{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-265.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-265.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-265.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-265.3.html"}],"law_id":60647,"edition_id":1,"section_id":60647,"structure_id":14176,"section_number":"56-265.3","catch_line":"Certificate to furnish public utility service; allotment of territory transfers, leases or amendments","history":"1950, c. 599; 1968, c. 720; 1973, c. 397; 1986, c. 521; 1988, c. 233.","full_text":"A\n\nNo public utility shall begin to furnish public utility service within the Commonwealth without first having obtained from the Commission a certificate of public convenience and necessity authorizing it to furnish such service. Any company engaged in furnishing a public utility service in this Commonwealth as of July 1, 1950, shall, upon filing maps with the Commission within ninety days from such date, showing the territory now being served by it, be entitled to receive a certificate of convenience and necessity authorizing it to begin to furnish such public utility service in such territory. Also, any company that is granted authority under the Public Utilities Securities Act, Chapter 3 (§ 56-55 et seq.) of this title to issue securities for the purpose of constructing or extending facilities described in the application for such authority, shall, if the application was filed with the State Corporation Commission before February 1, 1950, have the same right to a certificate of convenience and necessity that it would have had if the facilities had been in operation and serving the public on February 1, 1950. Any company which was engaged in furnishing a public utility service in this Commonwealth as of July 1, 1950, and which is now so engaged in providing the same kind of service, and which could have filed maps with the Commission in accordance with the requirements of this section but failed to do so, may file such maps not later than January 1, 1974, showing the territory now being served by it, and be entitled to receive a certificate of convenience and necessity authorizing it to continue to furnish the same kind of public utility service in such areas to the same extent as if it had filed maps as of July 1, 1950.B\n\nOn initial application by any company, the Commission, after formal or informal hearing upon such notice to the public as the Commission may prescribe, may, by issuance of a certificate of convenience and necessity, allot territory for development of public utility service by the applicant if the Commission finds such action in the public interest.C\n\nIf the initial application provides for the furnishing of water or sewerage service within any political subdivision in which there has been created an authority for either or both of such purposes pursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, the Commission shall not hold any hearing on such application or issue any certificate for the allotment of territory unless the application shall first have been approved by the governing body of the political subdivision in which the territory is located. In any area where a water company was in existence and furnishing water prior to the formation of an authority to provide water, the Commission may hold a hearing on an application and issue a certificate to the water company for that territory which was served prior to the creation of the authority whether or not the governing body of the political subdivision has approved the application. In any area where a sewer company was in existence and furnishing sewer services prior to the formation of an authority to provide sewer services, the Commission may hold a hearing on an application and issue a certificate to the sewer company for that territory which was served prior to the creation of the authority whether or not the governing body of the political subdivision has approved the application.D\n\nIf the Commission finds it to be in the public interest, upon the application of a holder of a water or sewer certificate, such certificate may be transferred, leased or amended after such reasonable notice to the public and opportunity to be heard as the Commission by order may prescribe. The Commission may authorize the transfer, lease, or amendment of the certificate subject to such restrictions as the Commission finds will promote the public interest.E\n\nThe Commission is authorized to promulgate any rules necessary to implement this section.","order_by":null,"text":{"0":{"id":221660,"text":"No public utility shall begin to furnish public utility service within the Commonwealth without first having obtained from the Commission a certificate of public convenience and necessity authorizing it to furnish such service. Any company engaged in furnishing a public utility service in this Commonwealth as of July 1, 1950, shall, upon filing maps with the Commission within ninety days from such date, showing the territory now being served by it, be entitled to receive a certificate of convenience and necessity authorizing it to begin to furnish such public utility service in such territory. Also, any company that is granted authority under the Public Utilities Securities Act, Chapter 3 (§ 56-55 et seq.) of this title to issue securities for the purpose of constructing or extending facilities described in the application for such authority, shall, if the application was filed with the State Corporation Commission before February 1, 1950, have the same right to a certificate of convenience and necessity that it would have had if the facilities had been in operation and serving the public on February 1, 1950. Any company which was engaged in furnishing a public utility service in this Commonwealth as of July 1, 1950, and which is now so engaged in providing the same kind of service, and which could have filed maps with the Commission in accordance with the requirements of this section but failed to do so, may file such maps not later than January 1, 1974, showing the territory now being served by it, and be entitled to receive a certificate of convenience and necessity authorizing it to continue to furnish the same kind of public utility service in such areas to the same extent as if it had filed maps as of July 1, 1950.