{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-265.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-265.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-265.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-265.1.html"}],"law_id":85772,"edition_id":1,"section_id":85772,"structure_id":14176,"section_number":"56-265.1","catch_line":"Definitions","history":"1950, p. 599; 1954, c. 354; 1970, c. 265; 1981, c. 506; 1988, c. 440; 1990, c. 488; 1991, c. 263; 1992, c. 476; 1994, cc. 652, 852; 1995, c. 643; 1997, cc. 105, 148; 1999, c. 768; 2000, cc. 528, 543; 2002, cc. 479, 489; 2004, cc. 748, 1028; 2005, c. 22; 2006, c. 411; 2007, c. 813; 2009, cc. 746, 794; 2018, c. 296; 2020, c. 1190; 2022, cc. 728, 759.","full_text":"In this chapter, the following terms shall have the following meanings:\n\na\n\n“Company” means a corporation, a limited liability company, an individual, a partnership, an association, a joint-stock company, a business trust, a cooperative, or an organized group of persons, whether incorporated or not; or any receiver, trustee or other liquidating agent of any of the foregoing in his capacity as such; but not a municipal corporation or a county, unless such municipal corporation or county has obtained a certificate pursuant to § 56-265.4:4.b\n\n“Public utility” means any company that owns or operates facilities within the Commonwealth of Virginia for the generation, transmission, or distribution of electric energy for sale, for the production, storage, transmission, or distribution, otherwise than in enclosed portable containers, of natural gas, or, if produced, stored, transmitted, or distributed by a natural gas utility as defined in \u00a7 56-265.4:6, supplemental or substitute forms of gas sources as defined in \u00a7 56-248.1, or geothermal resources for sale for heat, light or power, or for the furnishing of telephone service, sewerage facilities or water. A “public utility” may own a facility for the storage of electric energy for sale that includes one or more pumped hydroelectricity generation and storage facilities located in the coalfield region of Virginia as described in \u00a7 15.2-6002. However, the term “public utility” does not include any of the following:1\n\nExcept as otherwise provided in § 56-265.3:1, any company furnishing sewerage facilities, geothermal resources or water to less than 50 customers. Any company furnishing water or sewer services to 10 or more customers and excluded by this subdivision from the definition of “public utility” for purposes of this chapter nevertheless shall not abandon the water or sewer services unless and until approval is granted by the Commission or all the customers receiving such services agree to accept ownership of the company.2\n\nAny company generating and distributing electric energy exclusively for its own consumption.3\n\nAny company (A) which furnishes electric service together with heating and cooling services, generated at a central plant installed on the premises to be served, to the tenants of a building or buildings located on a single tract of land undivided by any publicly maintained highway, street or road at the time of installation of the central plant, and (B) which does not charge separately or by meter for electric energy used by any tenant except as part of a rental charge. Any company excluded by this subdivision from the definition of “public utility” for the purposes of this chapter nevertheless shall, within 30 days following the issuance of a building permit, notify the State Corporation Commission in writing of the ownership, capacity and location of such central plant, and it shall be subject, with regard to the quality of electric service furnished, to the provisions of Chapters 10 (§ 56-232 et seq.) and 17 (§ 56-509 et seq.) and regulations thereunder and be deemed a public utility for such purposes, if such company furnishes such service to 100 or more lessees.4\n\nAny company, or affiliate thereof, making a first or direct sale, or ancillary transmission or delivery service, of natural gas to fewer than 35 commercial or industrial customers, which are not themselves “public utilities” as defined in this chapter, or to certain public schools as indicated in this subdivision, for use solely by such purchasing customers at facilities which are not located in a territory for which a certificate to provide gas service has been issued by the Commission under this chapter and which, at the time of the Commission’s receipt of the notice provided under § 56-265.4:5, are not located within any area, territory, or jurisdiction served by a municipal corporation that provided gas distribution service as of January 1, 1992, provided that such company shall comply with the provisions of § 56-265.4:5. Direct sales or ancillary transmission or delivery services of natural gas to public schools in the following localities may be made without regard to the number of schools involved and shall not count against the “fewer than 35″ requirement in this subdivision: the Counties of Dickenson, Wise, Russell, and Buchanan, and the City of Norton.5\n\nAny company which is not a public service corporation and which provides compressed natural gas service at retail for the public.6\n\nAny company selling landfill gas from a solid waste management facility permitted by the Department of Environmental Quality to a public utility certificated by the Commission to provide gas distribution service to the public in the area in which the solid waste management facility is located. If such company submits to the public utility a written offer for sale of such gas and the public utility does not agree within 60 days to purchase such gas on mutually satisfactory terms, then the company may sell such gas to (i) any facility owned and operated by the Commonwealth which is located within three miles of the solid waste management facility or (ii) any purchaser after such landfill gas has been liquefied. The provisions of this subdivision shall not apply to the City of Lynchburg or Fairfax County.7\n\nAny authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.) making a sale or ancillary transmission or delivery service of landfill gas to a commercial or industrial customer from a solid waste management facility permitted by the Department of Environmental Quality and operated by that same authority, if such an authority limits off-premises sale, transmission or delivery service of landfill gas to no more than one purchaser. The authority may contract with other persons for the construction and operation of facilities necessary or convenient to the sale, transmission or delivery of landfill gas, and no such person shall be deemed a public utility solely by reason of its construction or operation of such facilities. If the purchaser of the landfill gas is located within the certificated service territory of a natural gas public utility, the public utility may file