Terms Used In Virginia Code > Title 10.1 > Subtitle I > Chapter 5 - Soil and Water Conservation

• Accredited career and technical education postsecondary school: means (i) a privately owned and managed, academic-vocational school, noncollege degree school, postsecondary school, or a vocational school, as defined in § Virginia Code 30-231.01
• Advisory Council: means the Electric Vehicle Rebate Program Advisory Council. See Virginia Code 45.2-1726
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Approved education program: means an educational agency or transition program or services accepted for participation in the Program by the Brown v. See Virginia Code 30-231.01
• Articles of trust: includes the original articles of trust, the original certificate of trust issued by the Commission, and all amendments to the articles of trust. See Virginia Code 13.1-1201
• Associated facility: means any facility utilized for gas or oil operations in the Commonwealth, other than a well or a well site. See Virginia Code 45.2-1600
• 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.
• authority: means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ Virginia Code 37.2-100
• Authority: means the Virginia Offshore Wind Development Authority established pursuant to Article 2 (§ Virginia Code 45.2-1800
• Authority: means the Virginia Nuclear Energy Consortium Authority established pursuant to this chapter. See Virginia Code 45.2-2100
• Authority: means the Southwest Virginia Energy Research and Development Authority established pursuant to this article. See Virginia Code 45.2-1717
• Authority: means the Virginia Solar Energy Development and Energy Storage Authority established pursuant to this article. See Virginia Code 45.2-1901
• 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
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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.
• 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
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basin: means the Roanoke River Basin. See Virginia Code 62.1-69.36
• Beneficial owner: means any owner of a beneficial interest in a business trust, the fact of ownership to be determined and evidenced, whether by means of registration, the issuance of certificates or otherwise, in conformity to the applicable provisions of the governing instrument of the business trust. See Virginia Code 13.1-1201
• Beneficial use: means both instream and offstream uses. See Virginia Code 62.1-10
• Board: means the State Board of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
• Board: means the Virginia Soil and Water Conservation Board. See Virginia Code 10.1-500
• Board: means the Virginia Gas and Oil Board. See Virginia Code 45.2-1600
• Board: means the State Water Control Board. See Virginia Code 45.2-2000
• Board: means the board of directors of the Authority. See Virginia Code 45.2-2100
• Board: means the Clean Energy Advisory Board created pursuant to § Virginia Code 45.2-1912
• Business trust: includes , without limitation, any of the following entities that conform with subdivisions 1 and 2 of this definition:

  (1) A trust of the type known at common law as a "business trust" or "Massachusetts trust";

  (2) A trust qualifying as a real estate mortgage investment conduit under § 860 D of the United States Internal Revenue Code of 1986, as amended, or under any successor provision;

  (3) A trust qualifying as a real estate investment trust under §§ 856 through 859 of the United States Internal Revenue Code of 1986, as amended, or under any successor provision; or

  (4) A "real estate investment trust" or "trust" created under former Chapter 9 of Title 6 or former Chapter 9 of Title 6. See Virginia Code 13.1-1201

• Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
• City: includes all cities chartered under the Commonwealth. See Virginia Code 10.1-500
• Claimant agency: means any administrative unit of state, county, city or town government, including department, institution, commission, authority, or the office of Executive Secretary of the Supreme Court, any circuit or district court and the Internal Revenue Service. See Virginia Code 58.1-520
• Coal claimant: means a person identified as possessing an interest in production royalties when a drilling unit is force-pooled or who asserts or possesses a claim to funds that are held in escrow, for a force-pooled coalbed methane gas well, or in suspense, for a voluntarily pooled coalbed methane gas well, by virtue of owning an interest in the coal estate contained within the drilling unit subject to the pooling order or agreement. See Virginia Code 45.2-1600
• 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
• Coal seam: includes a stratum of less than 20 inches in thickness if it (i) is being commercially worked or (ii) in the judgment of the Department could foreseeably be commercially worked and will require protection if a well is drilled through it. See Virginia Code 45.2-1600
• Coal surface mining operation: means :

