Terms Used In Virginia Code > Title 1 > Chapter 1 - Code of Virginia

• Adult: means a person 18 years of age or older. See Virginia Code 16.1-228
• Advisory Council: means the Electric Vehicle Rebate Program Advisory Council. See Virginia Code 45.2-1726
• affiliated interest: when used in this chapter shall mean and include the following:

  1. See Virginia Code 56-76

• Agritourism activity: means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, horseback riding, historical, cultural, harvest-your-own activities, or natural activities and attractions. See Virginia Code 3.2-6400
• Agritourism professional: means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation. See Virginia Code 3.2-6400
• authority: means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ 37. See Virginia Code 37.2-100
• Authority: means the Southwest Virginia Energy Research and Development Authority established pursuant to this article. See Virginia Code 45.2-1717
• Base price: means the manufacturer's base price for the lowest price trim level of the model and shall not include charges for optional equipment, taxes, title, or registration fees. See Virginia Code 45.2-1726
• Board: means the Virginia Gas and Oil Board. See Virginia Code 45.2-1600
• Board: means the State Board of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
• Coal mine methane: means methane gas captured and produced from an underground gob area associated with a mined-out coal seam that would otherwise escape into the atmosphere. See Virginia Code 45.2-1717
• Coal operator: means any person who operates or has the right to operate a coal mine. See Virginia Code 45.2-1600
• Coal owner: means any person who owns, leases, mines and produces, or has the right to mine and produce a coal seam. See Virginia Code 45.2-1600
• coastal energy: includes wave or tidal action, currents, offshore winds, thermal differences, and methane hydrates. See Virginia Code 45.2-1715
• Commission: means the State Corporation Commission. See Virginia Code 56-1
• Community services board: means the public body established pursuant to § 37. See Virginia Code 37.2-100
• 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
• Competitive local exchange telephone company: means (i) a competing telephone company, excluding a city, town, or county, that was granted a certificate on or after January 1, 1996, pursuant to § 56-265. See Virginia Code 56-54.2
• Competitive telephone company: means (i) an incumbent local exchange telephone company whose residential dial tone lines (a) were deemed competitive by the Commission throughout the company's incumbent service territory prior to January 1, 2014, or (b) are declared competitive by the Commission throughout its incumbent service territory on or after January 1, 2014, in a proceeding pursuant to § 56-235. See Virginia Code 56-54.2
• Consent: means the voluntary, express, and informed agreement to treatment in a mental health facility by a minor 14 years of age or older and by a parent or a legally authorized custodian. See Virginia Code 16.1-336
• Consortium: means the Virginia Coastal Energy Research Consortium established pursuant to Article 5 (§ 45. See Virginia Code 45.2-1700
• Contracting entity: means any public body as defined in § 2. See Virginia Code 45.2-1702
• Dealer: means a motor vehicle dealer licensed pursuant to Chapter 15 of Title 46. See Virginia Code 45.2-1726
• Department: means the Department of Juvenile Justice and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law. See Virginia Code 16.1-228
• Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
• DEQ: means the Department of Environmental Quality. See Virginia Code 45.2-1600
• detention home: means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody. See Virginia Code 16.1-228
• Developer: means any private developer of an energy development project. See Virginia Code 45.2-1717
• Developmental services: means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
• Division: means the Division of Renewable Energy and Energy Efficiency of the Department of Energy. See Virginia Code 45.2-1700
• Electric motor vehicle: includes fuel cell electric vehicles. See Virginia Code 45.2-1726
• Employee: means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Behavioral Health and Developmental Services. See Virginia Code 16.1-336
• Energy conservation measures: means the use of methods and techniques, the application of knowledge, or the installation of devices, including an alteration or betterment of an existing facility, that reduces energy consumption or operating costs and includes:

  1. See Virginia Code 45.2-1702

• Energy cost savings: means a measured reduction in fuel, energy, or operation and maintenance costs created from the implementation of one or more energy conservation measures when compared with an established baseline for previous fuel, energy, or operation and maintenance costs. See Virginia Code 45.2-1702
• Energy development project: means any activity that generates, produces, or stores energy, any energy efficiency system, and any supporting ancillary activities located within Southwest Virginia and includes interests in land, improvements, and ancillary facilities and research, development, commercialization, and deployment activities designated by the Authority to the nonprofit collaborative. See Virginia Code 45.2-1717
• Energy performance-based contract: means a contract for the evaluation, recommendation, and implementation of energy conservation measures that includes, at a minimum:

