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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78990</law_id><section_number>56-265.2:1</section_number><catch_line>Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>56-265.2</reference><reference>62.1-44.15:21</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="1" identifier="10.1">Utility Facilities Act</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Whenever a certificate is required pursuant to &#xA7; <a class="law" title="Certificate of convenience and necessity required for acquisition, etc., of new facilities" href="/56-265.2/">56-265.2</a> for the construction of a pipeline for the transmission or distribution of manufactured or natural gas, the <span class="dictionary">Commission</span> shall consider the effect of the pipeline on the <span class="dictionary">environment</span>, public safety, and economic development in the Commonwealth, and may establish such reasonably practical conditions as may be necessary to minimize any adverse <span class="dictionary">environmental</span> or public safety impact. In such proceedings, the <span class="dictionary">Commission</span> shall receive and consider all reports by state agencies concerned with <span class="dictionary">environmental</span> protection; and, if requested by any county or <span class="dictionary">municipality</span> in which the pipeline is proposed to be constructed, local comprehensive plans that have been adopted pursuant to Article 3 (&#xA7; <a class="law" title="Comprehensive plan to be prepared and adopted; scope and purpose" href="/15.2-2223/">15.2-2223</a> et seq.) of Chapter 22 of Title 15.2. <a id="paragraph-282924" class="section-permalink" href="https://vacode.org/56-265.2_1/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> The <span class="dictionary">Commission</span> shall not approve construction of any such pipeline unless the <span class="dictionary">public utility</span> has provided 30 days&#x2019; advance public notice of the proposed pipeline by (i) publishing a notice in a newspaper or newspapers of general circulation in each of the counties and municipalities through which the pipeline is proposed to be constructed, (ii) providing written notice to the governing body of each such county and <span class="dictionary">municipality</span>, (iii) causing to be sent a copy of the notice by first class <span class="dictionary">mail</span> to all owners of property within the route of the proposed pipeline, as indicated on the map or sketch of the route filed with the <span class="dictionary">Commission</span>, which requirement shall be satisfied by mailing the notice to such <span class="dictionary">persons</span> at such addresses as are indicated in the land books maintained by the commissioner of revenue, director of finance or treasurer of the county or <span class="dictionary">municipality</span>, and (iv) filing a copy of any plans, specifications, or maps of the proposed pipeline with the <span class="dictionary">Commission</span>, which plans, specifications, or maps shall be made available for public inspection at the <span class="dictionary">Commission</span>&#x2019;s business office, during normal business hours. Any notice required by this subsection shall include a written description of the proposed route the line is to follow, a map or sketch of the route, and information regarding the time period during which <span class="dictionary">persons</span> may request a public <span class="dictionary">hearing</span> under subsection C of this section. <a id="paragraph-282925" class="section-permalink" href="https://vacode.org/56-265.2_1/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> If, within 45 days after publication and mailing of the notices required in subsection B of this section, any interested <span class="dictionary">party</span> requests a public <span class="dictionary">hearing</span>, the <span class="dictionary">Commission</span> shall, as soon as reasonably practicable after such request, hold such <span class="dictionary">hearing</span> or <span class="dictionary">hearings</span> at such place as may be designated by the <span class="dictionary">Commission</span>. If written requests therefor are received from 20 or more <span class="dictionary">interested parties</span>, the <span class="dictionary">Commission</span> shall hold at least one <span class="dictionary">hearing</span> in the area that would be affected by construction of the pipeline, for the purpose of receiving public comment on the proposal. If any <span class="dictionary">hearing</span> is to be held in the area affected, the <span class="dictionary">Commission</span> shall direct that a copy of the <span class="dictionary">transcripts</span> of any previous <span class="dictionary">hearings</span> held in the case be made available for public inspection at a convenient location in the area for a reasonable time before such local <span class="dictionary">hearing</span>. <a id="paragraph-282926" class="section-permalink" href="https://vacode.org/56-265.2_1/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> For the purposes of this section, &#x201C;<span class="dictionary">interested parties</span>&#x201D; means the governing bodies of any counties or municipalities through which the pipeline is to be constructed, and <span class="dictionary">persons</span> residing or owning property within one-half mile of such pipeline. For the purposes of this section, &#x201C;<span class="dictionary">environment</span>&#x201D; or &#x201C;<span class="dictionary">environmental</span>&#x201D; shall be deemed to include in meaning &#x201C;historic.&#x201D; <a id="paragraph-282927" class="section-permalink" href="https://vacode.org/56-265.2_1/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> If a significantly different route is determined more desirable after the giving of the notice required in subsection B of this section, the <span class="dictionary">Commission</span> shall cause notice of the new route or routes to be published and mailed in accordance with subsection B of this section. The <span class="dictionary">Commission</span> shall thereafter comply with the provisions of this section to the full extent necessary to give <span class="dictionary">interested parties</span> in the newly affected areas the same protection afforded <span class="dictionary">interested parties</span> affected by the route described in the original notice. <a id="paragraph-282928" class="section-permalink" href="https://vacode.org/56-265.2_1/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> Approval of a pipeline pursuant to this section shall be deemed to satisfy and supersede the requirements of &#xA7; <a class="law" title="Legal status of plan" href="/15.2-2232/">15.2-2232</a> and local zoning <span class="dictionary">ordinances</span> with respect to such pipeline and related facilities; however, the <span class="dictionary">Commission</span> shall not approve the construction of a natural gas compressor station in an area zoned exclusively for residential use unless the <span class="dictionary">public utility</span> provides certification from the local governing body that the natural gas compressor station is consistent with the zoning <span class="dictionary">ordinance</span>. The certification required by this subsection shall be deemed to have been waived unless the local governing body informs the <span class="dictionary">Commission</span> and the <span class="dictionary">public utility</span> of the natural gas compressor station&#x2019;s compliance or noncompliance within 45 days of the <span class="dictionary">public utility</span>&#x2019;s written request. <a id="paragraph-282929" class="section-permalink" href="https://vacode.org/56-265.2_1/#F"><i class="fa fa-link"/></a></p></section></text><history>1995, c. 311; 2001, c. 758; 2014, cc. 467, 507.</history><metadata></metadata></law>
