{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1803.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1803.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1803.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1803.html"}],"law_id":87041,"edition_id":1,"section_id":87041,"structure_id":13500,"section_number":"33.2-1803","catch_line":"Approval by the responsible public entity","history":"1994, c. 855, \u00a7 56-560; 1995, c. 647; 2003, c. 289; 2005, cc. 504, 562;  2006, c. 922; 2008, c. 296; 2014, cc. 474, 805; 2015, c. 612; 2017, cc. 539, 551; 2020, cc. 1230, 1275.","full_text":"A\n\nThe private entity may request approval by the responsible public entity. Any such request shall be accompanied by the following material and information unless waived by the responsible public entity in its guidelines or other instructions given, in writing, to the private entity with respect to the transportation facility or facilities that the private entity proposes to develop and\/or operate as a qualifying transportation facility:1\n\nA topographic map (1:2,000 or other appropriate scale) indicating the location of the transportation facility or facilities;2\n\nA description of the transportation facility or facilities, including the conceptual design of such facility or facilities and all proposed interconnections with other transportation facilities;3\n\nThe proposed date for development and\/or operation of the transportation facility or facilities along with an estimate of the life-cycle cost of the transportation facility as proposed;4\n\nA statement setting forth the method by which the private entity proposes to secure any property interests required for the transportation facility or facilities;5\n\nInformation relating to the current transportation plans, if any, of each affected locality or public entity;6\n\nA list of all permits and approvals required for developing and\/or operating improvements to the transportation facility or facilities from local, state, or federal agencies and a projected schedule for obtaining such permits and approvals;7\n\nA list of public utility&#8217;s, locality&#8217;s, or political subdivision&#8217;s facilities, if any, that will be crossed by the transportation facility or facilities and a statement of the plans of the private entity to accommodate such crossings;8\n\nA statement setting forth the private entity&#8217;s general plans for developing and\/or operating the transportation facility or facilities, including identification of any revenue, public or private, or proposed debt or equity investment or concession proposed by the private entity;9\n\nThe names and addresses of the persons who may be contacted for further information concerning the request;10\n\nInformation on how the private entity&#8217;s proposal will address the needs identified in the appropriate state, regional, or local transportation plan by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof;11\n\nA statement of the risks, liabilities, and responsibilities to be transferred, assigned, or assumed by the private entity for the development and\/or operation of the transportation facility, including revenue risk and operations and maintenance; and12\n\nSuch additional material and information as the responsible public entity may reasonably request pursuant to its guidelines or other written instructions.B\n\nThe responsible public entity may request proposals from private entities for the development and\/or operation of transportation facilities subject to the following:1\n\nFor 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 Transportation Public-Private Partnership Steering Committee established pursuant to &#xA7; 33.2-1803.2 has determined that moving forward with the development and\/or operation of the facility pursuant to this article serves the best interest of the public.2\n\nA finding of public interest pursuant to &#xA7; 33.2-1803.1 has been issued by the responsible public entity.3\n\nThe responsible public entity shall not charge a fee to cover the costs of processing, reviewing, and evaluating proposals received in response to such requests.C\n\nThe responsible public entity may grant approval of the development and\/or operation of the transportation facility or facilities as a qualifying transportation facility if the responsible public entity determines that it is in the best interest of the public. The responsible public entity may determine that the development and\/or operation of the transportation facility or facilities as a qualifying transportation facility serves the best interest of the public if:1\n\nThe private entity can develop and\/or operate the transportation facility or facilities with a public contribution amount that is less than the maximum public contribution determined pursuant to subsection A of &#xA7; 33.2-1803.1:1 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;2\n\nThere is a public need for the transportation facility or facilities the private entity proposes to develop and\/or operate as a qualifying transportation facility and for transportation facilities where the Department of Transportation or the Department of Rail and Public Transportation is the responsible public entity, such facility or facilities meet a need included in the plan developed pursuant to &#xA7; 33.2-353;3\n\nThe plan for the development and\/or operation of the transportation facility or facilities is anticipated to have significant benefits as determined pursuant to subdivision B 1 of &#xA7; 33.2-1803.1;4\n\nThe private entity&#8217;s plans will result in the timely development and\/or operation of the transportation facility or facilities or their more efficient operation; and5\n\nThe risks, liabilities, and responsibilities transferred, assigned, or assumed by the private entity provide sufficient benefits to the public to not proceed with the development and\/or operation of the transportation facility through other means of procurement available to the responsible public entity.