67-1104 - Reimbursement for relocation costs. - Virginia Statutes

§ 67-1104. Reimbursement for relocation costs.

A. Renewable generators shall be reimbursed 100 percent of the eligible costof relocating distribution facilities installed in the public rights-of-way,for the first three years after the completion of the installation, that areincurred at the direction of a locality that imposes by ordinance the publicrights-of-way use fee or the Department of Transportation in any publicrights-of-way in accordance with §§ 56-458 and 56-462. For the fourth throughsixth year after the completion of the installation, the renewable generatorshall be reimbursed 50 percent of the eligible cost for the relocation offacilities installed in the public rights-of-way. Beginning in the seventhyear, the renewable generators shall be responsible for the cost ofrelocating facilities installed in the public rights-of-way. Suchreimbursement shall be received from either (i) the locality that granted thepermit or franchise to use such right-of-way or (ii) the CommonwealthTransportation Board if the road or street is in the State Highway System orthe secondary system of state highways.

B. The amount of relocation reimbursement in any fiscal year to be reimbursedunder this section shall not exceed the amount of public rights-of-way usefees received by that locality or the Department of Transportation from therenewable generator required to relocate its distribution facilities.

(2009, c. 807.)