for Commission approval a proposed tariff to reflect any anticipated or known changes in service to the purchaser as a result of the use of landfill gas. No such tariff shall impose on the purchaser of the landfill gas terms less favorable than similarly situated customers with alternative fuel capabilities; provided, however, that such tariff may impose such requirements as are reasonably calculated to recover the cost of such service and to protect and ensure the safety and integrity of the public utility’s facilities.8\n\nA company selling or delivering only landfill gas, electricity generated from only landfill gas, or both, that is derived from a solid waste management facility permitted by the Department of Environmental Quality and sold or delivered from any such facility to not more than three commercial or industrial purchasers or to a natural gas or electric public utility, municipal corporation or county as authorized by this section. If a purchaser of the landfill gas is located within the certificated service territory of a natural gas public utility or within an area in which a municipal corporation provides gas distribution service and the landfill gas is to be used in facilities constructed after January 1, 2000, such company shall submit to such public utility or municipal corporation a written offer for sale of that gas prior to offering the gas for sale or delivery to a commercial or industrial purchaser. If the public utility or municipal corporation does not agree within 60 days following the date of the offer to purchase such landfill gas on mutually satisfactory terms, then the company shall be authorized to sell such landfill gas, electricity, or both, to the commercial or industrial purchaser, utility, municipal corporation, or county. Such public utility may file for Commission approval a proposed tariff to reflect any anticipated or known changes in service to the purchaser as a result of the purchaser’s use of the landfill gas. No such tariff shall impose on such purchaser of the landfill gas terms less favorable than those imposed on similarly situated customers with alternative fuel capabilities; provided, however, that such tariff may impose such requirements as are reasonably calculated to recover any cost of such service and to protect and ensure the safety and integrity of the public utility’s facilities.9\n\nA company that is not organized as a public service company pursuant to subsection D of § 13.1-620 and that sells and delivers propane air only to one or more public utilities. Any company excluded by this subdivision from the definition of “public utility” for the purposes of this chapter nevertheless shall be subject to the Commission’s jurisdiction relating to gas pipeline safety and enforcement.10\n\nA farm or aggregation of farms that owns and operates facilities within the Commonwealth for the generation of electric energy from waste-to-energy technology. As used in this subdivision, (i) “farm” means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) “agricultural waste” means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) “waste-to-energy technology” means any technology, including a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site.11\n\nA company, other than an entity organized as a public service company, that provides non-utility gas service as provided in § 56-265.4:6.12\n\nA company, other than an entity organized as a public service company, that provides storage of electric energy that is not for sale to the public.c\n\n“Commission” means the State Corporation Commission.d\n\n“Geothermal resources” means those resources as defined in § 45.2-2000.","order_by":null,"text":{"0":{"id":307170,"text":"In this chapter, the following terms shall have the following meanings:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":307171,"text":"“Company” means a corporation, a limited liability company, an individual, a partnership, an association, a joint-stock company, a business trust, a cooperative, or an organized group of persons, whether incorporated or not; or any receiver, trustee or other liquidating agent of any of the foregoing in his capacity as such; but not a municipal corporation or a county, unless such municipal corporation or county has obtained a certificate pursuant to § 56-265.4:4.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"b"},"2":{"id":307172,"text":"“Public utility” means any company that owns or operates facilities within the Commonwealth of Virginia for the generation, transmission, or distribution of electric energy for sale, for the production, storage, transmission, or distribution, otherwise than in enclosed portable containers, of natural gas, or, if produced, stored, transmitted, or distributed by a natural gas utility as defined in \u00a7 56-265.4:6, supplemental or substitute forms of gas sources as defined in \u00a7 56-248.1, or geothermal resources for sale for heat, light or power, or for the furnishing of telephone service, sewerage facilities or water. A “public utility” may own a facility for the storage of electric energy for sale that includes one or more pumped hydroelectricity generation and storage facilities located in the coalfield region of Virginia as described in \u00a7 15.2-6002. However, the term “public utility” does not include any of the following:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"3":{"id":307173,"text":"Except as otherwise provided in § 56-265.3:1, any company furnishing sewerage facilities, geothermal resources or water to less than 50 customers. Any company furnishing water or sewer services to 10 or more customers and excluded by this subdivision from the definition of “public utility” for purposes of this chapter nevertheless shall not abandon the water or sewer services unless and until approval is granted by the Commission or all the customers receiving such services agree to accept ownership of the company.","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"4":{"id":307174,"text":"Any company generating and distributing electric energy exclusively for its own consumption.