\n\t\t\t\tIn evaluating any request, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.D\n\nThe responsible public entity shall not enter into a comprehensive agreement unless the chief executive officer of the responsible public entity certifies in writing to the Governor and the General Assembly that:1\n\nThe finding of public interest issued pursuant to &#xA7; 33.2-1803.1 is still valid;2\n\nThe transfer, assignment, and assumption of risks, liabilities, and permitting responsibilities and the mitigation of revenue risk by the private sector have not materially changed since the finding of public interest was issued pursuant to &#xA7; 33.2-1803.1; and3\n\nThe public contribution requested by the private entity does not exceed the maximum public contribution determined pursuant to subsection A of &#xA7; 33.2-1803.1:1.\n\t\t\t\tChanges to the project scope that do not impact the assignment of risks or liabilities or the mitigation of revenue risk shall not be considered material changes to the finding of public interest, provided that such changes were presented in a public meeting to the Commonwealth Transportation Board, other state board, or the governing body of a locality, as appropriate.E\n\nThe responsible public entity may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the request submitted by a private entity pursuant to subsection A, including reasonable attorney fees and fees for financial and other necessary advisors or consultants. The responsible public entity shall also develop guidelines that establish the process for the acceptance and review of a proposal from a private entity pursuant to subsections A, B, C, and D. Such guidelines shall establish a specific schedule for review of the proposal by the responsible public entity, a process for alteration of that schedule by the responsible public entity if it deems that changes are necessary because of the scope or complexity of proposals it receives, the process for receipt and review of competing proposals, and the type and amount of information that is necessary for adequate review of proposals in each stage of review. For qualifying transportation facilities that have approved or pending state and federal environmental clearances, have secured significant right-of-way, have previously allocated significant state or federal funding, or exhibit other circumstances that could reasonably reduce the amount of time to develop and\/or operate the qualifying transportation facility in accordance with the purpose of this chapter, the guidelines shall provide for a prioritized documentation, review, and selection process.F\n\nThe approval of the responsible public entity shall be subject to the private entity&#8217;s entering into an interim agreement or a comprehensive agreement with the responsible public entity. For any project with an estimated construction cost of over $50 million, the responsible public entity also shall require the private entity to pay the costs for an independent audit of any and all traffic and cost estimates associated with the private entity&#8217;s proposal, as well as a review of all public costs and potential liabilities to which taxpayers could be exposed (including improvements to other transportation facilities that may be needed as a result of the proposal, failure by the private entity to reimburse the responsible public entity for services provided, and potential risk and liability in the event the private entity defaults on the comprehensive agreement or on bonds issued for the project). This independent audit shall be conducted by an independent consultant selected by the responsible public entity, and all such information from such review shall be fully disclosed.G\n\nIn connection with its approval of the development and\/or operation of the transportation facility or facilities as a qualifying transportation facility, the responsible public entity shall establish a date for the acquisition of or the beginning of construction of or improvements to the qualifying transportation facility. The responsible public entity may extend such date.H\n\nThe responsible public entity shall take appropriate action, as more specifically set forth in its guidelines, to protect confidential and proprietary information provided by the private entity pursuant to an agreement under subdivision 11 of &#xA7; 2.2-3705.6.I\n\nThe responsible public entity may also apply for, execute, and\/or endorse applications submitted by private entities to obtain federal credit assistance for qualifying projects developed and\/or operated pursuant to this chapter.","order_by":null,"text":{"0":{"id":311645,"text":"The private entity may request approval by the responsible public entity. Any such request shall be accompanied by the following material and information unless waived by the responsible public entity in its guidelines or other instructions given, in writing, to the private entity with respect to the transportation facility or facilities that the private entity proposes to develop and\/or operate as a qualifying transportation facility:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":311646,"text":"A topographic map (1:2,000 or other appropriate scale) indicating the location of the transportation facility or facilities;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":311647,"text":"A description of the transportation facility or facilities, including the conceptual design of such facility or facilities and all proposed interconnections with other transportation facilities;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":311648,"text":"The proposed date for development and\/or operation of the transportation facility or facilities along with an estimate of the life-cycle cost of the transportation facility as proposed;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":311649,"text":"A statement setting forth the