any public rights-of-way in accordance with §§ 56-458 and 56-462 on the basis of age and according to the following schedule. Such reimbursement shall be received from either (i) the locality that granted the permit or franchise to use such right-of-way or (ii) the Commonwealth Transportation Board if the road or street is in the primary or secondary state highway system:

1. For the first three years after the completion of the installation, the certificated provider of telecommunications service shall be reimbursed 100 percent of the eligible cost for the relocation of facilities installed in the public rights-of-way.

2. For the fourth through sixth year after the completion of the installation, the certificated provider of telecommunications service shall be reimbursed 50 percent of the eligible cost for the relocation of facilities installed in the public rights-of-way.

3. Beginning in the seventh year, the certificated provider of telecommunications service shall be responsible for the cost of relocating facilities installed in the public rights-of-way.

Such reimbursement shall be received from either (i) the locality that granted the permit or franchise to use such right-of-way or (ii) the Commonwealth Transportation Board if the road or street is in the primary or secondary state highway system.

B. The amount of relocation reimbursement in any fiscal year to be reimbursed under this section shall not exceed the amount of Public Rights-of-Way Use Fees received by that locality either directly or through its secondary highway fund apportionment in the preceding fiscal year. For facilities relocated in 1998 and 1999 at the direction of the locality or the Commonwealth Transportation Board, this limit on relocation reimbursement shall be the estimated annualized fees to be collected in that locality in 1998 for 1998 relocations and in 1999 for 1999 relocations. If the relocation reimbursement limit will be exhausted on a relocation project where two or more certificated providers of telecommunications service are eligible for relocation reimbursement, then the moneys available under the cap shall be shared by those eligible providers by prorating the reimbursement based on the reimbursement to which each provider would be entitled absent the limit.

1998, cc. 742 , 758 ; 2015, c. 256 .
Va. Code Ann. § 56-231.36 — Virginia Code / Title 56 / Chapter 9.1 / Article 1 / Section 56-231.36
Construction of article; conflicting laws
Status: in_force

This article is to be liberally construed and the enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things, and any provisions of other laws in conflict with the provisions of this article shall not apply to cooperatives operating hereunder. Any object, purpose, power, manner, method or thing which is not specifically prohibited is permitted.

1999, c. 874 .
Va. Code Ann. § 56-265.4:5 — Virginia Code / Title 56 / Chapter 10.1 / Section 56-265.4:5
Furnishing gas service to commercial and industrial customers in an area not certificated for public utility gas service
Status: in_force

A. Any company desiring to make an exempt sale, transmission or service under subdivision (b) (4) of § 56-265.1 shall notify the Commission of its plans for furnishing such gas service. The Commission shall make a determination of whether the customers' facilities are located within a territory for which a certificate has been granted, or, as of the time of the Commission's receipt of the notice provided hereunder, within any area, territory, or jurisdiction served by a municipal corporation that provided gas distribution service as of January 1, 1992, and shall prohibit the furnishing of gas service to any facility so located. The Commission shall provide notice of such plans to furnish gas service to all public utilities providing gas service in the Commonwealth. Within sixty days of such notice, any public utility so notified may make application to the Commission to provide such service. If an application is filed, the Commission shall determine, after a public hearing, which company shall furnish the gas service.

B. In the event a gas utility is issued a certificate to serve the area where customers to whom service is being provided pursuant to this section are located, the gas utility shall have the right, subject to existing contracts regarding gas service to such customers and to the gas utility's effective transportation tariff, to acquire any facilities installed to serve such customers, at a price to be mutually agreed upon, or if not so agreed, at a price to be determined by the Commission.

1990, c. 488; 1992, c. 476.
Va. Code Ann. § 56-412 — Virginia Code / Title 56 / Chapter 13 / Article 6 / Section 56-412
When trains shall be stopped before getting to railroad crossing
Status: in_force

Whenever railroads cross each other on the same grade in this Commonwealth, the trains shall be brought to a full stop at least fifty feet before getting to the crossing.

The provisions of this section shall not be applicable where the crossings of such roads are regulated by derailing switches, or other safety appliances, which prevent collision at crossings, nor where a flagman or watchman is stationed, or signal tower is located, and signals that the trains may cross in safety.

Code 1919, § 3987.
Va. Code Ann. § 56-575.8 — Virginia Code / Title 56 / Chapter 22.1 / Section 56-575.8
Powers and duties of the private entity
Status: in_force

A. The private entity shall have all power allowed by law generally to a private entity having the same form of organization as the private entity and shall have the power to develop or operate the qualifying project and collect lease payments, impose user fees or enter into service contracts in connection with the use thereof.

B. The private entity may own, lease or acquire any other right to use or operate the qualifying project.

C. Any financing of the qualifying project may be in such amounts and upon such terms and conditions as may be determined by the private entity. Without limiting the generality of the foregoing, the private entity may issue debt, equity or other securities or obligations, enter into sale and leaseback transactions and secure any financing with a pledge of, security interest in, or lien on, any or all of its property, including all of its property interests in the qualifying project.

D. In operating the qualifying project, the private entity may:

1. Make classifications according to reasonable categories for assessment of user fees; and

2. With the consent of the responsible public entity, make and enforce reasonable rules to the same extent that the responsible public entity may make and enforce rules with respect to similar facilities.

E. The private entity shall:

1. Develop or operate the qualifying project in a manner that is acceptable to the responsible public entity, all in accordance with the provisions of the interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1 ;

2. Keep the qualifying project open for use by the members of the public at all times, or as appropriate based upon the use of the facility, after its initial opening upon payment of the applicable user fees, lease payments, or service payments; provided that the qualifying project may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance activities. In the event that a qualifying project is technology infrastructure, access may be limited as determined by the conditions of the interim or comprehensive agreement;

3. Maintain, or provide by contract for the maintenance or upgrade of the qualifying project, if required by the interim or comprehensive agreement;

4. Cooperate with the responsible public entity in making best efforts to establish any interconnection with the qualifying project requested by the responsible public entity; and

5. Comply with the provisions of the interim or comprehensive agreement and any lease or service contract.

F. Nothing shall prohibit an private entity of a qualifying project from providing additional services for the qualifying project to public or private entities other than the responsible public entity so long as the provision of additional service does not impair the private entity's ability to meet its commitments to the responsible public entity pursuant to the interim or comprehensive agreement as provided for in § 56-575.9 or 56-575.9:1 .

2002, c. 571 ; 2003, c. 1034 ; 2005, c. 865 .
Va. Code Ann. § 56-85 — Virginia Code / Title 56 / Chapter 4 / Section 56-85
Offenses
Status: in_force

Every public service company (1) entering into, participating in or acting under any contract or arrangement, required by this chapter to be approved by the Commission, before obtaining such approval, or (2) making any loan, extension or renewal thereof, or assuming any obligation or liability, or extension or renewal of any such obligation or liability, required by this chapter to be approved by the Commission, before obtaining such approval, or (3) making any declaration or payment of any dividends after entry of a summary order, either temporary or permanent, prohibiting such declaration or payment in accordance with the provisions of this chapter, or (4) otherwise violating any provision of this chapter, or of any valid order of the Commission entered in pursuance thereof, shall be subject to a fine, to be imposed in a proceeding before the Commission instituted for the purpose of determining whether there is any liability hereunder, of not less than $10 and not in excess of $500, together with the costs of the proceeding as adjudged by the Commission and as taxed by the clerk of the Commission according to law; and every day of any such violation which, in its nature, is continuing, may be deemed a separate offense.