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"5":{"id":307175,"text":"Any company (A) which furnishes electric service together with heating and cooling services, generated at a central plant installed on the premises to be served, to the tenants of a building or buildings located on a single tract of land undivided by any publicly maintained highway, street or road at the time of installation of the central plant, and (B) which does not charge separately or by meter for electric energy used by any tenant except as part of a rental charge. Any company excluded by this subdivision from the definition of “public utility” for the purposes of this chapter nevertheless shall, within 30 days following the issuance of a building permit, notify the State Corporation Commission in writing of the ownership, capacity and location of such central plant, and it shall be subject, with regard to the quality of electric service furnished, to the provisions of Chapters 10 (§ 56-232 et seq.) and 17 (§ 56-509 et seq.) and regulations thereunder and be deemed a public utility for such purposes, if such company furnishes such service to 100 or more lessees.","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"b4"},"6":{"id":307176,"text":"Any company, or affiliate thereof, making a first or direct sale, or ancillary transmission or delivery service, of natural gas to fewer than 35 commercial or industrial customers, which are not themselves “public utilities” as defined in this chapter, or to certain public schools as indicated in this subdivision, for use solely by such purchasing customers at facilities which are not located in a territory for which a certificate to provide gas service has been issued by the Commission under this chapter and which, at the time of the Commission’s receipt of the notice provided under § 56-265.4:5, are not located within any area, territory, or jurisdiction served by a municipal corporation that provided gas distribution service as of January 1, 1992, provided that such company shall comply with the provisions of § 56-265.4:5. Direct sales or ancillary transmission or delivery services of natural gas to public schools in the following localities may be made without regard to the number of schools involved and shall not count against the “fewer than 35″ requirement in this subdivision: the Counties of Dickenson, Wise, Russell, and Buchanan, and the City of Norton.","type":"section","prefixes":["b","4"],"prefix":"4","entire_prefix":"b4","prefix_anchor":"b4","level":2,"prior_prefix":"b3","next_prefix":"b5"},"7":{"id":307177,"text":"Any company which is not a public service corporation and which provides compressed natural gas service at retail for the public.","type":"section","prefixes":["b","5"],"prefix":"5","entire_prefix":"b5","prefix_anchor":"b5","level":2,"prior_prefix":"b4","next_prefix":"b6"},"8":{"id":307178,"text":"Any company selling landfill gas from a solid waste management facility permitted by the Department of Environmental Quality to a public utility certificated by the Commission to provide gas distribution service to the public in the area in which the solid waste management facility is located. If such company submits to the public utility a written offer for sale of such gas and the public utility does not agree within 60 days to purchase such gas on mutually satisfactory terms, then the company may sell such gas to (i) any facility owned and operated by the Commonwealth which is located within three miles of the solid waste management facility or (ii) any purchaser after such landfill gas has been liquefied. The provisions of this subdivision shall not apply to the City of Lynchburg or Fairfax County.","type":"section","prefixes":["b","6"],"prefix":"6","entire_prefix":"b6","prefix_anchor":"b6","level":2,"prior_prefix":"b5","next_prefix":"b7"},"9":{"id":307179,"text":"Any authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.) making a sale or ancillary transmission or delivery service of landfill gas to a commercial or industrial customer from a solid waste management facility permitted by the Department of Environmental Quality and operated by that same authority, if such an authority limits off-premises sale, transmission or delivery service of landfill gas to no more than one purchaser. The authority may contract with other persons for the construction and operation of facilities necessary or convenient to the sale, transmission or delivery of landfill gas, and no such person shall be deemed a public utility solely by reason of its construction or operation of such facilities. If the purchaser of the landfill gas is located within the certificated service territory of a natural gas public utility, the public utility may file for Commission approval a proposed tariff to reflect any anticipated or known changes in service to the purchaser as a result of the use of landfill gas. No such tariff shall impose on the purchaser of the landfill gas terms less favorable than similarly situated customers with alternative fuel capabilities; provided, however, that such tariff may impose such requirements as are reasonably calculated to recover the cost of such service and to protect and ensure the safety and integrity of the public utility’s facilities.","type":"section","prefixes":["b","7"],"prefix":"7","entire_prefix":"b7","prefix_anchor":"b7","level":2,"prior_prefix":"b6","next_prefix":"b8"},"10":{"id":307180,"text":"A company selling or delivering only landfill gas, electricity generated from only landfill gas, or both, that is derived from a solid waste management facility permitted by the Department of Environmental Quality and sold or delivered from any such facility to not more than three commercial or industrial purchasers or to a natural gas or electric public utility, municipal corporation or county as authorized by this section. If a purchaser of the landfill gas is located within the certificated service territory of a natural gas public utility or within an area in which a municipal corporation provides gas distribution service and the landfill gas is to be used in facilities constructed after January 1, 2000, such company shall submit to such public utility or municipal corporation a written offer for sale of that gas prior to offering the gas for sale or delivery to a commercial or industrial purchaser. If the public utility or municipal corporation does not agree within 60 days following the date of the offer to purchase such landfill gas on mutually satisfactory terms, then the company shall be authorized to sell such landfill gas, electricity, or both, to the commercial or industrial purchaser, utility, municipal corporation, or county. Such public utility may file for Commission approval a proposed tariff to reflect any anticipated or known changes in service to the purchaser as a result of the purchaser’s use of the landfill gas. No such tariff shall impose on such purchaser of the landfill gas terms less favorable than those imposed on similarly situated customers with alternative fuel capabilities; provided, however, that such tariff may impose such requirements as are reasonably calculated to recover any cost of such service and to protect and ensure the safety and integrity of the public utility’s facilities.","type":"section","prefixes":["b","8"],"prefix":"8","entire_prefix":"b8","prefix_anchor":"b8","level":2,"prior_prefix":"b7","next_prefix":"b9"},"11":{"id":307181,"text":"A company that is not organized as a public service company pursuant to subsection D of § 13.1-620 and that sells and delivers propane air only to one or more public utilities. Any company excluded by this subdivision from the definition of “public utility” for the purposes of this chapter nevertheless shall be subject to the