Terms Used In Virginia Code > Title 18.2 > Chapter 5 - Crimes Against Property

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Administration: means the U. See Virginia Code 56-555.1
• Affected customer: means any customer of a natural gas utility receiving service at a premises served by eligible system expansion infrastructure. See Virginia Code 56-610
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means any person that controls, is controlled by, or is under common control with an electric utility. See Virginia Code 56-576
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aggregator: means a person that, as an agent or intermediary, (i) offers to purchase, or purchases, electric energy or (ii) offers to arrange for, or arranges for, the purchase of electric energy, for sale to, or on behalf of, two or more retail customers not controlled by or under common control with such person. See Virginia Code 56-576
• Alcoholic beverages: includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. See Virginia Code 4.1-100
• Allowed distribution revenue: means the average annual, weather-normalized, nongas commodity revenue per customer associated with the rates in effect as adopted in the applicable utility's last Commission-approved rate case or performance-based regulation plan, multiplied by the average number of customers served. See Virginia Code 56-600
• Amortization: Paying off a loan by regular installments.
• Appropriating body: means the body responsible for appropriating or authorizing funding to pay for a qualifying project. See Virginia Code 56-575.1
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beer: means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume. See Virginia Code 4.1-100
• Board: means the Commonwealth Transportation Board. See Virginia Code 56-536
• Board: means the Board of Directors of the Virginia Alcoholic Beverage Control Authority. See Virginia Code 4.1-100
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 57-48
• Business park: means a land development containing a minimum of 100 contiguous acres classified as a Tier 4 site under the Virginia Economic Development Partnership's Business Ready Sites Program that is developed and constructed by a locality, an industrial development authority, or a similar political subdivision of the Commonwealth created pursuant to § 15. See Virginia Code 56-576
• Certificate: means the certificate of authority awarded pursuant to this chapter which allows operation of a roadway. See Virginia Code 56-536
• Charitable organization: means any person that is or holds itself out to be organized or operated for any charitable purpose, or any person that solicits or obtains contributions solicited from the public. See Virginia Code 57-48
• Charitable purpose: means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purpose and the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting, or intervening in litigation. See Virginia Code 57-48
• Charitable sales promotion: means advertised sales that feature the names of both the commercial co-venturer and the charitable or civic organization and that state that the purchase or use of the goods, services, entertainment, or any other thing of value that the commercial co-venturer normally sells will benefit the charitable or civic organization or its purposes. See Virginia Code 57-48
• Civic organization: means any local service club, veterans post, fraternal society or association, volunteer fire or rescue group, or local civic league or association of 10 or more persons not organized for profit but operated exclusively for educational or charitable purposes as defined in this section, including the promotion of community welfare, and the net earnings of which are devoted exclusively to charitable, educational, recreational, or social welfare purposes. See Virginia Code 57-48
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• clinic: means an individual, partnership or corporation, institution of higher education, or government entity licensed by the Department as prescribed by this chapter for the purpose of instructing persons identified by the Department and the court system as problem drivers; in need of driver improvement education and training; and for drivers interested in improving their own knowledge of highway safety. See Virginia Code 46.2-490.3
• Combined heat and power: means a method of using waste heat from electrical generation to offset traditional processes, space heating, air conditioning, or refrigeration. See Virginia Code 56-576
• Commercial co-venturer: means any person who (i) is organized for profit, (ii) is regularly and primarily engaged in trade or commerce, other than in connection with soliciting for charitable or civic organizations or charitable purposes, and (iii) conducts an advertised charitable sales promotion for a specified limited period of time. See Virginia Code 57-48
• Commercial motor vehicle: means , except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight rating of 26,001 or more pounds; (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. See Virginia Code 46.2-341.4
• Commission: means the State Corporation Commission. See Virginia Code 56-1
• Commission: means the State Corporation Commission. See Virginia Code 56-536
• Commission: means the State Corporation Commission. See Virginia Code 56-575.1
• Commission: means the State Corporation Commission. See Virginia Code 56-576