Every public service company and every affiliated interest participating in any contract, arrangement, loan, or assumption, declaration or payment of dividends, or doing any other act, in violation of this chapter, or in violation of any valid order of the Commission hereunder, and every officer, director, or employee of any such public service company or of any such affiliated interest, knowingly authorizing, directing, aiding in or executing or causing to be executed, any such contract or arrangement, loan or assumption, declaration or payment of dividends, in violation of this chapter, or in violation of any valid order of the Commission hereunder, shall be guilty of a misdemeanor, and such liability for a misdemeanor shall be in addition and cumulative to any liability for the imposition of a fine or penalty as hereinbefore provided in this section.

1938, p. 22; Michie Code 1942, § 3774i3.
Va. Code Ann. § 56-26 — Virginia Code / Title 56 / Chapter 1 / Article 4 / Section 56-26
Cost of crossing
Status: in_force

The cost of any such crossing, its appliances and apparatus, and of the repair and operation of the same, shall be borne by the railroad, canal, or other public service corporation desiring or required to make the crossing.

Code 1919, § 3885; 1920, p. 412.
Va. Code Ann. § 56-536 — Virginia Code / Title 56 / Chapter 20 / Section 56-536
Definitions
Status: in_force

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

"Board" means the Commonwealth Transportation Board.

"Certificate" means the certificate of authority awarded pursuant to this chapter which allows operation of a roadway.

"Commission" means the State Corporation Commission.

"Department" means the Virginia Department of Transportation.

"Highway" means the entire width between the boundary lines of every way or place of whatever nature open to the use of the public under the provisions of this chapter for purposes of vehicular travel in this Commonwealth.

"Operation" means all functions and pursuits of the operator of any roadway under this chapter which are directly or indirectly related to acquisition, approval, construction, enlargement, maintenance, patrolling, toll collections, or connections of the roadway or highway with any other highway or with any street, road or alley. This term shall also include, without limitation, management and administrative functions attendant to actual physical operation of the roadway and management of the affairs of the operator.

"Operator" means the person who submits to the Commission an application for authority to construct, operate or enlarge a roadway, and which, after issuance of a certificate of authority, is responsible for operation of any roadway under the provisions of this chapter.

"Person" includes any natural person, corporation, partnership, joint venture, and any other business entity; however, "person" shall not include the state or any local government or agency thereof, or any municipal corporation or other corporate body.

"Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or unpaved areas. "Roadway," as used in this chapter, shall include only privately owned or operated highways for use of which a toll or similar single-use charge is imposed.

"Toll" means the fee charged by the operator for a single use of all or a portion of the roadway.

1988, c. 649; 1991, c. 272.
Va. Code Ann. § 56-65 — Virginia Code / Title 56 / Chapter 3 / Section 56-65
Exceptions as to issue of stock, etc., in treasury, etc
Status: in_force

The provisions of this chapter shall not apply to the sale or other disposition of any stock or stock certificate or other evidence of interest or ownership, or bond, note or other evidence of indebtedness, which may be held in the treasury of a public service company if title thereto, or possession by pledge thereof, shall have at some previous time once lawfully passed from such public utility company, nor to the issuance of bonds, notes or other evidences of indebtedness, payable at a period of less than twelve months, nor to the pledging or replacing of stocks, trust certificates, bonds, or other evidences of indebtedness to secure such bonds, notes, or evidences of indebtedness, payable at periods of less than twelve months; but if such bonds, notes, or other evidences of indebtedness shall, in whole or in part, directly or indirectly, be refunded by any issue of bonds, notes, or other evidences of indebtedness running for twelve months or more then the aforesaid mentioned provisions with regard to certificates of public convenience and applications therefor shall apply to such refunding.

1934, p. 224; Michie Code 1942, § 4073(7).
Va. Code Ann. § 56-484.18:4 — Virginia Code / Title 56 / Chapter 15 / Article 7.1 / Section 56-484.18:4
Joinder of new locality; withdrawal from authority
Status: in_force

Any locality may become a member of any existing authority, and any locality that is a member of an existing authority may withdraw therefrom, but no locality shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority.

The governing body of any locality wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance. The governing body of any locality wishing to become a member of an existing authority and the governing bodies of the localities that are currently members of the authority shall, by concurrent resolutions or ordinances or by agreement, provide for the joinder of such localities and specify the number and term of office of members of the expanded authority to be appointed by each of the participating localities, together with the name, address, and term of office of initial appointments to membership.

2026, c. 730 .
Va. Code Ann. § 56-59 — Virginia Code / Title 56 / Chapter 3 / Section 56-59
Order required before acting as surety, guarantor, etc
Status: in_force

No public service company shall henceforth assume any obligation or liability as guarantor, endorser, surety or otherwise in respect to the securities of any other person, firm, association or corporation, when such securities are payable at periods of twelve months or more after the date thereof, without having first secured from the Commission an order authorizing it so to do.

1934, p. 222; Michie Code 1942, § 4073(4).
Va. Code Ann. § 56-446.1 — Virginia Code / Title 56 / Chapter 13 / Article 11 / Section 56-446.1
Limitations on passenger rail transportation liability
Status: in_force

A. As used in this section, unless the context requires otherwise:

"Authority" means a political subdivision of the Commonwealth that is comprised of two transportation commissions of the Commonwealth collectively engaged in providing, directly or indirectly, passenger rail transportation services to the general public.

"Claim" means a claim, action, suit, or request for damages, whether compensatory, punitive, or otherwise, made by or on behalf of any rail passenger arising out of the provision of passenger rail services against an authority or a railroad, against a member of an authority's governing body, or against a director, officer, employee, affiliate engaged in railroad operations, or agent of an authority or a railroad, for property damage, personal injury, bodily injury, or death.

"Passenger rail services" means the transportation of rail passengers by or on behalf of an authority, and all related services performed by a railroad or an authority, including services performed by a railroad on behalf of an authority, pursuant to a contract with the authority arising from or in connection with the transportation of rail passengers.

"Railroad" means a railroad company or railroad corporation that has entered into any contracts or operating agreements of any kind with an authority for the provision of passenger rail services.

B. An authority may contract with any railroad to allocate financial responsibility for claims against the railroad or the authority arising from or in connection with any incident or accident of any kind related to the provision of passenger rail services, which may include but not be limited to executing indemnity agreements, notwithstanding any other statutory, common law, public policy, or other prohibition against same, and regardless of the nature of the claim or the conduct giving rise to such claim.

