                                 CODE OF VIRGINIA

PERSONS, LOCALITIES, AND SCHOOL BOARDS NOT DESIGNATED AS PUBLIC UTILITY, PUBLIC
SERVICE CORPORATION, ETC (§ 56-1.2)

The terms public utility, public service corporation, or public service company,
as used in Chapters 1 (§ 56-1 et seq.), 10 (§ 56-232 et seq.), 10.1 (§
56-265.1 et seq.), and 10.2:1 (§ 56-265.13:1 et seq.) of this title, shall not
refer to:

1. Any person who owns or operates property and provides electricity, natural
gas, water, or sewer service to residents or tenants on the property, provided
that (i) the electricity, natural gas, water, or sewer service provided to the
residents or tenants is purchased by the person from a public utility, public
service corporation, public service company, or person licensed by the
Commission as a competitive provider of energy services, or a county, city or
town, or other publicly regulated political subdivision or public body, (ii) the
person or his agent charges to the resident or tenant on the property only that
portion of the person&#8217;s utility charges for the electricity, natural gas,
water, or sewer service which is attributable to usage by the resident or tenant
on the property, and additional service charges permitted by &#xA7; 55.1-1212 or
55.1-1404, as applicable, and (iii) the person maintains three years&#8217;
billing records for such charges.

2. Any (i) person who is not a public service corporation and who provides
electric vehicle charging service at retail, (ii) school board that operates
retail fee-based electric vehicle charging stations on school property pursuant
to &#xA7; 22.1-131, or (iii) locality that operates a retail fee-based electric
vehicle charging station on property owned or leased by the locality pursuant to
&#xA7; 15.2-967.2. The ownership or operation of a facility at which electric
vehicle charging service is sold, and the selling of electric vehicle charging
service from that facility, does not render such person, school board, locality,
or board of visitors a public utility, public service corporation, or public
service company as used in Chapters 1 (&#xA7; 56-1 et seq.), 10 (&#xA7; 56-232
et seq.), 10.1 (&#xA7; 56-265.1 et seq.), and 10.2:1 (&#xA7; 56-265.13:1 et
seq.) solely because of that sale, ownership, or operation.

3. Any agency, as defined in &#xA7; 2.2-128, when operating a retail fee-based
electric vehicle charging station pursuant to &#xA7; 2.2-614.5 on any property
or facility the agency controls. The ownership or operation of a facility at
which electric vehicle charging service is sold, or the selling of electric
vehicle charging service from that facility, does not render the agency a public
utility, public service corporation, or public service company as used in
Chapters 1 (&#xA7; 56-1 et seq.), 10 (&#xA7; 56-232 et seq.), 10.1 (&#xA7;
56-265.1 et seq.), and 10.2:1 (&#xA7; 56-265.13:1 et seq.) solely because of
that sale, ownership, or operation.

HISTORY: 1993, c. 265; 1999, c. 778; 2000, c. 994; 2003, c. 355; 2011, c. 408;
2017, c. 239; 2018, cc. 295, 446; 2019, c. 248; 2020, c. 490.