{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1800.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1800.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1800.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1800.html"}],"law_id":58174,"edition_id":1,"section_id":58174,"structure_id":13500,"section_number":"33.2-1800","catch_line":"Definitions","history":"1994, c. 855, \u00a7 56-557; 1995, c. 647; 2001, c. 286; 2002, cc. 570, 593; 2005, cc. 504, 562; 2006, c. 922; 2014, c. 805.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Affected locality or public entity” means any county, city, or town in which all or a portion of a qualifying transportation facility is located and any other responsible public entity directly affected by the qualifying transportation facility.\n\t\t“Commission” means the State Corporation Commission.\n\t\t“Comprehensive agreement” means the comprehensive agreement between the private entity and the responsible public entity required by \u00a7 33.2-1808.\n\t\t“Concession” means any lease, license, franchise, easement, or other binding agreement transferring rights for the use or control, in whole or in part, of a qualifying transportation facility by a responsible public entity to a private entity for a definite term during which the private entity will provide transportation-related services, including operations and maintenance, revenue collection, toll-collection enforcement, design, construction, and other activities that enhance throughput, reduce congestion, or otherwise manage the facility, in return for the right to receive all or a portion of the revenues of the qualifying transportation facility.\n\t\t“Concession payment” means a payment from a private entity to a responsible public entity in connection with the development and\/or operation of a qualifying transportation facility pursuant to a concession.\n\t\t“Develop” or “development” means to plan, design, develop, finance, lease, acquire, install, construct, or expand.\n\t\t“Interim agreement” means an agreement, including a memorandum of understanding or binding preliminary agreement, between the private entity and the responsible public entity that provides for completion of studies and any other activities to advance the development and\/or operation of a qualifying transportation facility.\n\t\t“Material default” means any default by the private entity in the performance of its duties under subsection E of \u00a7 33.2-1807 that jeopardizes adequate service to the public from a qualifying transportation facility and remains unremedied after the responsible public entity has provided notice to the private entity and a reasonable cure period has elapsed.\n\t\t“Multimodal transportation facility” means a transportation facility consisting of multiple modes of transportation.\n\t\t“Operate” or “operation” means to finance, maintain, improve, equip, modify, repair, or operate.\n\t\t“Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.\n\t\t“Public entity” means the Commonwealth and any agency or authority thereof; any county, city, or town; and any other political subdivision of any of the foregoing, but does not include any public service company.\n\t\t“Qualifying transportation facility” means one or more transportation facilities developed and\/or operated by a private entity pursuant to this chapter.\n\t\t“Responsible public entity” means a public entity, including local governments and regional authorities, that has the power to develop and\/or operate the qualifying transportation facility.\n\t\t“Revenues” means all revenues, including income; earnings; user fees; lease payments; allocations; federal, state, regional, and local appropriations or the appropriations or other funds available to any political subdivision, authority, or instrumentality thereof; bond proceeds; equity investments, service payments, or any combination thereof arising out of or in connection with supporting the development and\/or operation of a qualifying transportation facility, including money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility.\n\t\t“Service contract” means a contract entered into between a public entity and the private entity pursuant to \u00a7 33.2-1804.\n\t\t“Service payments” means payments to the private entity in connection with the development and\/or operation of a qualifying transportation facility pursuant to a service contract.\n\t\t“State” means the Commonwealth of Virginia.