Commission’s jurisdiction relating to gas pipeline safety and enforcement.","type":"section","prefixes":["b","9"],"prefix":"9","entire_prefix":"b9","prefix_anchor":"b9","level":2,"prior_prefix":"b8","next_prefix":"b10"},"12":{"id":307182,"text":"A farm or aggregation of farms that owns and operates facilities within the Commonwealth for the generation of electric energy from waste-to-energy technology. As used in this subdivision, (i) “farm” means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) “agricultural waste” means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) “waste-to-energy technology” means any technology, including a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site.","type":"section","prefixes":["b","10"],"prefix":"10","entire_prefix":"b10","prefix_anchor":"b10","level":2,"prior_prefix":"b9","next_prefix":"b11"},"13":{"id":307183,"text":"A company, other than an entity organized as a public service company, that provides non-utility gas service as provided in § 56-265.4:6.","type":"section","prefixes":["b","11"],"prefix":"11","entire_prefix":"b11","prefix_anchor":"b11","level":2,"prior_prefix":"b10","next_prefix":"b12"},"14":{"id":307184,"text":"A company, other than an entity organized as a public service company, that provides storage of electric energy that is not for sale to the public.","type":"section","prefixes":["b","12"],"prefix":"12","entire_prefix":"b12","prefix_anchor":"b12","level":2,"prior_prefix":"b11","next_prefix":"c"},"15":{"id":307185,"text":"“Commission” means the State Corporation Commission.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b12","next_prefix":"d"},"16":{"id":307186,"text":"“Geothermal resources” means those resources as defined in § 45.2-2000.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c"}},"ancestry":[{"id":14176,"edition_id":1,"name":"Utility Facilities Act","identifier":"10.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:47:08","date_modified":"2026-06-26 03:47:08","permalink":{"id":249127,"object_type":"structure","relational_id":14176,"identifier":"10.1","token":"56\/10.1","url":"\/56\/10.1\/","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":85772,"structure_id":14176,"section_number":"56-265.1","catch_line":"Definitions","url":"\/56-265.1\/","token":"56\/10.1\/56-265.1","metadata":false},{"id":75556,"structure_id":14176,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","url":"\/56-265.2\/","token":"56\/10.1\/56-265.2","metadata":false},{"id":78990,"structure_id":14176,"section_number":"56-265.2:1","catch_line":"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing","url":"\/56-265.2_1\/","token":"56\/10.1\/56-265.2_1","metadata":false},{"id":60647,"structure_id":14176,"section_number":"56-265.3","catch_line":"Certificate to furnish public utility service; allotment of territory transfers, leases or amendments","url":"\/56-265.3\/","token":"56\/10.1\/56-265.3","metadata":false},{"id":78937,"structure_id":14176,"section_number":"56-265.3:1","catch_line":"Certificates to furnish water and sewer service","url":"\/56-265.3_1\/","token":"56\/10.1\/56-265.3_1","metadata":false},{"id":64018,"structure_id":14176,"section_number":"56-265.4","catch_line":"Certificate to operate in territory of another certificate holder","url":"\/56-265.4\/","token":"56\/10.1\/56-265.4","metadata":false},{"id":59749,"structure_id":14176,"section_number":"56-265.4:1","catch_line":"Furnishing of electric public utility service or provision of facilities therefor by municipal corporations and other governmental bodies","url":"\/56-265.4_1\/","token":"56\/10.1\/56-265.4_1","metadata":false},{"id":82310,"structure_id":14176,"section_number":"56-265.4:2","catch_line":"Extension of service by cities and towns into annexed areas","url":"\/56-265.4_2\/","token":"56\/10.1\/56-265.4_2","metadata":false},{"id":55913,"structure_id":14176,"section_number":"56-265.4:3","catch_line":"Repealed","url":"\/56-265.4_3\/","token":"56\/10.1\/56-265.4_3","metadata":false},{"id":55350,"structure_id":14176,"section_number":"56-265.4:4","catch_line":"Certificate to operate as a telephone utility","url":"\/56-265.4_4\/","token":"56\/10.1\/56-265.4_4","metadata":false},{"id":59368,"structure_id":14176,"section_number":"56-265.4:5","catch_line":"Furnishing gas service to commercial and industrial customers in an area not certificated for public utility gas service","url":"\/56-265.4_5\/","token":"56\/10.1\/56-265.4_5","metadata":false},{"id":57183,"structure_id":14176,"section_number":"56-265.4:6","catch_line":"Furnishing non-utility gas service","url":"\/56-265.4_6\/","token":"56\/10.1\/56-265.4_6","metadata":false},{"id":64154,"structure_id":14176,"section_number":"56-265.4:7","catch_line":"Discontinuing natural gas service; municipal corporation","url":"\/56-265.4_7\/","token":"56\/10.1\/56-265.4_7","metadata":false},{"id":70671,"structure_id":14176,"section_number":"56-265.5","catch_line":"Effective date of certificates","url":"\/56-265.5\/","token":"56\/10.1\/56-265.5","metadata":false},{"id":75195,"structure_id":14176,"section_number":"56-265.6","catch_line":"Penalties for misrepresentations, violations of law, regulations or terms of certificates","url":"\/56-265.6\/","token":"56\/10.1\/56-265.6","metadata":false},{"id":65727,"structure_id":14176,"section_number":"56-265.7","catch_line":"Appeal from order of revocations, etc","url":"\/56-265.7\/","token":"56\/10.1\/56-265.7","metadata":false},{"id":85864,"structure_id":14176,"section_number":"56-265.8","catch_line":"Proceedings before Commission on or before July 1, 1950","url":"\/56-265.8\/","token":"56\/10.1\/56-265.8","metadata":false},{"id":59710,"structure_id":14176,"section_number":"56-265.8:1","catch_line":"Inspection and approval of certain installations not regulated pursuant to this chapter","url":"\/56-265.8_1\/","token":"56\/10.1\/56-265.8_1","metadata":false},{"id":56468,"structure_id":14176,"section_number":"56-265.9","catch_line":"Title of chapter","url":"\/56-265.9\/","token":"56\/10.1\/56-265.9","metadata":false}],"next_section":{"id":75556,"structure_id":14176,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","url":"\/56-265.2\/","token":"56\/10.1\/56-265.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-265.1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 21 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 1954, chapter 354; in 1970, chapter 265; in 1981, chapter 506; in 1988, chapter 440; in 1990, chapter 488; in 1991, chapter 263; in 1992, chapter 476; in 1994, chapters 652<\/a> and 852<\/a>; in 1995, chapter 643<\/a>; in 1997, chapters 105<\/a> and 148<\/a>; in 1999, chapter 768<\/a>; in 2000, chapters 528<\/a> and 543<\/a>; in 2002, chapters 479<\/a> and 489<\/a>; in 2004, chapters 748<\/a> and 1028<\/a>; in 2005, chapter 22<\/a>; in 2006, chapter 411<\/a>; in 2007, chapter 813<\/a>; in 2009, chapters 746<\/a> and 794<\/a>; in 2018, chapter 296<\/a>; in 2020, chapter 1190<\/a>; in 2022, chapters 728<\/a> and 759<\/a>.