§ 56-264.2. Governing board of multistate entities operating certain sewagetreatment facilities; arbitration of issues; condemnation of facilities.
A. As used in this section, "multistate entity" means any corporation,company, political subdivision, association, or other legal entity, withoutregard to whether such entity is a public utility or public service company,that engages in the provision of sewerage service to persons residing in theCommonwealth and to persons residing in an adjacent state and that operates asewage treatment facility with a capacity of not less than five milliongallons per day that is located in the Commonwealth, the construction orexpansion of which treatment facility was financed primarily through theVirginia Revolving Loan Fund or a successor loan fund program administered bythe Virginia Resources Authority or Department of Environmental Quality.
B. Notwithstanding any contrary provision of law, all powers of a multistateentity shall be exercised by or under the authority of, and all business andaffairs of the multistate entity shall be managed under the direction of, agoverning board, which may be titled a board of directors, board of trustees,or similar appellation. The governing board shall be comprised of (i) twomembers residing in the Commonwealth for each locality of the Commonwealthwherein the multistate entity provides sewage treatment services and (ii) anumber of members residing in the adjacent state that is equal to the numberof members residing in the Commonwealth. The governing body of each localityof the Commonwealth wherein the multistate entity provides sewerage servicesshall appoint two individuals to the board, which individuals need not beresidents of such locality. The terms of members of the board residing in theCommonwealth shall expire one year following their appointment; however,despite the expiration of such a member's term, the member shall continue toserve until his successor is elected and qualifies. Unless the articles ofincorporation, bylaws, charter, or other organic document of the multistateentity requires a greater number for the transaction of particular business,a quorum of the governing board shall consist of a majority of the number ofmembers prescribed by this subsection. If a quorum is present when a vote ofthe governing board is taken, the affirmative vote of a majority of memberspresent is the act of the governing board unless the articles ofincorporation, bylaws, charter, or other organic document of the multistateentity requires the vote of a greater number of members. Except as providedin this section, the provisions of the articles of incorporation, bylaws,charter, or other organic document of a multistate entity in effect prior toJuly 1, 2006, shall continue to apply with respect to the method ofappointing the board members residing in the adjacent state and the durationof their terms, and to other matters relating to the governing board of suchmultistate entity, except that no amendment to the articles of incorporation,bylaws, charter, or other organic document of the multistate entity thatcontravenes any provision of this section shall be effective.
C. Upon the filing of a petition by not fewer than one-half of the members ofthe governing board of a multistate entity requesting the Commission toarbitrate an issue pertaining to the management of the business and affairsof the multistate entity that requires the affirmative vote of the members,upon which issue the governing board is deadlocked, the Commission shallcommence a proceeding to arbitrate the issue. The multistate entity and thenonpetitioning members of the governing board shall be parties to theproceeding. With the petition for arbitration, the petitioners shall provideall relevant documentation concerning the issue on which it is alleged thatthe board is deadlocked and the positions of the petitioners and the othermembers of the governing board with respect to the issue. The Commissionshall conduct the arbitration proceeding in accordance with its Rules ofPractice and Procedure (5 VAC 5-20-10 et seq.). The Commission'sconsideration shall be limited to the issue in the petition. The Commissionshall proceed promptly with the hearing and determination of the issue incontroversy. The final order of the Commission shall be final and binding onthe multistate entity and the governing board, unless notice of appeal to theSupreme Court is filed in the office of the Clerk of the Commission within 30days after entry of the order appealed from, in the manner provided in therules of the Supreme Court of Virginia. If the Commission incurs additionalcosts in conducting such an arbitration proceeding that cannot be recoveredthrough the maximum levy authorized pursuant to § 58.1-2660, theunrecoverable portion of the costs of the arbitration proceedings shall beassessed against the multistate entity.
D. If the articles of incorporation, bylaws, charter, or other organicdocument of a multistate entity in existence on July 1, 2006, does not complywith the requirements of subsection B by January 1, 2008, then the localityin the Commonwealth wherein the sewage treatment facility is located shall beauthorized to acquire, by exercise of the power of eminent domain if thegoverning body of the locality deems it appropriate, the sewage treatmentfacility operated by the multistate entity, without regard to whether suchentity is the owner of the sewage treatment facility, and any relatedpipelines, easements, and other property related to the provision of sewerageservices that is located within the locality, for the purpose of providingsewerage services to persons residing within the Commonwealth and theBluestone Watershed.