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221661,"text":"On initial application by any company, the Commission, after formal or informal hearing upon such notice to the public as the Commission may prescribe, may, by issuance of a certificate of convenience and necessity, allot territory for development of public utility service by the applicant if the Commission finds such action in the public interest.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221662,"text":"If the initial application provides for the furnishing of water or sewerage service within any political subdivision in which there has been created an authority for either or both of such purposes pursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, the Commission shall not hold any hearing on such application or issue any certificate for the allotment of territory unless the application shall first have been approved by the governing body of the political subdivision in which the territory is located. In any area where a water company was in existence and furnishing water prior to the formation of an authority to provide water, the Commission may hold a hearing on an application and issue a certificate to the water company for that territory which was served prior to the creation of the authority whether or not the governing body of the political subdivision has approved the application. In any area where a sewer company was in existence and furnishing sewer services prior to the formation of an authority to provide sewer services, the Commission may hold a hearing on an application and issue a certificate to the sewer company for that territory which was served prior to the creation of the authority whether or not the governing body of the political subdivision has approved the application.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221663,"text":"If the Commission finds it to be in the public interest, upon the application of a holder of a water or sewer certificate, such certificate may be transferred, leased or amended after such reasonable notice to the public and opportunity to be heard as the Commission by order may prescribe. The Commission may authorize the transfer, lease, or amendment of the certificate subject to such restrictions as the Commission finds will promote the public interest.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221664,"text":"The Commission is authorized to promulgate any rules necessary to implement this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14176,"edition_id":1,"name":"Utility Facilities Act","identifier":"10.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:47:08","date_modified":"2026-06-26 03:47:08","permalink":{"id":249127,"object_type":"structure","relational_id":14176,"identifier":"10.1","token":"56\/10.1","url":"\/56\/10.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85772,"structure_id":14176,"section_number":"56-265.1","catch_line":"Definitions","url":"\/56-265.1\/","token":"56\/10.1\/56-265.1","metadata":false},{"id":75556,"structure_id":14176,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","url":"\/56-265.2\/","token":"56\/10.1\/56-265.2","metadata":false},{"id":78990,"structure_id":14176,"section_number":"56-265.2:1","catch_line":"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing","url":"\/56-265.2_1\/","token":"56\/10.1\/56-265.2_1","metadata":false},{"id":60647,"structure_id":14176,"section_number":"56-265.3","catch_line":"Certificate to furnish public utility service; allotment of territory transfers, leases or amendments","url":"\/56-265.3\/","token":"56\/10.1\/56-265.3","metadata":false},{"id":78937,"structure_id":14176,"section_number":"56-265.3:1","catch_line":"Certificates to furnish water and sewer service","url":"\/56-265.3_1\/","token":"56\/10.1\/56-265.3_1","metadata":false},{"id":64018,"structure_id":14176,"section_number":"56-265.4","catch_line":"Certificate to operate in territory of another certificate holder","url":"\/56-265.4\/","token":"56\/10.1\/56-265.4","metadata":false},{"id":59749,"structure_id":14176,"section_number":"56-265.4:1","catch_line":"Furnishing of electric public utility service or provision of facilities therefor by municipal corporations and other governmental bodies","url":"\/56-265.4_1\/","token":"56\/10.1\/56-265.4_1","metadata":false},{"id":82310,"structure_id":14176,"section_number":"56-265.4:2","catch_line":"Extension of service by cities and towns into annexed areas","url":"\/56-265.4_2\/","token":"56\/10.1\/56-265.4_2","metadata":false},{"id":55913,"structure_id":14176,"section_number":"56-265.4:3","catch_line":"Repealed","url":"\/56-265.4_3\/","token":"56\/10.1\/56-265.4_3","metadata":false},{"id":55350,"structure_id":14176,"section_number":"56-265.4:4","catch_line":"Certificate to operate as a telephone utility","url":"\/56-265.4_4\/","token":"56\/10.1\/56-265.4_4","metadata":false},{"id":59368,"structure_id":14176,"section_number":"56-265.4:5","catch_line":"Furnishing gas service to commercial and industrial customers in an area not certificated for public utility gas service","url":"\/56-265.4_5\/","token":"56\/10.1\/56-265.4_5","metadata":false},{"id":57183,"structure_id":14176,"section_number":"56-265.4:6","catch_line":"Furnishing non-utility gas service","url":"\/56-265.4_6\/","token":"56\/10.1\/56-265.4_6","metadata":false},{"id":64154,"structure_id":14176,"section_number":"56-265.4:7","catch_line":"Discontinuing natural gas service; municipal corporation","url":"\/56-265.4_7\/","token":"56\/10.1\/56-265.4_7","metadata":false},{"id":70671,"structure_id":14176,"section_number":"56-265.5","catch_line":"Effective date