• Commission: means the State Corporation Commission. See Virginia Code 56-603
• Commissioner: means the Commissioner of Agriculture and Consumer Services or a member of his staff to whom he may delegate his duties under this chapter. See Virginia Code 57-48
• Community in which a majority of the population are people of color: means a U. See Virginia Code 56-576
• company: includes all corporations created by acts of the General Assembly of Virginia, or under the general incorporation laws of this Commonwealth, or doing business therein, and shall exclude all municipal corporations, other political subdivisions, and public institutions owned or controlled by the Commonwealth. See Virginia Code 56-1
• Comprehensive agreement: means the comprehensive agreement between the private entity and the responsible public entity required by § 56-575. See Virginia Code 56-575.1
• Conservation and ratemaking efficiency plan: means a plan filed by a natural gas utility pursuant to this chapter that includes a decoupling mechanism. See Virginia Code 56-600
• Contribution: means any gift, bequest, devise, or other grant of any money, credit, financial assistance, or property of any kind or value, including the promise to contribute, except payments by the membership of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, and except money, credit, financial assistance, or property received from any governmental authority. See Virginia Code 57-48
• Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. See Virginia Code 46.2-341.4
• Cooperative: means a utility formed under or subject to Chapter 9. See Virginia Code 56-576
• Cost-effective conservation and energy efficiency program: means a program approved by the Commission that is designed to decrease the average customer's annual, weather-normalized consumption of energy, for gas and nongas elements combined, or avoid energy costs or consumption the customer may otherwise have incurred, and is determined by the Commission to be cost-effective if the net present value of the benefits exceeds the net present value of the costs at the portfolio level as determined by not less than any three of the following four tests: the Total Resource Cost Test, the Program Administrator Test (also referred to as the Utility Cost Test), the Participant Test, and the Ratepayer Impact Measure Test. See Virginia Code 56-600
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Covered entity: means a provider in the Commonwealth of an electric service not subject to competition but does not include default service providers. See Virginia Code 56-576
• Covered transaction: means an acquisition, merger, or consolidation of, or other transaction involving stock, securities, voting interests or assets by which one or more persons obtains control of a covered entity. See Virginia Code 56-576
• Curtailment: means inducing retail customers to reduce load during times of peak demand so as to ease the burden on the electrical grid. See Virginia Code 56-576
• Customer choice: means the opportunity for a retail customer in the Commonwealth to purchase electric energy from any supplier licensed and seeking to sell electric energy to that customer. See Virginia Code 56-576
• Decoupling mechanism: means a rate, tariff design or mechanism that decouples the recovery of a utility's allowed distribution revenue from the level of consumption of natural gas by its customers, including (i) a mechanism that adjusts actual nongas distribution revenues per customer to allowed distribution revenues per customer, such as a sales adjustment clause, (ii) rate design changes that substantially align the percentage of fixed charge revenue recovery with the percentage of the utility's fixed costs, such as straight fixed variable rates, provided such mechanism includes a substantial demand component based on a customer's peak usage, or (iii) a combination of clauses (i) and (ii) that substantially decreases the relative amount of nongas distribution revenue affected by changes in per customer consumption of gas. See Virginia Code 56-600
• Demand response: means measures aimed at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. See Virginia Code 56-576
• Department: means the Virginia Department of Transportation. See Virginia Code 56-536
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 57-48
• Dependent: A person dependent for support upon another.
• development: means to plan, design, develop, finance, lease, acquire, install, construct, or expand. See Virginia Code 56-575.1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disqualification: means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body. See Virginia Code 46.2-341.4
• Distribution facilities: 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. See Virginia Code 56-614
• Distributor: means a person owning, controlling, or operating a retail distribution system to provide electric energy directly to retail customers. See Virginia Code 56-576
• Disturbed land: means the area from which overburden has been removed in any mining operation, plus the area covered by the spoil and refuse, plus any area used in such mining operation, including land used for processing, stockpiling, or settling ponds. See Virginia Code 45.2-1200
• Division: means the Division of Mineral Mining. See Virginia Code 45.2-1200
• Docket: A log containing brief entries of court proceedings.