\n\t\t“Transportation facility” means any road, bridge, tunnel, overpass, ferry, airport, mass transit facility, vehicle parking facility, port facility, or similar commercial facility used for the transportation of persons or goods, together with any buildings, structures, parking areas, appurtenances, and other property needed to operate such facility; however, “transportation facility” does not include a commercial or retail use or enterprise not essential to the transportation of persons or goods.\n\t\t“User fees” mean the rates, tolls, fees, or other charges imposed by the private entity for use of all or a portion of a qualifying transportation facility pursuant to the interim or comprehensive agreement.","order_by":null,"text":{"0":{"id":213158,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Affected locality or public entity” means any county, city, or town in which all or a portion of a qualifying transportation facility is located and any other responsible public entity directly affected by the qualifying transportation facility.\n\t\t“Commission” means the State Corporation Commission.\n\t\t“Comprehensive agreement” means the comprehensive agreement between the private entity and the responsible public entity required by \u00a7 33.2-1808.\n\t\t“Concession” means any lease, license, franchise, easement, or other binding agreement transferring rights for the use or control, in whole or in part, of a qualifying transportation facility by a responsible public entity to a private entity for a definite term during which the private entity will provide transportation-related services, including operations and maintenance, revenue collection, toll-collection enforcement, design, construction, and other activities that enhance throughput, reduce congestion, or otherwise manage the facility, in return for the right to receive all or a portion of the revenues of the qualifying transportation facility.\n\t\t“Concession payment” means a payment from a private entity to a responsible public entity in connection with the development and\/or operation of a qualifying transportation facility pursuant to a concession.\n\t\t“Develop” or “development” means to plan, design, develop, finance, lease, acquire, install, construct, or expand.\n\t\t“Interim agreement” means an agreement, including a memorandum of understanding or binding preliminary agreement, between the private entity and the responsible public entity that provides for completion of studies and any other activities to advance the development and\/or operation of a qualifying transportation facility.\n\t\t“Material default” means any default by the private entity in the performance of its duties under subsection E of \u00a7 33.2-1807 that jeopardizes adequate service to the public from a qualifying transportation facility and remains unremedied after the responsible public entity has provided notice to the private entity and a reasonable cure period has elapsed.\n\t\t“Multimodal transportation facility” means a transportation facility consisting of multiple modes of transportation.\n\t\t“Operate” or “operation” means to finance, maintain, improve, equip, modify, repair, or operate.\n\t\t“Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.\n\t\t“Public entity” means the Commonwealth and any agency or authority thereof; any county, city, or town; and any other political subdivision of any of the foregoing, but does not include any public service company.\n\t\t“Qualifying transportation facility” means one or more transportation facilities developed and\/or operated by a private entity pursuant to this chapter.\n\t\t“Responsible public entity” means a public entity, including local governments and regional authorities, that has the power to develop and\/or operate the qualifying transportation facility.\n\t\t“Revenues” means all revenues, including income; earnings; user fees; lease payments; allocations; federal, state, regional, and local appropriations or the appropriations or other funds available to any political subdivision, authority, or instrumentality thereof; bond proceeds; equity investments, service payments, or any combination thereof arising out of or in connection with supporting the development and\/or operation of a qualifying transportation facility, including money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility.\n\t\t“Service contract” means a contract entered into between a public entity and the private entity pursuant to \u00a7 33.2-1804.\n\t\t“Service payments” means payments to the private entity in connection with the development and\/or operation of a qualifying transportation facility pursuant to a service contract.