<\/p>","references":[{"id":60074,"section_number":"10.1-1197.8","catch_line":"Limitation of State Corporation Commission authority","order_by":null,"url":"\/10.1-1197.8\/"},{"id":63023,"section_number":"13.1-620","catch_line":"Special kinds of business","order_by":null,"url":"\/13.1-620\/"},{"id":74569,"section_number":"15.2-2232","catch_line":"Legal status of plan","order_by":null,"url":"\/15.2-2232\/"},{"id":79196,"section_number":"15.2-5102","catch_line":"One or more localities may create authority","order_by":null,"url":"\/15.2-5102\/"},{"id":77093,"section_number":"25.1-205","catch_line":"Commencement of proceedings","order_by":null,"url":"\/25.1-205\/"},{"id":82065,"section_number":"33.2-272","catch_line":"Location of landfill gas pipelines in highway right-of-way; Department of Transportation to provide notice to counties","order_by":null,"url":"\/33.2-272\/"},{"id":63456,"section_number":"46.2-1028.2","catch_line":"Auxiliary lights on public utility vehicles","order_by":null,"url":"\/46.2-1028.2\/"},{"id":70911,"section_number":"46.2-1120","catch_line":"Extension of loads beyond front of vehicles","order_by":null,"url":"\/46.2-1120\/"},{"id":76700,"section_number":"46.2-800.3","catch_line":"Driving in flooded areas prohibited","order_by":null,"url":"\/46.2-800.3\/"},{"id":82086,"section_number":"55.1-306.1","catch_line":"Utility easements; expansion of broadband","order_by":null,"url":"\/55.1-306.1\/"},{"id":64250,"section_number":"56-1","catch_line":"Definitions","order_by":null,"url":"\/56-1\/"},{"id":66838,"section_number":"56-1.2","catch_line":"Persons, localities, and school boards not designated as public utility, public service corporation, etc","order_by":null,"url":"\/56-1.2\/"},{"id":59777,"section_number":"56-265.13:7","catch_line":"Regulation by State Corporation Commission","order_by":null,"url":"\/56-265.13_7\/"},{"id":59368,"section_number":"56-265.4:5","catch_line":"Furnishing gas service to commercial and industrial customers in an area not certificated for public utility gas service","order_by":null,"url":"\/56-265.4_5\/"},{"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":64697,"section_number":"56-481.1","catch_line":"Rates, charges, and regulations for interexchange telephone service","order_by":null,"url":"\/56-481.1\/"},{"id":54917,"section_number":"56-484.12","catch_line":"Definitions","order_by":null,"url":"\/56-484.12\/"},{"id":54611,"section_number":"56-49","catch_line":"Powers","order_by":null,"url":"\/56-49\/"},{"id":81549,"section_number":"56-508.15","catch_line":"Registration required for intrastate pay telephone service; pay telephone instruments disconnected upon suspension or revocation of registration","order_by":null,"url":"\/56-508.15\/"},{"id":76084,"section_number":"56-533","catch_line":"Regulation by State Corporation Commission","order_by":null,"url":"\/56-533\/"},{"id":76158,"section_number":"56-579","catch_line":"Regional transmission entities","order_by":null,"url":"\/56-579\/"},{"id":77551,"section_number":"56-580","catch_line":"Transmission and distribution of electric energy","order_by":null,"url":"\/56-580\/"},{"id":82389,"section_number":"56-585.1:11","catch_line":"Development of offshore wind capacity","order_by":null,"url":"\/56-585.1_11\/"},{"id":79652,"section_number":"56-88","catch_line":"Definitions","order_by":null,"url":"\/56-88\/"},{"id":60760,"section_number":"58.1-3814","catch_line":"Water or heat, light and power companies","order_by":null,"url":"\/58.1-3814\/"}],"refers_to":[{"id":63023,"section_number":"13.1-620","catch_line":"Special kinds of business","order_by":null,"url":"\/13.1-620\/"},{"id":54398,"section_number":"15.2-5100","catch_line":"Title of chapter","order_by":null,"url":"\/15.2-5100\/"},{"id":84244,"section_number":"15.2-6002","catch_line":"Purpose of Authority; performs governmental function","order_by":null,"url":"\/15.2-6002\/"},{"id":87145,"section_number":"45.2-2000","catch_line":" Definitions","order_by":null,"url":"\/45.2-2000\/"},{"id":75233,"section_number":"56-232","catch_line":"Public utility and schedules defined","order_by":null,"url":"\/56-232\/"},{"id":81961,"section_number":"56-248.1","catch_line":"Commission to monitor fuel prices and utility fuel purchases; fuel price index","order_by":null,"url":"\/56-248.1\/"},{"id":78937,"section_number":"56-265.3:1","catch_line":"Certificates to furnish water and sewer service","order_by":null,"url":"\/56-265.3_1\/"},{"id":59368,"section_number":"56-265.4:5","catch_line":"Furnishing gas service to commercial and industrial customers in an area not certificated for public utility gas service","order_by":null,"url":"\/56-265.4_5\/"},{"id":57183,"section_number":"56-265.4:6","catch_line":"Furnishing non-utility gas service","order_by":null,"url":"\/56-265.4_6\/"},{"id":56358,"section_number":"56-509","catch_line":"Uninterrupted functioning and operation of essential public utilities","order_by":null,"url":"\/56-509\/"}],"permalink":{"id":249129,"object_type":"law","relational_id":85772,"identifier":"56-265.1","token":"56\/10.1\/56-265.1","url":"\/56-265.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-265.1\/","token":"56\/10.1\/56-265.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-265.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In this chapter, the following terms shall have the following meanings:<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> “Company<\/span>” means a corporation, a limited liability company<\/span>, an individual, a partnership, an association, a joint-stock company<\/span>, a business trust, a cooperative, or an organized group of persons<\/span>, whether incorporated or not; or any receiver, trustee or other liquidating agent of any of the foregoing in his capacity as such; but not a municipal corporation<\/span> or a county, unless such municipal corporation<\/span> or county has obtained a certificate pursuant to § 56-265.4:4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> “Public utility<\/span>” means any company<\/span> that owns or operates facilities within the Commonwealth of Virginia for the generation, transmission, or distribution of electric energy for sale, for the production, storage, transmission, or distribution, otherwise than in enclosed portable containers, of natural gas, or, if produced, stored, transmitted, or distributed by a natural gas utility as defined in \u00a7 56-265.4:6<\/a>, supplemental or substitute forms of gas sources as defined in \u00a7 56-248.1<\/a>, or geothermal resources<\/span> for sale for heat, light or power, or for the furnishing of telephone service, sewerage facilities or water. A “public utility<\/span>” may own a facility for the storage of electric energy for sale that includes one or more pumped hydroelectricity generation and storage facilities located in the coalfield region of Virginia as described in \u00a7 15.2-6002<\/a>. However, the term “public utility<\/span>” does