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Public Service Companies

P Passed

P HB460

Public utilities. Adds licensed competitive providers of electrical service to the list of entities from whom lessors may purchase electricity, natural gas, and water for resale to their tenants. A provision prohibiting multiple rate increases in a 12-month period by telephone cooperatives is removed because the SCC does not regulate the rates charged by telephone cooperatives. Finally, the bill corrects a Code citation.

Patron - Morgan

P HB746

Utility consumer services cooperatives; utility aggregation cooperatives. Clarifies the authority of utility consumer services cooperatives to sell retail electricity to their members when the competitive market emerges in 2002. Electric cooperatives conducting regulated utility services may not conduct unregulated business activities, other than traditional cooperative activities, except through an affiliate. "Traditional cooperative activities" are defined as businesses, services, or activities in which cooperatives have traditionally engaged in Virginia. The bill also amends and clarifies aspects of cooperative corporate governance and makes certain provisions consistent with Virginia's existing corporate statutes by (i) eliminating references to the consolidation of cooperatives, (ii) permitting cooperatives to have one or more classes of membership if set forth in the cooperative's bylaws, and (iii) clarifying that only members of a cooperative can be elected to the board of directors.

Patron - Cantor

P HB792

Public utilities; landfill gas. Excludes companies selling or delivering landfill gas and/or electricity generated from landfill gas, from a solid waste management facility permitted by the Department of Environmental Quality from the definition of a public utility. The exclusion applies to any company that sells the landfill gas (i) to not more than one commercial or industrial purchaser, (ii) from the solid waste management facility, and (iii) after the natural gas or electric public utility, municipal corporation or county providing gas service does not agree, within sixty days after the company makes an offer, to purchase the gas on mutually satisfactory terms. The public utility within whose certificated gas service territory the purchaser of the landfill gas is located may file for approval of a proposed tariff to reflect any changes in service resulting from the purchaser's use of the landfill gas.

Patron - Deeds

P HB797

Powers of cooperatives. Prohibits utility consumer services cooperatives and utility aggregation cooperatives, and their affiliates, from engaging on a not-for-profit basis in business activities (other than regulated electric utility services, unregulated sales of electric power to its members within its certificated service territory, and traditional cooperative activities) unless such business activity is not currently provided by any person other than a cooperative. The State Corporation Commission must first determine that (i) no other person is likely to provide the products or services within a reasonable time or (ii) the co-op's affiliate will not receive the benefit of any federal tax exemption that is not available to persons other than cooperatives and will not receive the benefit of federally guaranteed or subsidized financing not available to non-cooperatives. These restrictions do not apply to business activities of a cooperative or its affiliate in operation on or before July 1, 1999.

Patron - Wagner

P HB1377

Public utilities; termination of power supply to sewerage systems. Requires operators of sewerage systems to notify their energy supply utilities, the SCC, and the Department of Environmental Quality, in writing, that they operate sewage treatment facilities. No utility supplying energy to a sewerage system shall suspend service to a sewerage system without giving the SCC and the Director of the Department of Environmental Quality 10 days' written notice.

Patron - Armstrong

P SB160

Public utilities; landfill gas. Excludes companies selling or delivering landfill gas, electricity generated from landfill gas, or both, derived from a solid waste management facility permitted by the Department of Environmental Quality from the definition of a public utility. The exclusion applies to any company that sells the landfill gas (i) to not more than one commercial or industrial purchaser, (ii) from the solid waste management facility, and (iii) after the natural gas or electric public utility or municipal corporation providing gas service does not agree, within 60 days after the company makes an offer, to purchase the gas or electricity on mutually satisfactory terms. The public utility within whose certificated gas service territory the purchaser of the landfill gas or electricity is located may file for approval of a proposed tariff to reflect any changes in service resulting from the purchaser's use of the landfill gas.

Patron - Watkins

P SB225

Blocking caller identification to telephone number #77. Designates #77 as an official access number for wireless telephone usage for access to designated offices of the Department of State Police. Such number shall be used solely for official business. Callers are prohibited from blocking caller identification or other essential information on calls to that number. Providers of telecommunications services will not be liable for civil damages for services related to #77 calls unless resulting from gross negligence or willful misconduct.

Patron - Stolle

P SB403

Powers of cooperatives. Prohibits utility consumer services cooperatives and utility aggregation cooperatives, and their affiliates, from engaging on a not-for-profit basis in business activities (other than regulated electric utility services, unregulated sales of electric power to its members within its certificated service territory, and traditional cooperative activities), unless such business activity is not currently provided by any person other than a cooperative. In addition, the State Corporation Commission must first determine that (i) no other person is likely to provide the products or services within a reasonable time or (ii) the co-op's affiliate will not receive the benefit of any federal tax exemption that is not available to persons other than cooperatives and will not receive the benefit of federally guaranteed or subsidized financing not available to non-cooperatives. These restrictions do not apply to the business activities of a cooperative or its affiliate in operation on or before July 1, 1999.

Patron - Trumbo

P SB445

Public utilities; underground utility line separation standards. Eliminates the statutory minimum standards for separation of underground utility lines and requires operators to adhere to minimum separation standards established by National Electric Safety Code, the SCC, the Department of Health, and standards established by the Utility Industry Coalition of Virginia, regardless of whether lines are under public or private land. The charges are effective July 1, 2001, and the Commission shall publish its proposed regulations for comment by January 1, 2001. The bill provides that the Commission may not order action by, or impose penalties on, any county, city or town. However, the Commission shall inform counties, cities and towns of alleged violations by the locality of the accepted industry standards or regulations adopted under this section and, at the request of the locality, suggest corrective action.