C. The aggregate liability of the authority and any applicable railroad, including the authority or railroad's governing board, directors, officers, employees, affiliates engaged in railroad operations, or an agent of an authority, for all claims of rail passengers arising from a single incident or accident of any kind involving passenger rail services or incidental services related thereto for property damage, personal injury, bodily injury, and death shall be limited to $250 million per single incident or accident.

D. This section shall not affect the damages that may be recovered under the Federal Employers' Liability Act of 1908 (45 U.S.C. § 51 et seq.), as amended.

E. This section shall not affect the damages that may be recovered for a claim if it can be shown that the accident or injury occurred as a result of willful and wanton conduct, felonious criminal conduct, or gross negligence on the part of the railroad.

F. The limitation on aggregate liability provided in this section shall be modified each year, beginning in January, 2011, and continuing each January thereafter, by adjusting the amount of the limitation by a percentage equal to the percentage change in the medical care component of the Consumer Price Index, as published by the Bureau of Labor Statistics, over that component published for the previous December.

G. The Virginia Division of Risk Management shall be designated to examine the history of claims made and amounts recovered against the Virginia Railway Express arising from or in connection with the provision of passenger rail service in the Commonwealth, and to provide a complete review of those findings to the General Assembly by November 30, 2010.

2006, cc. 774 , 807 .
Va. Code Ann. § 56-446 — Virginia Code / Title 56 / Chapter 13 / Article 11 / Section 56-446
Information to State Corporation Commission; penalty
Status: in_force

Every railroad company in this Commonwealth shall, at all times, on request, furnish to the State Corporation Commission any information required by it concerning the track and ancillary facilities or operation of the road, or any other report lawfully required by the Commission and particularly copies of all of its timetables upon such road and other roads with which its business is connected. Copies of information provided to federal agencies are acceptable. Any railroad willfully refusing or failing to furnish any such information in compliance with a Commission order or who willfully or unlawfully hinders, delays, or obstructs the Commission in the discharge of the duties imposed upon it by the Constitution, or by law, shall, in the discretion of the Commission, be fined not less than $10 nor more than $1,000. Each day of such refusal, hindrance, delay, or obstruction shall be considered a separate offense. Fine amounts are to be specified in the order.

Code 1919, § 4002; 1996, cc. 114 , 157 .
Va. Code Ann. § 56-265.17:2 — Virginia Code / Title 56 / Chapter 10.3 / Section 56-265.17:2
Procedures for project owners
Status: in_force

The project owner shall provide copies of those portions of the drawings that affect the respective operator with underground utility lines in the project area who have responded in accordance with § 56-265.17:3 .

2002, c. 841 .
Va. Code Ann. § 56-588 — Virginia Code / Title 56 / Chapter 23 / Section 56-588
Licensing of aggregators
Status: in_force

A. As a condition of doing business in the Commonwealth, each person seeking to act as an aggregator within this Commonwealth on and after January 1, 2002, shall obtain a license from the Commission to do so. The license shall authorize that person to act as an aggregator until the license expires or is otherwise terminated, suspended or revoked. Licensing pursuant to this section, however, shall not relieve any person seeking to act as a supplier of electric energy from their obligation to obtain a license as a supplier pursuant to § 56-587 .

B. As a condition of obtaining, retaining and renewing any license issued pursuant to this section, a person shall satisfy such reasonable and nondiscriminatory requirements as may be specified by the Commission, which may include requirements that such person (i) provide background information; (ii) demonstrate, in a manner satisfactory to the Commission, financial responsibility; (iii) post a bond as deemed adequate by the Commission to ensure that financial responsibility; (iv) pay an annual license fee to be determined by the Commission; and (v) pay all taxes and fees lawfully imposed by the Commonwealth or by any municipality or other political subdivision of the Commonwealth. In addition, as a condition of obtaining, retaining and renewing any license pursuant to this section, a person shall satisfy such reasonable and nondiscriminatory requirements as may be specified by the Commission, including, but not limited to, requirements that such person demonstrate technical capabilities as the Commission may deem appropriate. Any license issued by the Commission pursuant to this section may be conditioned upon the licensee, if acting as a supplier, furnishing to the Commission prior to the provision of electricity to consumers proof of adequate access to generation and generation reserves.

C. In establishing aggregator licensing schemes and requirements applicable to the same, the Commission may differentiate between (i) those aggregators representing retail customers only, (ii) those aggregators representing suppliers only, and (iii) those aggregators representing both retail customers and suppliers.

D. 1. The Commission shall establish a reasonable period within which any retail customer may cancel, without penalty or cost, any contract entered into with an aggregator licensed pursuant to this section.

2. The Commission may adopt other rules and regulations governing the requirements for obtaining, retaining, and renewing a license to aggregate electric energy to retail customers, and may, as appropriate, refuse to issue a license to, or suspend, revoke, or refuse to renew the license of, any person that does not meet those requirements.

1999, c. 411 ; 2000, c. 991 .
Va. Code Ann. § 56-541 — Virginia Code / Title 56 / Chapter 20 / Section 56-541
Eminent domain
Status: in_force

The power of eminent domain shall not be exercised by the operator for the purpose of acquiring any lands or estates or interests therein, nor any other property used by the operator for the construction or enlargement of a roadway pursuant to this chapter.

1988, c. 649; 1991, c. 272.
Va. Code Ann. § 56-231.27 — Virginia Code / Title 56 / Chapter 9.1 / Article 1 / Section 56-231.27
Power to purchase its own obligations
Status: in_force

A cooperative may purchase any obligation issued by it.

1999, c. 874 ; 2000, cc. 944 , 999 .
Va. Code Ann. § 56-484.12:1 — Virginia Code / Title 56 / Chapter 15 / Article 7 / Section 56-484.12:1
Repealed
Status: repealed

Repealed by Acts 2018, cc. 532 and 533 , cl. 2.
Va. Code Ann. § 56-478.1 — Virginia Code / Title 56 / Chapter 15 / Article 3 / Section 56-478.1
Repealed
Status: repealed

Repealed by Acts 2011, cc. 738 and 740 , cl. 2.
Va. Code Ann. § 56-484.4 — Virginia Code / Title 56 / Chapter 15 / Article 5 / Section 56-484.4
Repealed
Status: repealed

Repealed by Acts 2006, c. 780 , cl. 2, effective January 1, 2007. For expiration of repeal, see Editor's notes.
Va. Code Ann. § 56-231.17 — Virginia Code / Title 56 / Chapter 9.1 / Article 1 / Section 56-231.17
Articles of incorporation
Status: in_force

A. The articles of incorporation mentioned in § 56-231.16 shall be entitled and endorsed "Articles of Incorporation of the........ Electric Cooperative" or "Articles of Incorporation of the........ Utility Consumer Services Cooperative" (the blank space being filled in with the distinguishing part of the name of the cooperative) and shall state:

1. The name of the cooperative, which name need not contain the word "corporation" or "incorporated" but shall be such as to distinguish it from any other cooperative.

2. To the extent it conducts regulated electric distribution operations, a reasonable designation of the territory in which such operations are principally to be conducted.

