{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-231.38.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-231.38.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-231.38.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-231.38.html"}],"law_id":66888,"edition_id":1,"section_id":66888,"structure_id":13183,"section_number":"56-231.38","catch_line":"Definitions","history":"1999, c. 874; 2000, cc. 944, 964, 989, 999.","full_text":"As used in this article:\n\t\t“Affiliate” means a separate affiliated or subsidiary corporation or other separate legal entity.\n\t\t“Board” means any board of directors of a cooperative formed under or which becomes subject to this article.\n\t\t“Commission” means the State Corporation Commission of Virginia.\n\t\t“Cooperative” means a power supply cooperative formed under the former Power Supply Cooperatives Act (\u00a7 56-231.1 et seq.) or a utility aggregation cooperative formed under this article or which becomes subject to this article.\n\t\t“Energy” means and includes all energy, regardless of how or where it is generated or produced.\n\t\t“HVACR” means heating, ventilation, air conditioning and refrigeration.\n\t\t“Member” means any person that holds any class of membership in a cooperative.\n\t\t“Obligations” means all evidences of indebtedness issued by or the payment of which is assumed by a cooperative.\n\t\t“Patronage capital” includes all amounts received by a cooperative from the sale of electric power to members in excess of the cooperative’s cost of furnishing electric power to members and such other margins as determined by the Board.\n\t\t“Person” means and includes natural persons, firms, associations, cooperatives, corporations, limited liability companies, business trusts, partnerships, limited liability partnerships and bodies politic.\n\t\t“Propane or fuel oil equipment” means equipment and related systems to store or use propane or fuel oil products.\n\t\t“Regulated utility services” means utility services that are subject to regulation as to rates or service by the Commission.\n\t\t“System” means any plant, works, facility, or property used or useful in connection with the purchase, generation, sale or transmission of energy, utility products and services, or both.\n\t\t“Traditional cooperative activity” means any business, service or activity in which cooperatives in Virginia have traditionally engaged and that is incidental to and substantially related to the electric utility business conducted by a cooperative on or before July 1, 1999; provided, however, that traditional cooperative activity does not include any program to (i) buy or maintain an inventory of HVACR equipment or household appliances; (ii) install or service any such equipment or household appliances for customers, unless such service is not provided by the cooperative but by a third party individual, firm or corporation licensed to perform such service; (iii) sell HVACR equipment or household appliances to customers metered and billed on residential rates; (iv) sell HVACR equipment to customers other than those metered and billed on residential rates except where such sale is an incidental part of providing other energy services or providing other traditional cooperative activities; (v) sell or distribute propane or fuel oil; sell, install or service propane or fuel oil equipment; or maintain or buy an inventory of propane or fuel oil equipment for resale; or (vi) serve as a coordinator of nonelectric energy services or provide engineering consulting services except when such energy or engineering services are an incidental part of a marketing effort to provide other energy or engineering services or as a part of providing services that are other traditional cooperative activities.\n\t\t“Utility services” means any products, services, and equipment related to energy, telecommunications, water and sewerage.","order_by":null,"text":{"0":{"id":242542,"text":"As used in this article:\n\t\t“Affiliate” means a separate affiliated or subsidiary corporation or other separate legal entity.\n\t\t“Board” means any board of directors of a cooperative formed under or which becomes subject to this article.\n\t\t“Commission” means the State Corporation Commission of Virginia.\n\t\t“Cooperative” means a power supply cooperative formed under the former Power Supply Cooperatives Act (\u00a7 56-231.1 et seq.) or a utility aggregation cooperative formed under this article or which becomes subject to this article.\n\t\t“Energy” means and includes all energy, regardless of how or where it is generated or produced.\n\t\t“HVACR” means heating, ventilation, air conditioning and refrigeration.\n\t\t“Member” means any person that holds any class of membership in a cooperative.\n\t\t“Obligations” means all evidences of indebtedness issued by or the payment of which is assumed by a cooperative.