{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-816.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-816.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-816.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-816.1.html"}],"law_id":60851,"edition_id":1,"section_id":60851,"structure_id":14134,"section_number":"15.2-816.1","catch_line":"Underground electric distribution, telecommunications, cable, and other utility facilities","history":"2019, c. 792; 2021, Sp. Sess. I, c. 505.","full_text":"A\n\nThe governing body of any locality operating under the urban county executive form of government may request an electric utility, telecommunications provider, cable provider, or other utility to enter into an agreement with the locality to place underground electric distribution, facilities, telecommunications facilities, cable facilities, or other utility facilities as part of a transportation infrastructure improvement project, a commercial or industrial improvement project, or roads serving any such project that the Commonwealth Transportation Board or such locality identifies that reduce congestion, improve mobility, improve transit system infrastructure, improve safety, or improve service or access to such project.B\n\nIf the parties desire to proceed, the locality operating under the urban county executive form of government shall enter into an agreement with an electric utility, telecommunications provider, cable provider, or other utility that provides that (i) the locality shall pay to the utility or provider its full costs of relocating and converting that portion of the facility located in the locality underground rather than overhead, minus the net of relocation credits; (ii) the utility or provider shall convert, operate, and maintain the agreed portion of the facility underground in cooperation with any other utility or provider with facilities placed underground there; (iii) the agreement is contingent upon the adoption of the levy set forth in subsection C; and (iv) other terms and conditions on which the parties may agree shall be included in the agreement. No agreement shall require any telecommunications provider or cable provider to share conduit.C\n\nIf the locality operating under the urban county executive form of government and the utility enter into an agreement as described in subsection B, the locality may impose an additional levy on electric utility customers in the locality pursuant to § 58.1-3814. The locality shall by ordinance fix the amount of such additional levy, which shall not exceed $1 per month on residential customers and shall not exceed 6.67 percent of the monthly amount charged to nonresidential consumers of the utility service. The initial proceeds of such levy shall be dedicated to a project incorporating bus rapid transit on a road in the National Highway System serving a Metrorail station and an anticipated extension of Metrorail in a designated revitalization area in such locality. The provider of billing services shall bill the tax to all users who are subject to the tax and to whom it bills for electricity service and shall remit such tax to the appropriate locality. Any levy imposed pursuant to this section shall be in addition to the limit for any utility consumer tax prescribed in § 58.1-3814. If the provisions of this section are inconsistent with the provisions of § 58.1-3814, the provisions of this section shall be controlling.D\n\nThe locality may, or the Commissioner of Highways, upon presentation of the agreement to the Commonwealth Transportation Board, shall, be responsible for securing the necessary easements and permits for the utility or provider necessary for the conversion of the existing distribution, telecommunication, cable, or other utility facilities.E\n\nWith the exception of any local zoning ordinances and review under § 15.2-2232 or any cable franchise agreement, if the provisions of this section are inconsistent with the provisions of any other law or local ordinance, the provisions of this section shall be controlling.F\n\nFor purposes of this section, the term “electric utility” includes any cooperative, as that term is defined in § 56-231.15, operating within the locality.","order_by":null,"text":{"0":{"id":222458,"text":"The governing body of any locality operating under the urban county executive form of government may request an electric utility, telecommunications provider, cable provider, or other utility to enter into an agreement with the locality to place underground electric distribution, facilities, telecommunications facilities, cable facilities, or other utility facilities as part of a transportation infrastructure improvement project, a commercial or industrial improvement project, or roads serving any such project that the Commonwealth Transportation Board or such locality identifies that reduce congestion, improve mobility, improve transit system infrastructure, improve safety, or improve service or access to such project.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222459,"text":"If the parties desire to proceed, the locality operating under the urban county executive form of government shall enter into an agreement with an electric utility, telecommunications provider, cable provider, or other utility that provides that (i) the locality shall pay to the utility or provider its full costs of relocating and converting that portion of the facility located in the locality underground rather than overhead, minus the net of relocation credits; (ii) the utility or provider shall convert, operate, and maintain the agreed portion of the facility underground in cooperation with any other utility or provider with facilities placed underground there; (iii) the agreement is contingent upon the adoption of the levy set forth in subsection C; and (iv) other terms and conditions on which the parties may agree shall be included in the agreement. No agreement shall require any telecommunications provider or cable provider to share conduit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222460,"text":"If the locality operating under the urban county executive form of government and the utility enter into an agreement as described in subsection B, the locality may impose an additional levy on electric utility customers in the locality pursuant to § 58.1-3814. The locality shall by ordinance fix the amount of such additional levy, which shall not exceed $1 per month on residential customers and shall not exceed 6.67 percent of the monthly amount charged to nonresidential consumers of the utility service. The initial proceeds of such levy shall be dedicated to a project incorporating bus rapid transit on a road in the National Highway System serving a Metrorail station and an anticipated extension of Metrorail in a designated revitalization area in such locality. The provider of billing services shall bill the tax to all users who are subject to the tax and to whom it bills for electricity service and shall remit such tax to the appropriate locality. Any levy imposed pursuant to this section shall be in addition to the limit for any utility consumer tax prescribed in § 58.1-3814. If the provisions of this section are inconsistent with the provisions of § 58.1-3814, the provisions of this section shall be controlling.