\n\t\t“State” means the Commonwealth of Virginia.\n\t\t“Transportation facility” means any road, bridge, tunnel, overpass, ferry, airport, mass transit facility, vehicle parking facility, port facility, or similar commercial facility used for the transportation of persons or goods, together with any buildings, structures, parking areas, appurtenances, and other property needed to operate such facility; however, “transportation facility” does not include a commercial or retail use or enterprise not essential to the transportation of persons or goods.\n\t\t“User fees” mean the rates, tolls, fees, or other charges imposed by the private entity for use of all or a portion of a qualifying transportation facility pursuant to the interim or comprehensive agreement.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13500,"edition_id":1,"name":"Public-Private Transportation Act of 1995","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":13146,"metadata":{},"date_created":"2026-06-26 03:45:04","date_modified":"2026-06-26 03:45:04","permalink":{"id":206817,"object_type":"structure","relational_id":13500,"identifier":"18","token":"33.2\/III\/18","url":"\/33.2\/III\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13146,"edition_id":1,"name":"Transportation Funding and Development","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":206483,"object_type":"structure","relational_id":13146,"identifier":"III","token":"33.2\/III","url":"\/33.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58174,"structure_id":13500,"section_number":"33.2-1800","catch_line":"Definitions","url":"\/33.2-1800\/","token":"33.2\/III\/18\/33.2-1800","metadata":false},{"id":54467,"structure_id":13500,"section_number":"33.2-1801","catch_line":"Policy","url":"\/33.2-1801\/","token":"33.2\/III\/18\/33.2-1801","metadata":false},{"id":71783,"structure_id":13500,"section_number":"33.2-1802","catch_line":"Prerequisite for operation","url":"\/33.2-1802\/","token":"33.2\/III\/18\/33.2-1802","metadata":false},{"id":87041,"structure_id":13500,"section_number":"33.2-1803","catch_line":"Approval by the responsible public entity","url":"\/33.2-1803\/","token":"33.2\/III\/18\/33.2-1803","metadata":false},{"id":82571,"structure_id":13500,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","url":"\/33.2-1803.1\/","token":"33.2\/III\/18\/33.2-1803.1","metadata":false},{"id":68237,"structure_id":13500,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","url":"\/33.2-1803.1_1\/","token":"33.2\/III\/18\/33.2-1803.1_1","metadata":false},{"id":80775,"structure_id":13500,"section_number":"33.2-1803.2","catch_line":"Transportation Public-Private Partnership Steering Committee","url":"\/33.2-1803.2\/","token":"33.2\/III\/18\/33.2-1803.2","metadata":false},{"id":85932,"structure_id":13500,"section_number":"33.2-1804","catch_line":"Service contracts","url":"\/33.2-1804\/","token":"33.2\/III\/18\/33.2-1804","metadata":false},{"id":65908,"structure_id":13500,"section_number":"33.2-1805","catch_line":"Affected localities or public entities","url":"\/33.2-1805\/","token":"33.2\/III\/18\/33.2-1805","metadata":false},{"id":84826,"structure_id":13500,"section_number":"33.2-1806","catch_line":"Dedication of public property","url":"\/33.2-1806\/","token":"33.2\/III\/18\/33.2-1806","metadata":false},{"id":60775,"structure_id":13500,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","url":"\/33.2-1807\/","token":"33.2\/III\/18\/33.2-1807","metadata":false},{"id":67786,"structure_id":13500,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","url":"\/33.2-1808\/","token":"33.2\/III\/18\/33.2-1808","metadata":false},{"id":84012,"structure_id":13500,"section_number":"33.2-1809","catch_line":"Interim agreement","url":"\/33.2-1809\/","token":"33.2\/III\/18\/33.2-1809","metadata":false},{"id":86910,"structure_id":13500,"section_number":"33.2-1810","catch_line":"Multiple public entities","url":"\/33.2-1810\/","token":"33.2\/III\/18\/33.2-1810","metadata":false},{"id":76088,"structure_id":13500,"section_number":"33.2-1811","catch_line":"Federal, state, and local assistance","url":"\/33.2-1811\/","token":"33.2\/III\/18\/33.2-1811","metadata":false},{"id":74906,"structure_id":13500,"section_number":"33.2-1812","catch_line":"Financing","url":"\/33.2-1812\/","token":"33.2\/III\/18\/33.2-1812","metadata":false},{"id":80530,"structure_id":13500,"section_number":"33.2-1813","catch_line":"Material