\n\t\t“Patronage capital” includes all amounts received by a cooperative from the sale of electric power to members in excess of the cooperative’s cost of furnishing electric power to members and such other margins as determined by the Board.\n\t\t“Person” means and includes natural persons, firms, associations, cooperatives, corporations, limited liability companies, business trusts, partnerships, limited liability partnerships and bodies politic.\n\t\t“Propane or fuel oil equipment” means equipment and related systems to store or use propane or fuel oil products.\n\t\t“Regulated utility services” means utility services that are subject to regulation as to rates or service by the Commission.\n\t\t“System” means any plant, works, facility, or property used or useful in connection with the purchase, generation, sale or transmission of energy, utility products and services, or both.\n\t\t“Traditional cooperative activity” means any business, service or activity in which cooperatives in Virginia have traditionally engaged and that is incidental to and substantially related to the electric utility business conducted by a cooperative on or before July 1, 1999; provided, however, that traditional cooperative activity does not include any program to (i) buy or maintain an inventory of HVACR equipment or household appliances; (ii) install or service any such equipment or household appliances for customers, unless such service is not provided by the cooperative but by a third party individual, firm or corporation licensed to perform such service; (iii) sell HVACR equipment or household appliances to customers metered and billed on residential rates; (iv) sell HVACR equipment to customers other than those metered and billed on residential rates except where such sale is an incidental part of providing other energy services or providing other traditional cooperative activities; (v) sell or distribute propane or fuel oil; sell, install or service propane or fuel oil equipment; or maintain or buy an inventory of propane or fuel oil equipment for resale; or (vi) serve as a coordinator of nonelectric energy services or provide engineering consulting services except when such energy or engineering services are an incidental part of a marketing effort to provide other energy or engineering services or as a part of providing services that are other traditional cooperative activities.\n\t\t“Utility services” means any products, services, and equipment related to energy, telecommunications, water and sewerage.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13183,"edition_id":1,"name":"Utility Aggregation Cooperatives Act","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13182,"metadata":{},"date_created":"2026-06-26 03:44:24","date_modified":"2026-06-26 03:44:24","permalink":{"id":251431,"object_type":"structure","relational_id":13183,"identifier":"2","token":"56\/9.1\/2","url":"\/56\/9.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13182,"edition_id":1,"name":"Utility Consumer Services Cooperatives and Utility Aggregation Cooperatives","identifier":"9.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:24","date_modified":"2026-06-26 03:44:24","permalink":{"id":251323,"object_type":"structure","relational_id":13182,"identifier":"9.1","token":"56\/9.1","url":"\/56\/9.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66888,"structure_id":13183,"section_number":"56-231.38","catch_line":"Definitions","url":"\/56-231.38\/","token":"56\/9.1\/2\/56-231.38","metadata":false},{"id":87060,"structure_id":13183,"section_number":"56-231.39","catch_line":"Organization and purpose","url":"\/56-231.39\/","token":"56\/9.1\/2\/56-231.39","metadata":false},{"id":81119,"structure_id":13183,"section_number":"56-231.40","catch_line":"Names","url":"\/56-231.40\/","token":"56\/9.1\/2\/56-231.40","metadata":false},{"id":72635,"structure_id":13183,"section_number":"56-231.41","catch_line":"Articles of incorporation","url":"\/56-231.41\/","token":"56\/9.1\/2\/56-231.41","metadata":false},{"id":84810,"structure_id":13183,"section_number":"56-231.42","catch_line":"Bylaws","url":"\/56-231.42\/","token":"56\/9.1\/2\/56-231.42","metadata":false},{"id":87202,"structure_id":13183,"section_number":"56-231.43","catch_line":"Powers","url":"\/56-231.43\/","token":"56\/9.1\/2\/56-231.43","metadata":false},{"id":84311,"structure_id":13183,"section_number":"56-231.44","catch_line":"Board of directors","url":"\/56-231.44\/","token":"56\/9.1\/2\/56-231.44","metadata":false},{"id":64249,"structure_id":13183,"section_number":"56-231.45","catch_line":"Officers","url":"\/56-231.45\/","token":"56\/9.1\/2\/56-231.45","metadata":false},{"id":60554,"structure_id":13183,"section_number":"56-231.46","catch_line":"Members","url":"\/56-231.46\/","token":"56\/9.1\/2\/56-231.46","metadata":false},{"id":66528,"structure_id":13183,"section_number":"56-231.47","catch_line":"Adoption of