3. The location of its principal office and post office address thereof.

4. The maximum number of directors, which shall be not less than five.

5. The names and post office addresses of the directors who are to manage the affairs of the cooperative for the first year of its existence, or until their successors are chosen.

6. The period, if any, limited for the duration of the cooperative.

7. The terms and conditions upon which persons shall be admitted to membership in the cooperative, and in the case of a cooperative incorporating with capital stock, a statement of the maximum and minimum amount of the capital stock of the cooperative and its division into shares.

8. In the case of a cooperative incorporating on or after July 1, 1999, the registered office and registered agent of the cooperative.

B. The articles of incorporation may also contain any provision not inconsistent with law or the provisions of Chapters 9 (§ 13.1-601 et seq.) and 10 (§ 13.1-801 et seq.) of Title 13.1 which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the cooperative; and any provision as to the plan of financial organization, or relating to the internal regulation or government of the cooperative, its directors and members; provided, however, that subsections D through G of § 13.1-620 and subdivision 1 of § 13.1-825 shall not apply to any affiliate or subsidiary of a cooperative.

1999, c. 874 .
Va. Code Ann. § 56-54.7 — Virginia Code / Title 56 / Chapter 2.1 / Section 56-54.7
Service provided to the Commonwealth
Status: in_force

The Commission shall have no jurisdiction or authority over (i) schedules of rates for any telecommunications service provided to the public by virtue of any contract with, (ii) any service provided under or relating to a contract for telecommunications services with, or (iii) contracts for service rendered by any competitive telephone company to, the Commonwealth or any agency thereof.

2014, cc. 340 , 376 .
Va. Code Ann. § 56-554 — Virginia Code / Title 56 / Chapter 21 / Section 56-554
Definitions
Status: in_force

For the purposes of this chapter:

"Hazardous liquid" means "hazardous liquid" and "highly volatile liquid" as defined in 49 C.F.R. § 195.2.

"Person" means an individual, corporation, partnership, association or other business entity or a trustee, receiver, assignee, or personal representative of any of these.

"Pipeline operator" means a person who owns and operates pipeline facilities as defined in 49 C.F.R. § 195.2.

"Interstate pipeline" and "intrastate pipeline" shall have the same meanings as defined in 49 C.F.R. § 195.2.

1994, c. 512 .
Va. Code Ann. § 56-8.1 — Virginia Code / Title 56 / Chapter 1 / Article 1 / Section 56-8.1
Free services to members of General Assembly and others prohibited
Status: in_force

No public service corporation doing business in this Commonwealth shall grant to any member of the General Assembly or to any state, county, district, or municipal officer any free pass, free transportation, or any rebate or reduction in the rates charged by such corporation to the general public. Any public service corporation violating this section and any person receiving any privilege or benefit prohibited by this section shall be guilty of a misdemeanor, and upon conviction thereof, shall each be fined an amount not to exceed $1,000 for each such offense. This section shall not be construed to prevent any public service corporation from granting free transportation, services or free passes to any person including those set forth herein who would by virtue of their employment or service as an officer, director or otherwise be entitled thereto, or to members of any police force or fire department while in the discharge of their official duties.

1971, Ex. Sess., c. 9.
Va. Code Ann. § 56-484.32 — Virginia Code / Title 56 / Chapter 15.1 / Section 56-484.32
Wireless support structure public rights-of-way use fee
Status: in_force

A. Notwithstanding any other provisions of law, there is hereby established an annual wireless support structure public rights-of-way use fee to replace any and all fees of general application, except for permit processing, zoning, subdivision, site plan, and comprehensive plan fees of general application, otherwise chargeable to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department for the construction of new wireless support structures.

B. The amount of the annual wireless support structure public rights-of-way use fee shall be:

1. $1,000 for any wireless support structure at or below 50 feet in height;

2. $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height;

3. $5,000 for any wireless support structure above 120 feet in height; and

4. $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground.

The fee amount specified in this subsection shall be adjusted every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar.

C. No later than June 30 of each year, the wireless services provider or wireless infrastructure provider shall remit directly to the Department any fees owed pursuant to this section. Such fees shall be deposited in the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530 .

D. The Department may elect to continue enforcing any agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider existing prior to July 1, 2018, through and until expiration of the current term of the agreement, contract, license, easement, or permit.

2018, cc. 837 , 848 .
Va. Code Ann. § 56-484.17 — Virginia Code / Title 56 / Chapter 15 / Article 7 / Section 56-484.17
Wireless E-911 Fund; uses of Fund; enforcement; audit required
Status: in_force

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Wireless E-911 Fund (the Fund). The Fund shall be established on the books of the Comptroller. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Except as provided in § 44-146.18:5 , moneys in the Fund shall be used for the purposes stated in subsections C and D. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Tax Commissioner or the State Coordinator of Emergency Management.

B. Each CMRS provider and each CMRS reseller shall collect a monthly wireless E-911 surcharge of $0.82 from each of its customers whose place of primary use is within the Commonwealth. However, no surcharge shall be imposed on federal, state and local government agencies. A payment equal to all wireless E-911 surcharges shall be remitted within 30 days to the Department of Taxation. The Department of Taxation, after subtracting its direct costs of administration, shall deposit all remitted wireless E-911 surcharges into the state treasury. The Comptroller shall as soon as practicable deposit such moneys into the Fund. Each CMRS provider and CMRS reseller may retain an amount equal to three percent of the wireless E-911 surcharges collected to defray the costs of collecting the surcharges. State and local taxes shall not apply to any wireless E-911 surcharge collected from customers. Surcharges collected from customers shall be subject to the provisions of the federal Mobile Telecommunications Sourcing Act (4 U.S.C. § 116 et seq., as amended).

The CMRS provider and CMRS reseller shall collect the surcharge through regular periodic billing.

C. Sixty percent of the Wireless E-911 Fund shall be distributed on a monthly basis to the PSAPs according to each PSAP's average pro rata distribution from the Wireless E-911 Fund for fiscal years 2007-2012, taking into account any funding adjustments made pursuant to subsection E. On or before July 1, 2018, and every five years thereafter, the Department of Taxation shall recalculate the distribution percentage for each PSAP based on the population and call load data of the PSAP for the previous five fiscal years, which data shall continue to be received by the Board and then reported to the Department of Taxation. The distribution from the Wireless E-911 Fund shall be made on a monthly basis to the PSAPs according to such distribution percentage beginning July 1 of such fiscal year.

D. The remaining 40 percent of the Fund shall be distributed to PSAPs or on behalf of PSAPs based on grant requests received by the Board each fiscal year. The Board shall establish criteria for receiving and making grants from the Fund, including procedures for determining the amount of a grant and payment schedule. The Board shall give the highest priority to grants that support the regional or multijurisdictional deployment and sustainment of NG9-1-1, and it shall give secondary priority to grants that support the deployment and sustainment of (i) NG9-1-1 in a single jurisdiction and (ii) in-building repeaters that improve public safety radio coverage within buildings with impaired radio coverage. If requested by an originating service provider, the Board shall execute a contract to reimburse that originating service provider for its costs incurred to deliver 9-1-1 calls to the ESInet points of interconnection. The Board shall ensure that cost is minimized while still achieving necessary 9-1-1 service and ESInet objectives. The Board may retain some or all of this uncommitted funding for an identified 9-1-1 funding need or for a reserve balance pursuant to a reserve balance policy adopted by the Board.

