{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-245.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-245.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-245.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-245.3.html"}],"law_id":74553,"edition_id":1,"section_id":74553,"structure_id":16678,"section_number":"56-245.3","catch_line":"Commission to promulgate regulations and standards","history":"1978, c. 392; 1979, c. 313; 1980, c. 741; 1986, c. 11; 1988, c. 231; 1989, c. 188; 1991, c. 573; 1992, c. 766; 2003, c. 355; 2012, c. 338; 2024, c. 557.","full_text":"A\n\nNotwithstanding any law to the contrary, the Commission shall promulgate regulations and standards under which any owner, operator, or manager of an apartment house, office building, shopping center, or campground, which is not individually metered for electricity or gas for each dwelling unit, nonresidential rental unit, or campsite may install submetering equipment or energy allocation equipment for the purpose of fairly allocating (a) the cost of electrical or gas consumption for each dwelling unit, nonresidential rental unit, or campsite and (b) electrical or gas demand and customer charges made by the utility. In addition to other appropriate safeguards for the tenant, the regulations shall require (i) that an apartment house, office building, shopping center, or campground owner shall not impose on the tenant any charges, over and above the cost per kilowatt hour, cubic foot or therm, plus demand and customer charges, where applicable, which are charged by the utility company to the owner, including any sales, local utility, or other taxes, if any, except that additional service charges permitted by § 55.1-1212 or 55.1-1404, as applicable, may be collected to cover administrative costs and billing, and (ii) that the apartment house, office building, shopping center, or campground owner shall maintain adequate records regarding submetering and energy allocation equipment and shall make such records available for inspection by the Commission during reasonable business hours. The provisions of this section shall not restrict the right of the owner, operator or manager to recover in periodic lease payments the tenant’s fair share of electricity or gas costs attributable to owner-paid areas and costs incurred by the owner, operator or manager in establishing and maintaining the submetering or energy allocation equipment.B\n\nOnly for purposes of Commission enforcement of the regulations adopted under this section, the owners, operators, or managers of apartment houses, office buildings, shopping centers, or campgrounds included within the purview of this article shall be treated as public service corporations under §§ 56-5, 56-6 and 56-7. All submetering equipment shall be subject to the same regulations and standards established by the Commission for accuracy, testing, and record keeping of meters installed by electric or gas utilities and shall be subject to the meter requirements of § 56-245.1. All energy allocation equipment shall be subject to regulations and standards established by the Commission to ensure that such systems result in a reasonable determination of energy use and the resulting costs for each dwelling unit, nonresidential rental unit, or campsite. Violations of Commission regulations and orders issued under this section shall be subject to the penalty set forth in § 12.1-33.C\n\nIn implementing this section, no apartment house, office building, shopping center, or campground shall be considered a public utility or public service corporation engaged in the business of distributing or reselling electricity or gas except as provided in subsection B. The apartment house, office building, shopping center, or campground may use submetering or energy allocation equipment solely to allocate the costs of electric or gas service fairly among the tenants using the apartment house, office building, shopping center, or campground.D\n\nFor the purposes of rules promulgated pursuant to this section, billing requirements and all other rules related to submetering or energy allocation equipment use by tenants of an apartment house, office building, shopping center, or campground shall apply to residential and nonresidential unit owners.","order_by":null,"text":{"0":{"id":267922,"text":"Notwithstanding any law to the contrary, the Commission shall promulgate regulations and standards under which any owner, operator, or manager of an apartment house, office building, shopping center, or campground, which is not individually metered for electricity or gas for each dwelling unit, nonresidential rental unit, or campsite may install submetering equipment or energy allocation equipment for the purpose of fairly allocating (a) the cost of electrical or gas consumption for each dwelling unit, nonresidential rental unit, or campsite and (b) electrical or gas demand and customer charges made by the utility. In addition to other appropriate safeguards for the tenant, the regulations shall require (i) that an apartment house, office building, shopping center, or campground owner shall not impose on the tenant any charges, over and above the cost per kilowatt hour, cubic foot or therm, plus demand and customer charges, where applicable, which are charged by the utility company to the owner, including any sales, local utility, or other taxes, if any, except that additional service charges permitted by § 55.1-1212 or 55.1-1404, as applicable, may be collected to cover administrative costs and billing, and (ii) that the apartment house, office building, shopping center, or campground owner shall maintain adequate records regarding submetering and energy allocation equipment and shall make such records available for inspection by the Commission during reasonable business hours. The provisions of this section shall not restrict the right of the owner, operator or manager to recover in periodic lease payments the tenant’s fair share of electricity or gas costs attributable to owner-paid areas and costs incurred by the owner, operator or manager in establishing and maintaining the submetering or energy allocation equipment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267923,"text":"Only for purposes of Commission enforcement of the regulations adopted under this section, the owners, operators, or managers of apartment houses, office buildings, shopping centers, or campgrounds included within the purview of this article shall be treated as public service corporations under §§ 56-5, 56-6 and 56-7. All submetering equipment shall be subject to the same regulations and standards established by the Commission for accuracy, testing, and record keeping of meters installed by electric or gas utilities and shall be subject to the meter requirements of § 56-245.1. All energy allocation equipment shall be subject to regulations and standards established by the Commission to ensure that such systems result in a reasonable determination of energy use and the resulting costs for each dwelling unit, nonresidential rental unit, or campsite. Violations of Commission regulations and orders issued under this section shall be subject to the penalty set forth in § 12.1-33.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267924,"text":"In implementing this section, no apartment house, office building, shopping center, or campground shall be considered a public utility or public service corporation engaged in the business of distributing or reselling electricity or gas except as provided in subsection B. The apartment house, office building, shopping center, or campground may use submetering or energy allocation equipment solely to allocate the costs of electric or gas service fairly among the tenants using the apartment house, office building, shopping center, or campground.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":267925,"text":"For the purposes of rules promulgated pursuant to this section, billing requirements and all other rules related to submetering or energy allocation equipment use by tenants of an apartment house, office building, shopping center, or campground shall apply to residential and nonresidential unit owners.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16678,"edition_id":1,"name":"Regulation of Submetering and Energy Allocation Equipment","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":13238,"metadata":{},"date_created":"2026-06-26 04:32:12","date_modified":"2026-06-26 04:32:12","permalink":{"id":248929,"object_type":"structure","relational_id":16678,"identifier":"2.1","token":"56\/10\/2.1","url":"\/56\/10\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13238,"edition_id":1,"name":"Heat, Light, Power, Water and Other Utility Companies Generally","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":248721,"object_type":"structure","relational_id":13238,"identifier":"10","token":"56\/10","url":"\/56\/10\/","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":79615,"structure_id":16678,"section_number":"56-245.2","catch_line":"Definitions","url":"\/56-245.2\/","token":"56\/10\/2.1\/56-245.2","metadata":false},{"id":74553,"structure_id":16678,"section_number":"56-245.3","catch_line":"Commission to promulgate regulations and standards","url":"\/56-245.3\/","token":"56\/10\/2.1\/56-245.3","metadata":false}],"previous_section":{"id":79615,"structure_id":16678,"section_number":"56-245.2","catch_line":"Definitions","url":"\/56-245.2\/","token":"56\/10\/2.1\/56-245.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-245.3\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 392 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. Unfortunately, the 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. 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. Those modifications are as follows: in 1979, chapter 313; in 1980, chapter 741; in 1986, chapter 11; in 1988, chapter 231; in 1989, chapter 188; in 1991, chapter 573; in 1992, chapter 766; in 2003, chapter 355<\/a>; in 2012, chapter 338<\/a>; in 2024, chapter 557<\/a>.