                                 CODE OF VIRGINIA

MUNICIPAL AND STATE AGGREGATION (§ 56-589)

A. Subject to the provisions of subdivision A 3 of § 56-577, counties, cities,
and towns (hereafter municipalities) and other political subdivisions of the
Commonwealth may, at their election and upon authorization by majority votes of
their governing bodies, aggregate electrical energy and demand requirements for
the purpose of negotiating the purchase of electrical energy requirements from
any licensed supplier within this Commonwealth, as follows:

   1. Any municipality or other political subdivision of the Commonwealth may
   aggregate the electric energy load of residential, commercial, and industrial
   retail customers within its boundaries on an opt-in or opt-out basis.

   2. Any municipality or other political subdivision of the Commonwealth may
   aggregate the electric energy load of its governmental buildings, facilities,
   and any other governmental operations requiring the consumption of electric
   energy. Aggregation pursuant to this subdivision shall not require licensure
   pursuant to &#xA7; 56-588.

   3. Two or more municipalities or other political subdivisions within the
   Commonwealth may aggregate the electric energy load of their governmental
   buildings, facilities, and any other governmental operations requiring the
   consumption of electric energy. Aggregation pursuant to this subdivision shall
   not require licensure pursuant to &#xA7; 56-588 when such municipalities or
   other political subdivisions are acting jointly to negotiate or arrange for
   themselves agreements for their energy needs directly with licensed suppliers
   or aggregators.
   				Nothing in this subsection shall prohibit the Commission&#8217;s
   development and implementation of pilot programs for opt-in, opt-out, or any
   other type of municipal aggregation, as provided in &#xA7; 56-577.

B. The Commonwealth, at its election, may aggregate the electric energy load of
its governmental buildings, facilities, and any other government operations
requiring the consumption of electric energy for the purpose of negotiating the
purchase of electricity from any licensed supplier within the Commonwealth.
Aggregation pursuant to this subsection shall not require licensure pursuant to
&#xA7; 56-588.

C. Nothing in this section shall preclude municipalities from aggregating the
electric energy load of their governmental buildings, facilities and any other
governmental operations requiring the consumption of electric energy for the
purpose of negotiating rates and terms, and conditions of service from the
electric utility certificated by the Commission to serve the territory in which
such buildings, facilities and operations are located, provided, however, that
no such electric energy load shall be aggregated for this purpose unless all
such buildings, facilities and operations to be aggregated are served by the
same electric utility.

HISTORY: 1999, c. 411; 2000, c. 991; 2003, c. 795; 2004, c. 827; 2007, cc. 888,
933.