  1. See Virginia Code 45.2-1000

• Coalbed methane gas: means occluded natural gas produced from coalbeds and rock strata associated with it. See Virginia Code 45.2-1600
• Coalbed methane gas well: means a well capable of producing coalbed methane gas. See Virginia Code 45.2-1600
• Coalbed methane gas well operator: means any person who operates or has been designated to operate a coalbed methane gas well. 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 Public-Private Partnership Advisory Commission. See Virginia Code 30-278
• Commission: means the State Corporation Commission of Virginia. See Virginia Code 13.1-1201
• Commissioner: means the Commissioner of Behavioral Health and Developmental Services. See Virginia Code 37.2-900
• Committee: means the Brown v. See Virginia Code 30-231.01
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Community services board: means the public body established pursuant to § Virginia Code 37.2-100
• Comprehensive agreement: means the same as the term is defined in the Public-Private Education Facilities and Infrastructure Act of 2002 (§ Virginia Code 30-278
• Consortium: means the Virginia Coastal Energy Research Consortium established pursuant to Article 5 (§ Virginia Code 45.2-1700
• Consortium: means the Virginia Nuclear Energy Consortium established by the Authority pursuant to § Virginia Code 45.2-2100
• Continuance: Putting off of a hearing ot trial until a later time.
• Contracting entity: means any public body as defined in § Virginia Code 45.2-1702
• County: includes towns. See Virginia Code 10.1-500
• dam: as used in this chapter is intended to include the appurtenant pondage area or any part thereof. See Virginia Code 62.1-84
• Dealer: means a motor vehicle dealer licensed pursuant to Chapter 15 of Title 46. See Virginia Code 45.2-1726
• Debtor: means any individual having a delinquent debt or account with any claimant agency which obligation has not been satisfied by court order, set aside by court order, or discharged in bankruptcy. See Virginia Code 58.1-520
• Decedent: means a deceased person. See Virginia Code 58.1-901
• Delinquent debt: means any liquidated sum due and owing any claimant agency, or any restitution ordered paid to a clerk of the court pursuant to Virginia Code 58.1-520
• Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
• Department: means the Department of Taxation. See Virginia Code 58.1-1
• Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-900
• Department: means the Department of Conservation and Recreation. See Virginia Code 10.1-100
• Dependent: A person dependent for support upon another.
• DEQ: means the Department of Environmental Quality. See Virginia Code 45.2-1600
• Developer: means any private developer of an energy development project. See Virginia Code 45.2-1717
• Developer: means any private developer of an offshore wind energy project. See Virginia Code 45.2-1803
• Developer: means any private developer of a solar energy project or an energy storage project. See Virginia Code 45.2-1901
• 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
• Director: means the Director of the Department of Corrections. See Virginia Code 37.2-900
• Director: means the Director of the Department of Conservation and Recreation. See Virginia Code 10.1-100
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disorder: includes any physical or mental disorder or impairment, whether caused by injury, disease, genetics, or other cause. See Virginia Code 37.2-1100
• District director: means a member of the governing body of a district authorized to serve as a director. See Virginia Code 10.1-500
• Division: means the Division of Renewable Energy and Energy Efficiency of the Department of Energy. See Virginia Code 45.2-1700
• Division: means the Division of Offshore Wind in the Department as established pursuant to § Virginia Code 45.2-1800
• Division: means the Division of Geology and Mineral Resources. See Virginia Code 45.2-107
• Docket: A log containing brief entries of court proceedings.
• domestic business trust: means an unincorporated business, trust, or association that:

  1. See Virginia Code 13.1-1201

• Donor: The person who makes a gift.
• Drilling unit: means the acreage on which one gas or oil well may be drilled. See Virginia Code 45.2-1600
• Dual enrollment: means the concurrent enrollment of a scholarship recipient in an adult education program for the high school diploma and a public or private accredited two-year or four-year Virginia institution of higher education. See Virginia Code 30-231.01
• Due notice: means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area, or if no such publication of general circulation is available, by posting at a reasonable number of conspicuous places within the appropriate area. See Virginia Code 10.1-500
• Educational agency: means any (i) public school in the Commonwealth, (ii) public or private accredited two-year or four-year Virginia institution of higher education that is in compliance with the Southern Association of Colleges and Schools accreditation standards for institutions and academic programs or other national or regional organization or agency recognized by the United States Secretary of Education for accrediting purposes, (iii) high school equivalency preparation program in compliance with Board of Education guidelines, (iv) College-Level Examination Program (CLEP) in compliance with the requirements of the College Board governing college level examination programs, or (v) accredited career and technical education postsecondary school in the Commonwealth, that accepts for admission recipients of the Brown v. See Virginia Code 30-231.01
• Electric motor vehicle: includes fuel cell electric vehicles. See Virginia Code 45.2-1726
• 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

