{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1803.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1803.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1803.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1803.1_1.html"}],"law_id":68237,"edition_id":1,"section_id":68237,"structure_id":13500,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","history":"2017, cc. 539, 551; 2020, cc. 1230, 1275.","full_text":"A\n\nFor any transportation facility under consideration for development and\/or operation under this chapter by the Department of Transportation, the Virginia Passenger Rail Authority, or the Department of Rail and Public Transportation, the responsible public entity shall ensure competition throughout the procurement process by developing a public sector option based on the analysis conducted in subsection B. The public sector option shall identify a maximum public contribution.B\n\nThe responsible public entity shall undertake, in cooperation with the Secretary of Transportation and the Secretary of Finance, a public sector analysis of the cost for the responsible entity to develop and\/or operate the transportation facility or facilities being considered for development and\/or operation pursuant to this chapter. At a minimum, such analysis shall contain the following information:1\n\nAny mitigation of risk of user-fee financing through assumptions related to competing facilities, compensation for high usage of the facility by high-occupancy vehicles, or other considerations that may mitigate the risk of user-fee financing.2\n\nWhether the Department of Transportation, the Virginia Passenger Rail Authority, or the Department of Rail and Public Transportation intends to maintain and operate the facility, or if the public sector option is based on the transfer of such responsibilities to the private sector.3\n\nPublic contribution, if any, that would still be required to cover all costs necessary for the development and\/or operation of the transportation facility in excess of financing available should the General Assembly authorize the use of debt secured by a pledge of net revenues derived from rates, fees, or other charges and the full faith and credit of the Commonwealth pursuant to Article X, Section 9 (c) of the Constitution of Virginia.4\n\nFunds provided to support nonuser fee generating components of the project that contribute to the benefits expected to be realized from the transportation facility pursuant to subdivision B 1 of § 33.2-1803.1.","order_by":null,"text":{"0":{"id":246934,"text":"For any transportation facility under consideration for development and\/or operation under this chapter by the Department of Transportation, the Virginia Passenger Rail Authority, or the Department of Rail and Public Transportation, the responsible public entity shall ensure competition throughout the procurement process by developing a public sector option based on the analysis conducted in subsection B. The public sector option shall identify a maximum public contribution.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246935,"text":"The responsible public entity shall undertake, in cooperation with the Secretary of Transportation and the Secretary of Finance, a public sector analysis of the cost for the responsible entity to develop and\/or operate the transportation facility or facilities being considered for development and\/or operation pursuant to this chapter. At a minimum, such analysis 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":246936,"text":"Any mitigation of risk of user-fee financing through assumptions related to competing facilities, compensation for high usage of the facility by high-occupancy vehicles, or other considerations that may mitigate the risk of user-fee financing.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":246937,"text":"Whether the Department of Transportation, the Virginia Passenger Rail Authority, or the Department of Rail and Public Transportation intends to maintain and operate the facility, or if the public sector option is based on the transfer of such responsibilities to the private sector.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":246938,"text":"Public contribution, if any, that would still be required to cover all costs necessary for the development and\/or operation of the transportation facility in excess of financing available should the General Assembly authorize the use of debt secured by a pledge of net revenues derived from rates, fees, or other charges and the full faith and credit of the Commonwealth pursuant to Article X, Section 9 (c) of the Constitution of Virginia.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":246939,"text":"Funds provided to support nonuser fee generating components of the project that contribute to the benefits expected to be realized from the transportation facility pursuant to subdivision B 1 of § 33.2-1803.1.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3"}},"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 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interest","url":"\/33.2-1803.1\/","token":"33.2\/III\/18\/33.2-1803.1","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1803.1:1\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 539<\/a> and 551<\/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 1 time. 