default; remedies","url":"\/33.2-1813\/","token":"33.2\/III\/18\/33.2-1813","metadata":false},{"id":67019,"structure_id":13500,"section_number":"33.2-1814","catch_line":"Condemnation","url":"\/33.2-1814\/","token":"33.2\/III\/18\/33.2-1814","metadata":false},{"id":73567,"structure_id":13500,"section_number":"33.2-1815","catch_line":"Utility crossings","url":"\/33.2-1815\/","token":"33.2\/III\/18\/33.2-1815","metadata":false},{"id":79555,"structure_id":13500,"section_number":"33.2-1816","catch_line":"Police powers; violations of law","url":"\/33.2-1816\/","token":"33.2\/III\/18\/33.2-1816","metadata":false},{"id":82536,"structure_id":13500,"section_number":"33.2-1817","catch_line":"Dedication of assets","url":"\/33.2-1817\/","token":"33.2\/III\/18\/33.2-1817","metadata":false},{"id":80098,"structure_id":13500,"section_number":"33.2-1818","catch_line":"Sovereign immunity","url":"\/33.2-1818\/","token":"33.2\/III\/18\/33.2-1818","metadata":false},{"id":72301,"structure_id":13500,"section_number":"33.2-1819","catch_line":"Procurement","url":"\/33.2-1819\/","token":"33.2\/III\/18\/33.2-1819","metadata":false},{"id":55286,"structure_id":13500,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/33.2-1820\/","token":"33.2\/III\/18\/33.2-1820","metadata":false},{"id":71227,"structure_id":13500,"section_number":"33.2-1821","catch_line":"Jurisdiction","url":"\/33.2-1821\/","token":"33.2\/III\/18\/33.2-1821","metadata":false},{"id":76828,"structure_id":13500,"section_number":"33.2-1822","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/33.2-1822\/","token":"33.2\/III\/18\/33.2-1822","metadata":false},{"id":75555,"structure_id":13500,"section_number":"33.2-1823","catch_line":"Preservation of the Virginia Highway Corporation Act of 1988","url":"\/33.2-1823\/","token":"33.2\/III\/18\/33.2-1823","metadata":false},{"id":69769,"structure_id":13500,"section_number":"33.2-1824","catch_line":"Repealed","url":"\/33.2-1824\/","token":"33.2\/III\/18\/33.2-1824","metadata":false}],"next_section":{"id":54467,"structure_id":13500,"section_number":"33.2-1801","catch_line":"Policy","url":"\/33.2-1801\/","token":"33.2\/III\/18\/33.2-1801","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1800\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 855<\/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. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter 647<\/a>; in 2001, chapter 286<\/a>; in 2002, chapters 570<\/a> and 593<\/a>; in 2005, chapters 504<\/a> and 562<\/a>; in 2006, chapter 922<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":58804,"section_number":"2.2-2279","catch_line":"Short title; definitions","order_by":null,"url":"\/2.2-2279\/"},{"id":66702,"section_number":"2.2-2343","catch_line":"Authority may borrow money, accept contributions, etc","order_by":null,"url":"\/2.2-2343\/"},{"id":85061,"section_number":"2.2-3104.01","catch_line":"Prohibited conduct; bids or proposals under the Virginia Public Procurement Act, Public-Private Transportation Act, and Public-Private Education Facilities and Infrastructure Act; loans or grants from the Commonwealth's Development Opportunity Fund","order_by":null,"url":"\/2.2-3104.01\/"},{"id":59772,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","order_by":null,"url":"\/2.2-3705.6\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":66024,"section_number":"2.2-4331","catch_line":"Contract pricing arrangements","order_by":null,"url":"\/2.2-4331\/"},{"id":62146,"section_number":"33.2-1501","catch_line":"Definitions","order_by":null,"url":"\/33.2-1501\/"},{"id":72795,"section_number":"33.2-1524","catch_line":"Commonwealth Transportation Fund","order_by":null,"url":"\/33.2-1524\/"},{"id":86224,"section_number":"33.2-1526.2","catch_line":"Commonwealth Transit Capital Fund","order_by":null,"url":"\/33.2-1526.2\/"},{"id":63983,"section_number":"33.2-1528","catch_line":"Concession Payments Account","order_by":null,"url":"\/33.2-1528\/"},{"id":54474,"section_number":"33.2-1529","catch_line":"Toll Facilities Revolving Account","order_by":null,"url":"\/33.2-1529\/"},{"id":65908,"section_number":"33.2-1805","catch_line":"Affected localities or public entities","order_by":null,"url":"\/33.2-1805\/"},{"id":55195,"section_number":"33.2-1830","catch_line":" (Contingent effective date -- see Editor's note) Interstate 73 Transportation Compact; form of compact","order_by":null,"url":"\/33.2-1830\/"},{"id":87002,"section_number":"33.2-213","catch_line":"Naming highways, bridges, interchanges, and other transportation facilities","order_by":null,"url":"\/33.2-213\/"},{"id":83170,"section_number":"33.2-226","catch_line":"Authority