• Energy storage project: means an energy storage facility located within the Commonwealth and includes interests in land, improvements, and ancillary facilities. See Virginia Code 45.2-1901
• 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
• Entity: includes any domestic or foreign business trust or other business entity, any estate or trust, and any state, the United States, and any foreign government. See Virginia Code 13.1-1201
• Entity conversion: means conversion. See Virginia Code 13.1-1201
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence of a proceeding or agreement: means written evidence that the coal claimant has (i) filed and has pending a judicial or arbitration proceeding against the gas claimant to determine the ownership of the coalbed methane gas and the right to the funds held in escrow or suspense or (ii) reached an agreement with the gas claimant to apportion the funds between them. See Virginia Code 45.2-1600
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Exploration activity: means and is limited to the drilling of test holes or stratigraphic or core holes of a depth in excess of 50 feet for the purpose of determining the location, quantity, or quality of uranium ore. See Virginia Code 45.2-2108
• 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
• Federal act: means the federal Surface Mining Control and Reclamation Act of 1977, P. See Virginia Code 45.2-1000
• Federal credit: means the maximum amount of the credit for state death taxes allowable by § 2011 of the United States Internal Revenue Code of 1954, as amended or renumbered, or successor provision, in respect to a decedent's taxable estate. See Virginia Code 58.1-901
• Field rules: means rules established by order of the Board that define a pool, drilling units, production allowables, or other requirements for gas or oil operations within an identifiable area. See Virginia Code 45.2-1600
• 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
• Foreign business trust: means a trust formed under the law of a jurisdiction other than the Commonwealth that would be a business trust if formed under the law of the Commonwealth. See Virginia Code 13.1-1201
• Fraud: Intentional deception resulting in injury to another.
• 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: means the Electric Vehicle Rebate Program Fund. See Virginia Code 45.2-1726
• Fund: means the Low-to-Moderate Income Solar Loan and Rebate Fund created pursuant to § Virginia Code 45.2-1912
• Gas claimant: means a person who is identified as possessing an interest in production royalties when a drilling unit is forced-pooled or who asserts or possesses a claim to funds that are held in escrow, for a force-pooled coalbed methane gas well, or in suspense, for a voluntarily pooled coalbed methane gas well, by virtue of owning an interest in the gas estate contained within the drilling unit subject to the pooling order or agreement. See Virginia Code 45.2-1600
• Gas or oil operations: means any (i) activity relating to drilling, redrilling, deepening, stimulating, production, enhanced recovery, converting from one type of a well to another, combining or physically changing to allow the migration of fluid from one formation to another, or plugging or replugging any well; (ii) ground-disturbing activity relating to the development, construction, operation, or abandonment of a gathering pipeline; (iii) development, operation, maintenance, or restoration of any site involved with gas or oil operations; or (iv) work undertaken at a facility used for gas or oil operations. See Virginia Code 45.2-1600
• 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
• Gas or oil owner: means any person who owns, leases, has an interest in, or has the right to explore for, drill, or operate a gas or oil well as principal or lessee. 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
• Geothermal resource: means the natural heat of the earth and the energy, in whatever form, that is present in, associated with, or created by, or that may be extracted from, such natural heat, as determined by the regulations of the Department. See Virginia Code 45.2-2000
• Geothermal system: means any aquifer, pool, reservoir, or other geologic formation containing geothermal resources. See Virginia Code 45.2-2000
• Gob: means the de-stressed zone associated with any full-seam extraction of coal that extends above and below the mined-out coal seam. See Virginia Code 45.2-1600
• Governing instrument: means a trust instrument that creates a business trust and provides for the governance of the affairs of the business trust and the conduct of its business, including, without limitation, a declaration of trust. See Virginia Code 13.1-1201
• governmental: includes the government of this Commonwealth, the government of the United States, and any of their subdivisions, agencies or instrumentalities. See Virginia Code 10.1-500
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Gross estate: means "gross estate" as defined in § 2031 of the United States Internal Revenue Code of 1954, as amended or renumbered, or the successor provision of the laws of the United States. See Virginia Code 58.1-901
• 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
• Hampton Roads region: means the same as that term is defined in § Virginia Code 45.2-1800