• Electric utility: means any person that generates, transmits, or distributes electric energy for use by retail customers in the Commonwealth, including any investor-owned electric utility, cooperative electric utility, or electric utility owned or operated by a municipality. See Virginia Code 56-576
• Electric utility: means any investor-owned public utility that provides electric energy for use by retail customers. See Virginia Code 56-597
• Eligible expansion investment: means that portion of the total capital investment made by a natural gas utility in constructing eligible system expansion infrastructure that is in excess of those costs that would be considered economic under a natural gas utility's economic test, net of any contributions in aid of construction, up to the maximum level of investment per affected customer specified in a system expansion plan. See Virginia Code 56-610
• Eligible infrastructure: means storage, compressed natural gas, liquefied natural gas, transmission and distribution facilities to be used in the delivery of natural gas, or supplemental or substitute forms of gas sources by a natural gas utility. See Virginia Code 56-605
• Eligible infrastructure replacement: includes natural gas utility facility replacement projects that are identified as a result of an enhanced leak detection and repair program. See Virginia Code 56-603
• Eligible infrastructure replacement costs: includes the following:

  1. See Virginia Code 56-603

• Eligible system expansion infrastructure: means natural gas main pipelines and associated facilities, including service lines, meters, and other pertinent facilities, that are constructed and operated by a natural gas utility to deliver natural gas service to affected customers located in an unserved area. See Virginia Code 56-610
• Eligible system expansion infrastructure costs: includes :

  1. See Virginia Code 56-610

• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver's license. See Virginia Code 46.2-341.4
• Energy efficiency program: means a program that reduces the total amount of electricity that is required for the same process or activity implemented after the expiration of capped rates. See Virginia Code 56-576
• Enhanced leak detection and repair program: means a program that is designed to allow a natural gas utility to deploy advanced leak detection technologies to more accurately identify active leaks as part of the natural gas utility's leak management program and to prioritize the repair of leaks that present a risk to safety or the environment. See Virginia Code 56-603
• Executor: A male person named in a will to carry out the decedent
• 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 but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
• Farm winery: means (i) an establishment (a) located on a farm in the Commonwealth on land zoned agricultural with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 21 percent alcohol by volume or (b) located in the Commonwealth on land zoned agricultural with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 21 percent alcohol by volume or (ii) an accredited public or private institution of higher education, provided that (a) no wine manufactured by the institution shall be sold, (b) the wine manufactured by the institution shall be used solely for research and educational purposes, (c) the wine manufactured by the institution shall be stored on the premises of such farm winery that shall be separate and apart from all other facilities of the institution, and (d) such farm winery is operated in strict conformance with the requirements of this clause (ii) and Board regulations. See Virginia Code 4.1-100
• Federal Act: means the federal Natural Gas Pipeline Safety Act of 1968, P. See Virginia Code 56-555.1
• Federated fund-raising organization: means any federation of independent charitable organizations that have voluntarily joined together, including but not limited to a United Fund or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual agencies upon the federated group organization. See Virginia Code 57-48
• Fixed costs: means any and all of the utility's nongas costs of service, together with an authorized return thereon, that are not associated with the cost of the natural gas commodity flowing through and measured by the customer's meter. See Virginia Code 56-600
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund-raising expenses: means the expenses of all activities that constitute or are an integral and inseparable part of a solicitation. See Virginia Code 57-48
• Gas: means natural gas, flammable gas, or toxic or corrosive gas. See Virginia Code 56-555.1
• Gas pipeline facility: includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation. See Virginia Code 56-555.1
• Generator: means a person owning, controlling, or operating a facility that produces electric energy for sale. See Virginia Code 56-576
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Highway: means the entire width between the boundary lines of every way or place of whatever nature open to the use of the public under the provisions of this chapter for purposes of vehicular travel in this Commonwealth. See Virginia Code 56-536
• Incumbent electric utility: means each electric utility in the Commonwealth that, prior to July 1, 1999, supplied electric energy to retail customers located in an exclusive service territory established by the Commission. See Virginia Code 56-576
• Independent system operator: means a person that may receive or has received, by transfer pursuant to this chapter, any ownership or control of, or any responsibility to operate, all or part of the transmission systems in the Commonwealth. See Virginia Code 56-576
