As used in this chapter, unless the context requires a different meaning:
"Affected jurisdiction" means any county, city or town in which all or aportion of a qualifying project is located.
"Appropriating body" means the body responsible for appropriating orauthorizing funding to pay for a qualifying project.
"Commission" means the State Corporation Commission.
"Comprehensive agreement" means the comprehensive agreement between theprivate entity and the responsible public entity required by § 56-575.9.
"Develop" or "development" means to plan, design, develop, finance,lease, acquire, install, construct, or expand.
"Interim agreement" means an agreement between a private entity and aresponsible public entity that provides for phasing of the development oroperation, or both, of a qualifying project. Such phases may include, but arenot limited to, design, planning, engineering, environmental analysis andmitigation, financial and revenue analysis, or any other phase of the projectthat constitutes activity on any part of the qualifying project.
"Lease payment" means any form of payment, including a land lease, by apublic entity to the private entity for the use of a qualifying project.
"Material default" means any default by the private entity in theperformance of its duties under subsection E of § 56-575.8 that jeopardizesadequate service to the public from a qualifying project.
"Operate" means to finance, maintain, improve, equip, modify, repair, oroperate.
"Private entity" means any natural person, corporation, generalpartnership, limited liability company, limited partnership, joint venture,business trust, public benefit corporation, non-profit entity, or otherbusiness entity.
"Public entity" means the Commonwealth and any agency or authority thereof,any county, city or town and any other political subdivision of theCommonwealth, any public body politic and corporate, or any regional entitythat serves a public purpose.
"Qualifying project" means (i) any education facility, including, but notlimited to a school building, any functionally related and subordinatefacility and land to a school building (including any stadium or otherfacility primarily used for school events), and any depreciable propertyprovided for use in a school facility that is operated as part of the publicschool system or as an institution of higher education; (ii) any building orfacility that meets a public purpose and is developed or operated by or forany public entity; (iii) any improvements, together with equipment, necessaryto enhance public safety and security of buildings to be principally used bya public entity; (iv) utility and telecommunications and other communicationsinfrastructure; (v) a recreational facility; (vi) technology infrastructure,services, and applications, including, but not limited to,telecommunications, automated data processing, word processing and managementinformation systems, and related information, equipment, goods and services;(vii) any services designed to increase the productivity or efficiency of theresponsible public entity through the use of technology or other means,(viii) any technology, equipment, or infrastructure designed to deploywireless broadband services to schools, businesses, or residential areas;(ix) any improvements necessary or desirable to any unimproved locally- orstate-owned real estate; or (x) any solid waste management facility asdefined in § 10.1-1400 that produces electric energy derived from solid waste.
"Responsible public entity" means a public entity that has the power todevelop or operate the applicable qualifying project.
"Revenues" means all revenues, income, earnings, user fees, lease payments,or other service payments arising out of or in connection with supporting thedevelopment or operation of a qualifying project, including withoutlimitation, money received as grants or otherwise from the United States ofAmerica, from any public entity, or from any agency or instrumentality of theforegoing in aid of such facility.
"Service contract" means a contract entered into between a public entityand the private entity pursuant to § 56-575.5.
"Service payments" means payments to the private entity of a qualifyingproject pursuant to a service contract.
"State" means the Commonwealth of Virginia.
"User fees" mean the rates, fees or other charges imposed by the privateentity of a qualifying project for use of all or a portion of such qualifyingproject pursuant to the comprehensive agreement pursuant to § 56-575.9.
(2002, c. 571; 2003, c. 1034; 2005, cc. 618, 865; 2007, cc. 649, 764; 2008,cc. 273, 731; 2009, cc. 754, 762.)
As used in this chapter, unless the context requires a different meaning:
"Affected jurisdiction" means any county, city or town in which all or aportion of a qualifying project is located.
"Appropriating body" means the body responsible for appropriating orauthorizing funding to pay for a qualifying project.
"Commission" means the State Corporation Commission.
"Comprehensive agreement" means the comprehensive agreement between theprivate entity and the responsible public entity required by § 56-575.9.
"Develop" or "development" means to plan, design, develop, finance,lease, acquire, install, construct, or expand.
"Interim agreement" means an agreement between a private entity and aresponsible public entity that provides for phasing of the development oroperation, or both, of a qualifying project. Such phases may include, but arenot limited to, design, planning, engineering, environmental analysis andmitigation, financial and revenue analysis, or any other phase of the projectthat constitutes activity on any part of the qualifying project.
"Lease payment" means any form of payment, including a land lease, by apublic entity to the private entity for the use of a qualifying project.
"Material default" means any default by the private entity in theperformance of its duties under subsection E of § 56-575.8 that jeopardizesadequate service to the public from a qualifying project.
"Operate" means to finance, maintain, improve, equip, modify, repair, oroperate.
"Private entity" means any natural person, corporation, generalpartnership, limited liability company, limited partnership, joint venture,business trust, public benefit corporation, non-profit entity, or otherbusiness entity.
"Public entity" means the Commonwealth and any agency or authority thereof,any county, city or town and any other political subdivision of theCommonwealth, any public body politic and corporate, or any regional entitythat serves a public purpose.
