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 (§
   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 § 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.