{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1803.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1803.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1803.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1803.1.html"}],"law_id":82571,"edition_id":1,"section_id":82571,"structure_id":13500,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","history":"2015, c. 612; 2017, cc. 539, 551; 2020, cc. 1230, 1275.","full_text":"A\n\nPrior to the meeting of the Committee pursuant to subsection C of § 33.2-1803.2, the chief executive officer of the responsible public entity shall make a finding of public interest. Such finding shall include information set forth in subsection B. For transportation facilities where the Department of Transportation, the Virginia Passenger Rail Authority, or the Department of Rail and Public Transportation is the responsible public entity, the Secretary of Transportation, in his role as chairman of the Board, must concur with the finding of public interest.B\n\nAt a minimum, a finding of public interest shall contain the following information:1\n\nA description of the benefits expected to be realized by the responsible public entity through the development and\/or operation of the transportation facility, including person throughput, congestion mitigation, safety, economic development, environmental quality, and land use.2\n\nAn analysis of the public contribution necessary for the development and\/or operation of the facility or facilities pursuant to subsection A of § 33.2-1803.1:1, including a maximum public contribution that will be allowed under the procurement.3\n\nA description of the benefits expected to be realized by the responsible public entity through the use of this chapter compared with the development and\/or operation of the transportation facility through other options available to the responsible public entity.4\n\nA statement of the risks, liabilities, and responsibilities to be transferred, assigned, or assumed by the private entity, which shall include the following:\n\t\t\t\ta. A discussion of whether revenue risk will be transferred to the private entity and the degree to which any such transfer may be mitigated through other provisions in the interim or comprehensive agreements;\n\t\t\t\tb. A description of the risks, liabilities, and responsibilities to be retained by the responsible public entity; and\n\t\t\t\tc. Other items determined appropriate by the responsible public entity in the guidelines for this chapter.5\n\nThe determination of whether the project has a high, medium, or low level of project delivery risk and a description of how such determination was made. If the qualifying transportation facility is determined to contain high risk, a description of how the public’s interest will be protected through the transfer, assignment, or assumption of risks or responsibilities by the private entity in the event that issues arise with the development and\/or operation of the qualifying transportation facility.6\n\nIf the responsible public entity proposes to enter into an interim or comprehensive agreement pursuant to subdivision 2 of § 33.2-1819, information and the rationale demonstrating that proceeding in this manner is more beneficial than proceeding pursuant to subdivision 1 of § 33.2-1819.","order_by":null,"text":{"0":{"id":295836,"text":"Prior to the meeting of the Committee pursuant to subsection C of § 33.2-1803.2, the chief executive officer of the responsible public entity shall make a finding of public interest. Such finding shall include information set forth in subsection B. For transportation facilities where the Department of Transportation, the Virginia Passenger Rail Authority, or the Department of Rail and Public Transportation is the responsible public entity, the Secretary of Transportation, in his role as chairman of the Board, must concur with the finding of public interest.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295837,"text":"At a minimum, a finding of public interest shall contain the following information:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":295838,"text":"A description of the benefits expected to be realized by the responsible public entity through the development and\/or operation of the transportation facility, including person throughput, congestion mitigation, safety, economic development, environmental quality, and land use.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":295839,"text":"An analysis of the public contribution necessary for the development and\/or operation of the facility or facilities pursuant to subsection A of § 33.2-1803.1:1, including a maximum public contribution that will be allowed under the procurement.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":295840,"text":"A description of the benefits expected to be realized by the responsible public entity through the use of this chapter compared with the development and\/or operation of the transportation facility through other options available to the responsible public entity.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":295841,"text":"A statement of the risks, liabilities, and responsibilities to be transferred, assigned, or assumed by the private entity, which shall include the following:\n\t\t\t\ta. A discussion of whether revenue risk will be transferred to the private entity and the degree to which any such transfer may be mitigated through other provisions in the interim or comprehensive agreements;\n\t\t\t\tb. A description of the risks, liabilities, and responsibilities to be retained by the responsible public entity; and\n\t\t\t\tc. Other items determined appropriate by the responsible public entity in the guidelines for this chapter.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":295842,"text":"The determination of whether the project has a high, medium, or low level of project delivery risk and a description of how such determination was made. If the qualifying transportation facility is determined to contain high risk, a description of how the public’s interest will be protected through the transfer, assignment, or assumption of risks or responsibilities by the private entity in the event that issues arise with the development and\/or operation of the qualifying transportation facility.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":295843,"text":"If the responsible public entity proposes to enter into an interim or comprehensive agreement pursuant to subdivision 2 of § 33.2-1819, information and the rationale demonstrating that proceeding in this manner is more beneficial than proceeding pursuant to subdivision 1 of § 33.2-1819.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5"}},"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 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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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1803.1\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapter 612<\/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 2 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 2017, chapters 539<\/a> and 551<\/a>; in 2020, chapters 1230<\/a> and 1275<\/a>.