§ 56-264.2. Governing board of multistate entities operating certain sewagetreatment facilities; arbitration of issues; condemnation of facilities.
A. As used in this section, "multistate entity" means any corporation,company, political subdivision, association, or other legal entity, withoutregard to whether such entity is a public utility or public service company,that engages in the provision of sewerage service to persons residing in theCommonwealth and to persons residing in an adjacent state and that operates asewage treatment facility with a capacity of not less than five milliongallons per day that is located in the Commonwealth, the construction orexpansion of which treatment facility was financed primarily through theVirginia Revolving Loan Fund or a successor loan fund program administered bythe Virginia Resources Authority or Department of Environmental Quality.
B. Notwithstanding any contrary provision of law, all powers of a multistateentity shall be exercised by or under the authority of, and all business andaffairs of the multistate entity shall be managed under the direction of, agoverning board, which may be titled a board of directors, board of trustees,or similar appellation. The governing board shall be comprised of (i) twomembers residing in the Commonwealth for each locality of the Commonwealthwherein the multistate entity provides sewage treatment services and (ii) anumber of members residing in the adjacent state that is equal to the numberof members residing in the Commonwealth. The governing body of each localityof the Commonwealth wherein the multistate entity provides sewerage servicesshall appoint two individuals to the board, which individuals need not beresidents of such locality. The terms of members of the board residing in theCommonwealth shall expire one year following their appointment; however,despite the expiration of such a member's term, the member shall continue toserve until his successor is elected and qualifies. Unless the articles ofincorporation, bylaws, charter, or other organic document of the multistateentity requires a greater number for the transaction of particular business,a quorum of the governing board shall consist of a majority of the number ofmembers prescribed by this subsection. If a quorum is present when a vote ofthe governing board is taken, the affirmative vote of a majority of memberspresent is the act of the governing board unless the articles ofincorporation, bylaws, charter, or other organic document of the multistateentity requires the vote of a greater number of members. Except as providedin this section, the provisions of the articles of incorporation, bylaws,charter, or other organic document of a multistate entity in effect prior toJuly 1, 2006, shall continue to apply with respect to the method ofappointing the board members residing in the adjacent state and the durationof their terms, and to other matters relating to the governing board of suchmultistate entity, except that no amendment to the articles of incorporation,bylaws, charter, or other organic document of the multistate entity thatcontravenes any provision of this section shall be effective.
C. Upon the filing of a petition by not fewer than one-half of the members ofthe governing board of a multistate entity requesting the Commission toarbitrate an issue pertaining to the management of the business and affairsof the multistate entity that requires the affirmative vote of the members,upon which issue the governing board is deadlocked, the Commission shallcommence a proceeding to arbitrate the issue. The multistate entity and thenonpetitioning members of the governing board shall be parties to theproceeding. With the petition for arbitration, the petitioners shall provideall relevant documentation concerning the issue on which it is alleged thatthe board is deadlocked and the positions of the petitioners and the othermembers of the governing board with respect to the issue. The Commissionshall conduct the arbitration proceeding in accordance with its Rules ofPractice and Procedure (5 VAC 5-20-10 et seq.). The Commission'sconsideration shall be limited to the issue in the petition. The Commissionshall proceed promptly with the hearing and determination of the issue incontroversy. The final order of the Commission shall be final and binding onthe multistate entity and the governing board, unless notice of appeal to theSupreme Court is filed in the office of the Clerk of the Commission within 30days after entry of the order appealed from, in the manner provided in therules of the Supreme Court of Virginia. If the Commission incurs additionalcosts in conducting such an arbitration proceeding that cannot be recoveredthrough the maximum levy authorized pursuant to § 58.1-2660, theunrecoverable portion of the costs of the arbitration proceedings shall beassessed against the multistate entity.
D. If the articles of incorporation, bylaws, charter, or other organicdocument of a multistate entity in existence on July 1, 2006, does not complywith the requirements of subsection B by January 1, 2008, then the localityin the Commonwealth wherein the sewage treatment facility is located shall beauthorized to acquire, by exercise of the power of eminent domain if thegoverning body of the locality deems it appropriate, the sewage treatmentfacility operated by the multistate entity, without regard to whether suchentity is the owner of the sewage treatment facility, and any relatedpipelines, easements, and other property related to the provision of sewerageservices that is located within the locality, for the purpose of providingsewerage services to persons residing within the Commonwealth and theBluestone Watershed.