method by which the private entity proposes to secure any property interests required for the transportation facility or facilities;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":311650,"text":"Information relating to the current transportation plans, if any, of each affected locality or public entity;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":311651,"text":"A list of all permits and approvals required for developing and\/or operating improvements to the transportation facility or facilities from local, state, or federal agencies and a projected schedule for obtaining such permits and approvals;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":311652,"text":"A list of public utility&#8217;s, locality&#8217;s, or political subdivision&#8217;s facilities, if any, that will be crossed by the transportation facility or facilities and a statement of the plans of the private entity to accommodate such crossings;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":311653,"text":"A statement setting forth the private entity&#8217;s general plans for developing and\/or operating the transportation facility or facilities, including identification of any revenue, public or private, or proposed debt or equity investment or concession proposed by the private entity;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":311654,"text":"The names and addresses of the persons who may be contacted for further information concerning the request;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":311655,"text":"Information on how the private entity&#8217;s proposal will address the needs identified in the appropriate state, regional, or local transportation plan by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":311656,"text":"A statement of the risks, liabilities, and responsibilities to be transferred, assigned, or assumed by the private entity for the development and\/or operation of the transportation facility, including revenue risk and operations and maintenance; and","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":311657,"text":"Such additional material and information as the responsible public entity may reasonably request pursuant to its guidelines or other written instructions.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"B"},"13":{"id":311658,"text":"The responsible public entity may request proposals from private entities for the development and\/or operation of transportation facilities subject to the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A12","next_prefix":"B1"},"14":{"id":311659,"text":"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 Transportation Public-Private Partnership Steering Committee established pursuant to &#xA7; 33.2-1803.2 has determined that moving forward with the development and\/or operation of the facility pursuant to this article serves the best interest of the public.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"15":{"id":311660,"text":"A finding of public interest pursuant to &#xA7; 33.2-1803.1 has been issued by the responsible public entity.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"16":{"id":311661,"text":"The responsible public entity shall not charge a fee to cover the costs of processing, reviewing, and evaluating proposals received in response to such requests.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"17":{"id":311662,"text":"The responsible public entity may grant approval of the development and\/or operation of the transportation facility or facilities as a qualifying transportation facility if the responsible public entity determines that it is in the best interest of the public. The responsible public entity may determine that the development and\/or operation of the transportation facility or facilities as a qualifying transportation facility serves the best interest of the public if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"18":{"id":311663,"text":"The private entity can develop and\/or operate the transportation facility or facilities with a public contribution amount that is less than the maximum public contribution determined pursuant to subsection A of &#xA7; 33.2-1803.1:1 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;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"19":{"id":311664,"text":"There is a public need for the transportation facility or facilities the private entity proposes to develop and\/or operate as a qualifying transportation facility and for transportation facilities where the Department of Transportation or the Department of Rail and Public Transportation is the responsible public entity, such facility or facilities meet a need included in the plan developed pursuant to &#xA7; 33.2-353;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"20":{"id":311665,"text":"The plan for the development and\/or operation of the transportation facility or facilities is anticipated to have significant benefits as determined pursuant to subdivision B 1 of &#xA7; 33.2-1803.1;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"21":{"id":311666,"text":"The private entity&#8217;s plans will result in the timely development and\/or operation of the transportation facility or facilities or their more efficient operation; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"22":{"id":311667,"text":"The risks, liabilities, and responsibilities transferred, assigned, or assumed by the private entity provide sufficient benefits to the public to not proceed with the development and\/or operation of the transportation facility through other means of procurement available to the responsible public entity.