not include any of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Except as otherwise provided in § 56-265.3:1<\/a>, any company<\/span> furnishing sewerage facilities, geothermal resources<\/span> or water to less than 50 customers. Any company<\/span> furnishing water or sewer services to 10 or more customers and excluded by this subdivision from the definition of “public utility<\/span>” for purposes of this chapter nevertheless shall not abandon the water or sewer services unless and until approval is granted by the Commission<\/span> or all the customers receiving such services agree to accept ownership of the company<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any company<\/span> generating and distributing electric energy exclusively for its own consumption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any company<\/span> (A) which furnishes electric service together with heating and cooling services, generated at a central plant installed on the premises to be served, to the tenants of a building or buildings located on a single tract of land undivided by any publicly maintained highway, street or road at the time of installation of the central plant, and (B) which does not charge separately or by meter for electric energy used by any tenant except as part of a rental charge. Any company<\/span> excluded by this subdivision from the definition of “public utility<\/span>” for the purposes of this chapter nevertheless shall, within 30 days following the issuance of a building permit, notify the State Corporation Commission<\/span> in writing of the ownership, capacity and location of such central plant, and it shall be subject, with regard to the quality of electric service furnished, to the provisions of Chapters 10 (§ 56-232<\/a> et seq.) and 17 (§ 56-509<\/a> et seq.) and regulations thereunder and be deemed a public utility<\/span> for such purposes, if such company<\/span> furnishes such service to 100 or more lessees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any company<\/span>, or affiliate thereof, making a first or direct sale, or ancillary transmission or delivery service, of natural gas to fewer than 35 commercial or industrial customers, which are not themselves “public utilities” as defined in this chapter, or to certain public schools as indicated in this subdivision, for use solely by such purchasing customers at facilities which are not located in a territory for which a certificate to provide gas service has been issued by the Commission<\/span> under this chapter and which, at the time of the Commission<\/span>’s receipt of the notice provided under § 56-265.4:5<\/a>, are not located within any area, territory, or jurisdiction<\/span> served by a municipal corporation<\/span> that provided gas distribution service as of January 1, 1992, provided that such company<\/span> shall comply with the provisions of § 56-265.4:5<\/a>. Direct sales or ancillary transmission or delivery services of natural gas to public schools in the following localities may be made without regard to the number of schools involved and shall not count against the “fewer than 35″ requirement in this subdivision: the Counties of Dickenson, Wise, Russell, and Buchanan, and the City of Norton. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any company<\/span> which is not a public service corporation<\/span> and which provides compressed natural gas service at retail for the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any company<\/span> selling landfill gas from a solid waste management facility permitted by the Department of Environmental Quality to a public utility<\/span> certificated by the Commission<\/span> to provide gas distribution service to the public in the area in which the solid waste management facility is located. If such company<\/span> submits to the public utility<\/span> a written offer for sale of such gas and the public utility<\/span> does not agree within 60 days to purchase such gas on mutually satisfactory terms, then the company<\/span> may sell such gas to (i) any facility owned and operated by the Commonwealth which is located within three miles of the solid waste management facility or (ii) any purchaser after such landfill gas has been liquefied. The provisions of this subdivision shall not apply to the City of Lynchburg or Fairfax County. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any authority created pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100<\/a> et seq.) making a sale or ancillary transmission or delivery service of landfill gas to a commercial or industrial customer from a solid waste management facility permitted by the Department of Environmental Quality and operated by that same authority, if such an authority limits off-premises sale, transmission or delivery service of landfill gas to no more than one purchaser. The authority may contract<\/span> with other persons<\/span> for the construction and operation of facilities necessary or convenient to the sale, transmission or delivery of landfill gas, and no such person<\/span> shall be deemed a public utility<\/span> solely by reason of its construction or operation of such facilities. If the purchaser of the landfill gas is located within the certificated service territory of a natural gas public utility<\/span>, the public utility<\/span> may file for Commission<\/span> approval a proposed tariff to reflect any anticipated or known changes in service to the purchaser as a result of the use of landfill gas. No such tariff shall impose on the purchaser of the landfill gas terms less favorable than similarly situated customers with alternative fuel capabilities; provided, however, that such tariff may impose such requirements as are reasonably calculated to recover the cost of such service and to protect and ensure the safety and integrity of the public utility<\/span>’s facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A company<\/span> selling or delivering only landfill gas, electricity generated from only landfill gas, or both, that is derived from a solid waste management facility permitted by the Department of Environmental Quality and sold or delivered from any such facility to not more than three commercial or industrial purchasers or to a natural gas or electric public utility<\/span>, municipal corporation<\/span> or county as authorized by this section. If a purchaser of the landfill gas is located within the certificated service territory of a natural gas public utility<\/span> or within an area in which a municipal corporation<\/span> provides gas distribution service and the landfill gas is to be used in facilities constructed after January 1, 2000, such company<\/span> shall submit to such public utility<\/span> or municipal corporation<\/span> a written offer for sale of that gas prior to offering the gas for sale or delivery to a commercial or industrial purchaser. If the