§ 56-264.2. Governing board of multistate entities operating certain sewagetreatment facilities; arbitration of issues; condemnation of facilities.
A. As used in this section, "multistate entity" means any corporation,company, political subdivision, association, or other legal entity, withoutregard to whether such entity is a public utility or public service company,that engages in the provision of sewerage service to persons residing in theCommonwealth and to persons residing in an adjacent state and that operates asewage treatment facility with a capacity of not less than five milliongallons per day that is located in the Commonwealth, the construction orexpansion of which treatment facility was financed primarily through theVirginia Revolving Loan Fund or a successor loan fund program administered bythe Virginia Resources Authority or Department of Environmental Quality.
B. Notwithstanding any contrary provision of law, all powers of a multistateentity shall be exercised by or under the authority of, and all business andaffairs of the multistate entity shall be managed under the direction of, agoverning board, which may be titled a board of directors, board of trustees,or similar appellation. The governing board shall be comprised of (i) twomembers residing in the Commonwealth for each locality of the Commonwealthwherein the multistate entity provides sewage treatment services and (ii) anumber of members residing in the adjacent state that is equal to the numberof members residing in the Commonwealth. The governing body of each localityof the Commonwealth wherein the multistate entity provides sewerage servicesshall appoint two individuals to the board, which individuals need not beresidents of such locality. The terms of members of the board residing in theCommonwealth shall expire one year following their appointment; however,despite the expiration of such a member's term, the member shall continue toserve until his successor is elected and qualifies. Unless the articles ofincorporation, bylaws, charter, or other organic document of the multistateentity requires a greater number for the transaction of particular business,a quorum of the governing board shall consist of a majority of the number ofmembers prescribed by this subsection. If a quorum is present when a vote ofthe governing board is taken, the affirmative vote of a majority of memberspresent is the act of the governing board unless the articles ofincorporation, bylaws, charter, or other organic document of the multistateentity requires the vote of a greater number of members. Except as providedin this section, the provisions of the articles of incorporation, bylaws,charter, or other organic document of a multistate entity in effect prior toJuly 1, 2006, shall continue to apply with respect to the method ofappointing the board members residing in the adjacent state and the durationof their terms, and to other matters relating to the governing board of suchmultistate entity, except that no amendment to the articles of incorporation,bylaws, charter, or other organic document of the multistate entity thatcontravenes any provision of this section shall be effective.
C. Upon the filing of a petition by not fewer than one-half of the members ofthe governing board of a multistate entity requesting the Commission toarbitrate an issue pertaining to the management of the business and affairsof the multistate entity that requires the affirmative vote of the members,upon which issue the governing board is deadlocked, the Commission shallcommence a proceeding to arbitrate the issue. The multistate entity and thenonpetitioning members of the governing board shall be parties to theproceeding. With the petition for arbitration, the petitioners shall provideall relevant documentation concerning the issue on which it is alleged thatthe board is deadlocked and the positions of the petitioners and the othermembers of the governing board with respect to the issue. The Commissionshall conduct the arbitration proceeding in accordance with its Rules ofPractice and Procedure (5 VAC 5-20-10 et seq.). The Commission'sconsideration shall be limited to the issue in the petition. The Commissionshall proceed promptly with the hearing and determination of the issue incontroversy. The final order of the Commission shall be final and binding onthe multistate entity and the governing board, unless notice of appeal to theSupreme Court is filed in the office of the Clerk of the Commission within 30days after entry of the order appealed from, in the manner provided in therules of the Supreme Court of Virginia. If the Commission incurs additionalcosts in conducting such an arbitration proceeding that cannot be recoveredthrough the maximum levy authorized pursuant to § 58.1-2660, theunrecoverable portion of the costs of the arbitration proceedings shall beassessed against the multistate entity.
D. If the articles of incorporation, bylaws, charter, or other organicdocument of a multistate entity in existence on July 1, 2006, does not complywith the requirements of subsection B by January 1, 2008, then the localityin the Commonwealth wherein the sewage treatment facility is located shall beauthorized to acquire, by exercise of the power of eminent domain if thegoverning body of the locality deems it appropriate, the sewage treatmentfacility operated by the multistate entity, without regard to whether suchentity is the owner of the sewage treatment facility, and any relatedpipelines, easements, and other property related to the provision of sewerageservices that is located within the locality, for the purpose of providingsewerage services to persons residing within the Commonwealth and theBluestone Watershed.
