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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59749</law_id><section_number>56-265.4:1</section_number><catch_line>Furnishing of electric public utility service or provision of facilities therefor by municipal corporations and other governmental bodies</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>56-580</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><p>If any <span class="dictionary">municipal corporation</span> or other governmental body, having legal authority by charter or other <span class="dictionary">law</span>, shall desire to supply electric <span class="dictionary">public utility</span> service, or construct, enlarge or acquire, by lease or otherwise, any electric utility facilities, outside its political boundaries, it shall have power to enter into agreements in that regard with affected public utilities which shall be binding in accordance with their terms and for the period therein provided; but no <span class="dictionary">contract</span> entered into under this section shall limit the power of the <span class="dictionary">Commission</span> to fix <span class="dictionary">rates</span> and to otherwise regulate a <span class="dictionary">public utility</span>. No such service by a <span class="dictionary">municipal corporation</span> or other governmental body shall be provided, or facilities constructed, enlarged or acquired, in territory allotted to any <span class="dictionary">public utility</span> by the <span class="dictionary">Commission</span> except in territory served by such <span class="dictionary">municipal corporation</span> or other governmental body on June 26, 1964, unless the affected <span class="dictionary">public utility</span> shall consent by such an agreement or the <span class="dictionary">Commission</span> shall grant a certificate therefor upon application by the <span class="dictionary">municipal corporation</span> or other governmental body pursuant to &#xA7;&#xA0;<a class="law" title="Certificate to operate in territory of another certificate holder" href="/56-265.4/">56-265.4</a>, authority for which certification is hereby granted. Provided, however, this limitation on the extension of <span class="dictionary">public utility</span> service by any <span class="dictionary">municipal corporation</span> or governmental body outside its political boundaries shall not be applicable to cities or towns extending their service in accordance with the provisions of &#xA7;&#xA0;<a class="law" title="Extension of service by cities and towns into annexed areas" href="/56-265.4_2/">56-265.4:2</a>. No <span class="dictionary">public utility</span> shall extend its electric <span class="dictionary">public utility</span> service, or construct, enlarge or acquire, by lease or otherwise, any electric utility facilities, in territory served exclusively by a <span class="dictionary">municipal corporation</span> or other governmental body on June 26, 1964, unless such <span class="dictionary">municipal corporation</span> or other governmental body shall consent by such an agreement. In case of question as to the scope of the territory served by a <span class="dictionary">municipal corporation</span> or other governmental body on June 26, 1964, the <span class="dictionary">Commission</span> may, and on application by either such <span class="dictionary">public utility</span> or such <span class="dictionary">municipal corporation</span> or other governmental body shall, decide such question and allot such territory accordingly, between such <span class="dictionary">public utility</span> and such <span class="dictionary">municipal corporation</span> or other governmental body, in which event any expansion of service outside the territory so allotted shall be subject to the applicable provisions of this chapter, provided, however, that nothing contained herein shall prevent any <span class="dictionary">municipal corporation</span> from constructing or maintaining facilities in county areas for the purpose of generating or purchasing electricity to be transmitted into the service area of such <span class="dictionary">municipal corporation</span>.</p></section></text><history>1964, c. 228; 1978, c. 325.</history><metadata></metadata></law>