• High school equivalency preparation program: means a program of preparation and instruction for adults who did not complete high school, and for youth who have been granted permission by the division superintendent of the school in which they are enrolled, to take a high school equivalency examination approved by the Board of Education. See Virginia Code 30-231.01
• 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 37.2-1100
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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
• inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means the Virginia Gas and Oil Inspector appointed by the Director pursuant to § Virginia Code 45.2-1600
• Intestate: Dying without leaving a will.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• licensed: means a state hospital and a licensed hospital that provides care and treatment for persons with mental illness. See Virginia Code 37.2-100
• Licensed hospital: means a hospital or institution, including a psychiatric unit of a general hospital, that is licensed pursuant to the provisions of this title. See Virginia Code 37.2-100
• Locality: means a county, city or town. See Virginia Code 10.1-500
• Log: includes electrical survey records or electrical survey logs. See Virginia Code 45.2-1600
• 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
• map: means a map, drawing, or print showing the location of a well, mine, or quarry, or other information required under this chapter. See Virginia Code 45.2-1600
• maximum amount: shall be construed as to take full advantage of such credit as the laws of the United States may allow. See Virginia Code 58.1-901
• Member: means a member of the Consortium. See Virginia Code 45.2-2100
• Mental illness: means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others. See Virginia Code 37.2-100
• 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 § 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
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Nonparticipating operator: means a gas or oil owner of a tract that is included in a drilling unit who elects to share in the operation of the well on a carried basis by agreeing to have his proportionate share of the costs allocable to his interest charged against his share of production from the well. 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
• Nonresident: means a decedent who was domiciled outside of the Commonwealth of Virginia at his death. See Virginia Code 58.1-901
• Notary: means notary public. See Virginia Code 1-226
• Offshore wind energy project: means a wind-powered electric energy facility, including tower, turbine, and associated equipment, located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit, and includes interests in land, improvements, and ancillary facilities. See Virginia Code 45.2-1803
• 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
• Operator: means any person engaging in a coal surface mining operation whether or not such coal is sold within the Commonwealth. See Virginia Code 45.2-1000
• Organic law: means the statute governing the internal affairs of a domestic or foreign business trust or other business entity. See Virginia Code 13.1-1201
• 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
• Other business entity: means a domestic or foreign stock corporation, a nonstock corporation, limited liability company, partnership, or limited partnership. See Virginia Code 13.1-1201
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating dealer: means a dealer who is participating in the Program. See Virginia Code 45.2-1726
• Participating operator: means a gas or oil owner who elects to (i) bear a share of the risks and costs of drilling, completing, equipping, operating, plugging, and abandoning a well on a drilling unit and (ii) receive a share of production from the well equal to the proportion that the acreage in the drilling unit he owns or holds under lease bears to the total acreage of the drilling unit. See Virginia Code 45.2-1600
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Permit: means a permit issued by the Director pursuant to state regulations. See Virginia Code 45.2-1000
• Permit area: means the area of land indicated on the approved map submitted by the operator with the operator's application. See Virginia Code 45.2-1000
• 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
• Permittee: means a person holding any of the following permits issued by the Director: (i) a permit for coal surface mining pursuant to § Virginia Code 45.2-1000
• Person: means any individual, firm, corporation, partnership, association, or other legal entity. See Virginia Code 45.2-2108
• Person: means any individual, partnership, association, joint venture, trust, company, firm, joint stock company, corporation, other group or combination acting as a unit, or other legal entity. See Virginia Code 45.2-1000
• Person under a disability: means the same as that term is defined in § Virginia Code 45.2-1600
• Personal estate: includes chattels real and such other estate as, upon the death of the owner intestate, would devolve upon his personal representative. See Virginia Code 1-233
