Sections
Article 1 Forgery 18.2-168 – 18.2-173
Article 2 Impersonation 18.2-174 – 18.2-177.1
Article 3 False Pretenses 18.2-178 – 18.2-180
Article 4 Bad Check Law 18.2-181 – 18.2-185
Article 5 False Representations to Obtain Property or Credit 18.2-186 – 18.2-190
Article 5 1. Offenses Involving Electronic Communication Devices 18.2-190.1 – 18.2-190.8
Article 6 Offenses Relating to Credit Cards 18.2-191 – 18.2-199
Article 7 Miscellaneous False and Fraudulent Acts 18.2-200 – 18.2-213.2
Article 8 Misrepresentations and Other Offenses Connected with Sales 18.2-214 – 18.2-246
Article 9 Virginia Comprehensive Money Laundering Act 18.2-246.1 – 18.2-246.5
Article 10 Cigarette Delivery Sale Requirements 18.2-246.6 – 18.2-246.15

Terms Used In Virginia Code > Title 18.2 > Chapter 6 - Crimes Involving Fraud

  • Acquirer: means a business organization, financial institution or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card or credit card number for money, goods, services or anything else of value. See Virginia Code 18.2-191
  • 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
  • Affiliate: means any person that controls, is controlled by, or is under common control with an electric utility. See Virginia Code 56-576
  • agent: means a person not less than 16 years of age charged by an entity with the responsibility of navigating and operating a personal delivery device. See Virginia Code 46.2-100
  • 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
  • Alcohol: means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States. See Virginia Code 4.1-100
  • Alcohol vaporizing device: means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. See Virginia Code 4.1-100
  • 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
  • Allegation: something that someone says happened.
  • 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.
  • Antique motor vehicle: means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. See Virginia Code 46.2-100
  • 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Autocycle: means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. See Virginia Code 46.2-100
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Bottle: means any vessel intended to contain liquids and having a capacity of not more than 43 ounces. See Virginia Code 4.1-100
  • 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 an industrial development authority, or a similar political subdivision of the Commonwealth created pursuant to § 15. See Virginia Code 56-576
  • cancellation: means that the document or privilege cancelled has been annulled or terminated because of some error, defect, or ineligibility, but the cancellation is without prejudice and reapplication may be made at any time after cancellation. See Virginia Code 46.2-100
  • Cardholder: means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Virginia Code 18.2-191
  • Certificate: means the certificate of authority awarded pursuant to this chapter which allows operation of a roadway. See Virginia Code 56-536
  • Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
  • 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
  • Commission: means the State Corporation Commission. See Virginia Code 56-603
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-100
  • 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
  • Commissioner: means the Commissioner of the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Computer-based clinic provider: means any clinic licensed by the Department to conduct driver improvement clinics via the Internet or other electronic means approved by the Department. See Virginia Code 46.2-490.3
  • 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
  • Container: means any barrel, bottle, carton, keg, vessel or other receptacle used for holding alcoholic beverages. See Virginia Code 4.1-100
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Converted electric vehicle: means any motor vehicle, other than a motorcycle or autocycle, that has been modified subsequent to its manufacture to replace an internal combustion engine with an electric propulsion system. See Virginia Code 46.2-100
  • 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 or total gas bill, 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 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
  • 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
  • Credit card: means any instrument or device, whether known as a credit card, credit plate, payment device number, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit. See Virginia Code 18.2-191
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • 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
  • Decal: means a device to be attached to a license plate that validates the license plate for a predetermined registration period. See Virginia Code 46.2-100
  • 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 Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
  • Department: means the Virginia Department of Transportation. See Virginia Code 56-536
  • development: means to plan, design, develop, finance, lease, acquire, install, construct, or expand. See Virginia Code 56-575.1
  • 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
  • driver: means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle. See Virginia Code 46.2-100
  • 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
  • Electronic communication device: means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. See Virginia Code 18.2-190.1
  • Electronic communication service: means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
  • Electronic communication service provider: means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i). See Virginia Code 18.2-190.1
  • 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: means natural gas utility facility replacement projects that: (i) enhance safety or reliability by reducing system integrity risks associated with customer outages, corrosion, equipment failures, material failures, or natural forces; (ii) do not increase revenues by directly connecting the infrastructure replacement to new customers; (iii) reduce or have the potential to reduce greenhouse gas emissions; (iv) are commenced on or after January 1, 2010; and (v) are not included in the natural gas utility's rate base in its most recent rate case using the cost of service methodology set forth in § 56-235. 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
  • 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
  • Equipment or materials used to manufacture an unlawful electronic communication device: means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
  • Executor: A male person named in a will to carry out the decedent
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Farm tractor: means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements, including self-propelled mowers designed and used for mowing lawns. See Virginia Code 46.2-100
  • 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
  • Federal safety requirements: means applicable provisions of 49 U. See Virginia Code 46.2-100
  • Financial responsibility: means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in § 46. See Virginia Code 46.2-100
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign market vehicle: means any motor vehicle originally manufactured outside the United States, which was not manufactured in accordance with 49 U. See Virginia Code 46.2-100
  • Foreign vehicle: means every motor vehicle, trailer, or semitrailer that is brought into the Commonwealth otherwise than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in the Commonwealth. See Virginia Code 46.2-100
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • 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.
  • Gross weight: means the aggregate weight of a vehicle or combination of vehicles and the load thereon. See Virginia Code 46.2-100
  • Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth. See Virginia Code 46.2-100
  • 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
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interdicted person: means a person to whom the sale of alcoholic beverages is prohibited by order pursuant to this title. See Virginia Code 4.1-100
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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
  • Intoxicated: means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior. See Virginia Code 4.1-100
  • 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
  • Issuer: means the business organization or financial institution or its duly authorized agent which issues a credit card. See Virginia Code 18.2-191
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Law-enforcement officer: means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law. See Virginia Code 46.2-100
  • Legatee: A beneficiary of a decedent
  • License plate: means a device containing letters, numerals, or a combination of both, attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly registered with the Department. See Virginia Code 46.2-100
  • 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
  • Manufacture of an unlawful electronic communication device: means to make, produce or assemble an unlawful electronic communication device, or to modify, alter, program or reprogram an electronic communication device to be capable of performing any of the illegal functions of an unlawful electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
  • Manufactured home: means a structure subject to federal regulation, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. See Virginia Code 46.2-100
  • 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
  • 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
  • Moped: means every vehicle that travels on not more than three wheels in contact with the ground that (i) has a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; (ii) has a gasoline, electric, or hybrid motor that (a) displaces 50 cubic centimeters or less or (b) has an input of 1500 watts or less; (iii) is power-driven, with or without pedals that allow propulsion by human power; and (iv) is not operated at speeds in excess of 35 miles per hour. See Virginia Code 46.2-100
  • Motor vehicle: means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. See Virginia Code 46.2-100
  • Motorcycle: means every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour. See Virginia Code 46.2-100
  • 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
  • Nonresident: means every person who is not domiciled in the Commonwealth, except: (i) any foreign corporation that is authorized to do business in the Commonwealth by the State Corporation Commission shall be a resident of the Commonwealth for the purpose of this title; in the case of corporations incorporated in the Commonwealth but doing business outside the Commonwealth, only such principal place of business or branches located within the Commonwealth shall be dealt with as residents of the Commonwealth; (ii) a person who becomes engaged in a gainful occupation in the Commonwealth for a period exceeding 60 days shall be a resident for the purposes of this title except for the purposes of Chapter 3 (§ 46. See Virginia Code 46.2-100
  • Off-road motorcycle: means every motorcycle designed exclusively for off-road use by an individual rider with not more than two wheels in contact with the ground. See Virginia Code 46.2-100
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who holds the legal title to a vehicle; however, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title. See Virginia Code 46.2-100
  • Payment device number: means any code, account number or other means of account access, other than a check, draft or similar paper instrument, that can be used to obtain money, goods, services or anything else of value, or to initiate a transfer of funds. See Virginia Code 18.2-191
  • 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: means natural persons, firms, associations, cooperatives, corporations, limited liability companies, business trusts, partnerships, and limited liability partnerships. See Virginia Code 56-605
  • 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
  • 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
  • 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.
  • 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 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 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

