Virginia 2019 Regular Session Status: Enacted

HB 2738 — Public utilities; acquisition of rights-of-way for economic development sites.

Last action — Approved by Governor-Chapter 494 (effective 7/1/19)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2019. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Authorizes a public utility providing water, sewer, electric, or natural gas service to propose an Economic Development Program (Program) under which it may acquire utility right-of-way for one or more qualified economic development sites. A proposal for a Program is required to include an analysis of how acquiring the rights-of-way will enhance the Commonwealth's infrastructure and promote the Commonwealth's competitive business environment by improving the readiness of a qualified economic development site. The measure establishes criteria for the Virginia Economic Development Partnership Authority to certify that an industrial site is a qualified economic development site. The State Corporation Commission (SCC) is authorized to approve a proposal for a Program that satisfies certain conditions, including findings that (i) implementation of the Program will provide significant economic development benefits that might not otherwise be attained absent its approval and (ii) the Program is designed only to acquire utility rights-of-way to a qualified economic development site and not to provide service to other customers or potential customers. A utility's capital investment is capped at one percent of gross plant investment in the aggregate of all of the utility's Programs and at $5 million for any specific qualified economic development site. This bill is identical to

Bill Text

What changed in the latest version

13 added · 12 removed

Plain-language change summary

The bill HB 2738 has been amended to include a clearer definition of what "acquire utility rights-of-way" means, encompassing various activities like planning and permitting necessary for development projects. Additionally, the language surrounding the certification process by the Virginia Economic Development Partnership has been refined to ensure that sites are recognized as qualified for economic development. These changes help clarify the process for acquiring land necessary for utility infrastructure, which can foster economic growth and development in Virginia.

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend the Code of Virginia by adding a section numbered 56-235.12, relating to public utilities;
SESSION history | hilite | pdf | print version CHAPTER 494 An Act to amend the Code of Virginia by adding a section numbered 56-235.12, relating to public utilities;
[H 2738] Approved   Be it enacted by the General Assembly of Virginia:
[H 2738] Approved March 18, 2019   Be it enacted by the General Assembly of Virginia:
View plain text versions (4)

Action History

  1. Approved by Governor-Chapter 494 (effective 7/1/19)

  2. Governor's Action Deadline Midnight, March 26, 2019

  3. Enrolled Bill communicated to Governor on February 21, 2019

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Read third time

  8. Referred to Committee on Commerce and Labor

  9. Constitutional reading dispensed

  10. Read third time and passed House (85-Y 13-N)

  11. Engrossed by House - committee substitute HB2738H1

  12. Committee substitute agreed to 19105626D-H1

  13. Read second time

  14. Read first time

  15. Referred to Committee on Commerce and Labor

  16. Presented and ordered printed 19104165D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 143 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate

Passed 37 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37300
Total 37300
% of votes cast 93%8%0%0%
How each member voted (40)
Member Party Vote
Carrico — Yea
McClellan — Yea
Spruill — Nay
Black — Yea
Chafin — Yea
Dance — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Dance — Yea
McClellan — Yea
Spruill — Yea
Black — Yea
Carrico — Yea
Chafin — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 19 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19100
Total 19100
% of votes cast 95%5%0%0%
How each member voted (20)
Member Party Vote
Ransone — Yea
Marshall — Yea
Bell, Robert B. — Yea
Bourne — Yea
Byron — Yea
Filler-Corn — Yea
Heretick — Yea
Hugo — Yea
Kory — Nay
Lindsey — Yea
Mullin — Yea
Toscano — Yea
Yancey — Yea
Christopher T. Head — Yea
Israel D. O'Quinn — Yea
Lamont Bagby — Yea
Michael J. Webert — Yea
R. Lee Ware — Yea
Terry G. Kilgore — Yea
Tony O. Wilt — Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 2738 do?
Authorizes a public utility providing water, sewer, electric, or natural gas service to propose an Economic Development Program (Program) under which it may acquire utility right-of-way for one or more qualified economic development sites. A proposal for a Program is required to include an analysis of how acquiring the rights-of-way will enhance the Commonwealth's infrastructure and promote the Commonwealth's competitive business environment by improving the readiness of a qualified economic development site. The measure establishes criteria for the Virginia Economic Development Partnership Authority to certify that an industrial site is a qualified economic development site. The State Corporation Commission (SCC) is authorized to approve a proposal for a Program that satisfies certain conditions, including findings that (i) implementation of the Program will provide significant economic development benefits that might not otherwise be attained absent its approval and (ii) the Program is designed only to acquire utility rights-of-way to a qualified economic development site and not to provide service to other customers or potential customers. A utility's capital investment is capped at one percent of gross plant investment in the aggregate of all of the utility's Programs and at $5 million for any specific qualified economic development site. This bill is identical to
Who sponsors HB 2738?
HB 2738 is sponsored by Lamont Bagby, Timothy D. Hugo, R. Steven Landes, Heretick, Steve E., and Bourne, Jeffrey M..
What is the current status of HB 2738?
This bill has been enacted into law. Introduced January 16, 2019. Enacted.
Where can I track HB 2738?
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