§ 56-560. Approval by the responsible public entity.
A. The private entity may request approval by the responsible public entity.Any such request shall be accompanied by the following material andinformation unless waived by the responsible public entity in its guidelinesor other instructions given, in writing, to the private entity with respectto the transportation facility or facilities that the private entity proposesto develop and/or operate as a qualifying transportation facility:
1. A topographic map (1:2,000 or other appropriate scale) indicating thelocation of the transportation facility or facilities;
2. A description of the transportation facility or facilities, including theconceptual design of such facility or facilities and all proposedinterconnections with other transportation facilities;
3. The proposed date for development and/or operation of the transportationfacility or facilities along with an estimate of the life-cycle cost of thetransportation facility as proposed;
4. A statement setting forth the method by which the private entity proposesto secure any property interests required for the transportation facility orfacilities;
5. Information relating to the current transportation plans, if any, of eachaffected jurisdiction;
6. A list of all permits and approvals required for developing and/oroperating improvements to the transportation facility or facilities fromlocal, state, or federal agencies and a projected schedule for obtaining suchpermits and approvals;
7. A list of public utility facilities, if any, that will be crossed by thetransportation facility or facilities and a statement of the plans of theprivate entity to accommodate such crossings;
8. A statement setting forth the private entity's general plans fordeveloping and/or operating the transportation facility or facilities,including identification of any revenue, public or private, or proposed debtor equity investment or concession proposed by the private entity;
9. The names and addresses of the persons who may be contacted for furtherinformation concerning the request;
10. Information on how the private entity's proposal will address the needsidentified in the appropriate state, regional, or local transportation planby improving safety, reducing congestion, increasing capacity, and/orenhancing economic efficiency; and
11. Such additional material and information as the responsible public entitymay reasonably request pursuant to its guidelines or other writteninstructions.
B. The responsible public entity may request proposals from private entitiesfor the development and/or operation of transportation facilities. Theresponsible public entity shall not charge a fee to cover the costs ofprocessing, reviewing, and evaluating proposals received in response to suchrequests.
C. The responsible public entity may grant approval of the development and/oroperation of the transportation facility or facilities as a qualifyingtransportation facility if the responsible public entity determines that itserves the public purpose of this chapter. The responsible public entity maydetermine that the development and/or operation of the transportationfacility or facilities as a qualifying transportation facility serves suchpublic purpose if:
1. There is a public need for the transportation facility or facilities theprivate entity proposes to develop and/or operate as a qualifyingtransportation facility;
2. The transportation facility or facilities and the proposedinterconnections with existing transportation facilities, and the privateentity's plans for development and/or operation of the qualifyingtransportation facility or facilities, are, in the opinion of the responsiblepublic entity, reasonable and will address the needs identified in theappropriate state, regional, or local transportation plan by improvingsafety, reducing congestion, increasing capacity, and/or enhancing economicefficiency;
3. The estimated cost of developing and/or operating the transportationfacility or facilities is reasonable in relation to similar facilities; and
4. The private entity's plans will result in the timely development and/oroperation of the transportation facility or facilities or their moreefficient operation.
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 submitted by aprivate entity pursuant to subsection A, including without limitation,reasonable attorney's fees and fees for financial and other necessaryadvisors or consultants. The responsible public entity shall also developguidelines that establish the process for the acceptance and review of aproposal from a private entity pursuant to subsections A and B. Suchguidelines shall establish a specific schedule for review of the proposal bythe responsible public entity, a process for alteration of that schedule bythe responsible public entity if it deems that changes are necessary becauseof the scope or complexity of proposals it receives, the process for receiptand review of competing proposals, and the type and amount of informationthat is necessary for adequate review of proposals in each stage of review.For qualifying transportation facilities that have approved or pending stateand federal environmental clearances, secured significant right of way, havepreviously allocated significant state or federal funding, or exhibit othercircumstances that could reasonably reduce the amount of time to developand/or operate the qualifying transportation facility in accordance with thepurpose of this chapter, the guidelines shall provide for a prioritizeddocumentation, review, and selection process.
