Utility easements; location of broadband and other communications facilities. (HB831)

Introduced By

Del. Jennifer Carroll Foy (D-Woodbridge) with support from co-patrons Del. Hala Ayala (D-Woodbridge), and Del. Kaye Kory (D-Falls Church)

Progress

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

Description

Utility easements; location of broadband and other communications facilities. Declares that it is the policy of the Commonwealth that (i) easements for the location and use of electric and communications facilities may be used to provide or expand broadband or other communications services; (ii) the use of easements to provide or expand broadband or other communications services is in the public interest; (iii) the installation, replacement, or use of public utility conduit, including the costs of installation, replacement, or use of conduit of a sufficient size to accommodate the installation of infrastructure to provide or expand broadband or other communications services, is in the public interest; (iv) the use of easements to provide or expand broadband or other communications services (a) does not constitute a change in the physical use of the easement; (b) does not interfere with, impair, or take any vested or other rights of the owner or occupant of the servient estate; (c) does not place any additional burden on the servient estate other than a de minimis burden, if any; and (d) has value to the owner or occupant of the servient estate greater that any de minimum impact; and (v) the installation and operation of broadband or other communications services within easements, appurtenant or gross, are merely changes in the manner, purpose, or degree of the granted use as appropriate to accommodate a new technology. The measure further provides that (1) absent any express prohibition on the installation and operation of broadband or other communications services in an easement that is contained in a deed or other instrument by which the easement was granted, the installation and operation of broadband or other communications services within any easement shall be deemed, as a matter of law, to be a permitted use within the scope of every easement for the location and use of electric and communications facilities and (2) subject to compliance with any express prohibitions in a written easement, any incumbent utility or communications provider may use an easement to install, construct, provide, maintain, modify, lease, operate, repair, replace, or remove its communications equipment, system, or facilities, and provide communications services through the same, without such incumbent utility or communications provider paying additional compensation to the owner or occupant of the servient estate or to the incumbent utility, provided that no additional utility poles are installed. The measure provides that any incumbent utility or communications provider may use a prescriptive easement to install, construct, provide, maintain, modify, lease, operate, repair, replace, or remove its communications equipment, system, or facilities, and provide communications services through the same, without such incumbent utility or communications provider paying additional compensation to the owner or occupant of the servient estate or to the incumbent utility, provided that no additional utility poles are installed. This bill is identical to SB 794. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/07/2020Committee
01/07/2020Prefiled and ordered printed; offered 01/08/20 20104845D
01/07/2020Referred to Committee on Communications, Technology and Innovation
01/16/2020Assigned CT & I sub: Communications
01/20/2020House subcommittee amendments and substitutes offered
01/20/2020Subcommittee recommends reporting with substitute (6-Y 1-N)
01/20/2020Subcommittee recommends referring to Committee on Labor and Commerce
01/27/2020Committee substitute printed 20106174D-H1
01/27/2020Reported from Communications, Technology and Innovation with substitute (18-Y 3-N) (see vote tally)
01/27/2020Referred to Committee on Labor and Commerce
02/04/2020Impact statement from SCC (HB831H1)
02/06/2020House committee, floor amendments and substitutes offered
02/06/2020Committee substitute printed 20107797D-H2
02/06/2020Reported from Labor and Commerce with substitute (21-Y 1-N) (see vote tally)
02/09/2020Read first time
02/10/2020Read second time
02/10/2020Committee on Communications, Technology and Innovation substitute rejected 20106174D-H1
02/10/2020Committee Labor and Commerce substitute agreed to 20107797D-H2
02/10/2020Engrossed by House - committee substitute HB831H2
02/11/2020Read third time and passed House (93-Y 2-N 1-A)
02/11/2020VOTE: Passage (93-Y 2-N 1-A) (see vote tally)
02/12/2020Impact statement from SCC (HB831H2)
02/12/2020Constitutional reading dispensed
02/12/2020Referred to Committee on Commerce and Labor
02/17/2020Reported from Commerce and Labor with substitute (11-Y 2-N 2-A) (see vote tally)
02/17/2020Committee substitute printed 20108365D-S1
02/19/2020Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/20/2020Passed by for the day
02/21/2020Passed by for the day
02/24/2020Read third time
02/24/2020Reading of substitute waived
02/24/2020Committee substitute agreed to 20108365D-S1
02/24/2020Passed by for the day
02/24/2020Impact statement from SCC (HB831S1)
02/25/2020Floor substitute printed 20108977D-S2 (Petersen)
02/25/2020Passed by for the day
02/26/2020Committee substitute agreed to (32-Y 7-N 1-A) (see vote tally)
02/26/2020Read third time
02/26/2020Committee substitute reconsidered (39-Y 0-N) (see vote tally)
02/26/2020Committee substitute agreed to 20108365D-S1 (32-Y 7-N 1-A) (see vote tally)
02/26/2020Engrossed by Senate - committee substitute HB831S1
02/26/2020Passed Senate with substitute (37-Y 2-N 1-A) (see vote tally)
02/28/2020Placed on Calendar
02/28/2020Senate substitute agreed to by House 20108365D-S1 (91-Y 6-N)
02/28/2020VOTE: Adoption (91-Y 6-N) (see vote tally)
03/02/2020Impact statement from SCC (HB831S2)
03/05/2020Enrolled
03/05/2020Bill text as passed House and Senate (HB831ER)
03/05/2020Impact statement from SCC (HB831ER)
03/06/2020Signed by Speaker
03/06/2020Signed by President
03/12/2020Enrolled Bill communicated to Governor on March 12, 2020
03/12/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/10/2020G Approved by Governor-Chapter 1132 (effective 7/1/20)
04/10/2020G Acts of Assembly Chapter text (CHAP1132)

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