Economic Development Infrastructure Act of 2016; acquisition of utility right of way. (SB748)

Introduced By

Sen. Frank Wagner (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Economic Development Infrastructure Act of 2016. Directs the State Corporation Commission (SCC) to establish a program under which any a public utility providing electric, natural gas, water, or sewer services to retail customers in the Commonwealth is authorized to offer special rates and services to customers under a supplemental rate schedule in order to encourage the location of significant economic development projects in the Commonwealth and allow the utility to fully recover from the customer over the duration of the contract its capital investment, fees, expenses, costs, and other charges. The terms of the financing of any project are required to be set out in a contract that will be effective only if approved by the SCC. Under the program, a utility's total capital investment in facilities is limited to $10 million in the aggregate and to $1 million for any specific contract. The purpose of the program is to authorize a utility to use its own funds to finance the extension of transmission lines, distribution lines, or service laterals and related facilities to economic development sites in the Commonwealth at no upfront cost to the customer and to provide for the utility's recovery of its costs of such a project through a separate charge. Read the Bill »

Status

03/04/2016: Passed the House

History

DateAction
01/22/2016Presented and ordered printed 16104276D
01/22/2016Referred to Committee on Commerce and Labor
02/01/2016Impact statement from SCC (SB748)
02/15/2016Committee substitute printed 16105172D-S1
02/15/2016Reported from Commerce and Labor with substitute (14-Y 1-N) (see vote tally)
02/16/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/16/2016Read second time
02/16/2016Reading of substitute waived
02/16/2016Committee substitute agreed to 16105172D-S1
02/16/2016Reading of amendments waived
02/16/2016Amendments by Senator Wagner agreed to
02/16/2016Engrossed by Senate - committee substitute with amendments SB748ES1
02/16/2016Printed as engrossed 16105172D-ES1
02/16/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/16/2016Pending question ordered (27-Y 11-N) (see vote tally)
02/16/2016Passed Senate (33-Y 6-N) (see vote tally)
02/18/2016Placed on Calendar
02/18/2016Read first time
02/18/2016Referred to Committee on Commerce and Labor
02/22/2016Impact statement from SCC (SB748ES1)
02/22/2016Impact statement from SCC (SB748S1)
03/01/2016Reported from Commerce and Labor with substitute (19-Y 0-N) (see vote tally)
03/01/2016Committee substitute printed 16105790D-H1
03/03/2016Read second time
03/04/2016Read third time
03/04/2016Committee substitute agreed to 16105790D-H1
03/04/2016Engrossed by House - committee substitute SB748H1
03/04/2016Passed House with substitute (96-Y 2-N 1-A)
03/04/2016VOTE: PASSAGE (96-Y 2-N 1-A) (see vote tally)
03/08/2016House substitute rejected by Senate (1-Y 39-N) (see vote tally)
03/09/2016House insisted on substitute
03/09/2016House requested conference committee
03/09/2016Impact statement from SCC (SB748H1)
03/10/2016Senate acceded to request (39-Y 0-N) (see vote tally)
03/10/2016Conferees appointed by Senate
03/10/2016Senators: Wagner, Stuart, Saslaw
03/10/2016Conferees appointed by House
03/10/2016Delegates: Bell, R.B., Byron, Spruill
03/11/2016C Amended by conference committee
03/11/2016Conference report agreed to by Senate (37-Y 2-N) (see vote tally)
03/11/2016Conference report agreed to by House (97-Y 1-N 1-A)
03/11/2016VOTE: ADOPTION (97-Y 1-N 1-A) (see vote tally)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 7 clips in all, totaling 19 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bill Howell (R-Fredericksburg): RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 35, NOS 3. AYES 35, NOS 3. THE BILL PASSES. SENATE BILL 748, A BILL RELATING TO THE ECONOMIC DEVELOPMENT INFRASTRUCTURE ACT OF 2016, VOLUNTARY PROGRAM AUTHORIZING PUBLIC UTILITIES TO OFFER SPECIAL RATES AND SERVICE TO SUPPORT ECONOMIC DEVELOPMENT IN THE COMMONWEALTH. REPORTED FROM THE COMMITTEE ON COMMERCE AND LABOR WITH A SUBSTITUTE, AND THERE ARE TWO FLOOR AMENDMENTS. THE SENIOR SENATOR FROM VIRGINIA BEACH, SENATOR WAGNER.