• Personal representative: means the personal representative of the estate of the decedent, appointed, qualified and acting within the Commonwealth, or, if there is no personal representative appointed, qualified and acting within the Commonwealth, then any person in actual or constructive possession of the Virginia gross estate of the decedent. See Virginia Code 58.1-901
• 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 (§ Virginia Code 45.2-1700
• Pool: means an underground accumulation of gas or oil in a single and separate natural reservoir. See Virginia Code 45.2-1600
• 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.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Professional degree program: means an accredited graduate level program of study offered by a Virginia institution of higher education that has been accepted for participation in the Program by the Brown v. See Virginia Code 30-231.01
• Professional limited liability company: means a limited liability company whose articles of organization set forth a sole and specific purpose permitted by this chapter and that is either (i) organized under this chapter for the sole and specific purpose of rendering professional service other than that of architects, professional engineers, land surveyors, or landscape architects, or using a title other than that of certified interior designers and, except as expressly otherwise permitted by this chapter, that has as its members only individuals or professional business entities that are duly licensed or otherwise legally authorized to render the same professional service as the professional limited liability company or (ii) organized under this chapter for the sole and specific purpose of rendering professional service of architects, professional engineers, land surveyors, or landscape architects or using the title of certified interior designers, or any combination thereof, and at least two-thirds of whose membership interests are held by persons duly licensed within the Commonwealth to perform the services of an architect, professional engineer, land surveyor, or landscape architect, or by persons legally authorized within the Commonwealth to use the title of certified interior designer; or (iii) organized under this chapter for the sole and specific purpose of rendering the professional services of one or more practitioners of the healing arts, licensed under the provisions of Chapter 29 of Virginia Code 13.1-1102
• Program: means the Brown v. See Virginia Code 30-231.01
• Program: means the Electric Vehicle Rebate Program established pursuant to this article. See Virginia Code 45.2-1726
• Program: means the Low-to-Moderate Income Solar Loan and Rebate Pilot Program created pursuant to § Virginia Code 45.2-1912
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purchase: means the purchase or lease of a new or used electric motor vehicle. See Virginia Code 45.2-1726
• Qualifying project: means the same as that term is defined in the Public-Private Education Facilities and Infrastructure Act of 2002. See Virginia Code 30-278
• Rappahannock River Basin: means that land area designated as the Rappahannock River Basin by the State Water Control Board pursuant to § Virginia Code 62.1-69.25
• Refund: means any individual's Virginia state or local income tax refund payable pursuant to § Virginia Code 58.1-520
• Resident: means a decedent who was domiciled in the Commonwealth of Virginia at his death. See Virginia Code 58.1-901
• Respondent: means the person who is subject of a petition filed under this chapter. See Virginia Code 37.2-900
• Responsible public entity: means a public entity that is an agency or institution of the Commonwealth and that has the power to develop or operate a qualifying project. See Virginia Code 30-278
• 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
• 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
• Rivanna River Basin: means that land area designated as the Rivanna River Basin by the State Water Control Board pursuant to § Virginia Code 62.1-69.45
• Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. See Virginia Code 46.2-100
• Roanoke River Basin: means that land area designated as the Roanoke River Basin by the Virginia State Water Control Board, pursuant to § Virginia Code 62.1-69.36
• 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
• School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § Virginia Code 46.2-100
• Secretary: means the U. See Virginia Code 45.2-1000
• 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
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexually violent offense: means a felony under (i) former § 18-54, former § 18. See Virginia Code 37.2-900
• Shared-use path: means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. See Virginia Code 46.2-100
• 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
• soil and water conservation district: means a political subdivision of this Commonwealth organized in accordance with the provisions of this chapter. See Virginia Code 10.1-500
• Solar energy project: means an electric generation facility located within the Commonwealth and includes interests in land, improvements, and ancillary facilities. See Virginia Code 45.2-1901
• Southwest Virginia: means the region of the Commonwealth designated as Southwest Virginia in § Virginia Code 45.2-1717