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":222461,"text":"The locality may, or the Commissioner of Highways, upon presentation of the agreement to the Commonwealth Transportation Board, shall, be responsible for securing the necessary easements and permits for the utility or provider necessary for the conversion of the existing distribution, telecommunication, cable, or other utility facilities.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":222462,"text":"With the exception of any local zoning ordinances and review under § 15.2-2232 or any cable franchise agreement, if the provisions of this section are inconsistent with the provisions of any other law or local ordinance, the provisions of this section shall be controlling.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":222463,"text":"For purposes of this section, the term “electric utility” includes any cooperative, as that term is defined in § 56-231.15, operating within the locality.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14134,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14133,"metadata":{},"date_created":"2026-06-26 03:46:58","date_modified":"2026-06-26 03:46:58","permalink":{"id":152111,"object_type":"structure","relational_id":14134,"identifier":"1","token":"15.2\/I\/8\/1","url":"\/15.2\/I\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14133,"edition_id":1,"name":"Urban County Executive Form of Government","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":13138,"metadata":{},"date_created":"2026-06-26 03:46:58","date_modified":"2026-06-26 03:46:58","permalink":{"id":152109,"object_type":"structure","relational_id":14133,"identifier":"8","token":"15.2\/I\/8","url":"\/15.2\/I\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13138,"edition_id":1,"name":"General Provisions; 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contracting for such services in certain counties","url":"\/15.2-815\/","token":"15.2\/I\/8\/1\/15.2-815","metadata":false},{"id":85856,"structure_id":14134,"section_number":"15.2-816","catch_line":"Maintenance of certain sewer lines","url":"\/15.2-816\/","token":"15.2\/I\/8\/1\/15.2-816","metadata":false},{"id":60851,"structure_id":14134,"section_number":"15.2-816.1","catch_line":"Underground electric distribution, telecommunications, cable, and other utility facilities","url":"\/15.2-816.1\/","token":"15.2\/I\/8\/1\/15.2-816.1","metadata":false},{"id":78109,"structure_id":14134,"section_number":"15.2-817","catch_line":"No unincorporated area to be incorporated after adoption of urban county form of government","url":"\/15.2-817\/","token":"15.2\/I\/8\/1\/15.2-817","metadata":false},{"id":82761,"structure_id":14134,"section_number":"15.2-818","catch_line":"City may petition to become part of county","url":"\/15.2-818\/","token":"15.2\/I\/8\/1\/15.2-818","metadata":false},{"id":70153,"structure_id":14134,"section_number":"15.2-819","catch_line":"Demolition of historic structures; 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This law was first created in 2019. The record of its establishment is cataloged in chapter 792<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":74569,"section_number":"15.2-2232","catch_line":"Legal status of plan","order_by":null,"url":"\/15.2-2232\/"},{"id":77567,"section_number":"56-231.15","catch_line":"Definitions","order_by":null,"url":"\/56-231.15\/"},{"id":60760,"section_number":"58.1-3814","catch_line":"Water or heat, light and power companies","order_by":null,"url":"\/58.1-3814\/"}],"permalink":{"id":152181,"object_type":"law","relational_id":60851,"identifier":"15.2-816.1","token":"15.2\/I\/8\/1\/15.2-816.1","url":"\/15.2-816.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-816.1\/","token":"15.2\/I\/8\/1\/15.2-816.1","dublin_core":{"Title":"Underground electric distribution, telecommunications, cable, and other utility facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-816.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing body<\/span> of any locality<\/span> operating under the urban county<\/span> executive form of government may request an electric utility<\/span>, telecommunications provider, cable provider, or other utility to enter into an agreement with the locality<\/span> to place underground electric distribution, facilities, telecommunications facilities, cable facilities, or other utility facilities as part of a transportation infrastructure improvement project, a commercial or industrial improvement project, or roads serving any such project that the Commonwealth Transportation Board or such locality<\/span> identifies that reduce congestion, improve mobility, improve transit system infrastructure, improve safety, or improve service or access to such project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the parties desire to proceed, the locality<\/span> operating under the urban county<\/span> executive form of government shall enter into an agreement with an electric utility<\/span>, telecommunications provider, cable provider, or other utility that provides that (i) the locality<\/span> shall pay to the utility or provider its full costs of relocating and converting that portion of the facility located in the locality<\/span> underground rather than overhead, minus the net of relocation credits; (ii) the utility or provider shall convert, operate, and maintain the agreed portion of the facility underground in cooperation with any other utility or provider with facilities placed underground there; (iii) the agreement is contingent upon the adoption of the levy<\/span> set forth in subsection C; and (iv) other terms and conditions on which the parties may agree shall be included in the