article","url":"\/56-231.47\/","token":"56\/9.1\/2\/56-231.47","metadata":false},{"id":81005,"structure_id":13183,"section_number":"56-231.48","catch_line":"Applicability of other laws","url":"\/56-231.48\/","token":"56\/9.1\/2\/56-231.48","metadata":false},{"id":55354,"structure_id":13183,"section_number":"56-231.49","catch_line":"Restructuring costs","url":"\/56-231.49\/","token":"56\/9.1\/2\/56-231.49","metadata":false},{"id":77460,"structure_id":13183,"section_number":"56-231.50","catch_line":"Regulation by State Corporation Commission","url":"\/56-231.50\/","token":"56\/9.1\/2\/56-231.50","metadata":false},{"id":62015,"structure_id":13183,"section_number":"56-231.50:1","catch_line":"Separation of regulated and unregulated businesses","url":"\/56-231.50_1\/","token":"56\/9.1\/2\/56-231.50_1","metadata":false},{"id":54197,"structure_id":13183,"section_number":"56-231.50:2","catch_line":"Right of action; violation of rules or regulations","url":"\/56-231.50_2\/","token":"56\/9.1\/2\/56-231.50_2","metadata":false},{"id":60306,"structure_id":13183,"section_number":"56-231.51","catch_line":"Construction of article and conflicting laws","url":"\/56-231.51\/","token":"56\/9.1\/2\/56-231.51","metadata":false},{"id":80704,"structure_id":13183,"section_number":"56-231.52","catch_line":"Citation to article","url":"\/56-231.52\/","token":"56\/9.1\/2\/56-231.52","metadata":false}],"next_section":{"id":87060,"structure_id":13183,"section_number":"56-231.39","catch_line":"Organization and purpose","url":"\/56-231.39\/","token":"56\/9.1\/2\/56-231.39","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-231.38\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 874<\/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 2000, chapters 944<\/a>, 964<\/a>, 989<\/a>, and 999<\/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\/"},{"id":78934,"section_number":"56-585.1:3","catch_line":"Pilot programs for community solar development","order_by":null,"url":"\/56-585.1_3\/"}],"refers_to":false,"permalink":{"id":251433,"object_type":"law","relational_id":66888,"identifier":"56-231.38","token":"56\/9.1\/2\/56-231.38","url":"\/56-231.38\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-231.38\/","token":"56\/9.1\/2\/56-231.38","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-231.38","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:\n\t\t“Affiliate<\/span>” means a separate affiliated or subsidiary corporation<\/span> or other separate legal entity.\n\t\t“Board<\/span>” means any board<\/span> of directors of a cooperative formed under or which becomes subject to this article.\n\t\t“Commission<\/span>” means the State Corporation<\/span> Commission<\/span> of Virginia.\n\t\t“Cooperative” means a power supply cooperative formed under the former Power Supply Cooperatives<\/span> Act (\u00a7 56-231.1 et seq.) or a utility aggregation cooperative formed under this article or which becomes subject to this article.\n\t\t“Energy<\/span>” means and includes all energy<\/span>, regardless of how or where it is generated or produced.\n\t\t“HVACR<\/span>” means heating, ventilation, air conditioning and refrigeration.\n\t\t“Member<\/span>” means any person<\/span> that holds any class of membership in a cooperative.\n\t\t“Obligations<\/span>” means all evidences<\/span> of indebtedness issued by or the payment of which is assumed by a cooperative.\n\t\t“Patronage capital<\/span>” includes all amounts received by a cooperative from the sale of electric power to members<\/span> in excess of the cooperative’s cost of furnishing electric power to members<\/span> and such other margins as determined by the Board<\/span>.\n\t\t“Person<\/span>” means and includes natural persons<\/span>, firms, associations, cooperatives<\/span>, corporations<\/span>, limited liability companies, business trusts, partnerships, limited liability partnerships and bodies politic.\n\t\t“Propane or fuel oil equipment<\/span>” means equipment and related systems<\/span> to store or use propane or fuel oil products.\n\t\t“Regulated utility services<\/span>” means utility services that are subject to regulation as to rates<\/span> or service by the Commission<\/span>.\n\t\t“System<\/span>” means any plant, works, facility, or property used or useful in connection with the purchase, generation, sale or transmission of energy<\/span>, utility products and services, or both.