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67-1100 - Definitions.

§ 67-1100. Definitions.

As used in this chapter, unless the context requires otherwise:

"Commission" means the State Corporation Commission.

"Distribution facilities" includes poles and wires, or cables, or pipelinesor other underground conduits by which a renewable generator is able to (i)supply electricity generated at its renewable energy facility to the electricdistribution grid, (ii) distribute steam generated at its renewable energyfacility to customers, or (iii) supply landfill gas it collects to customersor a natural gas distribution or transmission pipeline.

"Locality" has the meaning ascribed thereto in § 15.2-102.

"Public highway" means, for purposes of computing the public rights-of-wayuse fee, the centerline mileage of highways and streets that are part of theState Highway System as defined in § 33.1-25, the secondary system of statehighways as defined in § 33.1-67, the highways of those cities and certaintowns defined in § 33.1-41.1, and the highways and streets maintained andoperated by counties that have withdrawn or elect to withdraw from thesecondary system of state highways under the provisions of § 11 of Chapter415 of the Acts of Assembly of 1932 and that have not elected to return.

"Public rights-of-way use fee" means the fee chargeable to a renewablegenerator for the occupation and use of public streets, roads, highways,works, turnpikes, streets, avenues, and alleys in the Commonwealth by alocality or the Commonwealth Transportation Board for a renewable generatorfor its distribution facilities.

"Renewable energy facility" means (i) an electrical generation facilitythat produces not more than 2 megawatts peak net power output to thedistribution grid, which electricity is generated only from a renewableenergy source; (ii) a steam reduction facility with a rated capacity of notmore than 5,000 mmBtus per hour that produces steam only from a renewableenergy source; or (iii) a solid waste management facility permitted by theDepartment of Environmental Quality from which landfill gas is transmitted ordistributed off premises.

"Renewable energy source" means energy derived from any source specified inthe definition of renewable energy in § 56-576.

"Renewable generator" means a person that (i) does not have the power of apublic service corporation to acquire rights-of-way, easements, or otherinterests in lands as provided in § 56-49 and (ii) operates a renewableenergy facility.

"Restrictions or requirements concerning the use of the publicrights-of-way" includes permitting processes; requirements regarding notice,time and location of excavations and repair work; enforcement of thestatewide building code; and inspections. Such phrase shall not include anyexisting franchise fee or public rights-of-way use fee.

(2009, c. 807.)

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