to lease or convey airspace","order_by":null,"url":"\/33.2-226\/"},{"id":61552,"section_number":"33.2-2510","catch_line":"Use of certain revenues by the Authority","order_by":null,"url":"\/33.2-2510\/"},{"id":64026,"section_number":"33.2-2512","catch_line":"Other duties and responsibilities of Authority","order_by":null,"url":"\/33.2-2512\/"},{"id":60290,"section_number":"33.2-2609","catch_line":"Commission a responsible public entity under Public-Private Transportation Act of 1995","order_by":null,"url":"\/33.2-2609\/"},{"id":71657,"section_number":"33.2-261","catch_line":"Value engineering required in certain projects","order_by":null,"url":"\/33.2-261\/"},{"id":64713,"section_number":"33.2-292","catch_line":"Powers of the Authority","order_by":null,"url":"\/33.2-292\/"},{"id":69208,"section_number":"33.2-294","catch_line":"Issuance of bonds","order_by":null,"url":"\/33.2-294\/"},{"id":75757,"section_number":"33.2-3710","catch_line":"Authority a responsible public entity under Public-Private Transportation Act of 1995","order_by":null,"url":"\/33.2-3710\/"},{"id":73601,"section_number":"33.2-502","catch_line":"Designation of HOT lanes","order_by":null,"url":"\/33.2-502\/"},{"id":71542,"section_number":"33.2-611","catch_line":"Tolls may vary to encourage travel during off-peak hours","order_by":null,"url":"\/33.2-611\/"},{"id":75794,"section_number":"33.2-613","catch_line":"Free use of toll facilities by certain state officers and employees; penalties","order_by":null,"url":"\/33.2-613\/"},{"id":83715,"section_number":"58.1-3203","catch_line":"Taxation of certain leasehold interests; concessions","order_by":null,"url":"\/58.1-3203\/"},{"id":61870,"section_number":"58.1-3606.1","catch_line":"Property indirectly owned by government","order_by":null,"url":"\/58.1-3606.1\/"},{"id":81897,"section_number":"58.1-3703","catch_line":"Counties, cities and towns may impose local license taxes and fees; limitation of authority","order_by":null,"url":"\/58.1-3703\/"},{"id":86914,"section_number":"58.1-811","catch_line":"(Contingent effective date \u2014 see note) Exemptions","order_by":null,"url":"\/58.1-811\/"},{"id":75598,"section_number":"62.1-132.19","catch_line":"Acquisition and lease of property","order_by":null,"url":"\/62.1-132.19\/"}],"refers_to":[{"id":85932,"section_number":"33.2-1804","catch_line":"Service contracts","order_by":null,"url":"\/33.2-1804\/"},{"id":60775,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","order_by":null,"url":"\/33.2-1807\/"},{"id":67786,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","order_by":null,"url":"\/33.2-1808\/"}],"permalink":{"id":206819,"object_type":"law","relational_id":58174,"identifier":"33.2-1800","token":"33.2\/III\/18\/33.2-1800","url":"\/33.2-1800\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1800\/","token":"33.2\/III\/18\/33.2-1800","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1800","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Affected locality or public entity<\/span>” means any county, city, or town in which all or a portion of a qualifying transportation facility<\/span> is located and any other responsible public entity<\/span> directly affected by the qualifying transportation facility<\/span>.\n\t\t“Commission<\/span>” means the State<\/span> Corporation Commission<\/span>.\n\t\t“Comprehensive agreement<\/span>” means the comprehensive agreement<\/span> between the private entity<\/span> and the responsible public entity<\/span> required by \u00a7 33.2-1808<\/a>.\n\t\t“Concession” means any lease, license, franchise, easement, or other binding agreement transferring rights for the use or control, in whole or in part, of a qualifying transportation facility<\/span> by a responsible public entity<\/span> to a private entity<\/span> for a definite term during which the private entity<\/span> will provide transportation-related services, including operations<\/span> and maintenance<\/span>, revenue collection, toll-collection enforcement, design, construction, and other activities that enhance throughput, reduce congestion, or otherwise manage the facility, in return for the right to receive all or a portion of the revenues<\/span> of the qualifying transportation facility<\/span>.\n\t\t“Concession payment<\/span>” means a payment from a private entity<\/span> to a responsible public entity<\/span> in connection with the development<\/span> and\/or operation<\/span> of a qualifying transportation facility<\/span> pursuant to a concession.