"Qualifying project" means (i) any education facility, including, but notlimited to a school building, any functionally related and subordinatefacility and land to a school building (including any stadium or otherfacility primarily used for school events), and any depreciable propertyprovided for use in a school facility that is operated as part of the publicschool system or as an institution of higher education; (ii) any building orfacility that meets a public purpose and is developed or operated by or forany public entity; (iii) any improvements, together with equipment, necessaryto enhance public safety and security of buildings to be principally used bya public entity; (iv) utility and telecommunications and other communicationsinfrastructure; (v) a recreational facility; (vi) technology infrastructure,services, and applications, including, but not limited to,telecommunications, automated data processing, word processing and managementinformation systems, and related information, equipment, goods and services;(vii) any services designed to increase the productivity or efficiency of theresponsible public entity through the use of technology or other means,(viii) any technology, equipment, or infrastructure designed to deploywireless broadband services to schools, businesses, or residential areas;(ix) any improvements necessary or desirable to any unimproved locally- orstate-owned real estate; or (x) any solid waste management facility asdefined in § 10.1-1400 that produces electric energy derived from solid waste.
"Responsible public entity" means a public entity that has the power todevelop or operate the applicable qualifying project.
"Revenues" means all revenues, income, earnings, user fees, lease payments,or other service payments arising out of or in connection with supporting thedevelopment or operation of a qualifying project, including withoutlimitation, money received as grants or otherwise from the United States ofAmerica, from any public entity, or from any agency or instrumentality of theforegoing in aid of such facility.
"Service contract" means a contract entered into between a public entityand the private entity pursuant to § 56-575.5.
"Service payments" means payments to the private entity of a qualifyingproject pursuant to a service contract.
"State" means the Commonwealth of Virginia.
"User fees" mean the rates, fees or other charges imposed by the privateentity of a qualifying project for use of all or a portion of such qualifyingproject pursuant to the comprehensive agreement pursuant to § 56-575.9.
(2002, c. 571; 2003, c. 1034; 2005, cc. 618, 865; 2007, cc. 649, 764; 2008,cc. 273, 731; 2009, cc. 754, 762.)
As used in this chapter, unless the context requires a different meaning:
"Affected jurisdiction" means any county, city or town in which all or aportion of a qualifying project is located.
"Appropriating body" means the body responsible for appropriating orauthorizing funding to pay for a qualifying project.
"Commission" means the State Corporation Commission.
"Comprehensive agreement" means the comprehensive agreement between theprivate entity and the responsible public entity required by § 56-575.9.
"Develop" or "development" means to plan, design, develop, finance,lease, acquire, install, construct, or expand.
"Interim agreement" means an agreement between a private entity and aresponsible public entity that provides for phasing of the development oroperation, or both, of a qualifying project. Such phases may include, but arenot limited to, design, planning, engineering, environmental analysis andmitigation, financial and revenue analysis, or any other phase of the projectthat constitutes activity on any part of the qualifying project.
"Lease payment" means any form of payment, including a land lease, by apublic entity to the private entity for the use of a qualifying project.
"Material default" means any default by the private entity in theperformance of its duties under subsection E of § 56-575.8 that jeopardizesadequate service to the public from a qualifying project.
"Operate" means to finance, maintain, improve, equip, modify, repair, oroperate.
"Private entity" means any natural person, corporation, generalpartnership, limited liability company, limited partnership, joint venture,business trust, public benefit corporation, non-profit entity, or otherbusiness entity.
"Public entity" means the Commonwealth and any agency or authority thereof,any county, city or town and any other political subdivision of theCommonwealth, any public body politic and corporate, or any regional entitythat serves a public purpose.
"Qualifying project" means (i) any education facility, including, but notlimited to a school building, any functionally related and subordinatefacility and land to a school building (including any stadium or otherfacility primarily used for school events), and any depreciable propertyprovided for use in a school facility that is operated as part of the publicschool system or as an institution of higher education; (ii) any building orfacility that meets a public purpose and is developed or operated by or forany public entity; (iii) any improvements, together with equipment, necessaryto enhance public safety and security of buildings to be principally used bya public entity; (iv) utility and telecommunications and other communicationsinfrastructure; (v) a recreational facility; (vi) technology infrastructure,services, and applications, including, but not limited to,telecommunications, automated data processing, word processing and managementinformation systems, and related information, equipment, goods and services;(vii) any services designed to increase the productivity or efficiency of theresponsible public entity through the use of technology or other means,(viii) any technology, equipment, or infrastructure designed to deploywireless broadband services to schools, businesses, or residential areas;(ix) any improvements necessary or desirable to any unimproved locally- orstate-owned real estate; or (x) any solid waste management facility asdefined in § 10.1-1400 that produces electric energy derived from solid waste.
"Responsible public entity" means a public entity that has the power todevelop or operate the applicable qualifying project.
"Revenues" means all revenues, income, earnings, user fees, lease payments,or other service payments arising out of or in connection with supporting thedevelopment or operation of a qualifying project, including withoutlimitation, money received as grants or otherwise from the United States ofAmerica, from any public entity, or from any agency or instrumentality of theforegoing in aid of such facility.
"Service contract" means a contract entered into between a public entityand the private entity pursuant to § 56-575.5.
"Service payments" means payments to the private entity of a qualifyingproject pursuant to a service contract.
"State" means the Commonwealth of Virginia.
"User fees" mean the rates, fees or other charges imposed by the privateentity of a qualifying project for use of all or a portion of such qualifyingproject pursuant to the comprehensive agreement pursuant to § 56-575.9.
(2002, c. 571; 2003, c. 1034; 2005, cc. 618, 865; 2007, cc. 649, 764; 2008,cc. 273, 731; 2009, cc. 754, 762.)