public utility<\/span> or municipal corporation<\/span> does not agree within 60 days following the date of the offer to purchase such landfill gas on mutually satisfactory terms, then the company<\/span> shall be authorized to sell such landfill gas, electricity, or both, to the commercial or industrial purchaser, utility, municipal corporation<\/span>, or county. Such public utility<\/span> may file for Commission<\/span> approval a proposed tariff to reflect any anticipated or known changes in service to the purchaser as a result of the purchaser’s use of the landfill gas. No such tariff shall impose on such purchaser of the landfill gas terms less favorable than those imposed on similarly situated customers with alternative fuel capabilities; provided, however, that such tariff may impose such requirements as are reasonably calculated to recover any cost of such service and to protect and ensure the safety and integrity of the public utility<\/span>’s facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> A company that is not organized as a public service company<\/span> pursuant to subsection D of § 13.1-620<\/a> and that sells and delivers propane air only to one or more public utilities. Any company excluded by this subdivision from the definition of “public utility<\/span>” for the purposes of this chapter nevertheless shall be subject to the Commission<\/span>’s jurisdiction<\/span> relating to gas pipeline safety and enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> A farm<\/span> or aggregation of farms<\/span> that owns and operates facilities within the Commonwealth for the generation of electric energy from waste-to-energy technology<\/span>. As used in this subdivision, (i) “farm<\/span>” means any person<\/span> that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste<\/span> used as feedstock for the waste-to-energy technology<\/span>, (ii) “agricultural waste<\/span>” means biomass waste materials<\/span> capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) “waste-to-energy technology<\/span>” means any technology, including a methane digester, that converts agricultural waste<\/span> into gas, steam, or heat that is used to generate electricity on-site. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> A company, other than an entity organized as a public service company<\/span>, that provides non-utility gas service as provided in § 56-265.4:6<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> A company, other than an entity organized as a public service company<\/span>, that provides storage of electric energy that is not for sale to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> “Commission<\/span>” means the State Corporation Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> “Geothermal resources<\/span>” means those resources as defined in § 45.2-2000<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 56-265.1)\n\nIn this chapter, the following terms shall have the following meanings:\n\na. “Company” means a corporation, a limited liability company, an\nindividual, a partnership, an association, a joint-stock company, a business\ntrust, a cooperative, or an organized group of persons, whether incorporated or\nnot; or any receiver, trustee or other liquidating agent of any of the foregoing\nin his capacity as such; but not a municipal corporation or a county, unless\nsuch municipal corporation or county has obtained a certificate pursuant to\n§ 56-265.4:4.\n\nb. “Public utility” means any company that owns or operates\nfacilities within the Commonwealth of Virginia for the generation, transmission,\nor distribution of electric energy for sale, for the production, storage,\ntransmission, or distribution, otherwise than in enclosed portable containers,\nof natural gas, or, if produced, stored, transmitted, or distributed by a\nnatural gas utility as defined in \u00a7 56-265.4:6, supplemental or substitute\nforms of gas sources as defined in \u00a7 56-248.1, or geothermal resources for sale\nfor heat, light or power, or for the furnishing of telephone service, sewerage\nfacilities or water. A “public utility” may own a facility for the\nstorage of electric energy for sale that includes one or more pumped\nhydroelectricity generation and storage facilities located in the coalfield\nregion of Virginia as described in \u00a7 15.2-6002. However, the term “public\nutility” does not include any of the following:\n\n 1. Except as otherwise provided in § 56-265.3:1, any company furnishing\n sewerage facilities, geothermal resources or water to less than 50 customers.\n Any company furnishing water or sewer services to 10 or more customers and\n excluded by this subdivision from the definition of “public\n utility” for purposes of this chapter nevertheless shall not abandon the\n water or sewer services unless and until approval is granted by the Commission\n or all the customers receiving such services agree to accept ownership of the\n company.\n\n 2. Any company generating and distributing electric energy exclusively for its\n own consumption.\n\n 3. Any company (A) which furnishes electric service together with heating and\n cooling services, generated at a central plant installed on the premises to be\n served, to the tenants of a building or buildings located on a single tract of\n land undivided by any publicly maintained highway, street or road at the time\n of installation of the central plant, and (B) which does not charge separately\n or by meter for electric energy used by any tenant except as part of a rental\n charge. Any company excluded by this subdivision from the definition of\n “public utility” for the purposes of this chapter nevertheless\n shall, within 30 days following the issuance of a building permit, notify the\n State Corporation Commission in writing of the ownership, capacity and\n location of such central plant, and it shall be subject, with regard to the\n quality of electric service furnished, to the provisions of Chapters 10\n (§ 56-232 et seq.) and 17 (§ 56-509 et seq.) and regulations\n thereunder and be deemed a public utility for such purposes, if such company\n furnishes such service to 100 or more lessees.\n\n 4. Any company, or affiliate thereof, making a first or direct sale, or\n ancillary transmission or delivery service, of natural gas to fewer than 35\n commercial or industrial customers, which are not themselves “public\n utilities” as defined in this chapter, or to certain public schools as\n indicated in this subdivision, for use solely by such purchasing customers at\n facilities which are not located in a territory for which a certificate to\n provide gas service has been issued by the Commission under this chapter and\n which, at the time of the Commission’s receipt of the notice provided\n under § 56-265.4:5, are not located within any area, territory, or\n jurisdiction served by a municipal corporation that provided gas distribution\n service as of January 1, 1992, provided that such company shall comply with\n the provisions of § 56-265.4:5. Direct sales or ancillary transmission or\n delivery services of natural gas to public schools in the following localities\n may be made without regard to the number of schools involved and shall not\n count against the “fewer than 35″ requirement in this subdivision:\n the Counties of Dickenson, Wise, Russell, and Buchanan, and the City of\n Norton.