56-265.2:1 - Approval by Commission required for construction of certain gas pipelines and related facilities; n...
§ 56-265.2:1. Approval by Commission required for construction of certain gaspipelines and related facilities; notice and hearing.
A. Whenever a certificate is required pursuant to § 56-265.2 for theconstruction of a pipeline for the transmission or distribution ofmanufactured or natural gas, the Commission shall consider the effect of thepipeline on the environment, public safety, and economic development in theCommonwealth, and may establish such reasonably practical conditions as maybe necessary to minimize any adverse environmental or public safety impact.In such proceedings, the Commission shall receive and consider all reports bystate agencies concerned with environmental protection; and, if requested byany county or municipality in which the pipeline is proposed to beconstructed, local comprehensive plans that have been adopted pursuant toArticle 3 (§ 15.2-2223 et seq.) of Chapter 22 of Title 15.2.
B. The Commission shall not approve construction of any such pipeline unlessthe public utility has provided thirty days' advance public notice of theproposed pipeline by (i) publishing a notice in a newspaper or newspapers ofgeneral circulation in each of the counties and municipalities through whichthe pipeline is proposed to be constructed, (ii) providing written notice tothe governing body of each such county and municipality, (iii) causing to besent a copy of the notice by first class mail to all owners of propertywithin the route of the proposed pipeline, as indicated on the map or sketchof the route filed with the Commission, which requirement shall be satisfiedby mailing the notice to such persons at such addresses as are indicated inthe land books maintained by the commissioner of revenue, director of financeor treasurer of the county or municipality, and (iv) filing a copy of anyplans, specifications, or maps of the proposed pipeline with the Commission,which plans, specifications, or maps shall be made available for publicinspection at the Commission's business office, during normal business hours.Any notice required by this subsection shall include a written description ofthe proposed route the line is to follow, a map or sketch of the route, andinformation regarding the time period during which persons may request apublic hearing under subsection C of this section.
C. If, within forty-five days after publication and mailing of the noticesrequired in subsection B of this section, any interested party requests apublic hearing, the Commission shall, as soon as reasonably practicable aftersuch request, hold such hearing or hearings at such place as may bedesignated by the Commission. If written requests therefor are received fromtwenty or more interested parties, the Commission shall hold at least onehearing in the area that would be affected by construction of the pipeline,for the purpose of receiving public comment on the proposal. If any hearingis to be held in the area affected, the Commission shall direct that a copyof the transcripts of any previous hearings held in the case be madeavailable for public inspection at a convenient location in the area for areasonable time before such local hearing.
D. For the purposes of this section, "interested parties" means thegoverning bodies of any counties or municipalities through which the pipelineis to be constructed, and persons residing or owning property within one-halfmile of such pipeline. For the purposes of this section, "environment" or"environmental" shall be deemed to include in meaning "historic."
E. If a significantly different route is determined more desirable after thegiving of the notice required in subsection B of this section, the Commissionshall cause notice of the new route or routes to be published and mailed inaccordance with subsection B of this section. The Commission shall thereaftercomply with the provisions of this section to the full extent necessary togive interested parties in the newly affected areas the same protectionafforded interested parties affected by the route described in the originalnotice.
F. Approval of a pipeline pursuant to this section shall be deemed to satisfyand supersede the requirements of § 15.2-2232 and local zoning ordinanceswith respect to such pipeline and related facilities; however, the Commissionshall not approve the construction of a natural gas compressor station in anarea zoned for residential use unless the public utility providescertification from the local governing body that the natural gas compressorstation is consistent with the zoning ordinance. The certification requiredby this subsection shall be deemed to have been waived unless the localgoverning body informs the Commission and the public utility of the naturalgas compressor station's compliance or noncompliance within forty-five daysof the public utility's written request.
(1995, c. 311; 2001, c. 758.)