67-1102 - Occupation of property of certain localities; imposition of terms and conditions as to use of property. - Virginia Statutes

§ 67-1102. Occupation of property of certain localities; imposition of termsand conditions as to use of property.

A. Any incorporated city or town may impose upon a renewable generator anyterms and conditions consistent herewith and supplemental hereto, as to theoccupation and use of its streets, avenues, and alleys, and as to theconstruction and maintenance of the distribution facilities of the renewablegenerator along, over, or under the same, that the city or town may deemexpedient and proper.

B. No locality shall impose any fees on a renewable generator for the use ofpublic rights-of-way except in the manner prescribed in § 67-1103.

C. No locality shall impose on a renewable generator, whether by franchise,ordinance, or other means, any restrictions or requirements concerning theuse of the public rights-of-way that are (i) unfair or unreasonable or (ii)any greater than those imposed on providers of electric or natural gasutility service.

D. Notwithstanding any other provision of law, any permit or other permissionrequired by a locality pursuant to a franchise, ordinance, or otherpermission to use the public rights-of-way of a renewable generator to usethe public rights-of-way shall be granted or denied within 45 days fromsubmission and, if denied, accompanied by a written explanation of thereasons the permit was denied and the actions required to cure the denial.

E. No locality receiving directly or indirectly a public rights-of-way usefee shall require a renewable generator to provide in-kind services orphysical assets as a condition of consent to use public rights-of-way oreasements, or in lieu of the public rights-of-way use fee.

F. A renewable generator shall have the same rights, duties andresponsibilities related to the crossing of a railroad as afforded otherpublic service corporations in §§ 56-12, 56-17, 56-18, 56-19, 56-20, 56-21,56-22, 56-25, 56-26, and 56-27. Nothing in this chapter shall expand therights of renewable generators to either cross or otherwise have access torailroad property to an extent greater than that afforded other publicservice corporations in Title 56.

(2009, c. 807.)