                                 CODE OF VIRGINIA

UNDERGROUND ELECTRIC DISTRIBUTION, TELECOMMUNICATIONS, CABLE, AND OTHER UTILITY
FACILITIES (§ 15.2-816.1)

A. The governing body of any locality operating under the urban county executive
form of government may request an electric utility, telecommunications provider,
cable provider, or other utility to enter into an agreement with the locality to
place underground electric distribution, facilities, telecommunications
facilities, cable facilities, or other utility facilities as part of a
transportation infrastructure improvement project, a commercial or industrial
improvement project, or roads serving any such project that the Commonwealth
Transportation Board or such locality identifies that reduce congestion, improve
mobility, improve transit system infrastructure, improve safety, or improve
service or access to such project.

B. If the parties desire to proceed, the locality operating under the urban
county executive form of government shall enter into an agreement with an
electric utility, telecommunications provider, cable provider, or other utility
that provides that (i) the locality shall pay to the utility or provider its
full costs of relocating and converting that portion of the facility located in
the locality underground rather than overhead, minus the net of relocation
credits; (ii) the utility or provider shall convert, operate, and maintain the
agreed portion of the facility underground in cooperation with any other utility
or provider with facilities placed underground there; (iii) the agreement is
contingent upon the adoption of the levy set forth in subsection C; and (iv)
other terms and conditions on which the parties may agree shall be included in
the agreement. No agreement shall require any telecommunications provider or
cable provider to share conduit.

C. If the locality operating under the urban county executive form of government
and the utility enter into an agreement as described in subsection B, the
locality may impose an additional levy on electric utility customers in the
locality pursuant to &#xA7; 58.1-3814. The locality shall by ordinance fix the
amount of such additional levy, which shall not exceed $1 per month on
residential customers and shall not exceed 6.67 percent of the monthly amount
charged to nonresidential consumers of the utility service. The initial proceeds
of such levy shall be dedicated to a project incorporating bus rapid transit on
a road in the National Highway System serving a Metrorail station and an
anticipated extension of Metrorail in a designated revitalization area in such
locality. The provider of billing services shall bill the tax to all users who
are subject to the tax and to whom it bills for electricity service and shall
remit such tax to the appropriate locality. Any levy imposed pursuant to this
section shall be in addition to the limit for any utility consumer tax
prescribed in &#xA7; 58.1-3814. If the provisions of this section are
inconsistent with the provisions of &#xA7; 58.1-3814, the provisions of this
section shall be controlling.

D. The locality may, or the Commissioner of Highways, upon presentation of the
agreement to the Commonwealth Transportation Board, shall, be responsible for
securing the necessary easements and permits for the utility or provider
necessary for the conversion of the existing distribution, telecommunication,
cable, or other utility facilities.

E. With the exception of any local zoning ordinances and review under &#xA7;
15.2-2232 or any cable franchise agreement, if the provisions of this section
are inconsistent with the provisions of any other law or local ordinance, the
provisions of this section shall be controlling.

F. For purposes of this section, the term &#8220;electric utility&#8221;
includes any cooperative, as that term is defined in &#xA7; 56-231.15, operating
within the locality.

HISTORY: 2019, c. 792; 2021, Sp. Sess. I, c. 505.