  • 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
  • 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
  • receiving: means acquiring possession or control of the credit card number or payment device number or accepting the same as security for a loan. See Virginia Code 18.2-191
  • 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
  • Reconstructed vehicle: means every vehicle of a type required to be registered under this title materially altered from its original construction by the removal, addition, or substitution of new or used essential parts. See Virginia Code 46.2-100
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • regulation: include joint rates, joint charges and joint regulations, respectively. See Virginia Code 56-1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • Residence: means any building or part of a building or structure where a person resides, but does not include any part of a building which is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof. See Virginia Code 4.1-100
  • 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 beer, or 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
  • Sales draft: means a paper or electronic form evidencing a purchase of goods, services or anything else of value from a merchant through the use of a credit card. See Virginia Code 18.2-191
  • Sangria: means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits. See Virginia Code 4.1-100
  • 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
  • Sell: means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same. See Virginia Code 18.2-190.1
  • 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 of process: The service of writs or summonses to the appropriate party.
  • Service payments: means payments to the private entity of a qualifying project pursuant to a service contract. See Virginia Code 56-575.1
  • Shoulder: means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. See Virginia Code 46.2-100
  • Solar energy system: means a system of components that produces heat or electricity, or both, from sunlight. See Virginia Code 56-576
  • Special construction and forestry equipment: means any vehicle which is designed primarily for highway construction, highway maintenance, earth moving, timber harvesting or other construction or forestry work and which is not designed for the transportation of persons or property on a public highway. See Virginia Code 46.2-100
  • 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
  • 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
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
  • 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 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
  • Transmission system: means those facilities and equipment that are required to provide for the transmission of electric energy. See Virginia Code 56-576
  • Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
  • Unlawful electronic communication device: means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
  • 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.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.