E. After the end of each fiscal year, on a schedule adopted by the Board, the Board shall audit the grant funding received by all recipients to ensure it was utilized in accordance with the grant requirements. Each funding recipient shall provide such verification of such costs as may be requested by the Board. Any overpayment shall be refunded to the Board or credited to payments during the then-current fiscal year, on such schedule as the Board shall determine. If payments are less than the actual costs reported, the Board may include the additional funding in the then-current fiscal year.

F. The Auditor of Public Accounts, or his legally authorized representatives, shall audit the Wireless E-911 Fund as determined necessary by the Auditor of Public Accounts. The cost of such audit shall be borne by the Board and be payable from the Wireless E-911 Fund, as appropriate. The Board shall furnish copies of the audits to the Governor, the Public Safety Subcommittees of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations, and the Virginia State Crime Commission.

G. The special tax authorized by § 58.1-1730 shall not be imposed on consumers of CMRS.

2000, c. 1064 ; 2001, c. 529 ; 2002, c. 68 ; 2003, c. 341 ; 2004, c. 167 ; 2005, c. 942 ; 2006, cc. 739 , 780 ; 2010, cc. 466 , 566 ; 2011, cc. 162 , 630 ; 2012, cc. 25 , 165 , 672 ; 2017, cc. 22 , 260 ; 2018, cc. 57 , 307 , 532 , 533 ; 2020, c. 423 ; 2021, Sp. Sess. I, c. 248 .
Va. Code Ann. § 56-484.18:1 — Virginia Code / Title 56 / Chapter 15 / Article 7.1 / Section 56-484.18:1
Regional emergency communications authority
Status: in_force

The governing bodies of two or more counties, cities, or towns, or a combination thereof, may, by concurrent ordinances or resolutions or by agreement, create a regional emergency communications authority. Such authority shall be subject to all rights, privileges, and obligations provided in Article 7 (§ 56-484.12 et seq.).

2026, c. 730 .
Va. Code Ann. § 56-265.28 — Virginia Code / Title 56 / Chapter 10.3 / Section 56-265.28
Sovereign immunity
Status: in_force

Nothing in this chapter shall be construed to abrogate the immunity from suit accruing to the Commonwealth, her political subdivisions, agencies, officers or employees, or the officers or employees of her political subdivisions and agencies, as exists prior to July 1, 1980.

1979, c. 291.
Va. Code Ann. § 56-265.24 — Virginia Code / Title 56 / Chapter 10.3 / Section 56-265.24
Duties of excavator
Status: in_force

A. No excavator shall begin any excavation or demolition before reviewing and heeding the positive response marking status of the excavation area. Any person excavating within two feet on either side of the staked or marked location of an operator's underground utility line or demolishing in such proximity to an underground utility line that the utility line may be destroyed, damaged, dislocated or disturbed shall take all reasonable steps necessary to properly protect, support and backfill underground utility lines. For excavations not parallel to an existing underground utility line, such steps shall include, but may not be limited to:

1. Exposing the underground utility line to its extremities by hand digging;

2. Not utilizing mechanized equipment within two feet of the extremities of all exposed utility lines; and

3. Protecting the exposed utility lines from damage.

In addition, for excavations parallel to an existing utility line, such steps shall include, but may not be limited to, hand digging at reasonable distances along the line of excavation. The excavator shall exercise due care at all times to protect underground utility lines when exposing these lines by hand digging.

B. If the markings locating the underground lines become illegible due to time, weather, construction, or any other cause, the person performing the excavation or demolition shall so notify the notification center for the area. Such notification shall constitute an extension under subsection D of § 56-265.17 .

C. If, after at least 48 hours beginning with 7:00 a.m. the next working day following a locate request or on the date of excavation, upon arrival at the site of a proposed excavation, the excavator observes clear evidence of the presence of an unmarked utility line in the area of the proposed excavation, the excavator shall not begin excavating until three hours after an additional contact is made to the notification center for the area pursuant to subsection C of § 56-265.17 and the excavator has verified that no information has been posted to the positive response system or information posted to the positive response system is inconsistent with the clear evidence observed by the excavator.

D. In the event of any damage to, or dislocation, or disturbance of any underground utility line including its appurtenances, covering, and coating, in connection with any excavation or demolition, the person responsible for the excavation or demolition operations shall immediately notify the operator of the underground utility line and shall not backfill around the underground utility line until the operator has repaired the damage or has given clearance to backfill. The operator shall either commence repair of the damage or give clearance to backfill within twenty-four hours, and upon his failure to commence or prosecute with diligence such repair or give clearance, the giving of clearance shall be presumed.

E. If the damage, dislocation, or disturbance of the underground utility line creates an emergency, the person responsible for the excavation or demolition shall, in addition to complying with subsection D, take immediate steps reasonably calculated to safeguard life, health and property.

F. With the exception of designers requesting marking of a site, in accordance with § 56-265.17 , no person, including operators, shall request marking of a site through a notification center unless excavation shall commence within thirty working days from the date of the original notification to the notification center. Except for counties, cities, and towns, any person who willfully fails to comply with this subsection shall be liable to the operator for three times the cost of marking its utility line, not to exceed $1,000.

G. Any person performing excavation or demolition shall provide to the operator of the underground utility line in the area of excavation or to the appropriate regulatory authority having jurisdiction, the number issued by the notification center for that excavation site in response to the excavator's notice, within one hour of a request for the number issued by the notification center.

H. If an excavator discovers an unmarked line, the excavator shall protect this line pursuant to subsection C. An excavator shall not remove an abandoned line without first receiving authorization to do so by the operator.

1979, c. 291; 1994, c. 890 ; 1996, c. 79 ; 2002, c. 841 ; 2023, cc. 299 , 300 .
Va. Code Ann. § 56-241.1 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-241.1
Flat and measured telephone rates; certain rates prohibited
Status: in_force

Every telephone company which offers dial tone line or substantially equivalent local service shall offer to its residential and business customers at least one offering of such service consisting of a single dial tone line, including associated usage, for the purpose of two-way voice communications within a local calling area at a flat rate unless there was no telephone company offering such a class of service at a flat rate in the local calling area on January 1, 1979. No residential or business customer shall be forced to accept local measured rate service for calling within a local calling area based on the number of calls, length of call, distance or time of day, not in effect on January 1, 1979. Nothing contained herein shall prohibit the Commission from approving the voluntary tariff of any telephone company based on the number of calls, length of call, distance or time of day.

