Utility easements; broadband or other communications services.
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SB 539 — Utility easements; broadband or other communications services.
Last action — Incorporated by Commerce and Labor (SB794-Lewis) (15-Y 0-N)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Utility easements; broadband or other communicationsservices. Declares that it is policy of the Commonwealth that (i) existingor future easements for the location and use of electric facilities be used to provideor expand broadband or other communications services; (ii) such use of sucheasements is in the public interest; (iii) the use of such easements for theprovision of broadband or other communications services, where no additionalpoles are erected, does not constitute a change in the physical use of theeasement, interfere with or impair any vested rights of the owner or occupierof the servient estate, nor does it place any additional burden on the servientestate; and (iv) the installation and operation of broadband or othercommunications services within an existing or future electric easement aremerely changes in the manner, purpose, or degree of the granted use asappropriate to accommodate a new technology. The measure also establishes that inthe absence of any express prohibition on the installation and operation ofbroadband services in an existing electric easement, the installation andoperation of broadband services within the existing electric easement shall bedeemed as a matter of law to be permitted uses within the scope of everyeasement for the location and use of electricity facilities. The measure alsolimits the damages that a landowner may be awarded in any trespass actionagainst a public utility or a broadband service provider or any of itsemployees, agents, officers, attorneys, directors, representatives, orcontractors arising from the installation, maintenance, or operation of anyutility poles, wires, conduit, or other infrastructure or fiber optic cablingto the lesser of actual damages or $2,000 per tract of land.
Bill Text
- Impact statement from SCC (SB539) View text Current html January 07, 2020
Action History
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Incorporated by Commerce and Labor (SB794-Lewis) (15-Y 0-N)
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Assigned C&L sub: Energy
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Impact statement from SCC (SB539)
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/08/20 20104755D
Sponsors
- Mark J. Peake · Primary
- Kaye Kory · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 539 do?
- Utility easements; broadband or other communicationsservices. Declares that it is policy of the Commonwealth that (i) existingor future easements for the location and use of electric facilities be used to provideor expand broadband or other communications services; (ii) such use of sucheasements is in the public interest; (iii) the use of such easements for theprovision of broadband or other communications services, where no additionalpoles are erected, does not constitute a change in the physical use of theeasement, interfere with or impair any vested rights of the owner or occupierof the servient estate, nor does it place any additional burden on the servientestate; and (iv) the installation and operation of broadband or othercommunications services within an existing or future electric easement aremerely changes in the manner, purpose, or degree of the granted use asappropriate to accommodate a new technology. The measure also establishes that inthe absence of any express prohibition on the installation and operation ofbroadband services in an existing electric easement, the installation andoperation of broadband services within the existing electric easement shall bedeemed as a matter of law to be permitted uses within the scope of everyeasement for the location and use of electricity facilities. The measure alsolimits the damages that a landowner may be awarded in any trespass actionagainst a public utility or a broadband service provider or any of itsemployees, agents, officers, attorneys, directors, representatives, orcontractors arising from the installation, maintenance, or operation of anyutility poles, wires, conduit, or other infrastructure or fiber optic cablingto the lesser of actual damages or $2,000 per tract of land.
- Who sponsors SB 539?
- SB 539 is sponsored by Mark J. Peake and Kory, Kaye.
- What is the current status of SB 539?
- This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 539?
- Track SB 539 free on One Click Politics — get push/email alerts when it moves.
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