Sen. Frank Wagner (R-Virginia Beach): FIRST, MR. PRESIDENT, I MOVE THAT WE ADOPT THE COMMITTEE SUBSTITUTE.

[Unknown]: THE QUESTION IS SHALL THE COMMITTEE STAT BE AGREED TO. ALL IN FAVOR OF THE MOTION WILL SAY AYE, THOSE OPPOSED, NO. THE AYES HAVE IT. THE SENATOR FROM VIRGINIA BEACH.

Sen. Frank Wagner (R-Virginia Beach): I MOVE WE WAIVE THE READING OF THE FLOOR AMENDMENT.

[Unknown]: THE QUESTION IS SHALL THE READING OF THE FLOOR AMENDMENTS BE WAIVED. ALL IN FAVOR OF THE MOTION WILL SAY AYE, THOSE OPPOSED, NO. THE AYES HAVE IT. THE READING IS WAVERED. THE SENIOR SENATOR FROM VIRGINIA MR. PRESIDENT, SPEAKING TO BEACH. THE FLOOR AMENDMENTS, WHAT THEY HAVE DONE IS THERE WAS SOME CONCERN FROM THE PROPANE INDUSTRY THAT THIS WOULD SOMEHOW HAVE IMPACTED THEIR ABILITY OF THEIR EXISTING CUSTOMERS TO DELIVER PROPANE. THIS PARTICULAR FLOOR AMENDMENT COMES AT THE REQUEST OF THOSE PATRONS AND I ASK WE ADOPT THE FLOOR AMENDMENT. THANK YOU, SENATOR. THESE FLOOR AMENDMENTS ARE IN BLOC, SENATOR? YES. THE QUESTION IS SHALL THE FLOOR AMENDMENTS -- THE SENATOR FROM PRINCE WILLIAM, SENATOR McPIKE.

Sen. Jeremy McPike (D-Dale City): WILL THE SENIOR SENATOR FROM VIRGINIA BEACH YIELD FOR A QUESTION?

[Unknown]: WOULD THE SENIOR SENATOR YIELD FOR A QUESTION?

Sen. Jeremy McPike (D-Dale City): I YIELD.