E. The approval of the responsible public entity shall be subject to theprivate entity's entering into an interim agreement or a comprehensiveagreement with the responsible public entity. For any project with anestimated construction cost of over $50 million, the responsible publicentity also shall require the private entity to pay the costs for anindependent audit of any and all traffic and cost estimates associated withthe private entity's proposal, as well as a review of all public costs andpotential liabilities to which taxpayers could be exposed (includingimprovements to other transportation facilities that may be needed as aresult of the proposal, failure by the private entity to reimburse theresponsible public entity for services provided, and potential risk andliability in the event the private entity defaults on the comprehensiveagreement or on bonds issued for the project). This independent audit shallbe conducted by an independent consultant selected by the responsible publicentity, and all such information from such review shall be fully disclosed.
F. In connection with its approval of the development and/or operation of thetransportation facility or facilities as a qualifying transportationfacility, the responsible public entity shall establish a date for theacquisition of or the beginning of construction of or improvements to thequalifying transportation facility. The responsible public entity may extendsuch date from time to time.
G. The responsible public entity shall take appropriate action, as morespecifically set forth in its guidelines, to protect confidential andproprietary information provided by the private entity pursuant to anagreement under subdivision 11 of § 2.2-3705.6.
H. The responsible public entity may also apply for, execute, and/or endorseapplications submitted by private entities to obtain federal creditassistance for qualifying projects developed and/or operated pursuant to thischapter.
(1994, c. 855; 1995, c. 647; 2003, c. 289; 2005, cc. 504, 562; 2006, c. 922;2008, c. 296.)
§ 56-560. Approval by the responsible public entity.
A. The private entity may request approval by the responsible public entity.Any such request shall be accompanied by the following material andinformation unless waived by the responsible public entity in its guidelinesor other instructions given, in writing, to the private entity with respectto the transportation facility or facilities that the private entity proposesto develop and/or operate as a qualifying transportation facility:
1. A topographic map (1:2,000 or other appropriate scale) indicating thelocation of the transportation facility or facilities;
2. A description of the transportation facility or facilities, including theconceptual design of such facility or facilities and all proposedinterconnections with other transportation facilities;
3. The proposed date for development and/or operation of the transportationfacility or facilities along with an estimate of the life-cycle cost of thetransportation facility as proposed;
4. A statement setting forth the method by which the private entity proposesto secure any property interests required for the transportation facility orfacilities;
5. Information relating to the current transportation plans, if any, of eachaffected jurisdiction;
6. A list of all permits and approvals required for developing and/oroperating improvements to the transportation facility or facilities fromlocal, state, or federal agencies and a projected schedule for obtaining suchpermits and approvals;
7. A list of public utility facilities, if any, that will be crossed by thetransportation facility or facilities and a statement of the plans of theprivate entity to accommodate such crossings;
8. A statement setting forth the private entity's general plans fordeveloping and/or operating the transportation facility or facilities,including identification of any revenue, public or private, or proposed debtor equity investment or concession proposed by the private entity;
9. The names and addresses of the persons who may be contacted for furtherinformation concerning the request;
10. Information on how the private entity's proposal will address the needsidentified in the appropriate state, regional, or local transportation planby improving safety, reducing congestion, increasing capacity, and/orenhancing economic efficiency; and
11. Such additional material and information as the responsible public entitymay reasonably request pursuant to its guidelines or other writteninstructions.
B. The responsible public entity may request proposals from private entitiesfor the development and/or operation of transportation facilities. Theresponsible public entity shall not charge a fee to cover the costs ofprocessing, reviewing, and evaluating proposals received in response to suchrequests.
C. The responsible public entity may grant approval of the development and/oroperation of the transportation facility or facilities as a qualifyingtransportation facility if the responsible public entity determines that itserves the public purpose of this chapter. The responsible public entity maydetermine that the development and/or operation of the transportationfacility or facilities as a qualifying transportation facility serves suchpublic purpose if:
1. There is a public need for the transportation facility or facilities theprivate entity proposes to develop and/or operate as a qualifyingtransportation facility;
2. The transportation facility or facilities and the proposedinterconnections with existing transportation facilities, and the privateentity's plans for development and/or operation of the qualifyingtransportation facility or facilities, are, in the opinion of the responsiblepublic entity, reasonable and will address the needs identified in theappropriate state, regional, or local transportation plan by improvingsafety, reducing congestion, increasing capacity, and/or enhancing economicefficiency;
3. The estimated cost of developing and/or operating the transportationfacility or facilities is reasonable in relation to similar facilities; and
4. The private entity's plans will result in the timely development and/oroperation of the transportation facility or facilities or their moreefficient operation.