  1. See Virginia Code 45.2-1702

• Enhanced recovery: means (i) any activity involving injection of any air, gas, water, or other fluid into the productive strata; (ii) the application of pressure, heat, or other means for the reduction of viscosity of the hydrocarbons; or (iii) the supplying of additional motive force other than normal pumping to increase the production of gas or oil from any well or pool. See Virginia Code 45.2-1600
• Exploratory well: means any well drilled to (i) find and produce gas or oil in an unproven area, (ii) find a new reservoir in a field previously found to be productive of gas or oil in another reservoir, or (iii) extend the limits of a known gas or oil reservoir. See Virginia Code 45.2-1600
• Facility: means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. See Virginia Code 37.2-100
• First point of sale: means , for oil, the point at which the oil is (i) sold, exchanged, or transferred for value from one person to another person or (ii) when used by the original owner of the oil, transported off the permitted site and delivered to another facility for use by the original owner. See Virginia Code 45.2-1600
• Fund: means the Electric Vehicle Rebate Program Fund. See Virginia Code 45.2-1726
• Gas or oil operator: means any person who operates or has been designated to operate any gas or oil well or gathering pipeline. See Virginia Code 45.2-1600
• Gathering pipeline: means a pipeline that is used or intended for use in the transportation of gas or oil from the well to (i) a transmission pipeline regulated by the U. See Virginia Code 45.2-1600
• geophysical operation: means any activity in search of gas or oil that breaks or disturbs the surface of the earth, including road construction or core drilling. See Virginia Code 45.2-1600
• Geophysical operator: means a person who has the right to explore for gas or oil using ground-disturbing geophysical exploration. See Virginia Code 45.2-1600
• Ground-disturbing: means any changing of land that could result in soil erosion from water or wind and the movement of sediments into state waters, including clearing, grading, excavating, drilling, and transporting and filling of land. See Virginia Code 45.2-1600
• 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.
• Incapable of making an informed decision: means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. See Virginia Code 16.1-336
• Incumbent local exchange telephone company: means a public service corporation that was providing local exchange telephone service prior to January 1, 1996, or a successor entity to such a public service corporation. See Virginia Code 56-54.2
• Incumbent territory: means the area in which an incumbent local exchange telephone company was providing local exchange telephone service prior to July 1, 2002, except as its incumbent certificate may have been amended by the Commission after that date pursuant to subdivision B 1 of § 56-265. See Virginia Code 56-54.2
• individual: means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer" "patient" "resident" "recipient" or "client. See Virginia Code 37.2-100
• Injection well: means any well used to inject or otherwise place any substance associated with gas or oil operations into the earth or underground strata for disposal, storage, or enhanced recovery. See Virginia Code 45.2-1600
• Inpatient treatment: means placement for observation, diagnosis, or treatment of mental illness in a psychiatric hospital or in any other type of mental health facility determined by the Department of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness. See Virginia Code 16.1-336
• Inspector: means the Virginia Gas and Oil Inspector appointed by the Director pursuant to § 45. See Virginia Code 45.2-1600
• Intake officer: means a juvenile probation officer appointed as such pursuant to the authority of this chapter. See Virginia Code 16.1-228
• Investment interest: means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments. See Virginia Code 16.1-336
• judge: includes a retired judge sitting by designation pursuant to § 16. See Virginia Code 16.1-336
• law: means the Juvenile and Domestic Relations District Court Law embraced in this chapter. See Virginia Code 16.1-228
• Legal custody: means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107. See Virginia Code 16.1-228
• Local exchange telephone service: means telephone service provided in a geographical area established for the administration of communication services and consists of one or more central offices together with associated facilities which are used in providing local exchange service. See Virginia Code 56-1
• Mail: includes electronic mail and other forms of electronic communication when the customer has requested or authorized electronic bill delivery or other electronic communications. See Virginia Code 56-1
• Maintenance savings: means the operating expenses eliminated and future capital replacement expenditures avoided as a result of new equipment installed or services performed by the performance contractor. See Virginia Code 45.2-1702
• Mental health facility: means a public or private facility for the treatment of mental illness operated or licensed by the Department of Behavioral Health and Developmental Services. See Virginia Code 16.1-336
• Mental illness: means a substantial disorder of the minor's cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment or capacity to recognize reality or to control behavior. See Virginia Code 16.1-336
• Mine: includes all of the land or property of the mining plant, including both the surface and subsurface, that is used in or contributes directly or indirectly to the mining, concentration, or handling of the mineral resources, including all roads. See Virginia Code 45.2-1600
• Mineral: means the same as that term is defined in § 45. See Virginia Code 45.2-1600
• Mineral owner: means any person who owns minerals, leases minerals, mines and produces minerals, or has the right to mine and produce minerals and to appropriate such minerals that he produces from it, either for himself or for himself and others. See Virginia Code 45.2-1600
• Minor: means a person less than 18 years of age. See Virginia Code 16.1-336
• minor: means a person who is (i) younger than 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ 63. See Virginia Code 16.1-228
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• municipal corporation: shall include an authority created by a governmental unit exempt from the referendum requirement of § 15. See Virginia Code 56-1