[Unknown]: HE YIELDS, SENATOR. UNDER THIS AMENDMENT, WOULD THE PROVISIONS ALLOW A UTILITY PROVIDER TO CONVERT AND IF HE CAN EXPLAIN THIS, THE EXISTING UTILITY, IF IT'S PROVIDED TO A FACILITY, THIS PROVISION WOULD COVER THE COSTS OF CONVERTING TO A -- IN ADDITION TO THE COST TO THE EXISTING RATE PAIRS? MR. PRESIDENT, I RESPOND BY SAYING THIS IS AN EXEMPTION CLAUSE. IT COUNTIES BE USED FOR THIS -- CANNOT BE USED FOR THIS PURPOSE AND SO IT FALLS UNDER THAT SECTION OF THE AMENDMENT. IF YOU REFER TO LINE 98, IT SAYS -- OR LINE 92 OF THE SUBSTITUTE, IT SAYS NOTHING IN THE SECTION SHALL, AND THEN YOU ADD IN PERMIT A UTILITY TO CONVERT AN EXISTING RETAIL PROPANE TO ELECTRIC OR NATURAL GAS, SO THIS IS A PROVISION THAT EXEMPTS USING THE PROVISIONS OF THIS BILL TO CONVERT OVER TO ELECTRIC OR NATURAL GAS FROM A CUSTOMER THAT IS CURRENTLY USING PROFANE. I THANK THE SENATOR FROM VIRGINIA BEACH, THANK YOU. THANK YOU, SENATOR. THE QUESTION IS SHALL THE FLOOR AMENDMENTS BE AGREED TO EN BLOC. ALL IN FAVOR OF THE MOTION WILL SAY AYE, THOSE OPPOSED, NO. THE FLOOR AMENDMENTS ARE AGREED THE AYES HAVE IT. TO. THE SENIOR SENATOR. THANK YOU, MR. PRESIDENT. MY SEAT MATE IS IN A BIT OF A FUNK TODAY, BUT WE'LL WORK OUR WAY THROUGH IT. I ASK THAT THE BILL BE ENGROSSED AND ADVANCED TO ITS THIRD THE QUESTION IS SHALL THE READING. BILL BE ENGROSSED AND ADVANCED TO ITS THIRD READING. ALL IN FAVOR OF THE MOTION WILL SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. I ASK THE THIRD CONSTITUTIONAL READING OF SENATE BILL 748 BE DISPENSED WITH.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SHALL THE RULES BE SUSPENDED AND THE THIRD CONSTITUTIONAL READING BE DISPENSED RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS 0. AYES 39, NOS 0. THE MOTION IS AGREED TO. THE SENIOR SENATOR. MR. PRESIDENT, A LITTLE BACKGROUND ON WHY THE BILL WAS PUT IN. FIRST, THIS BILL DOES NOT COME AT THE REQUEST OF ANY UTILITY, DID NOT COME FROM THE REQUEST OF THE ECONOMIC PEOPLE. THIS CAME AS ACTUALLY A LEGISLATOR EVERY ONCE IN A WHILE HAS COME UP WITH A GOOD IDEA. ONE OF THE THINGS THAT CONCERNS ME, YOU GO DOWN THE LIST OF THOSE SITES READY TO BE DEVELOPED IN VIRGINIA, YOU FIPE THERE'S ONE, ONE SITE THAT'S READY TO BE DEVELOPED IN VIRGINIA. THERE'S A COUPLE ON WHAT THEY CALL LEVEL FOUR, LEVEL FIVE BEING READY TO ROLL, LEVEL FOUR BEING, I THINK THERE'S LIKE THREE, ALMOST READY TO GO. AND THEN IT DROPS DOWN AND THE BIGGEST CATEGORY BEING, GEE, THIS MIGHT BE A GREAT PLACE TO HAVE AN ECONOMIC DEVELOPMENT SITE. AND WHEN I LOOKED AT THAT AND WHEN I LOOKED AT OUR COMPETITOR STATES, PARTICULARLY THOSE TO THE SOUTH OF US, NORTH CAROLINA, SOUTH CAROLINA, AND GEORGIA, AND SOMETIMES WE SCRATCH OUR HEAD AND WONDER WHY ARE ALL THESE BIG COMPANIES MOVING TO THOSE AREAS AND NOT COMING TO VIRGINIA? WHEN YOU START TO ANALYZE IT, ONE OF THOSE THINGS YOU REALIZE IS THAT THEY HAVE SITES READY TO GO. SO IF I HAVE AN ECONOMIC DEVELOPMENT PROS SPECK LOOKING FOR A 6-, 700-ABE KER SITE, I CAN TAKE THEM TO VIRGINIA AND SAY HERE'S 6- OR 700 ACRES AND WE MIGHT BE ABLE TO GET UTILITIES AND INFRASTRUCTURE THERE, BUT WE WANT YOU TO COMMIT TO THIS SITE. THEN YOU TAKE A TRIP DOWN TO ATLANTA AND THE PEOPLE IN ECONOMIC DEVELOPMENT TAKE THEM OUT AND SAY HERE'S A SITE READY ZO ROLL, PLUG N YOU'RE GOOD TO GO, AND HERE'S THE DEAL WE'LL CUT YOU. A BIG DIFFERENCE. AND IF YOU LOOK AT THE GOVERNOR'S BUDGET SUBMISSION THIS YEAR, AS YOU GO THROUGH THE BUDGET, YOU'LL REALIZE THERE IS HUNDREDS OF MILLIONS OF DOLLARS BEING PUT