{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1197.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1197.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1197.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1197.8.html"}],"law_id":60074,"edition_id":1,"section_id":60074,"structure_id":15567,"section_number":"10.1-1197.8","catch_line":"Limitation of State Corporation Commission authority","history":"2009, cc. 808, 854; 2017, c. 368.","full_text":"A\n\nIf the owner or operator of a small renewable energy project to whom the Department has authorized a permit by rule pursuant to this article is not a utility regulated pursuant to Title 56, then the State Corporation Commission shall not have jurisdiction to review the small renewable energy project or to condition the construction or operation of a small renewable energy project upon the State Corporation Commission’s issuance of any permit or certificate under any provision of Title 56, provided that the State Corporation Commission shall retain jurisdiction to resolve requests for joint use of the rights of way of public service corporations pursuant to § 56-259 and denials of requests for interconnection of facilities pursuant to § 56-578.B\n\nIf the owner or operator of a small renewable energy project for which the Department has authorized a permit by rule pursuant to this article is a utility regulated pursuant to Title 56, such small renewable energy project shall be exempt from any provision of § 56-46.1 and any corresponding provision of subsection D of § 56-580 or Chapter 10.1 (§ 56-265.1 et seq.) of Title 56 that requires environmental review and permitting by the State Corporation Commission. An owner or operator of a small renewable energy project that is granted a permit by rule pursuant to subsection I of § 10.1-1197.6, shall not be required to obtain a certificate of public convenience and necessity pursuant to subsection D of § 56-580 or the Utility Facilities Act (§ 56-265.1 et seq.). Nothing in this section shall affect the jurisdiction of the State Corporation Commission regarding a utility that is not eligible for a permit by rule, or the requirement of such utility to obtain a certificate of public convenience and necessity.","order_by":null,"text":{"0":{"id":219852,"text":"If the owner or operator of a small renewable energy project to whom the Department has authorized a permit by rule pursuant to this article is not a utility regulated pursuant to Title 56, then the State Corporation Commission shall not have jurisdiction to review the small renewable energy project or to condition the construction or operation of a small renewable energy project upon the State Corporation Commission’s issuance of any permit or certificate under any provision of Title 56, provided that the State Corporation Commission shall retain jurisdiction to resolve requests for joint use of the rights of way of public service corporations pursuant to § 56-259 and denials of requests for interconnection of facilities pursuant to § 56-578.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":219853,"text":"If the owner or operator of a small renewable energy project for which the Department has authorized a permit by rule pursuant to this article is a utility regulated pursuant to Title 56, such small renewable energy project shall be exempt from any provision of § 56-46.1 and any corresponding provision of subsection D of § 56-580 or Chapter 10.1 (§ 56-265.1 et seq.) of Title 56 that requires environmental review and permitting by the State Corporation Commission. An owner or operator of a small renewable energy project that is granted a permit by rule pursuant to subsection I of § 10.1-1197.6, shall not be required to obtain a certificate of public convenience and necessity pursuant to subsection D of § 56-580 or the Utility Facilities Act (§ 56-265.1 et seq.). Nothing in this section shall affect the jurisdiction of the State Corporation Commission regarding a utility that is not eligible for a permit by rule, or the requirement of such utility to obtain a certificate of public convenience and necessity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15567,"edition_id":1,"name":"Small Renewable Energy Projects","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:56:23","date_modified":"2026-06-26 03:56:23","permalink":{"id":145513,"object_type":"structure","relational_id":15567,"identifier":"5","token":"10.1\/II\/11.1\/5","url":"\/10.1\/II\/11.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83129,"structure_id":15567,"section_number":"10.1-1197.10","catch_line":"Right of entry to inspect, etc.; warrants","url":"\/10.1-1197.10\/","token":"10.1\/II\/11.1\/5\/10.1-1197.10","metadata":false},{"id":72045,"structure_id":15567,"section_number":"10.1-1197.11","catch_line":"Information to be furnished to Department","url":"\/10.1-1197.11\/","token":"10.1\/II\/11.1\/5\/10.1-1197.11","metadata":false},{"id":70714,"structure_id":15567,"section_number":"10.1-1197.5","catch_line":"(Effective July 1, 2026) Definitions","url":"\/10.1-1197.5\/","token":"10.1\/II\/11.1\/5\/10.1-1197.5","metadata":false},{"id":59376,"structure_id":15567,"section_number":"10.1-1197.6","catch_line":"Permit by rule for small renewable energy projects","url":"\/10.1-1197.6\/","token":"10.1\/II\/11.1\/5\/10.1-1197.6","metadata":false},{"id":62609,"structure_id":15567,"section_number":"10.1-1197.7","catch_line":"Review and authorization of projects","url":"\/10.1-1197.7\/","token":"10.1\/II\/11.1\/5\/10.1-1197.7","metadata":false},{"id":60074,"structure_id":15567,"section_number":"10.1-1197.8","catch_line":"Limitation of State Corporation Commission authority","url":"\/10.1-1197.8\/","token":"10.1\/II\/11.1\/5\/10.1-1197.8","metadata":false},{"id":77480,"structure_id":15567,"section_number":"10.1-1197.9","catch_line":"Enforcement; civil penalties; criminal penalties; injunctive relief","url":"\/10.1-1197.9\/","token":"10.1\/II\/11.1\/5\/10.1-1197.9","metadata":false}],"previous_section":{"id":62609,"structure_id":15567,"section_number":"10.1-1197.7","catch_line":"Review and authorization of projects","url":"\/10.1-1197.7\/","token":"10.1\/II\/11.1\/5\/10.1-1197.7","metadata":false},"next_section":{"id":77480,"structure_id":15567,"section_number":"10.1-1197.9","catch_line":"Enforcement; civil penalties; criminal penalties; injunctive relief","url":"\/10.1-1197.9\/","token":"10.1\/II\/11.1\/5\/10.1-1197.