\n\n 5. Any company which is not a public service corporation and which provides\n compressed natural gas service at retail for the public.\n\n 6. Any company selling landfill gas from a solid waste management facility\n permitted by the Department of Environmental Quality to a public utility\n certificated by the Commission to provide gas distribution service to the\n public in the area in which the solid waste management facility is located. If\n such company submits to the public utility a written offer for sale of such\n gas and the public utility does not agree within 60 days to purchase such gas\n on mutually satisfactory terms, then the company may sell such gas to (i) any\n facility owned and operated by the Commonwealth which is located within three\n miles of the solid waste management facility or (ii) any purchaser after such\n landfill gas has been liquefied. The provisions of this subdivision shall not\n apply to the City of Lynchburg or Fairfax County.\n\n 7. Any authority created pursuant to the Virginia Water and Waste Authorities\n Act (§ 15.2-5100 et seq.) making a sale or ancillary transmission or\n delivery service of landfill gas to a commercial or industrial customer from a\n solid waste management facility permitted by the Department of Environmental\n Quality and operated by that same authority, if such an authority limits\n off-premises sale, transmission or delivery service of landfill gas to no more\n than one purchaser. The authority may contract with other persons for the\n construction and operation of facilities necessary or convenient to the sale,\n transmission or delivery of landfill gas, and no such person shall be deemed a\n public utility solely by reason of its construction or operation of such\n facilities. If the purchaser of the landfill gas is located within the\n certificated service territory of a natural gas public utility, the public\n utility may file for Commission approval a proposed tariff to reflect any\n anticipated or known changes in service to the purchaser as a result of the\n use of landfill gas. No such tariff shall impose on the purchaser of the\n landfill gas terms less favorable than similarly situated customers with\n alternative fuel capabilities; provided, however, that such tariff may impose\n such requirements as are reasonably calculated to recover the cost of such\n service and to protect and ensure the safety and integrity of the public\n utility’s facilities.\n\n 8. A company selling or delivering only landfill gas, electricity generated\n from only landfill gas, or both, that is derived from a solid waste management\n facility permitted by the Department of Environmental Quality and sold or\n delivered from any such facility to not more than three commercial or\n industrial purchasers or to a natural gas or electric public utility,\n municipal corporation or county as authorized by this section. If a purchaser\n of the landfill gas is located within the certificated service territory of a\n natural gas public utility or within an area in which a municipal corporation\n provides gas distribution service and the landfill gas is to be used in\n facilities constructed after January 1, 2000, such company shall submit to\n such public utility or municipal corporation a written offer for sale of that\n gas prior to offering the gas for sale or delivery to a commercial or\n industrial purchaser. If the public utility or municipal corporation does not\n agree within 60 days following the date of the offer to purchase such landfill\n gas on mutually satisfactory terms, then the company shall be authorized to\n sell such landfill gas, electricity, or both, to the commercial or industrial\n purchaser, utility, municipal corporation, or county. Such public utility may\n file for Commission approval a proposed tariff to reflect any anticipated or\n known changes in service to the purchaser as a result of the purchaser’s\n use of the landfill gas. No such tariff shall impose on such purchaser of the\n landfill gas terms less favorable than those imposed on similarly situated\n customers with alternative fuel capabilities; provided, however, that such\n tariff may impose such requirements as are reasonably calculated to recover\n any cost of such service and to protect and ensure the safety and integrity of\n the public utility’s facilities.\n\n 9. A company that is not organized as a public service company pursuant to\n subsection D of § 13.1-620 and that sells and delivers propane air only\n to one or more public utilities. Any company excluded by this subdivision from\n the definition of “public utility” for the purposes of this\n chapter nevertheless shall be subject to the Commission’s jurisdiction\n relating to gas pipeline safety and enforcement.\n\n 10. A farm or aggregation of farms that owns and operates facilities within\n the Commonwealth for the generation of electric energy from waste-to-energy\n technology. As used in this subdivision, (i) “farm” means any\n person that obtains at least 51 percent of its annual gross income from\n agricultural operations and produces the agricultural waste used as feedstock\n for the waste-to-energy technology, (ii) “agricultural waste”\n means biomass waste materials capable of decomposition that are produced from\n the raising of plants and animals during agricultural operations, including\n animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii)\n “waste-to-energy technology” means any technology, including a\n methane digester, that converts agricultural waste into gas, steam, or heat\n that is used to generate electricity on-site.\n\n 11. A company, other than an entity organized as a public service company,\n that provides non-utility gas service as provided in § 56-265.4:6.\n\n 12. A company, other than an entity organized as a public service company,\n that provides storage of electric energy that is not for sale to the public.\n\nc. “Commission” means the State Corporation Commission.\n\nd. “Geothermal resources” means those resources as defined in §\n45.2-2000.\n\nHISTORY: 1950, p. 599; 1954, c. 354; 1970, c. 265; 1981, c. 506; 1988, c. 440;\n1990, c. 488; 1991, c. 263; 1992, c. 476; 1994, cc. 652, 852; 1995, c. 643;\n1997, cc. 105, 148; 1999, c. 768; 2000, cc. 528, 543; 2002, cc. 479, 489; 2004,\ncc. 748, 1028; 2005, c. 22; 2006, c. 411; 2007, c. 813; 2009, cc. 746, 794;\n2018, c. 296; 2020, c. 1190; 2022, cc. 728, 759.","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}}