INTO ECONOMIC DEVELOPMENT. TRYING TO TRANSFORM VIRGINIA'S ECONOMY OVER THERE, BUT WE HAVE ON OUR BOOKS ONE OF THE THOSE KIND OF LITTLE WEIRD CATCH-22 CHICKEN-EGG THINGS THAT SAYS WE CAN'T BRING YOU YULES UNTIL THERE'S A -- UTILITIES UNTIL THERE'S A CUSTOMER ON THE BACK END. THAT'S NOT THE CASE IN SOME OF OUR COMPETITOR STATES. THEY CAN ACTUALLY MAKE THAT INVESTMENT TO BRING THE UTILITIES IN AND THEN GO AROUND AND MARKET THAT SITE AS READY TO AND SO THIS IS AN ATTEMPT TO DO GO. THAT. BELIEVE ME, I HAD TO BRING THE UTILITIES TO MY OFFICE MANY TIMES OVER, BRING THE STATE CORPORATION COMMISSION TO MY OFFICE, BRING THE VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP TO MY OFFICE AND WHAT YOU SEE HERE AS COMPILATION OF A WHOLE LOT OF GOOD IDEAS TAKEN OFF OF OTHER STATES AND TRYING TO PATTERN WHAT THEY DO IN OTHER STATES WITH VIRGINIA. AND WHAT WE'RE SAYING HERE IS THAT THE UTILITIES CAN COME IN TO A SITE AND GET THE RIGHT OF WAY, NOT ACTUALLY BUILD THE LINES, BECAUSE NOBODY IS SURE HOW MUCH ELECTRICITY IS GOING TO BE NEEDED, NOBODY IS SURE HOW MUCH NATURAL GAS IS NEEDS, BUT IT WILL ASSURE THAT THE RIGHT OF WAY IS THERE SO WE CAN MOVE THAT SITE UP TO A LEVEL FIVE SITE READY TO BE DEVELOPED, READY TO GO ON. NOW, THE UTILITIES CAN APPLY FOR A RATE ADJUSTMENT CLAUSE FOR THAT, AND RECOVER THOSE COSTS OF THE RIGHT OF WAY, WHETHER IT'S A GAS UTILITY OR ELECTRIC UTILITY. YOU SAY WAIT A MINUTE. WAIT A MINUTE. YOU MEAN YOU'RE ASKING THE CUSTOMERS, THE REST OF THE CUSTOMERS TO PICK THIS UP AND IN THE RATE ADJUSTMENT CLAUSE? AND YES, WE ARE, BUT IF YOU READ DOWN IN THE BILL, WHAT WE SAY IS ONCE THE CUSTOMER IS HOOKED UP TO IT, THERE'S A SURCHARGE CHARGED. SO OUR RATE PAIRS GET PAID BACK FOR THE INVESTMENT THEY'VE MADE. AND THERE'S HAVE MUCH A STRICT LIMIT. IT'S NOT ANYBODY, YOU DON'T COME IN AND SAY I GOT A 600-ACRE FARM AND I WANT TO INVEST FOR DEVELOPMENT, START RUNNING JULTS. YOU CAN'T DO THAT. THE VIRGINIA DEPARTMENT OF ECONOMIC DEVELOPMENT HAS TO CERTIFY THIS AS A DEVELOPABLE PIECE OF PROPERTY THAT HAS A BRINGING A CUSTOMER THERE. REASONABLE EXPECTATION OF ONCE THAT'S DONE, THE ECONOMIC DEVELOPMENT AUTHORITY CAN NOW APPLY, ALONG WITH THE UTILITY, TO THE STATE CORPORATION COMMISSION FOR THAT RATE ADJUSTMENT CLAUSE AND IF YOU READ THROUGH, THERE'S VERY SPECIFIC LANGUAGE ABOUT THE REQUIREMENTS THAT MUST BE MET IN ORDER FOR THIS TO HAPPEN. THERE'S CLEARLY A PAYBACK ON THE OTHER SIDE. BUT WHEN YOU ADD UP HOW MUCH MONEY WE'RE GETTING READY TO USE OF TAXPAYERS MONEY IN VARIOUS ECONOMIC DEVELOPMENT PROGRAMS AND ADD THAT UP, THIS IS REALLY NOT COSTING MY CONSTITUENTS OR YOUR CONSTITUENTS A NICKEL. WE'RE KIND OF USING THIS AS AN INTEREST-FREE BANK, IF YOU WILL, TO INVEST IN THAT INFRASTRUCTURE WITH A PAYBACK ON THE BACK SIDE. THAT'S WHAT THIS BILL DOES, AND I THINK IT'S IMPERATIVE THAT WE CAN TURN AROUND -- IT'S PATHETIC WHEN YOU THINK OF A STATE OF OUR SIZE AND YOU COME IN AND THERE'S ONE SITE, ONE SITE. WHEN YOU LOOK AT THE EMPHASIS WE'RE TRYING TO PUT ON ECONOMIC DEVELOPMENT, THERE'S ONE SITE AND MAYBE THREE OR FOUR OTHER SITES AND WE OUGHT TO HAVE 30 OR 40 SIGHTS ALL OVER THE STATE -- SITES ALL OVER THE STATE. THAT'S WHERE WE SHOULD BE. THIS IS AN ATTEMPT TO OVERCOME A KNEWANS IF OUR CODE THAT SAYS YOU GOT TO HAVE THE CHICKENS BEFORE YOU CAN HAVE THE EGG AND IN THIS PLACE, WE'RE TRYING TO PUT THE EGG DOWN AND HOPEFULLY THE CHICKEN WILL COME. WITH THAT EXPLANATION, MR. PRESIDENT, I MOVE THE BILL PASS. THE SENATOR FROM BUCKINGHAM, SENATOR GARRETT.