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 submitted by aprivate entity pursuant to subsection A, including without limitation,reasonable attorney's fees and fees for financial and other necessaryadvisors or consultants. The responsible public entity shall also developguidelines that establish the process for the acceptance and review of aproposal from a private entity pursuant to subsections A and B. Suchguidelines shall establish a specific schedule for review of the proposal bythe responsible public entity, a process for alteration of that schedule bythe responsible public entity if it deems that changes are necessary becauseof the scope or complexity of proposals it receives, the process for receiptand review of competing proposals, and the type and amount of informationthat is necessary for adequate review of proposals in each stage of review.For qualifying transportation facilities that have approved or pending stateand federal environmental clearances, secured significant right of way, havepreviously allocated significant state or federal funding, or exhibit othercircumstances that could reasonably reduce the amount of time to developand/or operate the qualifying transportation facility in accordance with thepurpose of this chapter, the guidelines shall provide for a prioritizeddocumentation, review, and selection process.
E. The approval of the responsible public entity shall be subject to theprivate entity's entering into an interim agreement or a comprehensiveagreement with the responsible public entity. For any project with anestimated construction cost of over $50 million, the responsible publicentity also shall require the private entity to pay the costs for anindependent audit of any and all traffic and cost estimates associated withthe private entity's proposal, as well as a review of all public costs andpotential liabilities to which taxpayers could be exposed (includingimprovements to other transportation facilities that may be needed as aresult of the proposal, failure by the private entity to reimburse theresponsible public entity for services provided, and potential risk andliability in the event the private entity defaults on the comprehensiveagreement or on bonds issued for the project). This independent audit shallbe conducted by an independent consultant selected by the responsible publicentity, and all such information from such review shall be fully disclosed.
F. In connection with its approval of the development and/or operation of thetransportation facility or facilities as a qualifying transportationfacility, the responsible public entity shall establish a date for theacquisition of or the beginning of construction of or improvements to thequalifying transportation facility. The responsible public entity may extendsuch date from time to time.
G. The responsible public entity shall take appropriate action, as morespecifically set forth in its guidelines, to protect confidential andproprietary information provided by the private entity pursuant to anagreement under subdivision 11 of § 2.2-3705.6.
H. The responsible public entity may also apply for, execute, and/or endorseapplications submitted by private entities to obtain federal creditassistance for qualifying projects developed and/or operated pursuant to thischapter.
(1994, c. 855; 1995, c. 647; 2003, c. 289; 2005, cc. 504, 562; 2006, c. 922;2008, c. 296.)
§ 56-560. Approval by the responsible public entity.
A. The private entity may request approval by the responsible public entity.Any such request shall be accompanied by the following material andinformation unless waived by the responsible public entity in its guidelinesor other instructions given, in writing, to the private entity with respectto the transportation facility or facilities that the private entity proposesto develop and/or operate as a qualifying transportation facility:
1. A topographic map (1:2,000 or other appropriate scale) indicating thelocation of the transportation facility or facilities;
2. A description of the transportation facility or facilities, including theconceptual design of such facility or facilities and all proposedinterconnections with other transportation facilities;
3. The proposed date for development and/or operation of the transportationfacility or facilities along with an estimate of the life-cycle cost of thetransportation facility as proposed;
4. A statement setting forth the method by which the private entity proposesto secure any property interests required for the transportation facility orfacilities;
5. Information relating to the current transportation plans, if any, of eachaffected jurisdiction;
6. A list of all permits and approvals required for developing and/oroperating improvements to the transportation facility or facilities fromlocal, state, or federal agencies and a projected schedule for obtaining suchpermits and approvals;
7. A list of public utility facilities, if any, that will be crossed by thetransportation facility or facilities and a statement of the plans of theprivate entity to accommodate such crossings;
8. A statement setting forth the private entity's general plans fordeveloping and/or operating the transportation facility or facilities,including identification of any revenue, public or private, or proposed debtor equity investment or concession proposed by the private entity;
9. The names and addresses of the persons who may be contacted for furtherinformation concerning the request;
10. Information on how the private entity's proposal will address the needsidentified in the appropriate state, regional, or local transportation planby improving safety, reducing congestion, increasing capacity, and/orenhancing economic efficiency; and
11. Such additional material and information as the responsible public entitymay reasonably request pursuant to its guidelines or other writteninstructions.
