{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/10.1-1331.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/10.1-1331.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/10.1-1331.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/10.1-1331.html"}],"law_id":345626,"edition_id":2,"section_id":345626,"structure_id":49629,"section_number":"10.1-1331","catch_line":"Energy conversion or energy tolling agreements","history":"2020, cc. 1219, 1280.","full_text":"If the Governor seeks to include the Commonwealth as a full participant in RGGI or another carbon trading program with an open auction of allowances, or if the Department implements the final carbon trading regulation as approved by the Board on April 19, 2019, (the Final Regulation) in order to establish a carbon dioxide cap and trade program that limits and reduces the total carbon dioxide emissions released by certain electric generation facilities and that complies with the RGGI model rule, then (i) the definition of the term “life-of-the-unit contractual arrangement” under the Final Regulation shall include any energy conversion or energy tolling agreement that has a primary term of 20 years or more and pursuant to which the purchaser is required to deliver fuel to the CO2 budget source or CO2 budget unit and is entitled to receive all of the nameplate capacity and associated energy generated by such source or unit for the entire contractual period and (ii) any purchaser under an energy conversion or energy tolling agreement shall be responsible for acquiring any CO2 allowances required under the Final Regulation in relation to a CO2 budget source or CO2 budget unit that is subject to such agreement.\n\n","order_by":null,"text":{"0":{"id":1288575,"text":"If the Governor seeks to include the Commonwealth as a full participant in RGGI or another carbon trading program with an open auction of allowances, or if the Department implements the final carbon trading regulation as approved by the Board on April 19, 2019, (the Final Regulation) in order to establish a carbon dioxide cap and trade program that limits and reduces the total carbon dioxide emissions released by certain electric generation facilities and that complies with the RGGI model rule, then (i) the definition of the term “life-of-the-unit contractual arrangement” under the Final Regulation shall include any energy conversion or energy tolling agreement that has a primary term of 20 years or more and pursuant to which the purchaser is required to deliver fuel to the CO2 budget source or CO2 budget unit and is entitled to receive all of the nameplate capacity and associated energy generated by such source or unit for the entire contractual period and (ii) any purchaser under an energy conversion or energy tolling agreement shall be responsible for acquiring any CO2 allowances required under the Final Regulation in relation to a CO2 budget source or CO2 budget unit that is subject to such agreement.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":49629,"edition_id":2,"name":"Clean Energy and Community Flood Preparedness Act","identifier":"4","label":"article","depth":4,"order_by":2,"parent_id":49625,"metadata":{"child_laws":3,"child_structures":0},"date_created":"2026-08-02 02:12:35","date_modified":"2026-08-02 12:28:55","permalink":{"id":1372865,"object_type":"structure","relational_id":49629,"identifier":"4","token":"10.1\/II\/13\/4","url":"\/10.1\/II\/13\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49625,"edition_id":2,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":7,"parent_id":49595,"metadata":{"child_laws":56,"child_structures":5},"date_created":"2026-08-02 02:12:29","date_modified":"2026-08-02 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Preparedness","url":"\/10.1-1330\/","token":"10.1\/II\/13\/4\/10.1-1330","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1331\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1219<\/a> and 1280<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1372875,"object_type":"law","relational_id":345626,"identifier":"10.1-1331","token":"10.1\/II\/13\/4\/10.1-1331","url":"\/10.1-1331\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/10.1-1331\/","token":"10.1\/II\/13\/4\/10.1-1331","dublin_core":{"Title":"Energy conversion or energy tolling agreements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1331","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the Governor seeks to include the Commonwealth as a full participant in RGGI<\/span> or another carbon trading program with an open auction of allowances<\/span>, or if the Department<\/span> implements the final carbon trading regulation as approved by the Board<\/span> on April 19, 2019, (the Final Regulation) in order<\/span> to establish a carbon dioxide cap and trade program that limits and reduces the total carbon dioxide emissions released by certain electric generation facilities and that complies with the RGGI<\/span> model rule, then (i) the definition of the term “life-of-the-unit contractual arrangement” under the Final Regulation shall include any energy conversion or energy tolling agreement that has a primary term of 20 years or more and pursuant to which the purchaser is required to deliver fuel to the CO2 budget source or CO2 budget unit and is entitled to receive all of the nameplate capacity and associated energy generated by such source or unit for the entire contractual period and (ii) any purchaser under an energy conversion or energy tolling agreement shall be responsible for acquiring any CO2 allowances<\/span> required under the Final Regulation in relation to a CO2 budget source or CO2 budget unit that is subject to such agreement.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENERGY CONVERSION OR ENERGY TOLLING AGREEMENTS (\u00a7 10.1-1331)\n\nIf the Governor seeks to include the Commonwealth as a full participant in RGGI\nor another carbon trading program with an open auction of allowances, or if the\nDepartment implements the final carbon trading regulation as approved by the\nBoard on April 19, 2019, (the Final Regulation) in order to establish a carbon\ndioxide cap and trade program that limits and reduces the total carbon dioxide\nemissions released by certain electric generation facilities and that complies\nwith the RGGI model rule, then (i) the definition of the term\n“life-of-the-unit contractual arrangement” under the Final\nRegulation shall include any energy conversion or energy tolling agreement that\nhas a primary term of 20 years or more and pursuant to which the purchaser is\nrequired to deliver fuel to the CO2 budget source or CO2 budget unit and is\nentitled to receive all of the nameplate capacity and associated energy\ngenerated by such source or unit for the entire contractual period and (ii) any\npurchaser under an energy conversion or energy tolling agreement shall be\nresponsible for acquiring any CO2 allowances required under the Final Regulation\nin relation to a CO2 budget source or CO2 budget unit that is subject to such\nagreement.\n\nHISTORY: 2020, cc. 1219, 1280.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}