Sen. Tom Garrett (R-Lynchburg): THANK YOU, MR. PRESIDENT. WOULD THE PATRON YIELD FOR A QUESTION?

[Unknown]: THE SENIOR SENATOR YIELD FOR A QUESTION?

Sen. Tom Garrett (R-Lynchburg): I YIELD.

[Unknown]: HE YIELDS. MR. PRESIDENT, QUERY. IN THE INTERIM BEFORE THE BUSINESS -- BEFORE THE ECONOMIC EMPLOYER OR THE GROWTH OCCURS, WHO PAYS THE BILL? THE SENIOR SENATOR. MR. PRESIDENT, I WOULD SAY WHEN THE RATE ADJUSTMENT CLAUSE WOULD ACTUALLY APPEAR BACK ON THE CUSTOMER'S BILL, PROBABLY A TENTH OF A PENNY IF THAT. MR. PRESIDENT, FURTHER QUESTION. WOULD THE GENTLEMEN YIELD FOR AN ADDITIONAL QUESTION? HE YIELDS, SENATOR. IF THE INVESTMENT DOESN'T FAN OUT, THEN HOW IS THE PAYMENT RECOUPED? THE SENIOR SENATOR. MR. PRESIDENT, I SUPPOSE YOU ALWAYS TAKE THE CHANCE THAT THE INVESTMENT MAY NEVER PAN OUT, BUT EVERYTHING I'VE SEEN, LAND IS ALWAYS EVENTUALLY DEVELOPED. ONCE IT'S PAID OFF, THE FEW PENNIES IT TAKES, IT MIGHT BE A MILLION, TWO MILLION DOLLARS TO ET THE GOOD RIGHT OF WAY, IT'S RECOVERED. THERE'S NO MORE FURTHER AND IT STAYS RIGHT THERE AND EVENTUALLY THAT PROPERTY WILL BE DEVELOPED, BUT YOU'RE TAKING YOUR CHANCE. BUT THEN AGAIN, I'D RESPOND TO THE GENTLEMAN, WHEN WE MAKE A $10 MILLION INVESTMENT IN R&D CREDIT, WHAT GUARANTEES DO WE HAVE THAT THE TAXPAYER IS PAID BACK ON THAT? THERE'S MANY OF THEM IN THIS KNOWLEDGE. WHAT GUARANTEE DO WE HAVE THAT THE -- IN THIS BUDGET. WHAT GUARANTEE DO WE HAVE THAT THE TAXPAYERS WHO MADE THAT INVESTMENT GETS PAID BACK ON THAT? WHEN YOU LOOK AT OUR COMPETITOR STATES, I WOULD RESPOND TO THE GENTLEMAN THAT THEY ARE MAKING THAT INVESTMENT AND DOING SOMETHING EXTREMELY SIMILAR TO THIS AND LOOK HOW MUCH SUCCESS THEY'VE HAD VIS-A-VIS THE DISCUSS WE'VE SHARED HERE IN VIRGINIA? MR. PRESIDENT, SPEAKING TO THE BILL. THE SENATOR HAS THE FLOOR. MR. PRESIDENT, IT IS AN HONOR TO SERVE THERE BODY AND I'M A BIG FAN OF THE SENIOR SENATOR FROM VIRGINIA BEACH, BUT I NEVER BEFORE I MIGHT ACTUALLY LEARN THE ANSWER TO THE WHAT COMES FIRST, THE CHICKEN AND THE EGG, I AND I LEARNED TODAY THAT YOU MIGHT HAVE TO HAVE AN EGG BEFORE YOU GET THE CHICKEN. WE KNOW WHO PAYS, IT'S GOING TO BE THE CUSTOMERS. WE KNOW IF THE INVESTMENT DOESN'T PAN OUT, THE CUSTOMERS ARE ON THE HOOK. WE DON'T KNOW WHO PICKS THE PROPERTY -- I GUESS VEBD, AND I'M TROUBLED BY THAT, THE TAXPAYERS PAYING THE INTEREST IN THE INTERIM, SO I THINK WHAT THE CODE OF VIRGINIA HAS REFLECTED HERE TO FOREIS WE'RE DELIGHTED TO HELP ECONOMIC INVESTMENT AND INFRASTRUCTURE WHEN WE KNOW WE HAVE IT, BUT I WOULD ASK EVERYBODY IN THIS CHAMBER SERIOUSLY TO GO TO YOUR ELECTRONIC DEVICES AND GOOGLE SEARCH TUCKAHOE CREEK SERVICE DISTRICT. PLEASE. SERIOUSLY, SOMEBODY. SOMEBODY IS FAKING LIKE THEY'RE DOING IT. THAT MAKES ME FEEL BETTER. THE TUCKAHOE CREEK SERVICE DISTRICT IS IN MY SENATE DISTRICT AND IT MAY TURN OUT TO BE A WONDERFUL INVESTMENT, BUT WHEN IT WAS PUT IN OVER A DECADE AGO, THERE WAS A WHOLE LOT OF EXPECTATION OF GROWTH AND NONE OF WHICH OCCURRED AND WHAT HAPPENED THEN WAS A LOCALITY HAD TO FINANCE A LOT OF INFRASTRUCTURE THAT WAS NOT GENERATING ANY REVENUE BY WHICH TO FINANCE ITSELF. SO FOR YEARS TO COME, WE'RE BURDENED BY VISIONS OF GROWTH THAT SIMPLY DID NOT COME TO FRUITION. TUCKAHOE CREEK SERVICE DISTRICT. THAT'S AN EXTRAORDINARILY WELL RUN LOCALITY, BUT SOMETIMES WHEN YOU GAMBLE YOU LOSE, SO WITH ALL DUE RESPECT TO THE SENATOR WHO HAS DONE JUST ABOUT MORE THAN IB IN THE CHAMBER TO LOOK AT CREATIVE WAY OF TO GROW VIRGINIA'S ECONOMY AND HELP VIRGINIA'S ENERGY POLICIES, I THINK THIS BILL IS RISKY AND I THINK THERE'S A REASON THAT WE HAVE TO HAVE THIS CHICKEN BEFORE WE HAVE THAT EGG, THAT WE HAVE TO HAVE THIS INVESTOR BEFORE YOU THE INFRASTRUCTURE AND THAT IS WE DON'T WANT TO ROLL THE DICE WITH OTHER PEOPLE'S MONEY. THANK YOU, MR. PRESIDENT. THANK YOU, SENATOR. THE SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.

