                                 CODE OF VIRGINIA

PROVISION OF NATURAL GAS DISTRIBUTION SERVICE WITHIN COUNTIES (§ 15.2-2109.3)

Any municipal corporation or public service authority created under the Virginia
Water and Waste Authorities Act (§ 15.2-5100 et seq.) shall have the authority:

1. To purchase natural gas for resale within an area as described in subdivision
2 from any public utility that is certificated to provide natural gas
distribution service within the Commonwealth, on such terms and conditions as
the parties to such sale may agree;

2. To provide natural gas distribution service within any underserved area or
county that is adjacent to the boundaries of the municipal corporation or any
political subdivision that is a member of the public service authority, as
applicable, provided that the area is not within the certificated territory
assigned to a public utility for the provision of natural gas service, upon
notifying the State Corporation Commission of its commitment to provide such
service in such areas. The municipality or public service authority shall not be
required to obtain a certificate of public convenience and necessity from the
State Corporation Commission as a condition to providing natural gas
distribution service within any such area; and

3. Upon notifying the State Corporation Commission of its commitment to provide
natural gas distribution service in such areas as described in subdivision 2, to
exercise the same rights that a public service authority established pursuant to
the Virginia Water and Waste Authorities Act (&#xA7; 15.2-5100 et seq.) has to
acquire, purchase, lease as lessee, construct, reconstruct, improve, extend,
operate, and maintain any lines, pipelines, or other improvements necessary or
appropriate for the provision of any stormwater control system or water or waste
system or any combination of such systems under &#xA7; 15.2-5114, except that
such powers, including the powers to acquire by gift, purchase, or the exercise
of the right of eminent domain lands or rights in land or water rights in
connection therewith, except that such powers shall apply to the provision of
natural gas distribution service, mutatis mutandis.

HISTORY: 2009, c. 749.