• Interim agreement: means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. See Virginia Code 56-575.1
• Investment: means costs incurred on eligible infrastructure replacement projects including planning, development, and construction costs; costs of infrastructure associated therewith; and an allowance for funds used during construction. See Virginia Code 56-603
• Investment: means costs incurred to deploy eligible infrastructure including planning, development, and construction costs and, if applicable, an allowance for funds used during construction. See Virginia Code 56-605
• IRP: means a document developed by an electric utility that provides a forecast of its load obligations and a plan to meet those obligations by supply side and demand side resources over the ensuing 15 years to promote reasonable prices, reliable service, energy independence, and environmental responsibility. See Virginia Code 56-597
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Licensed: means the holding of a valid license granted by the Authority. See Virginia Code 4.1-100
• Licensee: means any person to whom a license has been granted by the Authority. See Virginia Code 4.1-100
• Locality: means the same as that term is defined in § 15. See Virginia Code 56-614
• Low-income geographic area: means any locality, or community within a locality, that has a median household income that is not greater than 80 percent of the local median household income, or any area in the Commonwealth designated as a qualified opportunity zone by the U. See Virginia Code 56-576
• Low-income utility customer: means any person or household whose income is no more than 80 percent of the median income of the locality in which the customer resides. See Virginia Code 56-576
• Material default: means any default by the private entity in the performance of its duties under subsection E of § 56-575. See Virginia Code 56-575.1
• Measure: means an individual item, service, offering, or rebate available to a customer of a natural gas utility as part of the utility's conservation and ratemaking efficiency plan. See Virginia Code 56-600
• Measured and verified: means a process determined pursuant to methods accepted for use by utilities and industries to measure, verify, and validate energy savings and peak demand savings. See Virginia Code 56-576
• Membership: means those persons to whom, for payment of fees, dues, assessments, etc. See Virginia Code 57-48
• Mineral: means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal. See Virginia Code 45.2-1200
• Mining: means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals or any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use. See Virginia Code 45.2-1200
• Mining operation: means any area included in an approved plan of operation. See Virginia Code 45.2-1200
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Municipality: means a city, county, town, authority, or other political subdivision of the Commonwealth. See Virginia Code 56-576
• Natural gas utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-603
• Natural gas utility: means an investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-605
• Natural gas utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-610
• New underground facilities: includes underground cables with voltages of 69 kilovolts or less, pad-mounted devices, connections at customer meters, and transition terminations from existing overhead distribution sources. See Virginia Code 56-576
• Oath: includes affirmation. See Virginia Code 1-228
• Oath: A promise to tell the truth.
• Operate: means to finance, maintain, improve, equip, modify, repair, or operate. See Virginia Code 56-575.1
• Operation: means all functions and pursuits of the operator of any roadway under this chapter which are directly or indirectly related to acquisition, approval, construction, enlargement, maintenance, patrolling, toll collections, or connections of the roadway or highway with any other highway or with any street, road or alley. See Virginia Code 56-536
• Operator: means the person who submits to the Commission an application for authority to construct, operate or enlarge a roadway, and which, after issuance of a certificate of authority, is responsible for operation of any roadway under the provisions of this chapter. See Virginia Code 56-536
• Operator: means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining. See Virginia Code 45.2-1200
• out-of-service declaration: means an order by a judicial officer pursuant to § 46. See Virginia Code 46.2-341.4
• Overburden: means all of the earth and other materials that lie above a natural deposit of minerals, ores, rock, or other solid matter and also other materials after removal from their natural deposit in the process of mining. See Virginia Code 45.2-1200
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent organization: means that part of a charitable organization that coordinates, supervises, or exercises control over policy, fund raising, and expenditures or assists or advises one or more chapters, branches, or affiliates. See Virginia Code 57-48
• Peak-shaving: means measures aimed solely at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. See Virginia Code 56-576
• Person: includes individuals, partnerships, limited liability companies, and corporations. See Virginia Code 56-1
• Person: means any individual, corporation, partnership, association, company, business, trust, joint venture, or other private legal entity, and the Commonwealth or any municipality. See Virginia Code 56-576
• Person: means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board. See Virginia Code 46.2-341.4
• Person: means natural persons, firms, associations, cooperatives, corporations, limited liability companies, business trusts, partnerships, and limited liability partnerships. See Virginia Code 56-605