Sen. Tommy Norment (R-Williamsburg): MR. PRESIDENT N LIGHT OF FACT THIS BILL CAME OUT OF COMMITTEE 14-1, I MOVE THE PENDING QUESTION.

Del. Bill Howell (R-Fredericksburg): THE PEPPING QUESTION HAS BEEN MOVED -- PENDING QUESTION HAS BEEN MOVED TO PASS THE BILL. ALL IN FAVOR OF THE PENDING QUESTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED, NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Tommy Norment (R-Williamsburg): AYES 27, NOS 11.

Del. Bill Howell (R-Fredericksburg): THE PENDING QUESTION IS APPROVED. THE QUESTION IS SHALL SENATE BILL 748 PASS.


[Unknown]: AT THE BILL, MOSTLY WITH A PROGRAM THAT WOULD BE SET UP WHERE A VEPD WOULD ACTUALLY DESIGNATE A MEGA-SITE AND WOULD ACTUALLY -- THEY WOULD GO THROUGH A LOT OF CRITERIA TO GET TO THAT MEGA-SITE DESIGNATION, SO I WOULD SAY NO, PROBABLY AMAZON, YOUR SITE WOULD NOT BE DESIGNATED AS SUCH. FURTHER QUESTION? Speaker: WILL THE GENTLEMAN YIELD? I YIELD. I DO NOT SEE WHERE THIS RESTRICTS SUCH SITES ONLY TO INDUSTRIAL USED ZONES. SO DOES THIS PRECLUDE ZONING OR DOES THIS OVERRIDE ZONING AUTHORITY FOR LOCAL GOVERNMENTS? I WOULD SAY IT DOES NOT OVERRIDE BECAUSE THIS WOULD BE AN INSTANCE WHERE A LOCATE ALL - LOCALITY, BE IT AT SINGLE COUNTY OR TWO OR THREE COMING TOGETHER TO DESIGNATE A MEGA-SITE -- AND THESE MEGA-SITES ARE HUGE, YOU'RE TALKING, FIVE, SIX HUNDRED ACRE SITES THAT ARE AVAILABLE FOR BIG MANUFACTURING BUSINESSES TO GO IN, AND I WOULD SAY THAT IT WOULD NOT INTERFERE AND SHOULD NOT INTERFERE WITH ZONING OF A PARTICULAR LOW LOCALITY. Speaker: SHALL THE BILL PASS? [ BELL ]