B. The responsible public entity may request proposals from private entitiesfor the development and/or operation of transportation facilities. Theresponsible public entity shall not charge a fee to cover the costs ofprocessing, reviewing, and evaluating proposals received in response to suchrequests.
C. The responsible public entity may grant approval of the development and/oroperation of the transportation facility or facilities as a qualifyingtransportation facility if the responsible public entity determines that itserves the public purpose of this chapter. The responsible public entity maydetermine that the development and/or operation of the transportationfacility or facilities as a qualifying transportation facility serves suchpublic purpose if:
1. There is a public need for the transportation facility or facilities theprivate entity proposes to develop and/or operate as a qualifyingtransportation facility;
2. The transportation facility or facilities and the proposedinterconnections with existing transportation facilities, and the privateentity's plans for development and/or operation of the qualifyingtransportation facility or facilities, are, in the opinion of the responsiblepublic entity, reasonable and will address the needs identified in theappropriate state, regional, or local transportation plan by improvingsafety, reducing congestion, increasing capacity, and/or enhancing economicefficiency;
3. The estimated cost of developing and/or operating the transportationfacility or facilities is reasonable in relation to similar facilities; and
4. The private entity's plans will result in the timely development and/oroperation of the transportation facility or facilities or their moreefficient operation.
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 submitted by aprivate entity pursuant to subsection A, including without limitation,reasonable attorney's fees and fees for financial and other necessaryadvisors or consultants. The responsible public entity shall also developguidelines that establish the process for the acceptance and review of aproposal from a private entity pursuant to subsections A and B. Suchguidelines shall establish a specific schedule for review of the proposal bythe responsible public entity, a process for alteration of that schedule bythe responsible public entity if it deems that changes are necessary becauseof the scope or complexity of proposals it receives, the process for receiptand review of competing proposals, and the type and amount of informationthat is necessary for adequate review of proposals in each stage of review.For qualifying transportation facilities that have approved or pending stateand federal environmental clearances, secured significant right of way, havepreviously allocated significant state or federal funding, or exhibit othercircumstances that could reasonably reduce the amount of time to developand/or operate the qualifying transportation facility in accordance with thepurpose of this chapter, the guidelines shall provide for a prioritizeddocumentation, review, and selection process.
E. The approval of the responsible public entity shall be subject to theprivate entity's entering into an interim agreement or a comprehensiveagreement with the responsible public entity. For any project with anestimated construction cost of over $50 million, the responsible publicentity also shall require the private entity to pay the costs for anindependent audit of any and all traffic and cost estimates associated withthe private entity's proposal, as well as a review of all public costs andpotential liabilities to which taxpayers could be exposed (includingimprovements to other transportation facilities that may be needed as aresult of the proposal, failure by the private entity to reimburse theresponsible public entity for services provided, and potential risk andliability in the event the private entity defaults on the comprehensiveagreement or on bonds issued for the project). This independent audit shallbe conducted by an independent consultant selected by the responsible publicentity, and all such information from such review shall be fully disclosed.
F. In connection with its approval of the development and/or operation of thetransportation facility or facilities as a qualifying transportationfacility, the responsible public entity shall establish a date for theacquisition of or the beginning of construction of or improvements to thequalifying transportation facility. The responsible public entity may extendsuch date from time to time.
G. The responsible public entity shall take appropriate action, as morespecifically set forth in its guidelines, to protect confidential andproprietary information provided by the private entity pursuant to anagreement under subdivision 11 of § 2.2-3705.6.
H. The responsible public entity may also apply for, execute, and/or endorseapplications submitted by private entities to obtain federal creditassistance for qualifying projects developed and/or operated pursuant to thischapter.
(1994, c. 855; 1995, c. 647; 2003, c. 289; 2005, cc. 504, 562; 2006, c. 922;2008, c. 296.)
