The arrival of spring heralds the end of the regular session for Virginia’s legislature. While the General Assembly will return for a veto session in a few weeks (and may be forced to return for a special session if budget issues are not ironed out), the end of the regular session is a good opportunity to examine some of the proposed changes to eminent domain law and the law pertaining to public infrastructure considered this year.
Eminent Domain Law
The session was relatively quiet for general eminent domain law. One bill was proposed relating to the requirement that condemning authorities offer to sell property that was acquired by eminent domain and subsequently determined to be surplus to the owner from whom it was taken. Current law provides that an owner may not waive the right to receive the offer of sale. The bill would have reversed that position and allowed landowners to waive the offer through a contractual provision or other agreement. The bill, House Bill 735, died in committee.
Highways
A significant amount of legislation was proposed in an attempt to increase safety on the Commonwealth’s roadways. One bill, House Bill 20, would have expanded the areas where photo speed enforcement devices are permitted from school and work zones to any location approved by a local governing body through an ordinance. The bill was ultimately continued to the 2025 session. A more modest bill pertaining to photo enforcement, Senate Bill 336, was successful. The bill allows law enforcement agencies to place such devices in a “high-risk intersection segment,” defined as any portion of a highway within 1,000 feet of the limits of the property of a school that is adjacent to an intersection containing a marked crosswalk at which a traffic fatality has occurred since January 1, 2014. The governor’s deadline for action on the bill is April 8.
Other provisions related to speeding included House Bill 282, which creates an infraction for any moving violation that occurs in a marked highway work zone when workers are present. The bill provides for a minimum fine of $300 for a first offense, $500 for subsequent offenses, and $750 if the subsequent offense occurs within 12 months of a previous offense. House Bill 1071 allows localities to reduce speed limits from 25 m.p.h. to 15 m.p.h. on highways, including those in the state highway system, that are located in a business or residential district. Both provisions are currently under review by the governor.
Pedestrian safety was also the focus of several bills. House Joint Resolution 65 would have called for the Joint Legislative Audit & Review Commission to study pedestrian fatalities on roadways. House Bill 142 would have required VDOT to waive any requirement that a certain number of people cross a street before installing a crosswalk if the crosswalk would serve a facility that attracts pedestrians. Both provisions were continued to the 2025 session.
A few bills dealt with the transition to electric vehicles. House Bill 645 pertains to improper parking in a space designated for charging electronic vehicles. Current law provides that a civil penalty of up to $25 may be assessed for such improper parking, but the charge may only be imposed if the space is marked by a sign noting that it is reserved for such purpose and giving notice of the amount of the civil penalty that may be assessed. House Bill 645 removes the requirement that the sign give notice of the amount of the potential civil penalty. It is currently being reviewed by the governor. Another bill, Senate Bill 226, would have required the Department of Motor Vehicles to convene a workgroup to determine an appropriate tiered flat rate highway use fee to be charged at the point of sale of motor vehicles. The proposal passed the Senate, but the House continued the matter to the 2025 session.
Finally, House Bill 143 requires VDOT to maintain a publicly accessible database and map showing all utility work that will occur within a highway right-of-way in a residential neighborhood. If signed by the governor, the law will take effect January 1, 2025.
Railroads
House Bill 385 would have required railroads to have a crew of at least two qualified persons on any train used to move freight. The bill was vetoed, with the governor expressing concern that, among other things, the bill’s requirements would divert traffic from the rails to highways and would impose an undue burden on last mile haulers.
House Bill 1425 exempts railway tunnels and bridges owned by the Virginia Passenger Rail Authority from the Statewide Building Code and Fire Prevention Code requirements. Instead, such bridges and tunnels are to be designed in compliance with nationally recognized model codes and standards developed by the VPRA. The bill has been approved by the governor and will take effect on July 1.
Utilities
House Bill 524 would require the applicant for a federal license to install a natural gas pipeline of greater than 24 inches inside diameter to also file a separate application with the state Department of Environmental Quality that includes an erosion and sediment control plan and a stormwater plan. Current law only requires such applications for pipelines with an internal diameter of greater than 36 inches. The bill has been continued to the 2025 session.
House Bill 1085 and Senate bill 243 set up requirements to help the Department of Health and Department of Environmental Quality deal with PFAS contamination in public water systems. The bills require VDH to provide validated monitoring results indicating that PFAS contaminants exceed the maximum safe levels to DEQ. DEQ must then develop a plan to identify the source of the contamination. The bills are currently being reviewed by the governor.
House Bill 862 requires electric utilities to include in their integrated resource plans a comprehensive assessment of the potential application of grid-enhancing technologies and advanced conductors. The goal is to increase the reliability of the grid and safeguard the grid from cyber attacks. If the utility does not include the use of such technology in its plan, it is required to explain in detail why such technologies are not included.
House Bill 1491 and Senate Bill 454 allow a Phase I utility meeting certain requirements to recover the costs of development for small modular nuclear facilities through a rate adjustment clause. It remains to be seen whether small modular nuclear reactors will be a viable cleaner energy solution going forward.
Several bills specify certain technologies that can be used to meet a utility’s required renewable energy portfolio standards. Senate Bill 495 specifies that a falling water generation facility located in Virginia that commences commercial operations by July 1, 2024 qualifies as a renewable energy portfolio standard source. Similarly, Senate Bill 508 allows geothermal heating and cooling systems to qualify.
Finally, Senate Bill 713 wades into the tricky area of pole attachment requests. The bill sets up required procedures that utilities must use to evaluate such requests. The bill is likely designed to increase broadband access to underserved areas. The bill is currently awaiting the governor’s action.
Conclusion
The bills described above, as well as other bills pertaining to related topics, can be found on Virginia’s Legislative Information System website here: https://lis.virginia.gov/lis.htm.
Matt Hull is a Pender & Coward attorney focusing his practice on eminent domain/right of way, local government, and waterfront law matters.
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