§ 56-575.4. Approval of qualifying projects by the responsible public entity.
A. A private entity may request approval of a qualifying project by theresponsible public entity. Any such request shall be accompanied by thefollowing material and information unless waived by the responsible publicentity:
1. A topographic map (1:2,000 or other appropriate scale) indicating thelocation of the qualifying project;
2. A description of the qualifying project, including the conceptual designof such facility or facilities or a conceptual plan for the provision ofservices or technology infrastructure, and a schedule for the initiation ofand completion of the qualifying project to include the proposed majorresponsibilities and timeline for activities to be performed by both thepublic and private entity;
3. A statement setting forth the method by which the private entity proposesto secure necessary property interests required for the qualifying project;
4. Information relating to the current plans for development of facilities ortechnology infrastructure to be used by a public entity that are similar tothe qualifying project being proposed by the private entity, if any, of eachaffected local jurisdiction;
5. A list of all permits and approvals required for the qualifying projectfrom local, state, or federal agencies and a projected schedule for obtainingsuch permits and approvals;
6. A list of public utility facilities, if any, that will be crossed by thequalifying project and a statement of the plans of the private entity toaccommodate such crossings;
7. A statement setting forth the private entity's general plans for financingthe qualifying project including the sources of the private entity's fundsand identification of any dedicated revenue source or proposed debt or equityinvestment on the behalf of the private entity;
8. The names and addresses of the persons who may be contacted for furtherinformation concerning the request;
9. User fees, lease payments, and other service payments over the term of theinterim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1 andthe methodology and circumstances for changes to such user fees, leasepayments, and other service payments over time; and
10. Such additional material and information as the responsible public entitymay reasonably request.
B. The responsible public entity may request proposals or invite bids fromprivate entities for the development or operation of qualifying projects.
C. The responsible public entity may grant approval of the development oroperation of the education facility, technology infrastructure or otherpublic infrastructure or government facility needed by a public entity as aqualifying project, or the design or equipping of a qualifying project sodeveloped or operated, if the responsible public entity determines that theproject serves the public purpose of this chapter. The responsible publicentity may determine that the development or operation of the qualifyingproject as a qualifying project serves such public purpose if:
1. There is a public need for or benefit derived from the qualifying projectof the type the private entity proposes as a qualifying project;
2. The estimated cost of the qualifying project is reasonable in relation tosimilar facilities; and
3. The private entity's plans will result in the timely development oroperation of the qualifying project.
In evaluating any request, the responsible public entity may rely uponinternal staff reports prepared by personnel familiar with the operation ofsimilar facilities or the advice of outside advisors or consultants havingrelevant experience.
D. The responsible public entity may charge a reasonable fee to cover thecosts of processing, reviewing and evaluating the request, including withoutlimitation, reasonable attorney's fees and fees for financial, technical, andother necessary advisors or consultants.
E. The approval of the responsible public entity shall be subject to theprivate entity's entering into an interim or comprehensive agreement pursuantto § 56-575.9 with the responsible public entity.
F. In connection with its approval of the qualifying project, the responsiblepublic entity shall establish a date for the commencement of activitiesrelated to the qualifying project. The responsible public entity may extendsuch date from time to time.
G. The responsible public entity shall take appropriate action to protectconfidential and proprietary information provided by the private entitypursuant to an agreement under subdivision 11 of § 2.2-3705.6.
H. Nothing in this chapter or in an interim or comprehensive agreemententered into pursuant to this chapter shall be deemed to enlarge, diminish oraffect the authority, if any, otherwise possessed by the responsible publicentity to take action that would impact the debt capacity of the Commonwealth.
I. Prior to entering into the negotiation of an interim or comprehensiveagreement, each responsible public entity that is an agency or institution ofthe Commonwealth shall submit copies of detailed proposals to thePublic-Private Partnership Advisory Commission as provided by Chapter 42 (§30-278 et seq.) of Title 30.
J. Any proposed comprehensive agreement for a qualifying project where theresponsible public entity is an agency or institution of the Commonwealththat (i) creates state tax-supported debt, (ii) requires a level ofappropriation significantly beyond the appropriation received by theresponsible public entity in the most recent appropriation act, or (iii)significantly alters the Commonwealth's discretion to change the level ofservices or the funding for such services over time, shall be reviewed by theappropriating body prior to execution.
(2002, c. 571; 2003, c. 1034; 2004, c. 690; 2005, c. 865; 2007, c. 764.)