of certificates","url":"\/56-265.5\/","token":"56\/10.1\/56-265.5","metadata":false},{"id":75195,"structure_id":14176,"section_number":"56-265.6","catch_line":"Penalties for misrepresentations, violations of law, regulations or terms of certificates","url":"\/56-265.6\/","token":"56\/10.1\/56-265.6","metadata":false},{"id":65727,"structure_id":14176,"section_number":"56-265.7","catch_line":"Appeal from order of revocations, etc","url":"\/56-265.7\/","token":"56\/10.1\/56-265.7","metadata":false},{"id":85864,"structure_id":14176,"section_number":"56-265.8","catch_line":"Proceedings before Commission on or before July 1, 1950","url":"\/56-265.8\/","token":"56\/10.1\/56-265.8","metadata":false},{"id":59710,"structure_id":14176,"section_number":"56-265.8:1","catch_line":"Inspection and approval of certain installations not regulated pursuant to this chapter","url":"\/56-265.8_1\/","token":"56\/10.1\/56-265.8_1","metadata":false},{"id":56468,"structure_id":14176,"section_number":"56-265.9","catch_line":"Title of chapter","url":"\/56-265.9\/","token":"56\/10.1\/56-265.9","metadata":false}],"previous_section":{"id":78990,"structure_id":14176,"section_number":"56-265.2:1","catch_line":"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing","url":"\/56-265.2_1\/","token":"56\/10.1\/56-265.2_1","metadata":false},"next_section":{"id":78937,"structure_id":14176,"section_number":"56-265.3:1","catch_line":"Certificates to furnish water and sewer service","url":"\/56-265.3_1\/","token":"56\/10.1\/56-265.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-265.3\/","history_text":"

This law was first created in 1950. The record of its establishment is cataloged in chapter 599 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. Unfortunately, the 1950 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 720; in 1973, chapter 397; in 1986, chapter 521; in 1988, chapter 233.<\/p>","references":[{"id":64527,"section_number":"56-240","catch_line":"Proposed rates, etc., or changes thereof, not suspended effective subject to later change by Commission; refund or credit; appeal; investor-owned public utilities required to show increase complies with \u00a7 56-235.2","order_by":null,"url":"\/56-240\/"},{"id":75556,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","order_by":null,"url":"\/56-265.2\/"},{"id":78937,"section_number":"56-265.3:1","catch_line":"Certificates to furnish water and sewer service","order_by":null,"url":"\/56-265.3_1\/"}],"refers_to":[{"id":54398,"section_number":"15.2-5100","catch_line":"Title of chapter","order_by":null,"url":"\/15.2-5100\/"},{"id":63393,"section_number":"56-55","catch_line":"Definitions","order_by":null,"url":"\/56-55\/"}],"permalink":{"id":249141,"object_type":"law","relational_id":60647,"identifier":"56-265.3","token":"56\/10.1\/56-265.3","url":"\/56-265.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-265.3\/","token":"56\/10.1\/56-265.3","dublin_core":{"Title":"Certificate to furnish public utility service; allotment of territory transfers, leases or amendments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-265.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No public utility<\/span> shall begin to furnish public utility<\/span> service within the Commonwealth without first having obtained from the Commission<\/span> a certificate of public convenience and necessity authorizing it to furnish such service. Any company<\/span> engaged in furnishing a public utility<\/span> service in this Commonwealth as of July 1, 1950, shall, upon filing maps with the Commission<\/span> within ninety days from such date, showing the territory now being served by it, be entitled to receive a certificate of convenience and necessity authorizing it to begin to furnish such public utility<\/span> service in such territory. Also, any company<\/span> that is granted authority under the Public Utilities Securities Act, Chapter 3 (§ 56-55<\/a> et seq.) of this title to issue<\/span> securities for the purpose of constructing or extending facilities described in the application for such authority, shall, if the application was filed with the State Corporation<\/span> Commission<\/span> before February 1, 1950, have the same right to a certificate of convenience and necessity that it would have had if the facilities had been in operation and serving the public on February 1, 1950. Any company<\/span> which was engaged in furnishing a public utility<\/span> service in this Commonwealth as of July 1, 1950, and which is now so engaged in providing the same kind of service, and which could have filed maps with the Commission<\/span> in accordance with the requirements of this section but failed to do so, may file such maps not later than January 1, 1974, showing the territory now being served by it, and be entitled to receive a certificate of convenience and necessity authorizing it to continue to furnish the same kind of public utility<\/span> service in such areas to the same extent as if it had filed maps as of July 1, 1950. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> On initial application by any company<\/span>, the Commission<\/span>, after formal or informal hearing<\/span> upon such notice to the public as the Commission<\/span> may prescribe, may, by issuance of a certificate of convenience and necessity, allot territory for development of public utility<\/span> service by the applicant if the Commission<\/span> finds such action in the public interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the initial application provides for the furnishing of water or sewerage service within any political subdivision in which there has been created an authority for either or both of such purposes pursuant to Chapter 51 (§ 15.2-5100<\/a> et seq.) of Title 15.2, the Commission<\/span> shall not hold any hearing<\/span> on such application or issue<\/span> any certificate for the allotment of territory unless the application shall first have been approved by