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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77567</law_id><section_number>56-231.15</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-408</reference><reference>13.1-308</reference><reference>15.2-2159</reference><reference>15.2-2232</reference><reference>15.2-816.1</reference><reference>56-16.3</reference><reference>56-234</reference><reference>56-235.4</reference><reference>56-247.1</reference><reference>56-466.1</reference><reference>56-576</reference><reference>56-585.1:3</reference><reference>56-585.3</reference><reference>56-585.4</reference><reference>56-585.5</reference><reference>56-594.01:1</reference><reference>56-596.2</reference><reference>58.1-811</reference><reference>59.1-575</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="1" identifier="9.1">Utility Consumer Services Cooperatives and Utility Aggregation Cooperatives</unit><unit label="article" level="3" order_by="1" identifier="1">Utility Consumer Services Cooperatives Act</unit></structure><text>
						<section><p>The following terms, whenever used or referred to in this article, shall have the following meanings, unless a different meaning clearly appears from the context:
		&#x201C;<span class="dictionary">Acquire</span>&#x201D; means and includes construct, or <span class="dictionary">acquire</span> by purchase, lease, devise, gift or the exercise of the power of eminent domain, or by other mode of acquisition.
		&#x201C;<span class="dictionary">Affiliate</span>&#x201D; means a separate affiliated or subsidiary <span class="dictionary">corporation</span> or other separate legal entity.
		&#x201C;<span class="dictionary">Board</span>&#x201D; means the <span class="dictionary">board</span> of directors of a cooperative formed under or subject to this article.
		&#x201C;<span class="dictionary">Commission</span>&#x201D; means the State <span class="dictionary">Corporation</span> <span class="dictionary">Commission</span> of Virginia.
		&#x201C;Cooperative&#x201D; means a utility consumer services cooperative formed under or subject to this article or a distribution cooperative formed under the former Distribution <span class="dictionary">Cooperatives</span> Act (&#xA7;&#xA0;<a class="law" title="Repealed" href="/56-209/">56-209</a> et seq.).
		&#x201C;<span class="dictionary">Energy</span>&#x201D; means and includes any and all forms of <span class="dictionary">energy</span> no matter how or where generated or produced.
		&#x201C;<span class="dictionary">Federal agency</span>&#x201D; means and includes the United States of America, the President of the United States of America, the Tennessee Valley Authority, the Federal Administrator of the Rural Utility Service, the Southeastern Power Administration, the Federal <span class="dictionary">Energy</span> Regulatory <span class="dictionary">Commission</span>, the Securities and Exchange <span class="dictionary">Commission</span>, the Federal Communications <span class="dictionary">Commission</span> and any and all other authorities, agencies, and instrumentalities of the United States of America, heretofore or hereafter created.
		&#x201C;<span class="dictionary">HVACR</span>&#x201D; means heating, ventilation, air conditioning and refrigeration.
		&#x201C;<span class="dictionary">Improve</span>&#x201D; means and includes construct, reconstruct, replace, extend, enlarge, alter, better or repair.
		&#x201C;<span class="dictionary">Law</span>&#x201D; means any act or <span class="dictionary">statute</span>, general, special or local, of this Commonwealth.
		&#x201C;<span class="dictionary">Member</span>&#x201D; means and includes each natural <span class="dictionary">person</span> signing the articles of incorporation of a cooperative and each <span class="dictionary">person</span> admitted to membership therein pursuant to <span class="dictionary">law</span> or its bylaws.
		&#x201C;<span class="dictionary">Municipality</span>&#x201D; means any city or incorporated town of the Commonwealth.
		&#x201C;<span class="dictionary">Obligations</span>&#x201D; means and includes <span class="dictionary">bonds</span>, interim certificates or receipts, notes, debentures, and all other <span class="dictionary">evidences</span> of indebtedness either issued by, or the payment of which is assumed or contractually undertaken by, a cooperative.
		&#x201C;<span class="dictionary">Patronage capital</span>&#x201D; includes all amounts received by a cooperative from sales of electric power or electric distribution services, or both, to <span class="dictionary">members</span> in excess of the cooperative&#x2019;s cost of furnishing electric power or distribution services, or both, to <span class="dictionary">members</span> and such other margins as determined by the <span class="dictionary">board</span> of directors.
		&#x201C;<span class="dictionary">Person</span>&#x201D; means and includes natural <span class="dictionary">persons</span>, firms, associations, <span class="dictionary">cooperatives</span>, <span class="dictionary">corporations</span>, limited liability companies, business trusts, partnerships, limited liability partnerships and bodies politic.
		&#x201C;<span class="dictionary">Propane or fuel oil equipment</span>&#x201D; means equipment and related <span class="dictionary">systems</span> to store or use propane or fuel oil products.
		&#x201C;<span class="dictionary">Regulated utility services</span>&#x201D; means utility services that are subject to regulation as to <span class="dictionary">rates</span> or service by the <span class="dictionary">Commission</span>.
		&#x201C;<span class="dictionary">System</span>&#x201D; means and includes any plant, works, <span class="dictionary">system</span>, facilities, equipment or properties, or any part or parts thereof, together with all appurtenances thereto, used or useful in connection with the generation, production, transmission or distribution of <span class="dictionary">energy</span> or in connection with other utility services.
		&#x201C;<span class="dictionary">Traditional cooperative activity</span>&#x201D; means any business, service or activity in which <span class="dictionary">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 that <span class="dictionary">traditional cooperative activity</span> does not include any program to (i) buy or maintain an inventory of <span class="dictionary">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 <span class="dictionary">party</span> individual, firm or <span class="dictionary">corporation</span> licensed to perform such service; (iii) sell <span class="dictionary">HVACR</span> equipment or household appliances to customers metered and billed on residential <span class="dictionary">rates</span>; (iv) sell <span class="dictionary">HVACR</span> equipment to customers other than those metered and billed on residential <span class="dictionary">rates</span> except where such sale is an incidental part of providing other <span class="dictionary">energy</span> services or providing other traditional cooperative activities; (v) sell or distribute propane or fuel oil; sell, install or service <span class="dictionary">propane or fuel oil equipment</span>; or maintain or buy an inventory of <span class="dictionary">propane or fuel oil equipment</span> for resale; or (vi) serve as a coordinator of nonelectric <span class="dictionary">energy</span> services or provide engineering consulting services except when such <span class="dictionary">energy</span> or engineering services are an incidental part of a marketing effort to provide other <span class="dictionary">energy</span> or engineering services or as a part of providing services that are other traditional cooperative activities.
		&#x201C;Utility services&#x201D; means any products, services and equipment related to <span class="dictionary">energy</span>, telecommunications, water and sewerage.</p></section></text><history>1999, c. 874; 2000, cc. 944, 964, 989, 999.</history><metadata></metadata></law>