1979, c. 91; 1985, c. 389; 1996, c. 378 .
Va. Code Ann. § 56-31 — Virginia Code / Title 56 / Chapter 1 / Article 4 / Section 56-31
When work of crossing highway to proceed
Status: in_force

Upon failure of the company desiring to make any crossing pursuant to § 56-23 to receive notice of suspension of the work on such crossing by the Commission within sixty days after submission of the plans, specifications and descriptions as required by § 56-27 , or upon the approval or modification of plans, specifications and descriptions by the Commission, or, if an appeal be taken as aforesaid, upon the approval or modification by the Supreme Court of the plans, specifications and descriptions prescribed by the Commission and the payment of the proper compensation to the state or county for damages to the state or county property, or to the owner or occupant of lands, such damage to be ascertained according to the laws regulating the exercise of eminent domain, work may be commenced immediately.

Code 1919, § 3885; 1920, p. 413.
Va. Code Ann. § 56-265.4 — Virginia Code / Title 56 / Chapter 10.1 / Section 56-265.4
Certificate to operate in territory of another certificate holder
Status: in_force

Except as provided in § 56-265.4:4 , no certificate shall be granted to an applicant proposing to operate in the territory of any holder of a certificate unless and until it shall be proved to the satisfaction of the Commission that the service rendered by such certificate holder in such territory is inadequate to the requirements of the public necessity and convenience; and if the Commission shall be of opinion that the service rendered by such certificate holder in such territory is in any respect inadequate to the requirements of the public necessity and convenience, such certificate holder shall be given reasonable time and opportunity to remedy such inadequacy before any certificate shall be granted to an applicant proposing to operate in such territory. For the purposes of this section, the transportation of natural gas by pipeline, without providing service to end users within the territory, shall not be considered operating in the territory of another certificate holder.

1950, p. 600; 1984, c. 382; 2014, cc. 467 , 507 .
Va. Code Ann. § 56-355.1 — Virginia Code / Title 56 / Chapter 13 / Article 3 / Section 56-355.1
Repealed
Status: repealed

Repealed by Acts 2015, c. 256 , cl. 9.
Va. Code Ann. § 56-111 — Virginia Code / Title 56 / Chapter 6 / Article 2 / Section 56-111
When railroads may operate by motor vehicle or aircraft
Status: in_force

Any railroad doing business in this Commonwealth may acquire, own and operate motor vehicles for the purpose of transporting persons or property over the public highways as a common carrier by motor vehicle as that term is defined by § 46.2-2000 , subject to the laws of Virginia governing the operations and regulation of common carriers by motor vehicle and all lawful regulations of the Commonwealth made pursuant thereto and applying to other motor vehicles or other common carriers by motor vehicle, including the laws requiring the payment of registration and license fees and other taxes by common carriers by motor vehicle, when lawfully authorized in accordance with the provisions of such laws and regulations.

Any such railroad may also acquire, own and operate equipment for and engage in air transportation, subject to the provisions of the law regulating air transportation.

1938, p. 1000; Michie Code 1942, § 3857a; 1944, p. 537; 1996, cc. 114 , 157 .
Va. Code Ann. § 56-233 — Virginia Code / Title 56 / Chapter 10 / Article 1 / Section 56-233
Service defined
Status: in_force

The term "service" is used in this chapter in its broadest and most inclusive sense and includes not only the use and quality of accommodations afforded consumers or patrons, but also any product or commodity furnished by any public utility and equipment, apparatus, appliances and facilities devoted to the purposes in which such public utility is engaged and to the use and accommodation of the public.

Code 1919, § 4068; 1980, c. 249.
Va. Code Ann. § 56-531 — Virginia Code / Title 56 / Chapter 19 / Section 56-531
Definitions
Status: in_force

As used in this chapter, which may be cited as the "Small Investor-Owned Telephone Utility Act":

"Commission" means the "State Corporation Commission."

"Small investor-owned telephone utility" means any investor-owned public utility (other than a cooperative) which serves fewer than 100,000 access lines in Virginia and which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly, to or for the public.

1986, c. 337; 1987, c. 295; 1998, c. 64 .
Va. Code Ann. § 56-463 — Virginia Code / Title 56 / Chapter 15 / Article 1 / Section 56-463
Company may contract for right-of-way, etc
Status: in_force

Every telegraph or telephone company and every cable operator that has a franchise to use the public rights-of-way in a locality may contract with any person, the owner of lands, or of any interest, franchise, privilege, or easement therein or in respect thereto, over which such line is proposed to be constructed, for the right-of-way for erecting, repairing, and preserving its poles and other structures necessary for operating its line, and in the case of telegraph or telephone companies, for sufficient land for the erection and occupation of offices at suitable distances along its line for the public accommodation. No such company or operator may be required by the Commission or other governmental regulatory entity to accept any such interest, franchise, privilege, or easement that restricts the services that may legally be offered by the company or operator.

Code 1919, § 4039; 2009, c. 331 .
Va. Code Ann. § 56-494 — Virginia Code / Title 56 / Chapter 16 / Section 56-494
Service to members; to nonmembers
Status: in_force

Except as hereinafter provided, the corporate purpose of each cooperative formed hereunder shall be to render service to its members only, and no person shall become or remain a member unless such person uses telephone service supplied by the cooperative and shall have complied with the terms and conditions in respect to membership contained in the bylaws of the cooperative. Should the cooperative acquire any telephone facilities already dedicated or devoted to the public use it may, for the purpose of continuing existing service and avoiding hardship, continue to serve the persons served directly from such facilities at the time of such acquisition without requiring that such persons become members.

The rates to such nonmembers shall be on a cost basis similar to those charged members.

1950, p. 592; 1956, c. 434; 1996, c. 708 .
Va. Code Ann. § 56-62 — Virginia Code / Title 56 / Chapter 3 / Section 56-62
Joint action with commission of another state
Status: in_force

If a commission or other agency or agencies is empowered by another state to regulate and control the amount and character of securities to be issued by any public service company within such other state, then the Commission shall have the power to agree with such other commission or other agency or agencies of such other state on the issuance of stocks or stock certificates or other evidences of interest or ownership, and bonds, notes or other evidences of indebtedness by a public service company owning or operating a public utility both in such state and in this Commonwealth, and shall have the power to approve such issue jointly with such commission or other agency or agencies and to issue a joint certificate of such approval; provided, however, that no such joint approval shall be required in order to express the consent to and approval of such issue by the Commonwealth of Virginia if such issue is separately approved by the Commission.

1934, p. 223; Michie Code 1942, § 4073(5).
Va. Code Ann. § 56-546 — Virginia Code / Title 56 / Chapter 20 / Section 56-546
Local approvals
Status: in_force

A. Prior to the issuance of a certificate of authority by the Commission and contemporaneously with the filing of any application materials with the Commission, the applicant shall provide the local governing body of each jurisdiction through which any part of the roadway passes with the application information and materials required by § 56-540 and an overall description of the project and its benefits. The governing body may participate in procedures conducted by the Board or the Commission concerning the application.

B. When the operator wishes to occupy lands owned by any county, city, town, or any agency or instrumentality of the federal government, including the streets or alleys of a city or town, or the roads of any county, it shall first obtain a franchise allowing such occupancy or it may obtain the necessary interests through grant or other appropriate conveyance to the operator for a period of time, in the case of a franchise, not to exceed the term of the certificate.

