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 transportation facility is located and any otherresponsible public entity directly affected by the qualifying transportationfacility.
"Asset management" means a systematic process of operating and maintainingthe state system of highways by combining engineering practices and analyseswith sound business practices and economic theory to achieve cost-effectiveoutcomes.
"Commission" means the State Corporation Commission.
"Comprehensive agreement" means the comprehensive agreement between theprivate entity and the responsible public entity required by § 56-566 of thischapter.
"Concession" means any lease, license, franchise, easement, or otherbinding agreement transferring rights for the use or control, in whole or inpart, of a qualifying transportation facility by a responsible public entityto a private entity for a definite term during which the private entity willprovide transportation-related services including, but not limited to,operations and maintenance, revenue collection, toll-collection enforcement,design, construction, and other activities that enhance throughput, reducecongestion, or otherwise manage the facility in return for the right toreceive all or a portion of the revenues of the qualifying transportationfacility.
"Concession payment" means a payment from a private entity to a responsiblepublic entity in connection with the development and/or operation of aqualifying transportation facility pursuant to a concession.
"Develop" or "development" means to plan, design, develop, finance,lease, acquire, install, construct, or expand.
"Interim agreement" means an agreement, including a memorandum ofunderstanding or binding preliminary agreement, between the private entityand the responsible public entity that provides for completion of studies andany other activities to advance the development and/or operation of aqualifying transportation facility.
"Maintenance" means that term as defined in § 33.1-23.02.
"Material default" means any default by the private entity in theperformance of its duties under subsection E of § 56-565 of this chapter thatjeopardizes adequate service to the public from a qualifying transportationfacility and remains unremedied after the responsible public entity hasprovided notice to the private entity and a reasonable cure period haselapsed.
"Multimodal transportation facility" means a transportation facilityconsisting of multiple modes of transportation.
"Operate" or "operation" means to finance, maintain, improve, equip,modify, repair, or operate.
"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 any of theforegoing, but shall not include any public service company.
"Qualifying transportation facility" means one or more transportationfacilities developed and/or operated by a private entity pursuant to thischapter.
"Responsible public entity" means a public entity, including localgovernments and regional authorities, that has the power to develop and/oroperate the qualifying transportation facility.
"Revenues" means all revenues, including, but not limited to, income,earnings, user fees, lease payments, allocations, federal, state, regional,and local appropriations or the appropriations or other funds available toany political subdivision, authority, or instrumentality thereof, bondproceeds, equity investments, and/or service payments arising out of or inconnection with supporting the development and/or operation of a qualifyingtransportation facility, including without limitation, money received asgrants or otherwise from the United States of America, from any publicentity, or from any agency or instrumentality of the foregoing in aid of suchfacility.
"Service contract" means a contract entered into between a public entityand the private entity pursuant to § 56-561 of this chapter.
"Service payments" means payments to the private entity in connection withthe development and/or operation of a qualifying transportation facilitypursuant to a service contract.
"State" means the Commonwealth of Virginia.
"Transportation facility" means any road, bridge, tunnel, overpass, ferry,airport, mass transit facility, vehicle parking facility, port facility orsimilar commercial facility used for the transportation of persons or goods,together with any buildings, structures, parking areas, appurtenances, andother property needed to operate such facility; however, a commercial orretail use or enterprise not essential to the transportation of persons orgoods shall not be a "transportation facility."
"User fees" mean the rates, tolls, fees, or other charges imposed by theprivate entity for use of all or a portion of a qualifying transportationfacility pursuant to the interim or comprehensive agreement.
(1994, c. 855; 1995, c. 647; 2001, c. 286; 2002, cc. 570, 593; 2005, cc. 504,562; 2006, c. 922.)
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 transportation facility is located and any otherresponsible public entity directly affected by the qualifying transportationfacility.
"Asset management" means a systematic process of operating and maintainingthe state system of highways by combining engineering practices and analyseswith sound business practices and economic theory to achieve cost-effectiveoutcomes.
"Commission" means the State Corporation Commission.
"Comprehensive agreement" means the comprehensive agreement between theprivate entity and the responsible public entity required by § 56-566 of thischapter.
"Concession" means any lease, license, franchise, easement, or otherbinding agreement transferring rights for the use or control, in whole or inpart, of a qualifying transportation facility by a responsible public entityto a private entity for a definite term during which the private entity willprovide transportation-related services including, but not limited to,operations and maintenance, revenue collection, toll-collection enforcement,design, construction, and other activities that enhance throughput, reducecongestion, or otherwise manage the facility in return for the right toreceive all or a portion of the revenues of the qualifying transportationfacility.
"Concession payment" means a payment from a private entity to a responsiblepublic entity in connection with the development and/or operation of aqualifying transportation facility pursuant to a concession.
"Develop" or "development" means to plan, design, develop, finance,lease, acquire, install, construct, or expand.
"Interim agreement" means an agreement, including a memorandum ofunderstanding or binding preliminary agreement, between the private entityand the responsible public entity that provides for completion of studies andany other activities to advance the development and/or operation of aqualifying transportation facility.
"Maintenance" means that term as defined in § 33.1-23.02.
"Material default" means any default by the private entity in theperformance of its duties under subsection E of § 56-565 of this chapter thatjeopardizes adequate service to the public from a qualifying transportationfacility and remains unremedied after the responsible public entity hasprovided notice to the private entity and a reasonable cure period haselapsed.
"Multimodal transportation facility" means a transportation facilityconsisting of multiple modes of transportation.