Patron - Mims

P SB532

Electric utility restructuring; capped rates. Authorizes the State Corporation Commission to adjust the capped rates charged by certain distribution cooperatives to match the cost of providing distribution services. Capped rates are effective from January 1, 2001, until as late as July 1, 2007, for each service territory of every incumbent utility. Until the end of the capped rate period, the electric utility shall make electric service available at capped rates to any customer in the incumbent electric utility's service territory.

Patron - Watkins

P SB585

Electric utility restructuring. Directs the Virginia State Corporation Commission to recommend to the Legislative Transition Task Force, on or before January 1, 2001, whether electric metering services, electric billing services, or both, may be provided competitively. The Commission's recommendations may vary by service, type of seller, region, incumbent electric utility and customer group. The recommendation shall take into account, among other factors, the technological feasibility of furnishing any such services on a competitive basis. The recommendation shall also include a draft plan for implementation of competition for metering services and billing services. Competition for such services may be implemented concurrently or pursuant to separate schedules as determined by the General Assembly. Other provisions (i) clarify when municipalities and other political subdivisions may aggregate intra- and inter-governmental load without the necessity of obtaining a license as aggregators; (ii) clarify that the wires charges calculated by the Commission shall not be less than zero; (iii) authorize the Commission to implement its proposed consumer education recommendations and to fund the program through the Commission's regulatory tax; (iv) provide that capped rates established pursuant to rate applications made prior to January 1, 2001, will be interim in nature and subject to refund with interest until the Commission has completed its investigations of these applications, and (v) provides for certain adjustments in determining the projected market price for generation. The measure also clarifies what activities constitute aggregation, and includes several technical amendments. The bill is a recommendation of the Legislative Transition Task Force.

Patron - Norment

P SB594

Utility consumer services cooperatives; utility aggregation cooperatives. Clarifies the authority of utility consumer services cooperatives to sell retail electricity to their members when the competitive market emerges in 2002. Electric cooperative conducting regulated utility services may not conduct unregulated business activities, other than traditional cooperative activities, except through an affiliate. "Traditional cooperative activities" are defined as businesses, services, or activities in which cooperatives have traditionally engaged in Virginia. In addition, the bill amends and clarifies aspects of cooperative corporate governance and makes certain provisions consistent with Virginia's existing corporate statutes by (i) eliminating references to the consolidation of cooperatives, (ii) permitting cooperatives to have one or more classes of membership if set forth in the cooperative's bylaws, and (iii) clarifying that only members of a cooperative can be elected to the board of directors.

Patron - Norment

F Failed

F HB864

Public service companies; underground utility line standards. Requires operators with authority to install underground utility lines or facilities to do so in accordance with the accepted industry standards and applicable regulations such as the National Electrical Safety Code, the Commission's Pipeline Safety Regulations, and the Department of Health's Waterworks Regulations.

Patron - Wagner

F HB1003

Private railroad grade crossings. Prohibits closure of certain railroad crossings by railroads without written permission from certain affected landowners.

Patron - Jones, J.C.

F SB339

Underground Utility Damage Prevention Act. Prohibits the State Corporation Commission from requiring any person to report any probable violation of the Underground Utility Damage Prevention Act or any incident involving damage, dislocation, or disturbance of any utility line. The authority of the Commission to allow the voluntary reporting of probable violations of the Act is affirmed.

Patron - Bolling

C Carried Over

C HB875

Private railroad grade crossings. Prohibits closure of certain railroad crossings by railroads without written permission from certain affected landowners.

Patron - Ruff

C HB888

Underground Utility Damage Prevention Special Fund; civil penalties. Requires the filing of a specific complaint and request for the imposition of civil penalties before the SCC may impose civil penalties.

Patron - Wagner

C HB1054

Deaf and hard-of-hearing; Virginia Relay. Creates the Consumer Advisory Board for Virginia Relay within the Department for the Deaf and Hard-of-Hearing to provide consumer advice on Virginia's telecommunications relay service to state agencies as to whether it is meeting the needs of its clients and to assist in providing information about access to services. The bill contains a technical amendment.

Patron - Marshall

C HB1480

Cable television; broadband Internet access. Requires franchised cable television franchisees to provide any requesting Internet service provider (ISP) access to its broadband Internet access transport services on nondiscriminatory rates, terms, and conditions. The access is to be provided at any technically feasible point selected by the requesting ISP. If a cable operator providing broadband Internet access transport services becomes subject to more extensive access requirements imposed by any other jurisdiction in the United States, a requesting ISP may require the cable operator to comply with such more extensive access requirements. An ISP that is denied access in violation of this act may bring a private action. The substantially prevailing party may be awarded reasonable costs, expenses, and attorneys fees. The Attorney General and the locality issuing the cable franchise may also bring actions to enforce the requirements for access.

Patron - Robinson

C SB478

Private railroad grade crossings. Prohibits closure of certain railroad crossings by railroads without written permission from certain affected landowners.

Patron - Martin

C SB707

Cable television; broadband Internet access. Requires franchised cable television franchisees to provide any requesting Internet service provider (ISP) access to its broadband Internet access transport services on nondiscriminatory rates, terms, and conditions. The access is to be provided at any technically feasible point selected by the requesting ISP. If a cable operator providing broadband Internet access transport services becomes subject to more extensive access requirements imposed by any other jurisdiction in the United States, a requesting ISP may require the cable operator to comply with such more extensive access requirements. An ISP that is denied access in violation of this act may bring a private action. The substantially prevailing party may be awarded reasonable costs, expenses, and attorneys fees. The Attorney General and the locality issuing the cable franchise may also bring actions to enforce the requirements for access.

Patron - Barry