<\/p>","references":[{"id":87041,"section_number":"33.2-1803","catch_line":"Approval by the responsible public entity","order_by":null,"url":"\/33.2-1803\/"},{"id":68237,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","order_by":null,"url":"\/33.2-1803.1_1\/"},{"id":80775,"section_number":"33.2-1803.2","catch_line":"Transportation Public-Private Partnership Steering Committee","order_by":null,"url":"\/33.2-1803.2\/"}],"refers_to":[{"id":68237,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","order_by":null,"url":"\/33.2-1803.1_1\/"},{"id":80775,"section_number":"33.2-1803.2","catch_line":"Transportation Public-Private Partnership Steering Committee","order_by":null,"url":"\/33.2-1803.2\/"},{"id":72301,"section_number":"33.2-1819","catch_line":"Procurement","order_by":null,"url":"\/33.2-1819\/"}],"permalink":{"id":206835,"object_type":"law","relational_id":82571,"identifier":"33.2-1803.1","token":"33.2\/III\/18\/33.2-1803.1","url":"\/33.2-1803.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1803.1\/","token":"33.2\/III\/18\/33.2-1803.1","dublin_core":{"Title":"Finding of public interest","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1803.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to the meeting of the Committee pursuant to subsection C of § 33.2-1803.2<\/a>, the chief executive officer of the responsible public entity<\/span> shall make a finding<\/span> of public interest. Such finding<\/span> shall include information set forth in subsection B. For transportation facilities where the Department<\/span> of Transportation, the Virginia Passenger Rail Authority, or the Department<\/span> of Rail and Public Transportation<\/span> is the responsible public entity<\/span>, the Secretary<\/span> of Transportation, in his role as chairman of the Board<\/span>, must concur with the finding<\/span> of public interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At a minimum, a finding<\/span> of public interest shall contain the following information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A description of the benefits expected to be realized by the responsible public entity<\/span> through the development<\/span> and\/or operation<\/span> of the transportation facility<\/span>, including person throughput, congestion mitigation, safety, economic development<\/span>, environmental quality, and land use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An analysis of the public contribution necessary for the development<\/span> and\/or operation<\/span> of the facility or facilities pursuant to subsection A of § 33.2-1803.1:1<\/a>, including a maximum public contribution that will be allowed under the procurement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A description of the benefits expected to be realized by the responsible public entity<\/span> through the use of this chapter compared with the development<\/span> and\/or operation<\/span> of the transportation facility<\/span> through other options available to the responsible public entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement of the risks, liabilities, and responsibilities to be transferred, assigned, or assumed by the private entity<\/span>, which shall include the following:\n\t\t\t\ta. A discussion of whether revenue risk will be transferred to the private entity<\/span> and the degree to which any such transfer may be mitigated through other provisions in the interim or comprehensive agreements<\/span>;\n\t\t\t\tb. A description of the risks, liabilities, and responsibilities to be retained by the responsible public entity<\/span>; and\n\t\t\t\tc. Other items determined appropriate by the responsible public entity<\/span> in the guidelines for this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The determination of whether the project has a high, medium, or low level of project delivery risk and a description of how such determination was made. If the qualifying transportation facility<\/span> is determined to contain high risk, a description of how the public’s interest will be protected through the transfer, assignment, or assumption of risks or responsibilities by the private entity<\/span> in the event that issues<\/span> arise with the development<\/span> and\/or operation<\/span> of the qualifying transportation facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If the responsible public entity<\/span> proposes to enter into an interim or comprehensive agreement<\/span> pursuant to subdivision 2 of § 33.2-1819<\/a>, information and the rationale demonstrating that proceeding in this manner is more beneficial than proceeding pursuant to subdivision 1 of § 33.2-1819<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFINDING OF PUBLIC INTEREST (\u00a7 33.2-1803.1)\n\nA. Prior to the meeting of the Committee pursuant to subsection C of §\n33.2-1803.2, the chief executive officer of the responsible public entity shall\nmake a finding of public interest. Such finding shall include information set\nforth in subsection B. For transportation facilities where the Department of\nTransportation, the Virginia Passenger Rail Authority, or the Department of Rail\nand Public Transportation is the responsible public entity, the Secretary of\nTransportation, in his role as chairman of the Board, must concur with the\nfinding of public interest.\n\nB. At a minimum, a finding of public interest shall contain the following\ninformation:\n\n 1. A description of the benefits expected to be realized by the responsible\n public entity through the development and\/or operation of the transportation\n facility, including person throughput, congestion mitigation, safety, economic\n development, environmental quality, and land use.\n\n 2. An analysis of the public contribution necessary for the development and\/or\n operation of the facility or facilities pursuant to subsection A of §\n 33.2-1803.1:1, including a maximum public contribution that will be allowed\n under the procurement.\n\n 3. A description of the benefits expected to be realized by the responsible\n public entity through the use of this chapter compared with the development\n and\/or operation of the transportation facility through other options\n available to the responsible public entity.\n\n 4. A statement of the risks, liabilities, and responsibilities to be\n transferred, assigned, or assumed by the private entity, which shall include\n the following:\n \t\t\t\ta. A discussion of whether revenue risk will be transferred to the private\n entity and the degree to which any such transfer may be mitigated through\n other provisions in the interim or comprehensive agreements;\n \t\t\t\tb. A description of the risks, liabilities, and responsibilities to be\n retained by the responsible public entity; and\n \t\t\t\tc. Other items determined appropriate by the responsible public entity in\n the guidelines for this chapter.\n\n 5. The determination of whether the project has a high, medium, or low level\n of project delivery risk and a description of how such determination was made.\n If the qualifying transportation facility is determined to contain high risk,\n a description of how the public’s interest will be protected through the\n transfer, assignment, or assumption of risks or responsibilities by the\n private entity in the event that issues arise with the development and\/or\n operation of the qualifying transportation facility.\n\n 6. If the responsible public entity proposes to enter into an interim or\n comprehensive agreement pursuant to subdivision 2 of § 33.2-1819,\n information and the rationale demonstrating that proceeding in this manner is\n more beneficial than proceeding pursuant to subdivision 1 of § 33.2-1819.\n\nHISTORY: 2015, c. 612; 2017, cc. 539, 551; 2020, cc. 1230, 1275.","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}}