• Person: means any individual, organization, trust, foundation, association, partnership, corporation, society, or other group or combination acting as a unit. See Virginia Code 57-48
• Person under a disability: shall include :

  a. See Virginia Code 8.01-2

• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Portfolio: means the program or programs included in a natural gas utility's conservation and ratemaking efficiency plan. See Virginia Code 56-600
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Previously developed project site: includes a brownfield as defined in § 10. See Virginia Code 56-576
• Private entity: means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity. See Virginia Code 56-575.1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional fund-raising counsel: means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. See Virginia Code 57-48
• Professional solicitor: means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents, servants, or employees who are specially employed by or for a charitable or civic organization and are engaged in the solicitation of contributions under the direction of such person or any person who, for a financial or other consideration, plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fund-raising counsel. See Virginia Code 57-48
• Program: means a group of one or more related measures for a customer class. See Virginia Code 56-600
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public entity: means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose. See Virginia Code 56-575.1
• Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
• Public rights-of-way use fee: 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. See Virginia Code 56-614
• public service company: includes gas, pipeline, electric light, heat, power and water supply companies, sewer companies, telephone companies, and all persons authorized to transport passengers or property as a common carrier. See Virginia Code 56-1
• Qualified waste heat resource: means (i) exhaust heat or flared gas from an industrial process that does not have, as its primary purpose, the production of electricity and (ii) a pressure drop in any gas for an industrial or commercial process. See Virginia Code 56-576
• Qualifying project: means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any services designed to increase the productivity or efficiency of the responsible public entity through the use of technology or other means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or (x) any solid waste management facility as defined in § 10. See Virginia Code 56-575.1
• Qualifying project: means an economic development project requiring natural gas service as to which the natural gas utility has made a good faith determination that the following criteria are satisfied:

  1. See Virginia Code 56-605

• Railroad: includes all railroad or railway lines, whether operated by steam, electricity, or other motive power, except when otherwise specifically designated. See Virginia Code 56-1
• Rate: means rate charged for any service rendered or to be rendered. See Virginia Code 56-1
• Reclamation: means the restoration or conversion of disturbed land to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable. See Virginia Code 45.2-1200
• Refuse: means all waste soil, rock, mineral tailings, slimes, and other material directly connected with the mine or with the cleaning and preparation of substances mined, including all waste material deposited in the permit area from other sources. See Virginia Code 45.2-1200
• regulation: include joint rates, joint charges and joint regulations, respectively. See Virginia Code 56-1
• Renewable energy: means energy derived from sunlight, wind, falling water, biomass, sustainable or otherwise, (the definitions of which shall be liberally construed), energy from waste, landfill gas, municipal solid waste, wave motion, tides, and geothermal power, and does not include energy derived from coal, oil, natural gas, or nuclear power. See Virginia Code 56-576
• Renewable energy facility: 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. See Virginia Code 56-614
• Renewable energy source: means energy derived from any source specified in the definition of renewable energy in § 56-576. See Virginia Code 56-614
• Renewable generator: 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. See Virginia Code 56-614
• Renewable thermal energy: means the thermal energy output from (i) a renewable-fueled combined heat and power generation facility that is (a) constructed, or renovated and improved, after January 1, 2012, (b) located in the Commonwealth, and (c) utilized in industrial processes other than the combined heat and power generation facility or (ii) a solar energy system, certified to the OG-100 standard of the Solar Ratings and Certification Corporation or an equivalent certification body, that (a) is constructed, or renovated and improved, after January 1, 2013, (b) is located in the Commonwealth, and (c) heats water or air for residential, commercial, institutional, or industrial purposes. See Virginia Code 56-576
• Renewable thermal energy equivalent: means the electrical equivalent in megawatt hours of renewable thermal energy calculated by dividing (i) the heat content, measured in British thermal units (BTUs), of the renewable thermal energy at the point of transfer to a residential, commercial, institutional, or industrial process by (ii) the standard conversion factor of 3. See Virginia Code 56-576
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Responsible public entity: means a public entity that has the power to develop or operate the applicable qualifying project. See Virginia Code 56-575.1