agreement. No agreement shall require any telecommunications provider or cable provider to share conduit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the locality<\/span> operating under the urban county<\/span> executive form of government and the utility enter into an agreement as described in subsection B, the locality<\/span> may impose an additional levy<\/span> on electric utility<\/span> customers in the locality<\/span> pursuant to § 58.1-3814<\/a>. The locality<\/span> shall by ordinance<\/span> fix the amount of such additional levy<\/span>, which shall not exceed $1 per month on residential customers and shall not exceed 6.67 percent of the monthly amount charged to nonresidential consumers of the utility service. The initial proceeds of such levy<\/span> shall be dedicated to a project incorporating bus rapid transit on a road in the National Highway System serving a Metrorail station and an anticipated extension of Metrorail in a designated revitalization area in such locality<\/span>. The provider of billing services shall bill the tax to all users who are subject to the tax and to whom it bills for electricity service and shall remit such tax to the appropriate locality<\/span>. Any levy<\/span> imposed pursuant to this section shall be in addition to the limit for any utility consumer tax prescribed in § 58.1-3814<\/a>. If the provisions of this section are inconsistent with the provisions of § 58.1-3814<\/a>, the provisions of this section shall be controlling. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The locality<\/span> may, or the Commissioner of Highways, upon presentation of the agreement to the Commonwealth Transportation Board, shall, be responsible for securing the necessary easements and permits for the utility or provider necessary for the conversion of the existing distribution, telecommunication, cable, or other utility facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> With the exception of any local zoning ordinances<\/span> and review under § 15.2-2232<\/a> or any cable franchise agreement, if the provisions of this section are inconsistent with the provisions of any other law<\/span> or local ordinance<\/span>, the provisions of this section shall be controlling. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For purposes of this section, the term “electric utility<\/span>” includes any cooperative, as that term is defined in § 56-231.15<\/a>, operating within the locality<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNDERGROUND ELECTRIC DISTRIBUTION, TELECOMMUNICATIONS, CABLE, AND OTHER UTILITY\nFACILITIES (\u00a7 15.2-816.1)\n\nA. The governing body of any locality operating under the urban county executive\nform of government may request an electric utility, telecommunications provider,\ncable provider, or other utility to enter into an agreement with the locality to\nplace underground electric distribution, facilities, telecommunications\nfacilities, cable facilities, or other utility facilities as part of a\ntransportation infrastructure improvement project, a commercial or industrial\nimprovement project, or roads serving any such project that the Commonwealth\nTransportation Board or such locality identifies that reduce congestion, improve\nmobility, improve transit system infrastructure, improve safety, or improve\nservice or access to such project.\n\nB. If the parties desire to proceed, the locality operating under the urban\ncounty executive form of government shall enter into an agreement with an\nelectric utility, telecommunications provider, cable provider, or other utility\nthat provides that (i) the locality shall pay to the utility or provider its\nfull costs of relocating and converting that portion of the facility located in\nthe locality underground rather than overhead, minus the net of relocation\ncredits; (ii) the utility or provider shall convert, operate, and maintain the\nagreed portion of the facility underground in cooperation with any other utility\nor provider with facilities placed underground there; (iii) the agreement is\ncontingent upon the adoption of the levy set forth in subsection C; and (iv)\nother terms and conditions on which the parties may agree shall be included in\nthe agreement. No agreement shall require any telecommunications provider or\ncable provider to share conduit.\n\nC. If the locality operating under the urban county executive form of government\nand the utility enter into an agreement as described in subsection B, the\nlocality may impose an additional levy on electric utility customers in the\nlocality pursuant to § 58.1-3814. The locality shall by ordinance fix the\namount of such additional levy, which shall not exceed $1 per month on\nresidential customers and shall not exceed 6.67 percent of the monthly amount\ncharged to nonresidential consumers of the utility service. The initial proceeds\nof such levy shall be dedicated to a project incorporating bus rapid transit on\na road in the National Highway System serving a Metrorail station and an\nanticipated extension of Metrorail in a designated revitalization area in such\nlocality. The provider of billing services shall bill the tax to all users who\nare subject to the tax and to whom it bills for electricity service and shall\nremit such tax to the appropriate locality. Any levy imposed pursuant to this\nsection shall be in addition to the limit for any utility consumer tax\nprescribed in § 58.1-3814. If the provisions of this section are\ninconsistent with the provisions of § 58.1-3814, the provisions of this\nsection shall be controlling.\n\nD. The locality may, or the Commissioner of Highways, upon presentation of the\nagreement to the Commonwealth Transportation Board, shall, be responsible for\nsecuring the necessary easements and permits for the utility or provider\nnecessary for the conversion of the existing distribution, telecommunication,\ncable, or other utility facilities.\n\nE. With the exception of any local zoning ordinances and review under §\n15.2-2232 or any cable franchise agreement, if the provisions of this section\nare inconsistent with the provisions of any other law or local ordinance, the\nprovisions of this section shall be controlling.\n\nF. For purposes of this section, the term “electric utility”\nincludes any cooperative, as that term is defined in § 56-231.15, operating\nwithin the locality.\n\nHISTORY: 2019, c. 792; 2021, Sp. Sess. I, c. 505.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}