67-1103 - Public rights-of-way use fee. - Virginia Statutes

§ 67-1103. Public rights-of-way use fee.

A. Notwithstanding any other provisions of law, there is hereby established apublic rights-of-way use fee to be charged in lieu of any and all fees ofgeneral application, except for zoning, subdivision, site plan, andcomprehensive plan fees of general application, otherwise chargeable to arenewable generator by the Commonwealth Transportation Board or a locality inconnection with a permit for such occupation and use granted in accordancewith § 67-1101 or 67-1102. The public rights-of-way use fee established bythis section is imposed on all renewable generators that occupy and usepublic rights-of-way in order to (i) supply electricity generated at itsrenewable energy facility to the electric distribution grid, (ii) distributesteam generated at its renewable energy facility to customers, or (iii)supply landfill gas to customers or to a natural gas distribution ortransmission pipeline.

B. The amount of the public rights-of-way use fee for a renewable generatorshall be $1,500 per mile or any portion thereof over which the renewablegenerator has installed distribution facilities.

C. A renewable generator shall remit its required public rights-of-way usefee to the locality or the Department of Transportation, as applicable, priorto initiation of construction, as follows:

1. The renewable generator shall remit directly to the applicable localityall public rights-of-way use fees billed in (i) cities; (ii) towns whosepublic streets and roads are not maintained by the Department ofTransportation; and (iii) any county that has withdrawn or elects to withdrawfrom the secondary system of state highways under the provisions of § 11 ofChapter 415 of the Acts of Assembly of 1932 and that has elected not toreturn.

2. The public rights-of-way use fees in all other counties shall be remittedby each renewable generator to the Department of Transportation, and shallfirst be used to offset the administrative costs of processing the permitwith the remaining fee being added to the secondary system constructionimprovement program funds of the counties where the facilities are located.

(2009, c. 807.)