<\/p>","references":[{"id":67894,"section_number":"55.1-1212","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, and ratio utility billing systems; local government fees","order_by":null,"url":"\/55.1-1212\/"},{"id":71023,"section_number":"55.1-1307","catch_line":"Charge for utility service","order_by":null,"url":"\/55.1-1307\/"},{"id":74794,"section_number":"55.1-1404","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, ratio utility billings systems; local government fees","order_by":null,"url":"\/55.1-1404\/"},{"id":79615,"section_number":"56-245.2","catch_line":"Definitions","order_by":null,"url":"\/56-245.2\/"}],"refers_to":[{"id":67894,"section_number":"55.1-1212","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, and ratio utility billing systems; local government fees","order_by":null,"url":"\/55.1-1212\/"},{"id":74794,"section_number":"55.1-1404","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, ratio utility billings systems; local government fees","order_by":null,"url":"\/55.1-1404\/"},{"id":75868,"section_number":"56-245.1","catch_line":"Meters to be kept in good working condition; defective meters","order_by":null,"url":"\/56-245.1\/"},{"id":86200,"section_number":"56-5","catch_line":"Triple damages for injury to property of public service corporation","order_by":null,"url":"\/56-5\/"},{"id":70532,"section_number":"56-6","catch_line":"Remedies of persons aggrieved by public service corporation's violation of law","order_by":null,"url":"\/56-6\/"},{"id":66678,"section_number":"56-7","catch_line":"Common law, etc., remedies not altered or abridged","order_by":null,"url":"\/56-7\/"}],"permalink":{"id":248935,"object_type":"law","relational_id":74553,"identifier":"56-245.3","token":"56\/10\/2.1\/56-245.3","url":"\/56-245.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-245.3\/","token":"56\/10\/2.1\/56-245.3","dublin_core":{"Title":"Commission to promulgate regulations and standards","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-245.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any law<\/span> to the contrary, the Commission<\/span> shall promulgate regulations and standards under which any owner, operator, or manager of an apartment house, office building, shopping center, or campground, which is not individually metered for electricity or gas for each dwelling unit, nonresidential rental unit, or campsite may install submetering equipment or energy allocation equipment for the purpose of fairly allocating (a) the cost of electrical or gas consumption for each dwelling unit, nonresidential rental unit, or campsite and (b) electrical or gas demand and customer charges made by the utility. In addition to other appropriate safeguards for the tenant, the regulations shall require (i) that an apartment house, office building, shopping center, or campground owner shall not impose on the tenant any charges, over and above the cost per kilowatt hour, cubic foot or therm, plus demand and customer charges, where applicable, which are charged by the utility company<\/span> to the owner, including any sales, local utility, or other taxes, if any, except that additional service charges permitted by § 55.1-1212<\/a> or 55.1-1404<\/a>, as applicable, may be collected to cover administrative costs and billing, and (ii) that the apartment house, office building, shopping center, or campground owner shall maintain adequate records regarding submetering and energy allocation equipment and shall make such records available for inspection by the Commission<\/span> during reasonable business hours. The provisions of this section shall not restrict the right of the owner, operator or manager to recover in periodic lease payments the tenant’s fair share of electricity or gas costs attributable to owner-paid areas and costs incurred by the owner, operator or manager in establishing and maintaining the submetering or energy allocation equipment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Only for purposes of Commission<\/span> enforcement of the regulations adopted under this section, the owners, operators, or managers of apartment houses, office buildings, shopping centers, or campgrounds included within the purview of this article shall be treated as public service corporations<\/span> under §§ 56-5<\/a>, 56-6<\/a> and 56-7<\/a>. All submetering equipment shall be subject to the same regulations and standards established by the Commission<\/span> for accuracy, testing, and record keeping of meters installed by electric or gas utilities and shall be subject to the meter requirements of § 56-245.1<\/a>. All energy allocation equipment shall be subject to regulations and standards established by the Commission<\/span> to ensure that such systems result in a reasonable determination of energy use and the resulting costs for each dwelling unit, nonresidential rental unit, or campsite. Violations of Commission<\/span> regulations and orders<\/span> issued under this section shall be subject to the penalty<\/span> set forth in § 12.1-33<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In implementing this section, no apartment house, office building, shopping center, or campground shall be considered a public utility or public service corporation<\/span> engaged in the business of distributing or reselling electricity or gas except as provided in subsection B. The apartment house, office building, shopping center, or campground may use submetering or energy allocation equipment solely to allocate the costs of electric or gas service fairly among the tenants using the apartment house, office building, shopping center, or campground. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of rules promulgated pursuant to this section, billing requirements and all other rules related to submetering or energy allocation equipment use by tenants of an apartment house, office building, shopping center, or campground shall apply to residential and nonresidential unit owners. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMISSION TO PROMULGATE REGULATIONS AND STANDARDS (\u00a7 56-245.3)\n\nA. Notwithstanding any law to the contrary, the Commission shall promulgate\nregulations and standards under which any owner, operator, or manager of an\napartment house, office building, shopping center, or campground, which is not\nindividually metered for electricity or gas for each dwelling unit,\nnonresidential rental unit, or campsite may install submetering equipment or\nenergy allocation equipment for the purpose of fairly allocating (a) the cost of\nelectrical or gas consumption for each dwelling unit, nonresidential rental\nunit, or campsite and (b) electrical or gas demand and customer charges made by\nthe utility. In addition to other appropriate safeguards for the tenant, the\nregulations shall require (i) that an apartment house, office building, shopping\ncenter, or campground owner shall not impose on the tenant any charges, over and\nabove the cost per kilowatt hour, cubic foot or therm, plus demand and customer\ncharges, where applicable, which are charged by the utility company to the\nowner, including any sales, local utility, or other taxes, if any, except that\nadditional service charges permitted by § 55.1-1212 or 55.1-1404, as\napplicable, may be collected to cover administrative costs and billing, and (ii)\nthat the apartment house, office building, shopping center, or campground owner\nshall maintain adequate records regarding submetering and energy allocation\nequipment and shall make such records available for inspection by the Commission\nduring reasonable business hours. The provisions of this section shall not\nrestrict the right of the owner, operator or manager to recover in periodic\nlease payments the tenant’s fair share of electricity or gas costs\nattributable to owner-paid areas and costs incurred by the owner, operator or\nmanager in establishing and maintaining the submetering or energy allocation\nequipment.\n\nB. Only for purposes of Commission enforcement of the regulations adopted under\nthis section, the owners, operators, or managers of apartment houses, office\nbuildings, shopping centers, or campgrounds included within the purview of this\narticle shall be treated as public service corporations under §§ 56-5,\n56-6 and 56-7. All submetering equipment shall be subject to the same\nregulations and standards established by the Commission for accuracy, testing,\nand record keeping of meters installed by electric or gas utilities and shall be\nsubject to the meter requirements of § 56-245.1. All energy allocation\nequipment shall be subject to regulations and standards established by the\nCommission to ensure that such systems result in a reasonable determination of\nenergy use and the resulting costs for each dwelling unit, nonresidential rental\nunit, or campsite. Violations of Commission regulations and orders issued under\nthis section shall be subject to the penalty set forth in § 12.1-33.\n\nC. In implementing this section, no apartment house, office building, shopping\ncenter, or campground shall be considered a public utility or public service\ncorporation engaged in the business of distributing or reselling electricity or\ngas except as provided in subsection B. The apartment house, office building,\nshopping center, or campground may use submetering or energy allocation\nequipment solely to allocate the costs of electric or gas service fairly among\nthe tenants using the apartment house, office building, shopping center, or\ncampground.\n\nD. For the purposes of rules promulgated pursuant to this section, billing\nrequirements and all other rules related to submetering or energy allocation\nequipment use by tenants of an apartment house, office building, shopping\ncenter, or campground shall apply to residential and nonresidential unit owners.\n\nHISTORY: 1978, c. 392; 1979, c. 313; 1980, c. 741; 1986, c. 11; 1988, c. 231;\n1989, c. 188; 1991, c. 573; 1992, c. 766; 2003, c. 355; 2012, c. 338; 2024, c.\n557.","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}}