§ 56-575.4. Approval of qualifying projects by the responsible public entity.
A. A private entity may request approval of a qualifying project by theresponsible public entity. Any such request shall be accompanied by thefollowing material and information unless waived by the responsible publicentity:
1. A topographic map (1:2,000 or other appropriate scale) indicating thelocation of the qualifying project;
2. A description of the qualifying project, including the conceptual designof such facility or facilities or a conceptual plan for the provision ofservices or technology infrastructure, and a schedule for the initiation ofand completion of the qualifying project to include the proposed majorresponsibilities and timeline for activities to be performed by both thepublic and private entity;
3. A statement setting forth the method by which the private entity proposesto secure necessary property interests required for the qualifying project;
4. Information relating to the current plans for development of facilities ortechnology infrastructure to be used by a public entity that are similar tothe qualifying project being proposed by the private entity, if any, of eachaffected local jurisdiction;
5. A list of all permits and approvals required for the qualifying projectfrom local, state, or federal agencies and a projected schedule for obtainingsuch permits and approvals;
6. A list of public utility facilities, if any, that will be crossed by thequalifying project and a statement of the plans of the private entity toaccommodate such crossings;
7. A statement setting forth the private entity's general plans for financingthe qualifying project including the sources of the private entity's fundsand identification of any dedicated revenue source or proposed debt or equityinvestment on the behalf of the private entity;
8. The names and addresses of the persons who may be contacted for furtherinformation concerning the request;
9. User fees, lease payments, and other service payments over the term of theinterim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1 andthe methodology and circumstances for changes to such user fees, leasepayments, and other service payments over time; and
10. Such additional material and information as the responsible public entitymay reasonably request.
B. The responsible public entity may request proposals or invite bids fromprivate entities for the development or operation of qualifying projects.
C. The responsible public entity may grant approval of the development oroperation of the education facility, technology infrastructure or otherpublic infrastructure or government facility needed by a public entity as aqualifying project, or the design or equipping of a qualifying project sodeveloped or operated, if the responsible public entity determines that theproject serves the public purpose of this chapter. The responsible publicentity may determine that the development or operation of the qualifyingproject as a qualifying project serves such public purpose if:
1. There is a public need for or benefit derived from the qualifying projectof the type the private entity proposes as a qualifying project;
2. The estimated cost of the qualifying project is reasonable in relation tosimilar facilities; and
3. The private entity's plans will result in the timely development oroperation of the qualifying project.
In evaluating any request, the responsible public entity may rely uponinternal staff reports prepared by personnel familiar with the operation ofsimilar facilities or the advice of outside advisors or consultants havingrelevant experience.
D. The responsible public entity may charge a reasonable fee to cover thecosts of processing, reviewing and evaluating the request, including withoutlimitation, reasonable attorney's fees and fees for financial, technical, andother necessary advisors or consultants.
E. The approval of the responsible public entity shall be subject to theprivate entity's entering into an interim or comprehensive agreement pursuantto § 56-575.9 with the responsible public entity.
F. In connection with its approval of the qualifying project, the responsiblepublic entity shall establish a date for the commencement of activitiesrelated to the qualifying project. The responsible public entity may extendsuch date from time to time.
G. The responsible public entity shall take appropriate action to protectconfidential and proprietary information provided by the private entitypursuant to an agreement under subdivision 11 of § 2.2-3705.6.
H. Nothing in this chapter or in an interim or comprehensive agreemententered into pursuant to this chapter shall be deemed to enlarge, diminish oraffect the authority, if any, otherwise possessed by the responsible publicentity to take action that would impact the debt capacity of the Commonwealth.
I. Prior to entering into the negotiation of an interim or comprehensiveagreement, each responsible public entity that is an agency or institution ofthe Commonwealth shall submit copies of detailed proposals to thePublic-Private Partnership Advisory Commission as provided by Chapter 42 (§30-278 et seq.) of Title 30.
J. Any proposed comprehensive agreement for a qualifying project where theresponsible public entity is an agency or institution of the Commonwealththat (i) creates state tax-supported debt, (ii) requires a level ofappropriation significantly beyond the appropriation received by theresponsible public entity in the most recent appropriation act, or (iii)significantly alters the Commonwealth's discretion to change the level ofservices or the funding for such services over time, shall be reviewed by theappropriating body prior to execution.
(2002, c. 571; 2003, c. 1034; 2004, c. 690; 2005, c. 865; 2007, c. 764.)