• Special justice: means a person appointed by a chief judge of a judicial circuit for the purpose of performing the duties of a judge pursuant to § Virginia Code 37.2-100
• State: means any state, territory or possession of the United States and the District of Columbia. See Virginia Code 58.1-901
• state agency: means the same as that term is defined in § Virginia Code 1-206
• State regulations: means the permanent state regulatory program established by this chapter meeting the requirements of the federal act for the regulation of coal surface mining and reclamation operations within the Commonwealth, submitted to the Secretary pursuant to § 503 of the federal act. See Virginia Code 45.2-1000
• 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
• Stimulation: means any action taken by a gas or oil operator to increase the inherent productivity of a gas or oil well, including fracturing, shooting, or acidizing, but excluding (i) cleaning out, bailing, or workover operations and (ii) the use of surface-tension reducing agents, emulsion breakers, paraffin solvents, or other agents that affect the gas or oil being produced, as distinguished from the producing formation. See Virginia Code 45.2-1600
• Storage well: means any well used for the underground storage of gas. See Virginia Code 45.2-1600
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
• Surface owner: means any person who is the owner of record of the surface of the land. See Virginia Code 45.2-1600
• 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
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Taxable estate: means "taxable estate" as defined in § 2051 of the United States Internal Revenue Code of 1954, as amended or renumbered, or the successor provision of the laws of the United States. See Virginia Code 58.1-901
• Testate: To die leaving a will.
• 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
• Toy vehicle: means any motorized or propellant-driven device that has no manufacturer-issued vehicle identification number that is designed or used to carry any person or persons, on any number of wheels, bearings, glides, blades, runners, or a cushion of air. See Virginia Code 46.2-100
• 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 § 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
• Training center: means a facility operated by the Department that provides training, habilitation, or other individually focused supports to persons with intellectual disability. See Virginia Code 37.2-100
• Treatment: includes the provision, withholding, or withdrawal of a specific treatment or course of treatment upon a showing that the requirements of subsection G of § Virginia Code 37.2-1100
• 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
• Trust: includes a common law trust, business trust, and foreign business trust. See Virginia Code 13.1-1201
• Trustee: means a person appointed as a trustee in accordance with the governing instrument of a business trust. See Virginia Code 13.1-1201
• United States: includes any district, authority, bureau, commission, department, or other agency of the United States. See Virginia Code 13.1-1201
• Usable quality water: means groundwater that is used or can be used for a beneficial purpose, including a domestic, livestock, or irrigation use. See Virginia Code 45.2-2108
• 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
• Value: means "value" as finally determined for federal estate tax purposes under the laws of the United States relating to federal estate taxes. See Virginia Code 58.1-901
• 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.
• warehouseman: as used in this chapter means any person, firm or corporation engaged in the business of selling leaf tobacco at auction, for a commission or for any other consideration. See Virginia Code 61.1-53
• Water: includes all waters, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction and which affect the public welfare. See Virginia Code 62.1-10
• 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
• Watercraft transporter: means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport watercraft on their power unit, designed and used exclusively for the transportation of watercraft. See Virginia Code 46.2-100
• waters of the Commonwealth: as used in this chapter shall mean: (a) Any stream or that portion of any stream in this Commonwealth which prior to June 21, 1932, has been declared navigable by any unrepealed statute of this Commonwealth, or (b) any stream or that portion of any stream in this Commonwealth, the bed of which is owned by the Commonwealth, or (c) those parts of streams or other bodies of water in this Commonwealth which either in their natural or improved condition, notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids, compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows or rapids, and also any stream or part thereof in this Commonwealth other than those above mentioned in this subdivision in which the construction of any dam or works as authorized by this chapter would affect the interests of interstate or foreign commerce, or (d) that portion of any river or stream flowing between the high-water mark on the Virginia shore and the low-water mark when such low-water mark constitutes the boundary line between Virginia and another state. See Virginia Code 62.1-81
• 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