• Restaurant: means , for a wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold. See Virginia Code 4.1-100
• Restrictions or requirements concerning the use of the public rights-of-way: 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. See Virginia Code 56-614
• Retail customer: means any person that purchases retail electric energy for its own consumption at one or more metering points or nonmetered points of delivery located in the Commonwealth. See Virginia Code 56-576
• Retail electric energy: means electric energy sold for ultimate consumption to a retail customer. See Virginia Code 56-576
• Revenue-neutral: means a change in a rate, tariff design or mechanism as a component of a conservation and ratemaking efficiency plan that does not shift annualized allowed distribution revenue between customer classes, and does not increase or decrease the utility's average, weather-normalized nongas utility revenue per customer for any given rate class by more than 0. See Virginia Code 56-600
• Revenues: means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility. See Virginia Code 56-575.1
• revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
• Roadway: as used in this chapter , shall include only privately owned or operated highways for use of which a toll or similar single-use charge is imposed. See Virginia Code 56-536
• SAVE: means Steps to Advance Virginia's Energy Plan. See Virginia Code 56-603
• SAVE plan: means a plan filed by a natural gas utility that identifies proposed eligible infrastructure replacement projects and a SAVE rider. See Virginia Code 56-603
• SAVE rider: means a recovery mechanism that will allow for recovery of the eligible infrastructure replacement costs, through a separate mechanism from the customer rates established in a rate case using the cost of service methodology set forth in § 56-235. See Virginia Code 56-603
• Secretary: means the U. See Virginia Code 56-555.1
• sell: includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages. See Virginia Code 4.1-100
• Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
• Service contract: means a contract entered into between a public entity and the private entity pursuant to § 56-575. See Virginia Code 56-575.1
• Service payments: means payments to the private entity of a qualifying project pursuant to a service contract. See Virginia Code 56-575.1
• Solar energy system: means a system of components that produces heat or electricity, or both, from sunlight. See Virginia Code 56-576
• Spirits: means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government. See Virginia Code 4.1-100
• Spoil: means any overburden or other material removed from its natural state in the process of mining. See Virginia Code 45.2-1200
• State: means the Commonwealth of Virginia. See Virginia Code 56-575.1
• State: means one of the 50 states of the United States or the District of Columbia. See Virginia Code 46.2-341.4
• Subpoena duces tecum: A command to a witness to produce documents.
• Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
• Supplier: means any generator, distributor, aggregator, broker, marketer, or other person who offers to sell or sells electric energy to retail customers and is licensed by the Commission to do so, but it does not mean a generator that produces electric energy exclusively for its own consumption or the consumption of an affiliate. See Virginia Code 56-576
• suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
• System expansion plan: means a plan filed by a natural gas utility that identifies the level of eligible system expansion infrastructure costs that are projected to be incurred over the term of the plan and provides the calculation of a system expansion rider. See Virginia Code 56-610
• System expansion rider: means a recovery mechanism that will allow for recovery of the eligible system expansion infrastructure costs from affected customers, through a separate mechanism from the customer rates established in a rate case using the cost-of-service methodology set forth in § 56-235. See Virginia Code 56-610
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total annual energy savings: means (i) the total combined kilowatt-hour savings achieved by electric utility energy efficiency and demand response programs and measures installed in that program year, as well as savings still being achieved by measures and programs implemented in prior years, or (ii) savings attributable to newly installed combined heat and power facilities, including waste heat-to-power facilities, and any associated reduction in transmission line losses, provided that biomass is not a fuel and the total efficiency, including the use of thermal energy, for eligible combined heat and power facilitates must meet or exceed 65 percent and have a nameplate capacity rating of less than 25 megawatts. See Virginia Code 56-576
• Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-100
• Traffic control device: means a sign, signal, marking, or other device used to regulate, warn, or guide traffic placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction. See Virginia Code 46.2-100
• Traffic infraction: means a violation of law punishable as provided in § 46. See Virginia Code 46.2-100
• Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transmission system: means those facilities and equipment that are required to provide for the transmission of electric energy. See Virginia Code 56-576
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-600
• Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
• Venue: The geographical location in which a case is tried.
• Wine: includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume. See Virginia Code 4.1-100