\n\t\t“Develop<\/span>” or “development<\/span>” means to plan, design, develop<\/span>, finance, lease, acquire, install, construct, or expand.\n\t\t“Interim agreement<\/span>” means an agreement, including a memorandum<\/span> of understanding or binding preliminary agreement, between the private entity<\/span> and the responsible public entity<\/span> that provides for completion of studies and any other activities to advance the development<\/span> and\/or operation<\/span> of a qualifying transportation facility<\/span>.\n\t\t“Material default<\/span>” means any default by the private entity<\/span> in the performance of its duties under subsection E of \u00a7 33.2-1807<\/a> that jeopardizes adequate service to the public from a qualifying transportation facility<\/span> and remains unremedied after the responsible public entity<\/span> has provided notice to the private entity<\/span> and a reasonable cure period has elapsed.\n\t\t“Multimodal transportation facility<\/span>” means a transportation facility consisting of multiple modes of transportation.\n\t\t“Operate<\/span>” or “operation<\/span>” means to finance, maintain, improve, equip, modify, repair, or operate<\/span>.\n\t\t“Private entity<\/span>” means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.\n\t\t“Public entity” means the Commonwealth and any agency or authority thereof; any county, city, or town; and any other political subdivision of any of the foregoing, but does not include any public service company.\n\t\t“Qualifying transportation facility<\/span>” means one or more transportation facilities developed and\/or operated by a private entity<\/span> pursuant to this chapter.\n\t\t“Responsible public entity<\/span>” means a public entity, including local governments and regional authorities, that has the power to develop<\/span> and\/or operate<\/span> the qualifying transportation facility<\/span>.\n\t\t“Revenues<\/span>” means all revenues<\/span>, including income; earnings; user fees<\/span>; lease payments; allocations; federal, state<\/span>, regional, and local appropriations or the appropriations or other funds available to any political subdivision, authority, or instrumentality thereof; bond<\/span> proceeds; equity<\/span> investments, service payments<\/span>, or any combination thereof arising out of or in connection with supporting the development<\/span> and\/or operation<\/span> of a qualifying transportation facility<\/span>, including money received as grants or otherwise from the United States<\/span> of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility.\n\t\t“Service contract<\/span>” means a contract entered into between a public entity and the private entity<\/span> pursuant to \u00a7 33.2-1804<\/a>.\n\t\t“Service payments<\/span>” means payments to the private entity<\/span> in connection with the development<\/span> and\/or operation<\/span> of a qualifying transportation facility<\/span> pursuant to a service contract<\/span>.\n\t\t“State<\/span>” means the Commonwealth of Virginia.\n\t\t“Transportation facility” means any road, bridge, tunnel, overpass, ferry, airport, mass transit<\/span> facility, vehicle parking facility, port facility, or similar commercial facility used for the transportation of persons or goods, together with any buildings, structures, parking areas, appurtenances, and other property needed to operate<\/span> such facility; however, “transportation facility” does not include a commercial or retail use or enterprise not essential to the transportation of persons or goods.\n\t\t“User fees<\/span>” mean the rates, tolls, fees, or other charges imposed by the private entity<\/span> for use of all or a portion of a qualifying transportation facility<\/span> pursuant to the interim or comprehensive agreement<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 33.2-1800)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Affected locality or public entity” means any county, city, or\ntown in which all or a portion of a qualifying transportation facility is\nlocated and any other responsible public entity directly affected by the\nqualifying transportation facility.\n\t\t“Commission” means the State Corporation Commission.\n\t\t“Comprehensive agreement” means the comprehensive agreement\nbetween the private entity and the responsible public entity required by \u00a7\n33.2-1808.