\n\t\t“Traditional cooperative activity<\/span>” means any business, service or activity in which cooperatives<\/span> in Virginia have traditionally engaged and that is incidental to and substantially related to the electric utility business conducted by a cooperative on or before July 1, 1999; provided, however, that traditional cooperative activity<\/span> does not include any program to (i) buy or maintain an inventory of HVACR<\/span> equipment or household appliances; (ii) install or service any such equipment or household appliances for customers, unless such service is not provided by the cooperative but by a third party<\/span> individual, firm or corporation<\/span> licensed to perform such service; (iii) sell HVACR<\/span> equipment or household appliances to customers metered and billed on residential rates<\/span>; (iv) sell HVACR<\/span> equipment to customers other than those metered and billed on residential rates<\/span> except where such sale is an incidental part of providing other energy<\/span> services or providing other traditional cooperative activities; (v) sell or distribute propane or fuel oil; sell, install or service propane or fuel oil equipment<\/span>; or maintain or buy an inventory of propane or fuel oil equipment<\/span> for resale; or (vi) serve as a coordinator of nonelectric energy<\/span> services or provide engineering consulting services except when such energy<\/span> or engineering services are an incidental part of a marketing effort to provide other energy<\/span> or engineering services or as a part of providing services that are other traditional cooperative activities.\n\t\t“Utility services” means any products, services, and equipment related to energy<\/span>, telecommunications, water and sewerage.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 56-231.38)\n\nAs used in this article:\n\t\t“Affiliate” means a separate affiliated or subsidiary corporation\nor other separate legal entity.\n\t\t“Board” means any board of directors of a cooperative formed under\nor which becomes subject to this article.\n\t\t“Commission” means the State Corporation Commission of Virginia.\n\t\t“Cooperative” means a power supply cooperative formed under the\nformer Power Supply Cooperatives Act (\u00a7 56-231.1 et seq.) or a utility\naggregation cooperative formed under this article or which becomes subject to\nthis article.\n\t\t“Energy” means and includes all energy, regardless of how or where\nit is generated or produced.\n\t\t“HVACR” means heating, ventilation, air conditioning and\nrefrigeration.\n\t\t“Member” means any person that holds any class of membership in a\ncooperative.\n\t\t“Obligations” means all evidences of indebtedness issued by or the\npayment of which is assumed by a cooperative.\n\t\t“Patronage capital” includes all amounts received by a cooperative\nfrom the sale of electric power to members in excess of the cooperative’s\ncost of furnishing electric power to members and such other margins as\ndetermined by the Board.\n\t\t“Person” means and includes natural persons, firms, associations,\ncooperatives, corporations, limited liability companies, business trusts,\npartnerships, limited liability partnerships and bodies politic.\n\t\t“Propane or fuel oil equipment” means equipment and related\nsystems to store or use propane or fuel oil products.\n\t\t“Regulated utility services” means utility services that are\nsubject to regulation as to rates or service by the Commission.\n\t\t“System” means any plant, works, facility, or property used or\nuseful in connection with the purchase, generation, sale or transmission of\nenergy, utility products and services, or both.\n\t\t“Traditional cooperative activity” means any business, service or\nactivity in which cooperatives in Virginia have traditionally engaged and that\nis incidental to and substantially related to the electric utility business\nconducted by a cooperative on or before July 1, 1999; provided, however, that\ntraditional cooperative activity does not include any program to (i) buy or\nmaintain an inventory of HVACR equipment or household appliances; (ii) install\nor service any such equipment or household appliances for customers, unless such\nservice is not provided by the cooperative but by a third party individual, firm\nor corporation licensed to perform such service; (iii) sell HVACR equipment or\nhousehold appliances to customers metered and billed on residential rates; (iv)\nsell HVACR equipment to customers other than those metered and billed on\nresidential rates except where such sale is an incidental part of providing\nother energy services or providing other traditional cooperative activities; (v)\nsell or distribute propane or fuel oil; sell, install or service propane or fuel\noil equipment; or maintain or buy an inventory of propane or fuel oil equipment\nfor resale; or (vi) serve as a coordinator of nonelectric energy services or\nprovide engineering consulting services except when such energy or engineering\nservices are an incidental part of a marketing effort to provide other energy or\nengineering services or as a part of providing services that are other\ntraditional cooperative activities.\n\t\t“Utility services” means any products, services, and equipment\nrelated to energy, telecommunications, water and sewerage.\n\nHISTORY: 1999, c. 874; 2000, cc. 944, 964, 989, 999.","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}}