• natural gas: means all natural gas, whether hydrocarbon, nonhydrocarbon, or any combination or mixture thereof, including hydrocarbons, hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casing head gas, and all other fluids not defined as oil pursuant to this section. See Virginia Code 45.2-1600
• Nonprofit collaborative: means a multi-site nonprofit innovative energy technology testbed established as a collaborative effort of the Department of Energy, the Authority, and the Authority's business partners to support the Authority's purpose through energy technology research, development, commercialization, and deployment. See Virginia Code 45.2-1717
• Oil: means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, that are produced at the well in liquid form by ordinary production methods and are not the result of condensation of gas after it leaves the underground reservoir. See Virginia Code 45.2-1600
• Orphaned well: means any well abandoned prior to July 1, 1950, or for which no records exist concerning its drilling, plugging, or abandonment. See Virginia Code 45.2-1600
• Parent: means (i) a biological or adoptive parent who has legal custody of the minor, including either parent if custody is shared under a joint decree or agreement, (ii) a biological or adoptive parent with whom the minor regularly resides, (iii) a person judicially appointed as a legal guardian of the minor, or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption or otherwise by operation of law. See Virginia Code 16.1-336
• Participant: means any person, other than an agritourism professional, who engages in an agritourism activity. See Virginia Code 3.2-6400
• Participating dealer: means a dealer who is participating in the Program. See Virginia Code 45.2-1726
• Performance guarantee bond: means the performance bond provided by the energy performance contractor for each year of the energy program in an amount equal to, but no greater than, the guaranteed measured and verifiable annual savings set forth in the program. See Virginia Code 45.2-1702
• Permittee: means any gas, oil, or geophysical operator holding a permit for gas, oil, or geophysical operations issued under authority of this chapter. See Virginia Code 45.2-1600
• Person: includes individuals, partnerships, limited liability companies, and corporations. See Virginia Code 56-1
• Pipeline: means any pipe above or below the ground used or to be used to transport gas or oil. See Virginia Code 45.2-1600
• Plan: means the Virginia Energy Plan prepared pursuant to Article 4 (§ 45. See Virginia Code 45.2-1700
• Principal stockholder: means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, five percent or more of the equity ownership of any person that is a licensee of the Authority, or who in concert with his spouse and immediate family members has the power to vote or cause the vote of five percent or more of any such equity ownership. See Virginia Code 4.1-100
• Program: means the Electric Vehicle Rebate Program established pursuant to this article. See Virginia Code 45.2-1726
• public service company: when used in this chapter shall mean every person, firm, corporation or association, or their lessees, trustees or receivers, other than a municipal corporation, now or hereafter engaged in business in this Commonwealth as a public utility and subject to regulation as to rates and service by the State Corporation Commission under the provisions of Chapter 10 (§ 56-232 et seq. See Virginia Code 56-55
• public service company: when used in this chapter shall mean every person, firm, corporation or association, or their lessees, trustees or receivers, other than a municipal corporation, now or hereafter engaged in business in this Commonwealth as a public utility and subject to regulation as to rates and service by the State Corporation Commission under the provisions of Chapter 10 (§ 56-232 et seq. See Virginia Code 56-76
• Purchase: means the purchase or lease of a new or used electric motor vehicle. See Virginia Code 45.2-1726
• Qualified evaluator: means a psychiatrist or a psychologist licensed in Virginia by either the Board of Medicine or the Board of Psychology, or if such psychiatrist or psychologist is unavailable, (i) any mental health professional licensed in Virginia through the Department of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse or (ii) any mental health professional employed by a community services board. See Virginia Code 16.1-336
• Rate: means rate charged for any service rendered or to be rendered. See Virginia Code 56-1
• regulation: include joint rates, joint charges and joint regulations, respectively. See Virginia Code 56-1
• Restoration: means all activity required to return a permitted site to other use after gas, oil, or geophysical operations have ended, as approved in the operations plan for the permitted site. See Virginia Code 45.2-1600
• Royalty owner: means any owner of gas or oil in place, or owner of gas or oil rights, who is eligible to receive payment based on the production of gas or oil. See Virginia Code 45.2-1600
• Shelter care: means the temporary care of children in physically unrestricting facilities. See Virginia Code 16.1-228
• Southwest Virginia: means the region of the Commonwealth designated as Southwest Virginia in § 22. See Virginia Code 45.2-1717
• State waters: means all water, on the surface and under the ground, that is wholly or partially within or bordering the Commonwealth or within its jurisdiction and that affects the public welfare. See Virginia Code 45.2-1600
• Surface owner: means any person who is the owner of record of the surface of the land. See Virginia Code 45.2-1600
• Treatment: means any planned intervention intended to improve a minor's functioning in those areas which show impairment as a result of mental illness. See Virginia Code 16.1-336
• Used electric motor vehicle: means a previously owned or leased electric motor vehicle that is more than two years old and not more than seven years old. See Virginia Code 45.2-1726
• Water well: means any well drilled, bored, or dug into the earth for the sole purpose of extracting from it potable, fresh, or usable water for household, domestic, industrial, agricultural, or public use. See Virginia Code 45.2-1600
• Well: means any shaft or hole sunk, drilled, bored, or dug into the earth or into underground strata for the extraction, injection, or placement of any gaseous or liquid substance or any shaft or hole sunk or used in conjunction with such extraction, injection, or placement. See Virginia Code 45.2-1600