"Operate" or "operation" means to finance, maintain, improve, equip,modify, repair, or operate.
"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 any of theforegoing, but shall not include any public service company.
"Qualifying transportation facility" means one or more transportationfacilities developed and/or operated by a private entity pursuant to thischapter.
"Responsible public entity" means a public entity, including localgovernments and regional authorities, that has the power to develop and/oroperate the qualifying transportation facility.
"Revenues" means all revenues, including, but not limited to, income,earnings, user fees, lease payments, allocations, federal, state, regional,and local appropriations or the appropriations or other funds available toany political subdivision, authority, or instrumentality thereof, bondproceeds, equity investments, and/or service payments arising out of or inconnection with supporting the development and/or operation of a qualifyingtransportation facility, including without limitation, money received asgrants or otherwise from the United States of America, from any publicentity, or from any agency or instrumentality of the foregoing in aid of suchfacility.
"Service contract" means a contract entered into between a public entityand the private entity pursuant to § 56-561 of this chapter.
"Service payments" means payments to the private entity in connection withthe development and/or operation of a qualifying transportation facilitypursuant to a service contract.
"State" means the Commonwealth of Virginia.
"Transportation facility" means any road, bridge, tunnel, overpass, ferry,airport, mass transit facility, vehicle parking facility, port facility orsimilar commercial facility used for the transportation of persons or goods,together with any buildings, structures, parking areas, appurtenances, andother property needed to operate such facility; however, a commercial orretail use or enterprise not essential to the transportation of persons orgoods shall not be a "transportation facility."
"User fees" mean the rates, tolls, fees, or other charges imposed by theprivate entity for use of all or a portion of a qualifying transportationfacility pursuant to the interim or comprehensive agreement.
(1994, c. 855; 1995, c. 647; 2001, c. 286; 2002, cc. 570, 593; 2005, cc. 504,562; 2006, c. 922.)
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 transportation facility is located and any otherresponsible public entity directly affected by the qualifying transportationfacility.
"Asset management" means a systematic process of operating and maintainingthe state system of highways by combining engineering practices and analyseswith sound business practices and economic theory to achieve cost-effectiveoutcomes.
"Commission" means the State Corporation Commission.
"Comprehensive agreement" means the comprehensive agreement between theprivate entity and the responsible public entity required by § 56-566 of thischapter.
"Concession" means any lease, license, franchise, easement, or otherbinding agreement transferring rights for the use or control, in whole or inpart, of a qualifying transportation facility by a responsible public entityto a private entity for a definite term during which the private entity willprovide transportation-related services including, but not limited to,operations and maintenance, revenue collection, toll-collection enforcement,design, construction, and other activities that enhance throughput, reducecongestion, or otherwise manage the facility in return for the right toreceive all or a portion of the revenues of the qualifying transportationfacility.
"Concession payment" means a payment from a private entity to a responsiblepublic entity in connection with the development and/or operation of aqualifying transportation facility pursuant to a concession.
"Develop" or "development" means to plan, design, develop, finance,lease, acquire, install, construct, or expand.
"Interim agreement" means an agreement, including a memorandum ofunderstanding or binding preliminary agreement, between the private entityand the responsible public entity that provides for completion of studies andany other activities to advance the development and/or operation of aqualifying transportation facility.
"Maintenance" means that term as defined in § 33.1-23.02.
"Material default" means any default by the private entity in theperformance of its duties under subsection E of § 56-565 of this chapter thatjeopardizes adequate service to the public from a qualifying transportationfacility and remains unremedied after the responsible public entity hasprovided notice to the private entity and a reasonable cure period haselapsed.
"Multimodal transportation facility" means a transportation facilityconsisting of multiple modes of transportation.
"Operate" or "operation" means to finance, maintain, improve, equip,modify, repair, or operate.
"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 any of theforegoing, but shall not include any public service company.
"Qualifying transportation facility" means one or more transportationfacilities developed and/or operated by a private entity pursuant to thischapter.
"Responsible public entity" means a public entity, including localgovernments and regional authorities, that has the power to develop and/oroperate the qualifying transportation facility.
"Revenues" means all revenues, including, but not limited to, income,earnings, user fees, lease payments, allocations, federal, state, regional,and local appropriations or the appropriations or other funds available toany political subdivision, authority, or instrumentality thereof, bondproceeds, equity investments, and/or service payments arising out of or inconnection with supporting the development and/or operation of a qualifyingtransportation facility, including without limitation, money received asgrants or otherwise from the United States of America, from any publicentity, or from any agency or instrumentality of the foregoing in aid of suchfacility.
"Service contract" means a contract entered into between a public entityand the private entity pursuant to § 56-561 of this chapter.
"Service payments" means payments to the private entity in connection withthe development and/or operation of a qualifying transportation facilitypursuant to a service contract.
"State" means the Commonwealth of Virginia.
"Transportation facility" means any road, bridge, tunnel, overpass, ferry,airport, mass transit facility, vehicle parking facility, port facility orsimilar commercial facility used for the transportation of persons or goods,together with any buildings, structures, parking areas, appurtenances, andother property needed to operate such facility; however, a commercial orretail use or enterprise not essential to the transportation of persons orgoods shall not be a "transportation facility."
"User fees" mean the rates, tolls, fees, or other charges imposed by theprivate entity for use of all or a portion of a qualifying transportationfacility pursuant to the interim or comprehensive agreement.
(1994, c. 855; 1995, c. 647; 2001, c. 286; 2002, cc. 570, 593; 2005, cc. 504,562; 2006, c. 922.)