Del. Bill Howell (R-Fredericksburg): SPEAKER: THE CLERK WILL CLOSE THE ROLL.

[Unknown]: Clerk: AYES 96, NOS TWO. Speaker: THE BILL HAS PASSED. Clerk: TURNING TO PAGE 10 OF


Sen. Frank Wagner (R-Virginia Beach): INTANT THE SENATE POSITION THAT THE ATTORNEYS KEEP THEIR FEES. I ASK THAT WE CONCUR WITH THE HOUSE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE SUBSTITUTE. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Frank Wagner (R-Virginia Beach): AYES 37, NOS 3.

[Unknown]: AYES 37, NOS 3. THE SENATE CONCURS WITH THE HOUSE SUBSTITUTE. SENATE BILL 748, PASSED THE HOUSE WITH A SUBSTITUTE. THE SENIOR SENATOR FROM VIRGINIA BEACH, SENATOR WAGNER.

Sen. Frank Wagner (R-Virginia Beach): WITH THE RECOMMENDATION THAT THE BILL BE REJECTED, I MOVE THAT THE HOUSE SUBSTITUTE BE AGREED TO AND TALKING TO.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Frank Wagner (R-Virginia Beach): THIS PARTICULAR BILL DEALS WITH INFRASTRUCTURE GROMENT, THE SECURES OF RIGHT OF WAYS TO BRING INFRASTRUCTURE INTO POTENTIAL ECONOMIC DEVELOPMENT SITES, PREFERABLY MEGA SITES. WE'RE TWEAKING LANGUAGE. I DON'T THINK THERE'S A BIG PROBLEM, BUT WITH THAT EXPLANATION, I WOULD RENEW THE MOTION THAT REJECT THE HOUSE SUBSTITUTE.


[Unknown]: FOLLOWS, WE ADOPTED THE HOUSE AMENDMENT IN THE NATURE OF A SUBSTITUTE WHICH HAD ALREADY PASSED THROUGH THE CHAMBER. IN ADDITION WELL, WE EXEMPTED OUT -- WE MADE IT ONLY NATURAL GAS RATHER THAN ELECTRICITY. THAT WAS THE AMENDMENT THAT WE ACCEPTED. IT'S AVAILABLE TO YOU. I HOPE IT WILL BE THE PLEASURE OF THE HOUSE TO PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): Speaker: SHALL THE CONFERENCE


[Unknown]: THE SENIOR SENATOR FROM VIRGINIA BEACH, SENATOR WAGNER.

Sen. Frank Wagner (R-Virginia Beach): I MOVE THAT WE AGREE TO THE GOVERNOR'S RECOMMENDATIONS AND SPEAKING TO THAT MOTION.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Frank Wagner (R-Virginia Beach): SENATE BILL 748 WITH INFRASTRUCTURE TO POTENTIALLY ECONOMIC DEVELOPMENT SITES AND WE WORKED HARD ON THE BILL BUT LITERALLY WORKED UP TO THE LAST MINUTE. THE GOVERNOR AND I CONCUR WITH THE GOVERNORS IF REPRESENTATION PLACED A REENACTMENT CLAUSE WITH A LETTER FROM SECRETARY JONES THAT WE WILL HAVE A WORKING GROUP ON THIS. WE FEEL STRONGLY THAT WE NEED TO GET MORE MEGA SITES IN PLACE AND READY TO ROLL AND THIS IS AN EFFORT TO DO THAT. I RENEW MY MOTION.

Del. Bill Howell (R-Fredericksburg): THE QUESTION SHALL THE GOVERNOR'S RECOMMENDATIONS BE AGREED TO. ALL IN FAVOR OF THE MOTION WILL. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 38, NOS 1. AYES 38, NOS 1. THE GOVERNOR'S RECOMMENDATIONS ARE AGREED TO.