{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-265.3_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-265.3_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-265.3_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-265.3_1.html"}],"law_id":78937,"edition_id":1,"section_id":78937,"structure_id":14176,"section_number":"56-265.3:1","catch_line":"Certificates to furnish water and sewer service","history":"1994, c. 852.","full_text":"A\n\nAny company proposing to construct facilities after January 1, 1995, ultimately intended to make water or sewer service available to more than fifty residential building lots shall, prior to construction or financial commitments therefor, organize a public service corporation and seek certificates of public convenience and necessity pursuant to §§ 56-265.2 and 56-265.3. The application for such certificates shall include (i) a comprehensive business plan detailing the technical, managerial and financial resources to be devoted to operation of the water or sewer service; (ii) except in the case of a company seeking a certificate to operate a sewer service only, proof of receipt of, or application for, a permit for the facilities pursuant to Virginia Department of Health requirements under Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1; and (iii) such other information as is now or hereafter deemed appropriate by the Commission, including proof of the issuance of a bond or the deposit of funds in escrow as may be required by the Department of Health pursuant to § 32.1-174.1.B\n\nCertificates of public convenience and necessity shall not be granted by the Commission unless, in addition to the findings required by §§ 56-265.2 and 56-265.3, it also finds that the comprehensive business plan presented in the application reasonably assures that system performance requirements for providing water supply can be met over the long term and at reasonable costs. The Commission may issue such certification with any conditions or restrictions as public interest may require.C\n\nWater or sewer companies existing on or before January 1, 1995 which extend their service at any time following the effective date of this section shall not be required to comply with the requirements thereof.D\n\nIf any applicant under this section so requests, the Commission shall not disclose the contents of the comprehensive business plan except as necessary to perform its duties.","order_by":null,"text":{"0":{"id":282758,"text":"Any company proposing to construct facilities after January 1, 1995, ultimately intended to make water or sewer service available to more than fifty residential building lots shall, prior to construction or financial commitments therefor, organize a public service corporation and seek certificates of public convenience and necessity pursuant to §§ 56-265.2 and 56-265.3. The application for such certificates shall include (i) a comprehensive business plan detailing the technical, managerial and financial resources to be devoted to operation of the water or sewer service; (ii) except in the case of a company seeking a certificate to operate a sewer service only, proof of receipt of, or application for, a permit for the facilities pursuant to Virginia Department of Health requirements under Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1; and (iii) such other information as is now or hereafter deemed appropriate by the Commission, including proof of the issuance of a bond or the deposit of funds in escrow as may be required by the Department of Health pursuant to § 32.1-174.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":282759,"text":"Certificates of public convenience and necessity shall not be granted by the Commission unless, in addition to the findings required by §§ 56-265.2 and 56-265.3, it also finds that the comprehensive business plan presented in the application reasonably assures that system performance requirements for providing water supply can be met over the long term and at reasonable costs. The Commission may issue such certification with any conditions or restrictions as public interest may require.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":282760,"text":"Water or sewer companies existing on or before January 1, 1995 which extend their service at any time following the effective date of this section shall not be required to comply with the requirements thereof.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":282761,"text":"If any applicant under this section so requests, the Commission shall not disclose the contents of the comprehensive business plan except as necessary to perform its duties.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-265.3:1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 852<\/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":[{"id":85772,"section_number":"56-265.1","catch_line":"Definitions","order_by":null,"url":"\/56-265.1\/"}],"refers_to":[{"id":62333,"section_number":"32.1-167","catch_line":"Definitions","order_by":null,"url":"\/32.1-167\/"},{"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":60647,"section_number":"56-265.3","catch_line":"Certificate to furnish public utility service; allotment of territory transfers, leases or amendments","order_by":null,"url":"\/56-265.3\/"}],"permalink":{"id":249145,"object_type":"law","relational_id":78937,"identifier":"56-265.3:1","token":"56\/10.1\/56-265.3_1","url":"\/56-265.3_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-265.3_1\/","token":"56\/10.1\/56-265.3_1","dublin_core":{"Title":"Certificates to furnish water and sewer service","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-265.3:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any company<\/span> proposing to construct facilities after January 1, 1995, ultimately intended to make water or sewer service available to more than fifty residential building lots shall, prior to construction or financial commitments therefor, organize a public service corporation<\/span> and seek certificates of public convenience and necessity pursuant to §§ 56-265.2<\/a> and 56-265.3<\/a>. The application for such certificates shall include (i) a comprehensive business plan detailing the technical, managerial and financial resources to be devoted to operation of the water or sewer service; (ii) except in the case of a company<\/span> seeking a certificate to operate a sewer service only, proof of receipt of, or application for, a permit for the facilities pursuant to Virginia Department of Health requirements under Article 2 (§ 32.1-167<\/a> et seq.) of Chapter 6 of Title 32.1; and (iii) such other information as is now or hereafter deemed appropriate by the Commission<\/span>, including proof of the issuance of a bond<\/span> or the deposit of funds in escrow as may be required by the Department of Health pursuant to § 32.1-174.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Certificates of public convenience and necessity shall not be granted by the Commission<\/span> unless, in addition to the findings<\/span> required by §§ 56-265.2<\/a> and 56-265.3<\/a>, it also finds that the comprehensive business plan presented in the application reasonably assures that system performance requirements for providing water supply can be met over the long term and at reasonable costs. The Commission<\/span> may issue<\/span> such certification with any conditions or restrictions as public interest may require. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Water or sewer companies existing on or before January 1, 1995 which extend their service at any time following the effective date of this section shall not be required to comply with the requirements thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If any applicant under this section so requests, the Commission<\/span> shall not disclose the contents of the comprehensive business plan except as necessary to perform its duties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATES TO FURNISH WATER AND SEWER SERVICE (\u00a7 56-265.3:1)\n\nA. Any company proposing to construct facilities after January 1, 1995,\nultimately intended to make water or sewer service available to more than fifty\nresidential building lots shall, prior to construction or financial commitments\ntherefor, organize a public service corporation and seek certificates of public\nconvenience and necessity pursuant to §§ 56-265.2 and 56-265.3. The\napplication for such certificates shall include (i) a comprehensive business\nplan detailing the technical, managerial and financial resources to be devoted\nto operation of the water or sewer service; (ii) except in the case of a company\nseeking a certificate to operate a sewer service only, proof of receipt of, or\napplication for, a permit for the facilities pursuant to Virginia Department of\nHealth requirements under Article 2 (§ 32.1-167 et seq.) of Chapter 6 of\nTitle 32.1; and (iii) such other information as is now or hereafter deemed\nappropriate by the Commission, including proof of the issuance of a bond or the\ndeposit of funds in escrow as may be required by the Department of Health\npursuant to § 32.1-174.1.\n\nB. Certificates of public convenience and necessity shall not be granted by the\nCommission unless, in addition to the findings required by §§ 56-265.2\nand 56-265.3, it also finds that the comprehensive business plan presented in\nthe application reasonably assures that system performance requirements for\nproviding water supply can be met over the long term and at reasonable costs.\nThe Commission may issue such certification with any conditions or restrictions\nas public interest may require.\n\nC. Water or sewer companies existing on or before January 1, 1995 which extend\ntheir service at any time following the effective date of this section shall not\nbe required to comply with the requirements thereof.\n\nD. If any applicant under this section so requests, the Commission shall not\ndisclose the contents of the comprehensive business plan except as necessary to\nperform its duties.\n\nHISTORY: 1994, c. 852.","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}}