C. Where the applicant wishes to interconnect with the streets of any city or town, or the road system of any county, and the locality is willing to allow the interconnection, it shall submit appropriate plans for the connection to the governing body, which shall approve the connection if it determines that the connection meets all appropriate engineering requirements.

D. The operator and the county, city, or town may also agree on any supplemental or related matters in addition to the matters specified in § 15.2-2026 , according to such terms and conditions as are reasonable, appropriate, and in the public interest, and any such county, city, or town is hereby enabled to enter into such an agreement.

E. Prior to commencement of construction, the operator shall survey and plat the right-of-way in accordance with local requirements.

1988, c. 649; 1990, c. 180.
Va. Code Ann. § 56-548 — Virginia Code / Title 56 / Chapter 20 / Section 56-548
Highway and roadway crossings
Status: in_force

No crossing of a railway, highway, street, road or alley shall be at grade, but shall pass above or below the railway, highway, street, road, or alley, and such crossings are hereby permitted, subject to the provisions of this chapter.

1988, c. 649.
Va. Code Ann. § 56-501 — Virginia Code / Title 56 / Chapter 16 / Section 56-501
Repealed
Status: repealed

Repealed by Acts 1998, c. 252 .
Va. Code Ann. § 56-265.4:3 — Virginia Code / Title 56 / Chapter 10.1 / Section 56-265.4:3
Repealed
Status: repealed

Repealed by Acts 2011, cc. 738 and 740 , cl. 2.
Va. Code Ann. § 56-231.34:1 — Virginia Code / Title 56 / Chapter 9.1 / Article 1 / Section 56-231.34:1
Separation of regulated and unregulated businesses
Status: in_force

A. No cooperative that engages in a regulated utility service shall conduct any unregulated business activity, other than traditional cooperative activities, except in or through one or more affiliates of such cooperative, provided that a cooperative that provides regulated utility services, or one or more of its affiliates, shall have the right to offer and make unregulated sales of electric power to members of the cooperative that are served at or by dedicated or excess facilities within the cooperative's certificated service territory and that contract for electric utility services to serve a demand that is reasonably expected to exceed 90 megawatts. No such affiliates, formed to engage in any business that is not a regulated utility service, shall engage in regulated utility services.

B. The Commission shall promulgate rules and regulations, governing the conduct of the cooperatives, to promote effective and fair competition between (i) affiliates of cooperatives that are engaged in business activities which are not regulated utility services and (ii) other persons engaged in the same or similar businesses. The rules and regulations shall be effective by July 1, 2000, and shall include provisions:

1. Prohibiting cost-shifting or cross-subsidies between a cooperative and its affiliates;

2. Prohibiting anticompetitive behavior or self-dealing between a cooperative and its affiliates;

3. Prohibiting a cooperative from engaging in discriminatory behavior towards nonaffiliated entities; and

4. Establishing codes of conduct detailing permissible relations between a cooperative and its affiliates. In establishing such codes, the Commission shall consider, among other things, whether and, if so, under what circumstances and conditions (i) a cooperative may provide its affiliates with customer lists or other customer information, sales leads, procurement advice, joint promotions, and access to billing or mailing systems unless such information or services are made available to third parties under the same terms and conditions, (ii) the cooperative's name, logos or trademarks may be used in promotional, advertising or sales activities conducted by its affiliates, and (iii) the cooperative's vehicles, equipment, office space and employees may be used by its affiliates.

C. Nothing in this article shall be deemed to abrogate or modify the Commission's authority under Chapter 4 (§ 56-76 et seq.) of this title.

1999, c. 874 ; 2000, cc. 944 , 999 ; 2025, cc. 499 , 598 .
Va. Code Ann. § 56-241.2 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-241.2
Approval of rates for resale of telephone service
Status: in_force

Notwithstanding the provisions of § 56-241.1 , the Commission may approve a mandatory tariff based only on the number of calls for any telephone company if such tariff is limited to the rates charged for the resale of local business service or for the providing of coin telephone service by a person other than the telephone company.

1985, c. 389.
Va. Code Ann. § 56-232.3 — Virginia Code / Title 56 / Chapter 10 / Article 1 / Section 56-232.3
Regulation of service by certain gas distribution companies to federal, state and local governmental facilities
Status: in_force

Notwithstanding the provisions of § 56-232 , the Commission shall regulate, to the same extent as it regulates other public utility service, the utility service furnished to any federal, state or local governmental facility by a natural gas distribution company for which a service area has been determined by the Federal Energy Regulatory Commission, or its predecessor, under Section 717(f)(1) of the Natural Gas Act, 15 U.S.C. § 717 et seq.

1995, c. 454 .
Va. Code Ann. § 56-236.2 — Virginia Code / Title 56 / Chapter 10 / Article 2 / Section 56-236.2
Suspension of service to sewerage system
Status: in_force

No public utility furnishing heat, light or power to a sewerage system, after receiving notice pursuant to § 56-261 or § 56-265.11:1 from the person operating such system, may suspend service for nonpayment without giving at least ten days' advance notice in writing to the Commission and the Director of the Department of Environmental Quality.

2000, c. 183 .
Va. Code Ann. § 56-356 — Virginia Code / Title 56 / Chapter 13 / Article 3 / Section 56-356
Repealed
Status: repealed

Repealed by Acts 1956, c. 435.
Va. Code Ann. § 56-616 — Virginia Code / Title 56 / Chapter 29 / Section 56-616
Occupation of property of certain localities; imposition of terms and conditions as to use of property
Status: in_force

A. Any incorporated city or town may impose upon a renewable generator any terms and conditions consistent herewith and supplemental hereto, as to the occupation and use of its streets, avenues, and alleys, and as to the construction and maintenance of the distribution facilities of the renewable generator along, over, or under the same, that the city or town may deem expedient and proper.

B. No locality shall impose any fees on a renewable generator for the use of public rights-of-way except in the manner prescribed in § 56-617 .

C. No locality shall impose on a renewable generator, whether by franchise, ordinance, or other means, any restrictions or requirements concerning the use of the public rights-of-way that are (i) unfair or unreasonable or (ii) any greater than those imposed on providers of electric or natural gas utility service.

D. Notwithstanding any other provision of law, any permit or other permission required by a locality pursuant to a franchise, ordinance, or other permission to use the public rights-of-way of a renewable generator to use the public rights-of-way shall be granted or denied within 45 days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial.

E. No locality receiving directly or indirectly a public rights-of-way use fee shall require a renewable generator to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements, or in lieu of the public rights-of-way use fee.

F. A renewable generator shall have the same rights, duties, and responsibilities related to the crossing of a railroad as afforded other public service corporations in §§ 56-12 , 56-17 through 56-22 , 56-25 , 56-26 , and 56-27 . Nothing in this chapter shall expand the rights of renewable generators to either cross or otherwise have access to railroad property to an extent greater than that afforded other public service corporations in this title.