the governing body of the political subdivision in which the territory is located. In any area where a water company<\/span> was in existence and furnishing water prior to the formation of an authority to provide water, the Commission<\/span> may hold a hearing<\/span> on an application and issue<\/span> a certificate to the water company<\/span> for that territory which was served prior to the creation of the authority whether or not the governing body of the political subdivision has approved the application. In any area where a sewer company<\/span> was in existence and furnishing sewer services prior to the formation of an authority to provide sewer services, the Commission<\/span> may hold a hearing<\/span> on an application and issue<\/span> a certificate to the sewer company<\/span> for that territory which was served prior to the creation of the authority whether or not the governing body of the political subdivision has approved the application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Commission<\/span> finds it to be in the public interest, upon the application of a holder of a water or sewer certificate, such certificate may be transferred, leased or amended after such reasonable notice to the public and opportunity to be heard as the Commission<\/span> by order<\/span> may prescribe. The Commission<\/span> may authorize the transfer, lease, or amendment of the certificate subject to such restrictions as the Commission<\/span> finds will promote the public interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commission<\/span> is authorized to promulgate any rules necessary to implement this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATE TO FURNISH PUBLIC UTILITY SERVICE; ALLOTMENT OF TERRITORY TRANSFERS,\nLEASES OR AMENDMENTS (\u00a7 56-265.3)\n\nA. No public utility shall begin to furnish public utility service within the\nCommonwealth without first having obtained from the Commission a certificate of\npublic convenience and necessity authorizing it to furnish such service. Any\ncompany engaged in furnishing a public utility service in this Commonwealth as\nof July 1, 1950, shall, upon filing maps with the Commission within ninety days\nfrom such date, showing the territory now being served by it, be entitled to\nreceive a certificate of convenience and necessity authorizing it to begin to\nfurnish such public utility service in such territory. Also, any company that is\ngranted authority under the Public Utilities Securities Act, Chapter 3 (§\n56-55 et seq.) of this title to issue securities for the purpose of constructing\nor extending facilities described in the application for such authority, shall,\nif the application was filed with the State Corporation Commission before\nFebruary 1, 1950, have the same right to a certificate of convenience and\nnecessity that it would have had if the facilities had been in operation and\nserving the public on February 1, 1950. Any company which was engaged in\nfurnishing a public utility service in this Commonwealth as of July 1, 1950, and\nwhich is now so engaged in providing the same kind of service, and which could\nhave filed maps with the Commission in accordance with the requirements of this\nsection but failed to do so, may file such maps not later than January 1, 1974,\nshowing the territory now being served by it, and be entitled to receive a\ncertificate of convenience and necessity authorizing it to continue to furnish\nthe same kind of public utility service in such areas to the same extent as if\nit had filed maps as of July 1, 1950.\n\nB. On initial application by any company, the Commission, after formal or\ninformal hearing upon such notice to the public as the Commission may prescribe,\nmay, by issuance of a certificate of convenience and necessity, allot territory\nfor development of public utility service by the applicant if the Commission\nfinds such action in the public interest.\n\nC. If the initial application provides for the furnishing of water or sewerage\nservice within any political subdivision in which there has been created an\nauthority for either or both of such purposes pursuant to Chapter 51 (§\n15.2-5100 et seq.) of Title 15.2, the Commission shall not hold any hearing on\nsuch application or issue any certificate for the allotment of territory unless\nthe application shall first have been approved by the governing body of the\npolitical subdivision in which the territory is located. In any area where a\nwater company was in existence and furnishing water prior to the formation of an\nauthority to provide water, the Commission may hold a hearing on an application\nand issue a certificate to the water company for that territory which was served\nprior to the creation of the authority whether or not the governing body of the\npolitical subdivision has approved the application. In any area where a sewer\ncompany was in existence and furnishing sewer services prior to the formation of\nan authority to provide sewer services, the Commission may hold a hearing on an\napplication and issue a certificate to the sewer company for that territory\nwhich was served prior to the creation of the authority whether or not the\ngoverning body of the political subdivision has approved the application.\n\nD. If the Commission finds it to be in the public interest, upon the application\nof a holder of a water or sewer certificate, such certificate may be\ntransferred, leased or amended after such reasonable notice to the public and\nopportunity to be heard as the Commission by order may prescribe. The Commission\nmay authorize the transfer, lease, or amendment of the certificate subject to\nsuch restrictions as the Commission finds will promote the public interest.\n\nE. The Commission is authorized to promulgate any rules necessary to implement\nthis section.\n\nHISTORY: 1950, c. 599; 1968, c. 720; 1973, c. 397; 1986, c. 521; 1988, c. 233.","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}}