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1197.8\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapters 808<\/a> and 854<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2017, chapter 368<\/a>.<\/p>","references":[{"id":59376,"section_number":"10.1-1197.6","catch_line":"Permit by rule for small renewable energy projects","order_by":null,"url":"\/10.1-1197.6\/"}],"refers_to":[{"id":59376,"section_number":"10.1-1197.6","catch_line":"Permit by rule for small renewable energy projects","order_by":null,"url":"\/10.1-1197.6\/"},{"id":79586,"section_number":"56-259","catch_line":" Rights-of-way, etc., may be contracted for; location of easements of public service corporations","order_by":null,"url":"\/56-259\/"},{"id":85772,"section_number":"56-265.1","catch_line":"Definitions","order_by":null,"url":"\/56-265.1\/"},{"id":71170,"section_number":"56-46.1","catch_line":"Commission to consider environmental, economic, and improvements in service reliability factors in approving construction of electrical utility facilities; approval required for construction of certain electrical transmission lines; notice and hearings","order_by":null,"url":"\/56-46.1\/"},{"id":77551,"section_number":"56-580","catch_line":"Transmission and distribution of electric energy","order_by":null,"url":"\/56-580\/"}],"permalink":{"id":145535,"object_type":"law","relational_id":60074,"identifier":"10.1-1197.8","token":"10.1\/II\/11.1\/5\/10.1-1197.8","url":"\/10.1-1197.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1197.8\/","token":"10.1\/II\/11.1\/5\/10.1-1197.8","dublin_core":{"Title":"Limitation of State Corporation Commission authority","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1197.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the owner or operator of a small renewable energy project<\/span> to whom the Department<\/span> has authorized a permit by rule pursuant to this article is not a utility regulated pursuant to Title 56, then the State Corporation Commission shall not have jurisdiction<\/span> to review the small renewable energy project<\/span> or to condition the construction or operation of a small renewable energy project<\/span> upon the State Corporation Commission’s issuance of any permit or certificate under any provision of Title 56, provided that the State Corporation Commission shall retain jurisdiction<\/span> to resolve requests for joint use of the rights of way of public service corporations pursuant to § 56-259<\/a> and denials of requests for interconnection of facilities pursuant to § 56-578<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the owner or operator of a small renewable energy project<\/span> for which the Department<\/span> has authorized a permit by rule pursuant to this article is a utility regulated pursuant to Title 56, such small renewable energy project<\/span> shall be exempt from any provision of § 56-46.1<\/a> and any corresponding provision of subsection D of § 56-580<\/a> or Chapter 10.1 (§ 56-265.1<\/a> et seq.) of Title 56 that requires environmental review and permitting by the State Corporation Commission. An owner or operator of a small renewable energy project<\/span> that is granted a permit by rule pursuant to subsection I of § 10.1-1197.6<\/a>, shall not be required to obtain a certificate of public convenience and necessity pursuant to subsection D of § 56-580<\/a> or the Utility Facilities Act (§ 56-265.1<\/a> et seq.). Nothing in this section shall affect the jurisdiction<\/span> of the State Corporation Commission regarding a utility that is not eligible for a permit by rule, or the requirement of such utility to obtain a certificate of public convenience and necessity. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION OF STATE CORPORATION COMMISSION AUTHORITY (\u00a7 10.1-1197.8)\n\nA. If the owner or operator of a small renewable energy project to whom the\nDepartment has authorized a permit by rule pursuant to this article is not a\nutility regulated pursuant to Title 56, then the State Corporation Commission\nshall not have jurisdiction to review the small renewable energy project or to\ncondition the construction or operation of a small renewable energy project upon\nthe State Corporation Commission’s issuance of any permit or certificate\nunder any provision of Title 56, provided that the State Corporation Commission\nshall retain jurisdiction to resolve requests for joint use of the rights of way\nof public service corporations pursuant to § 56-259 and denials of requests\nfor interconnection of facilities pursuant to § 56-578.\n\nB. If the owner or operator of a small renewable energy project for which the\nDepartment has authorized a permit by rule pursuant to this article is a utility\nregulated pursuant to Title 56, such small renewable energy project shall be\nexempt from any provision of § 56-46.1 and any corresponding provision of\nsubsection D of § 56-580 or Chapter 10.1 (§ 56-265.1 et seq.) of Title\n56 that requires environmental review and permitting by the State Corporation\nCommission. An owner or operator of a small renewable energy project that is\ngranted a permit by rule pursuant to subsection I of § 10.1-1197.6, shall\nnot be required to obtain a certificate of public convenience and necessity\npursuant to subsection D of § 56-580 or the Utility Facilities Act (§\n56-265.1 et seq.). Nothing in this section shall affect the jurisdiction of the\nState Corporation Commission regarding a utility that is not eligible for a\npermit by rule, or the requirement of such utility to obtain a certificate of\npublic convenience and necessity.\n\nHISTORY: 2009, cc. 808, 854; 2017, c. 368.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}