2009, c. 807 , § 67-1102; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 56-451.1 — Virginia Code / Title 56 / Chapter 13 / Article 11 / Section 56-451.1
Keeping unused tracks in place
Status: in_force

If a railroad company discontinues operations on all or any portion of its line of railroad (other than yard tracks, passing sidings, or tracks unneeded because of the diversion of traffic over parallel or other substitute tracks), it shall notify the governing body of any city, town or county directly served by the portion of line so discontinued. Retention of such track in place shall be in accordance with federal rules and regulations.

1960, c. 443; 1996, cc. 114 , 157 .
Va. Code Ann. § 56-256 — Virginia Code / Title 56 / Chapter 10 / Article 4 / Section 56-256
Powers of corporations generally; rights, powers, privileges and immunities, etc
Status: in_force

Every corporation organized for the purpose of: (1) constructing, maintaining, and operating an electric railway, or works, (2) supplying and distributing electricity for light, heat, or power, (3) producing, distributing, and selling steam, heat, or power, or compressed air, (4) producing, distributing and selling gas made of coal or other materials, (5) furnishing and distributing a water supply to any city or town, or (6) piping cold air outside of its plant, or (7) constructing and maintaining any public viaduct, bridge or conduit, shall, in addition to the powers conferred upon corporations generally, have all the rights, powers, privileges, and immunities, and be subject to all the rules, regulations, restrictions, pains, and penalties prescribed by §§ 56-458 , 56-459 to 56-462 , 56-466 , 56-467 and 56-484 , which sections shall apply to, and as far as practicable, operate upon the corporations mentioned in this section, unless otherwise provided.

Code 1919, §§ 4058, 4061.
Va. Code Ann. § 56-68 — Virginia Code / Title 56 / Chapter 3 / Section 56-68
No licensed salesman required when securities approved under this chapter
Status: in_force

No licensed salesman shall be necessary in case of orders of approval or validation of securities under the provisions of this chapter.

1934, p. 227; Michie Code 1942, § 4073(16).
Va. Code Ann. § 56-486 — Virginia Code / Title 56 / Chapter 16 / Section 56-486
Who may form cooperative; purpose
Status: in_force

Any number of natural persons not less than five may, by executing, filing and recording a certificate as hereinafter set forth, form a cooperative, either with or without capital stock, not organized for pecuniary profit, for the purpose of promoting and encouraging the fullest possible use of telephone service by making telephone service and facilities available at the lowest cost consistent with sound economy and prudent management of the business of such cooperatives.

1950, p. 588; 1956, c. 434.
Va. Code Ann. § 56-257.2 — Virginia Code / Title 56 / Chapter 10 / Article 5 / Section 56-257.2
Gas pipeline safety
Status: in_force

A. Notwithstanding any other provision of law, the Commission shall have the authority to regulate the safety of master-metered gas systems, landfill gas transmission or distribution facilities transmitting or distributing landfill gas off premises from a solid waste management facility permitted by the Department of Environmental Quality, and other gas pipeline facilities used in intrastate pipeline transportation, all as defined in the federal regulations promulgated under 49 U.S.C. § 60101 et seq., as amended, and the federal pipeline safety laws, owned or operated by any person, limited liability company, business entity or association of individuals. The authority granted herein shall be exercised in a manner that is not inconsistent with the above-referenced federal regulations and pipeline safety laws.

This subsection shall not apply to gas systems and pipeline facilities owned or operated by any county, city, or town.

B. For the purposes of pipeline facilities used in the intrastate transportation of gas, all as defined in the federal regulations promulgated under 49 U.S.C. § 60101 et seq., as amended, and the federal pipeline safety laws, and notwithstanding any other provision of law, any person, limited liability company, business entity or association of individuals failing or refusing to obey Commission orders relating to the adoption or enforcement of regulations for the design, construction, operation, and maintenance of intrastate pipeline facilities and temporary or permanent injunctions issued by the Commission shall be fined such sums not exceeding the fines and penalties specified by 49 U.S.C. § 60122 (a)(1), as amended. Should the operation of such order be suspended pending an appeal, the period of such suspension shall not be computed against the person in the matter of his liability to fines or penalties. The authority granted herein shall be exercised in a manner that is not inconsistent with the above-referenced federal regulations and pipeline safety laws.

This subsection shall not apply to gas systems and pipeline facilities owned or operated by any county, city, or town.

C. With respect to the gas systems and pipeline facilities owned or operated by any county, city, or town, the Commission is authorized to act for the United States Secretary of Transportation to conduct safety inspections pursuant to the federal pipeline safety laws, 49 U.S.C. § 60101 et seq., to the extent authorized by certification or agreement with the Secretary under 49 U.S.C. § 60106 of the federal pipeline safety laws, 49 U.S.C. § 60101 et seq., as amended. After each inspection, an exit interview with any county, city, or town shall be conducted prior to promptly reporting to the United States Department of Transportation. This subsection shall not authorize the Commission to impose civil penalties or fines on any county, city, or town and shall not authorize the Commission to exercise jurisdiction over the rates, charges, services, facilities, or service territory of any county, city, or town providing gas service except as is otherwise provided by law.

1994, c. 12 ; 2005, c. 35 .
Va. Code Ann. § 56-523 — Virginia Code / Title 56 / Chapter 17 / Section 56-523
Definitions
Status: in_force

The words "utilities" or "public utilities" when used in this chapter shall be construed to mean any person, partnership, association or corporation, engaged in the business of furnishing electric power, water, light, heat, gas, transportation or communication, or any one or more of them, to the people of Virginia.

"Net income" with respect to operation of a utility by the Commonwealth shall be construed to mean the gross revenues derived from such operation after deducting therefrom:

(1) The costs of operation and maintenance of the utility,

(2) The amount of depreciation during the time of such operation based on the amount allowed in the utility's federal income tax return,

(3) Federal, state, and local taxes which would be payable by the utility, if the properties were operated by it,

(4) Interest on the indebtedness of the utility, and

(5) Payments for the cost of insurance.

All of such items shall be prorated on an annual basis in proportion to the time the plant is operated by the Commonwealth.

1952, c. 696.
Va. Code Ann. § 56-265.23 — Virginia Code / Title 56 / Chapter 10.3 / Section 56-265.23
Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns
Status: in_force

Employees of the Virginia Department of Transportation acting within the scope of their employment, and certain employees of those counties, cities, and towns which maintain their streets or roads in accordance with § 33.2-319 or § 33.2-366 performing street or roadway maintenance operations and acting within the scope of their employment, excavating entirely within the right-of-way of a public road, street or highway of the Commonwealth shall not be required to comply with the provisions of this chapter if reasonable care is taken to protect the utility lines placed in the right-of-way by permit and if they:

1. Excavate within the limits of the original excavation; on the traveled way, shoulders or drainage features of a public road, street, or highway and any excavation does not exceed eighteen inches (0.45 meter) in depth below the grade existing prior to such excavation; or

2. Are replacing previously existing structures in their previous locations.

1979, c. 291; 1994, c. 890 .