                                 CODE OF VIRGINIA

POWERS OF LOCALITIES AS TO PUBLIC UTILITIES AND COMPUTER SERVICES; PREVENTION OF
POLLUTION OF CERTAIN WATER (§ 15.2-2109)

A. Any locality may (i) acquire or otherwise obtain control of or (ii)
establish, maintain, operate, extend and enlarge: waterworks, sewerage, gas
works (natural or manufactured), electric plants, public mass transportation
systems, stormwater management systems and other public utilities within or
outside the limits of the locality and may acquire within or outside its limits
in accordance with &#xA7; 15.2-1800 whatever land may be necessary for
acquiring, locating, establishing, maintaining, operating, extending or
enlarging waterworks, sewerage, gas works (natural or manufactured), electric
plants, public mass transportation systems, stormwater management systems and
other public utilities, and the rights-of-way, rails, pipes, poles, conduits or
wires connected therewith, or any of the fixtures or appurtenances thereof. As
required by subsection C of &#xA7; 15.2-1800, this section expressly authorizes
a county to acquire real property for a public use outside its boundaries.
			The locality may also prevent the pollution of water and injury to waterworks
for which purpose its jurisdiction shall extend to five miles beyond the
locality. It may make, erect and construct, within or near its boundaries,
drains, sewers and public ducts and acquire within or outside the locality in
accordance with &#xA7; 15.2-1800 so much land as may be necessary to make,
erect, construct, operate and maintain any of the works or plants mentioned in
this section.
			In the exercise of the powers granted by this section, localities shall be
subject to the provisions of &#xA7; 25.1-102 to the same extent as are
corporations. The provisions of this section shall not be construed to confer
upon any locality the power of eminent domain with respect to any public utility
owned or operated by any other political subdivision of this Commonwealth. The
provisions of this section shall not be construed to exempt localities from the
provisions of Chapters 20 (&#xA7; 46.2-2000 et seq.), 22 (&#xA7; 46.2-2200 et
seq.) and 23 (&#xA7; 46.2-2300 et seq.) of Title 46.2.

B. A locality may not (i) acquire all of a public utility&#8217;s facilities,
equipment or appurtenances for the production, transmission or distribution of
natural or manufactured gas, or of electric power, within the limits of such
locality or (ii) take over or displace, in whole or in part, the utility
services provided by such gas or electric public utility to customers within the
limits of such locality until after the acquisition is authorized by a majority
of the voters voting in a referendum held in accordance with the provisions of
Article 5 (&#xA7; 24.2-681 et seq.) of Chapter 6 of Title 24.2 in such locality
on the question of whether or not such facilities, equipment or appurtenances
should be acquired or such services should be taken over or displaced; however,
the provisions of this subsection shall not apply to the use of energy generated
from landfill gas in the City of Lynchburg or Fairfax County. In no event,
however, shall a locality be required to hold a referendum in order to provide
gas or electric service to its own facilities. Notwithstanding any provision of
this subsection, a locality may acquire public utility facilities or provide
services to customers of a public utility with the consent of the public
utility. No city or town which provided electric service as of January 1, 1994,
shall be required to hold such a referendum prior to the acquisition of a public
utility&#8217;s facilities, equipment or appurtenances used for the production,
transmission or distribution of electric power or to the provision of services
to customers of a public utility. Nothing in this subsection shall be deemed to
(a) create a property right or property interest or (b) affect or impair any
existing property right or property interest of a public utility.

C. The City of Bristol is authorized to provide computer services as defined in
&#xA7; 18.2-152.2. &#8220;Computer services&#8221; as used in this section shall
specifically not include the communications link between the host computer and
any person or entity other than (i) such locality&#8217;s departments, offices,
boards, commissions, agencies or other governmental divisions or entities or
(ii) an adjoining locality&#8217;s departments, offices, boards, commissions,
agencies or other governmental divisions or entities.

HISTORY: Code 1950, § 15-715; 1962, c. 623, § 15.1-292; 1970, c. 565; 1980, c.
483; 1994, c. 634; 1996, c. 384; 1997, c. 587; 2000, c. 663; 2003, c. 940; 2007,
c. 813.