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. That modification is as follows: 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":82571,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","order_by":null,"url":"\/33.2-1803.1\/"},{"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":82571,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","order_by":null,"url":"\/33.2-1803.1\/"}],"permalink":{"id":206839,"object_type":"law","relational_id":68237,"identifier":"33.2-1803.1:1","token":"33.2\/III\/18\/33.2-1803.1_1","url":"\/33.2-1803.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1803.1_1\/","token":"33.2\/III\/18\/33.2-1803.1_1","dublin_core":{"Title":"Public sector analysis and competition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1803.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For any transportation facility<\/span> under consideration for development<\/span> and\/or operation<\/span> under this chapter by the Department<\/span> of Transportation, the Virginia Passenger Rail Authority, or the Department<\/span> of Rail and Public Transportation<\/span>, the responsible public entity<\/span> shall ensure competition throughout the procurement process by developing a public sector option based on the analysis conducted in subsection B. The public sector option shall identify a maximum public contribution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The responsible public entity<\/span> shall undertake, in cooperation with the Secretary<\/span> of Transportation and the Secretary<\/span> of Finance, a public sector analysis of the cost for the responsible entity to develop<\/span> and\/or operate<\/span> the transportation facility<\/span> or facilities being considered for development<\/span> and\/or operation<\/span> pursuant to this chapter. At a minimum, such analysis shall contain the following information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any mitigation of risk of user-fee financing through assumptions related to competing facilities, compensation for high usage of the facility by high-occupancy vehicles, or other considerations that may mitigate the risk of user-fee financing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whether the Department<\/span> of Transportation, the Virginia Passenger Rail Authority, or the Department<\/span> of Rail and Public Transportation<\/span> intends to maintain and operate<\/span> the facility, or if the public sector option is based on the transfer of such responsibilities to the private sector. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Public contribution, if any, that would still be required to cover all costs necessary for the development<\/span> and\/or operation<\/span> of the transportation facility<\/span> in excess of financing available should the General Assembly authorize the use of debt secured by a pledge of net revenues<\/span> derived from rates, fees, or other charges and the full faith and credit of the Commonwealth pursuant to Article X, Section 9 (c) of the Constitution of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Funds provided to support nonuser fee generating components of the project that contribute to the benefits expected to be realized from the transportation facility<\/span> pursuant to subdivision B 1 of § 33.2-1803.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUBLIC SECTOR ANALYSIS AND COMPETITION (\u00a7 33.2-1803.1:1)\n\nA. For any transportation facility under consideration for development and\/or\noperation under this chapter by the Department of Transportation, the Virginia\nPassenger Rail Authority, or the Department of Rail and Public Transportation,\nthe responsible public entity shall ensure competition throughout the\nprocurement process by developing a public sector option based on the analysis\nconducted in subsection B. The public sector option shall identify a maximum\npublic contribution.\n\nB. The responsible public entity shall undertake, in cooperation with the\nSecretary of Transportation and the Secretary of Finance, a public sector\nanalysis of the cost for the responsible entity to develop and\/or operate the\ntransportation facility or facilities being considered for development and\/or\noperation pursuant to this chapter. At a minimum, such analysis shall contain\nthe following information:\n\n 1. Any mitigation of risk of user-fee financing through assumptions related to\n competing facilities, compensation for high usage of the facility by\n high-occupancy vehicles, or other considerations that may mitigate the risk of\n user-fee financing.\n\n 2. Whether the Department of Transportation, the Virginia Passenger Rail\n Authority, or the Department of Rail and Public Transportation intends to\n maintain and operate the facility, or if the public sector option is based on\n the transfer of such responsibilities to the private sector.\n\n 3. Public contribution, if any, that would still be required to cover all\n costs necessary for the development and\/or operation of the transportation\n facility in excess of financing available should the General Assembly\n authorize the use of debt secured by a pledge of net revenues derived from\n rates, fees, or other charges and the full faith and credit of the\n Commonwealth pursuant to Article X, Section 9 (c) of the Constitution of\n Virginia.\n\n 4. Funds provided to support nonuser fee generating components of the project\n that contribute to the benefits expected to be realized from the\n transportation facility pursuant to subdivision B 1 of § 33.2-1803.1.\n\nHISTORY: 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}}