                                 CODE OF VIRGINIA

 DEFINITIONS (§ 56-614)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Distribution facilities&#8221; includes poles and wires, or cables, or
pipelines or other underground conduits by which a renewable generator is able
to (i) supply electricity generated at its renewable energy facility to the
electric distribution grid, (ii) distribute steam generated at its renewable
energy facility to customers, or (iii) supply landfill gas it collects to
customers or a natural gas distribution or transmission pipeline.
		&#8220;Locality&#8221; means the same as that term is defined in § 15.2-102.
		&#8220;Public highway&#8221; means, for purposes of computing the public
rights-of-way use fee, the centerline mileage of highways and streets that are
part of the primary state highway system as defined in § 33.2-100, the
secondary state highway system as defined in §§ 33.2-100 and 33.2-324, the
highways of those cities and certain towns defined in § 33.2-319, and the
highways and streets maintained and operated by counties that have withdrawn or
elect to withdraw from the secondary system of state highways under the
provisions of § 11 of Chapter 415 of the Acts of Assembly of 1932 and that have
not elected to return.
		&#8220;Public rights-of-way use fee&#8221; means the fee chargeable to a
renewable generator for the occupation and use of public streets, roads,
highways, works, turnpikes, streets, avenues, and alleys in the Commonwealth by
a locality or the Commonwealth Transportation Board for a renewable generator
for its distribution facilities.
		&#8220;Renewable energy facility&#8221; means (i) an electrical generation
facility that produces not more than 2 megawatts peak net power output to the
distribution grid, which electricity is generated only from a renewable energy
source; (ii) a steam reduction facility with a rated capacity of not more than
5,000 mmBtus per hour that produces steam only from a renewable energy source;
or (iii) a solid waste management facility permitted by the Department of
Environmental Quality from which landfill gas is transmitted or distributed off
premises.
		&#8220;Renewable energy source&#8221; means energy derived from any source
specified in the definition of renewable energy in § 56-576.
		&#8220;Renewable generator&#8221; means a person that (i) does not have the
power of a public service corporation to acquire rights-of-way, easements, or
other interests in lands as provided in § 56-49 and (ii) operates a renewable
energy facility.
		&#8220;Restrictions or requirements concerning the use of the public
rights-of-way&#8221; includes permitting processes; requirements regarding
notice, time, and location of excavations and repair work; enforcement of the
statewide building code; and inspections but does not include any existing
franchise fee or public rights-of-way use fee.

HISTORY: 2009, c. 807, § 67-1100; 2021, Sp. Sess. I, c. 387.