\n\t\t“Concession” means any lease, license, franchise, easement, or\nother binding agreement transferring rights for the use or control, in whole or\nin part, of a qualifying transportation facility by a responsible public entity\nto a private entity for a definite term during which the private entity will\nprovide transportation-related services, including operations and maintenance,\nrevenue collection, toll-collection enforcement, design, construction, and other\nactivities that enhance throughput, reduce congestion, or otherwise manage the\nfacility, in return for the right to receive all or a portion of the revenues of\nthe qualifying transportation facility.\n\t\t“Concession payment” means a payment from a private entity to a\nresponsible public entity in connection with the development and\/or operation of\na qualifying transportation facility pursuant to a concession.\n\t\t“Develop” or “development” means to plan, design,\ndevelop, finance, lease, acquire, install, construct, or expand.\n\t\t“Interim agreement” means an agreement, including a memorandum of\nunderstanding or binding preliminary agreement, between the private entity and\nthe responsible public entity that provides for completion of studies and any\nother activities to advance the development and\/or operation of a qualifying\ntransportation facility.\n\t\t“Material default” means any default by the private entity in the\nperformance of its duties under subsection E of \u00a7 33.2-1807 that jeopardizes\nadequate service to the public from a qualifying transportation facility and\nremains unremedied after the responsible public entity has provided notice to\nthe private entity and a reasonable cure period has elapsed.\n\t\t“Multimodal transportation facility” means a transportation\nfacility consisting of multiple modes of transportation.\n\t\t“Operate” or “operation” means to finance, maintain,\nimprove, equip, modify, repair, or operate.\n\t\t“Private entity” means any natural person, corporation, general\npartnership, limited liability company, limited partnership, joint venture,\nbusiness trust, public benefit corporation, nonprofit entity, or other business\nentity.\n\t\t“Public entity” means the Commonwealth and any agency or authority\nthereof; any county, city, or town; and any other political subdivision of any\nof the foregoing, but does not include any public service company.\n\t\t“Qualifying transportation facility” means one or more\ntransportation facilities developed and\/or operated by a private entity pursuant\nto this chapter.\n\t\t“Responsible public entity” means a public entity, including local\ngovernments and regional authorities, that has the power to develop and\/or\noperate the qualifying transportation facility.\n\t\t“Revenues” means all revenues, including income; earnings; user\nfees; lease payments; allocations; federal, state, regional, and local\nappropriations or the appropriations or other funds available to any political\nsubdivision, authority, or instrumentality thereof; bond proceeds; equity\ninvestments, service payments, or any combination thereof arising out of or in\nconnection with supporting the development and\/or operation of a qualifying\ntransportation facility, including money received as grants or otherwise from\nthe United States of America, from any public entity, or from any agency or\ninstrumentality of the foregoing in aid of such facility.\n\t\t“Service contract” means a contract entered into between a public\nentity and the private entity pursuant to \u00a7 33.2-1804.\n\t\t“Service payments” means payments to the private entity in\nconnection with the development and\/or operation of a qualifying transportation\nfacility pursuant to a service contract.\n\t\t“State” means the Commonwealth of Virginia.\n\t\t“Transportation facility” means any road, bridge, tunnel,\noverpass, ferry, airport, mass transit facility, vehicle parking facility, port\nfacility, or similar commercial facility used for the transportation of persons\nor goods, together with any buildings, structures, parking areas, appurtenances,\nand other property needed to operate such facility; however,\n“transportation facility” does not include a commercial or retail\nuse or enterprise not essential to the transportation of persons or goods.\n\t\t“User fees” mean the rates, tolls, fees, or other charges imposed\nby the private entity for use of all or a portion of a qualifying transportation\nfacility pursuant to the interim or comprehensive agreement.\n\nHISTORY: 1994, c. 855, \u00a7 56-557; 1995, c. 647; 2001, c. 286; 2002, cc. 570,\n593; 2005, cc. 504, 562; 2006, c. 922; 2014, c. 805.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}