§ 56-575.4. Approval of qualifying projects by the responsible public entity.
A. A private entity may request approval of a qualifying project by theresponsible public entity. Any such request shall be accompanied by thefollowing material and information unless waived by the responsible publicentity:
1. A topographic map (1:2,000 or other appropriate scale) indicating thelocation of the qualifying project;
2. A description of the qualifying project, including the conceptual designof such facility or facilities or a conceptual plan for the provision ofservices or technology infrastructure, and a schedule for the initiation ofand completion of the qualifying project to include the proposed majorresponsibilities and timeline for activities to be performed by both thepublic and private entity;
3. A statement setting forth the method by which the private entity proposesto secure necessary property interests required for the qualifying project;
4. Information relating to the current plans for development of facilities ortechnology infrastructure to be used by a public entity that are similar tothe qualifying project being proposed by the private entity, if any, of eachaffected local jurisdiction;
5. A list of all permits and approvals required for the qualifying projectfrom local, state, or federal agencies and a projected schedule for obtainingsuch permits and approvals;
6. A list of public utility facilities, if any, that will be crossed by thequalifying project and a statement of the plans of the private entity toaccommodate such crossings;
7. A statement setting forth the private entity's general plans for financingthe qualifying project including the sources of the private entity's fundsand identification of any dedicated revenue source or proposed debt or equityinvestment on the behalf of the private entity;
8. The names and addresses of the persons who may be contacted for furtherinformation concerning the request;
9. User fees, lease payments, and other service payments over the term of theinterim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1 andthe methodology and circumstances for changes to such user fees, leasepayments, and other service payments over time; and
10. Such additional material and information as the responsible public entitymay reasonably request.
B. The responsible public entity may request proposals or invite bids fromprivate entities for the development or operation of qualifying projects.
C. The responsible public entity may grant approval of the development oroperation of the education facility, technology infrastructure or otherpublic infrastructure or government facility needed by a public entity as aqualifying project, or the design or equipping of a qualifying project sodeveloped or operated, if the responsible public entity determines that theproject serves the public purpose of this chapter. The responsible publicentity may determine that the development or operation of the qualifyingproject as a qualifying project serves such public purpose if:
1. There is a public need for or benefit derived from the qualifying projectof the type the private entity proposes as a qualifying project;
2. The estimated cost of the qualifying project is reasonable in relation tosimilar facilities; and
3. The private entity's plans will result in the timely development oroperation of the qualifying project.
In evaluating any request, the responsible public entity may rely uponinternal staff reports prepared by personnel familiar with the operation ofsimilar facilities or the advice of outside advisors or consultants havingrelevant experience.
D. The responsible public entity may charge a reasonable fee to cover thecosts of processing, reviewing and evaluating the request, including withoutlimitation, reasonable attorney's fees and fees for financial, technical, andother necessary advisors or consultants.
E. The approval of the responsible public entity shall be subject to theprivate entity's entering into an interim or comprehensive agreement pursuantto § 56-575.9 with the responsible public entity.
F. In connection with its approval of the qualifying project, the responsiblepublic entity shall establish a date for the commencement of activitiesrelated to the qualifying project. The responsible public entity may extendsuch date from time to time.
G. The responsible public entity shall take appropriate action to protectconfidential and proprietary information provided by the private entitypursuant to an agreement under subdivision 11 of § 2.2-3705.6.
H. Nothing in this chapter or in an interim or comprehensive agreemententered into pursuant to this chapter shall be deemed to enlarge, diminish oraffect the authority, if any, otherwise possessed by the responsible publicentity to take action that would impact the debt capacity of the Commonwealth.
I. Prior to entering into the negotiation of an interim or comprehensiveagreement, each responsible public entity that is an agency or institution ofthe Commonwealth shall submit copies of detailed proposals to thePublic-Private Partnership Advisory Commission as provided by Chapter 42 (§30-278 et seq.) of Title 30.
J. Any proposed comprehensive agreement for a qualifying project where theresponsible public entity is an agency or institution of the Commonwealththat (i) creates state tax-supported debt, (ii) requires a level ofappropriation significantly beyond the appropriation received by theresponsible public entity in the most recent appropriation act, or (iii)significantly alters the Commonwealth's discretion to change the level ofservices or the funding for such services over time, shall be reviewed by theappropriating body prior to execution.
(2002, c. 571; 2003, c. 1034; 2004, c. 690; 2005, c. 865; 2007, c. 764.)
