15.2-2109.3 - Provision of natural gas distribution service within counties.

§ 15.2-2109.3. Provision of natural gas distribution service within counties.

Any municipal corporation or public service authority created under theVirginia Water and Waste Authorities Act (§ 15.2-5100 et seq.) shall have theauthority:

1. To purchase natural gas for resale within an area as described insubdivision 2 from any public utility that is certificated to provide naturalgas distribution service within the Commonwealth, on such terms andconditions as the parties to such sale may agree;

2. To provide natural gas distribution service within any underserved area orcounty that is adjacent to the boundaries of the municipal corporation or anypolitical subdivision that is a member of the public service authority, asapplicable, provided that the area is not within the certificated territoryassigned to a public utility for the provision of natural gas service, uponnotifying the State Corporation Commission of its commitment to provide suchservice in such areas. The municipality or public service authority shall notbe required to obtain a certificate of public convenience and necessity fromthe State Corporation Commission as a condition to providing natural gasdistribution service within any such area; and

3. Upon notifying the State Corporation Commission of its commitment toprovide natural gas distribution service in such areas as described insubdivision 2, to exercise the same rights that a public service authorityestablished pursuant to the Virginia Water and Waste Authorities Act (§15.2-5100 et seq.) has to acquire, purchase, lease as lessee, construct,reconstruct, improve, extend, operate, and maintain any lines, pipelines, orother improvements necessary or appropriate for the provision of anystormwater control system or water or waste system or any combination of suchsystems under § 15.2-5114, except that such powers, including the powers toacquire by gift, purchase, or the exercise of the right of eminent domainlands or rights in land or water rights in connection therewith, except thatsuch powers shall apply to the provision of natural gas distribution service,mutatis mutandis.

(2009, c. 749.)