\n\t\t\t\tIn evaluating any request, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"23":{"id":311668,"text":"The responsible public entity shall not enter into a comprehensive agreement unless the chief executive officer of the responsible public entity certifies in writing to the Governor and the General Assembly that:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"D1"},"24":{"id":311669,"text":"The finding of public interest issued pursuant to &#xA7; 33.2-1803.1 is still valid;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"25":{"id":311670,"text":"The transfer, assignment, and assumption of risks, liabilities, and permitting responsibilities and the mitigation of revenue risk by the private sector have not materially changed since the finding of public interest was issued pursuant to &#xA7; 33.2-1803.1; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"26":{"id":311671,"text":"The public contribution requested by the private entity does not exceed the maximum public contribution determined pursuant to subsection A of &#xA7; 33.2-1803.1:1.\n\t\t\t\tChanges to the project scope that do not impact the assignment of risks or liabilities or the mitigation of revenue risk shall not be considered material changes to the finding of public interest, provided that such changes were presented in a public meeting to the Commonwealth Transportation Board, other state board, or the governing body of a locality, as appropriate.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"27":{"id":311672,"text":"The responsible public entity may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the request submitted by a private entity pursuant to subsection A, including reasonable attorney fees and fees for financial and other necessary advisors or consultants. The responsible public entity shall also develop guidelines that establish the process for the acceptance and review of a proposal from a private entity pursuant to subsections A, B, C, and D. Such guidelines shall establish a specific schedule for review of the proposal by the responsible public entity, a process for alteration of that schedule by the responsible public entity if it deems that changes are necessary because of the scope or complexity of proposals it receives, the process for receipt and review of competing proposals, and the type and amount of information that is necessary for adequate review of proposals in each stage of review. For qualifying transportation facilities that have approved or pending state and federal environmental clearances, have secured significant right-of-way, have previously allocated significant state or federal funding, or exhibit other circumstances that could reasonably reduce the amount of time to develop and\/or operate the qualifying transportation facility in accordance with the purpose of this chapter, the guidelines shall provide for a prioritized documentation, review, and selection process.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"28":{"id":311673,"text":"The approval of the responsible public entity shall be subject to the private entity&#8217;s entering into an interim agreement or a comprehensive agreement with the responsible public entity. For any project with an estimated construction cost of over $50 million, the responsible public entity also shall require the private entity to pay the costs for an independent audit of any and all traffic and cost estimates associated with the private entity&#8217;s proposal, as well as a review of all public costs and potential liabilities to which taxpayers could be exposed (including improvements to other transportation facilities that may be needed as a result of the proposal, failure by the private entity to reimburse the responsible public entity for services provided, and potential risk and liability in the event the private entity defaults on the comprehensive agreement or on bonds issued for the project). This independent audit shall be conducted by an independent consultant selected by the responsible public entity, and all such information from such review shall be fully disclosed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"29":{"id":311674,"text":"In connection with its approval of the development and\/or operation of the transportation facility or facilities as a qualifying transportation facility, the responsible public entity shall establish a date for the acquisition of or the beginning of construction of or improvements to the qualifying transportation facility. The responsible public entity may extend such date.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"30":{"id":311675,"text":"The responsible public entity shall take appropriate action, as more specifically set forth in its guidelines, to protect confidential and proprietary information provided by the private entity pursuant to an agreement under subdivision 11 of &#xA7; 2.2-3705.6.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"31":{"id":311676,"text":"The responsible public entity may also apply for, execute, and\/or endorse applications submitted by private entities to obtain federal credit assistance for qualifying projects developed and\/or operated pursuant to this chapter.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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 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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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1803\/","history_text":"<p>This law was first created in 1994. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0855\">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 9 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 <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0647\">647<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0289\">289<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0504\">504<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0562\">562<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0922\">922<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0296\">296<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0474\">474<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0612\">612<\/a>; in 2017, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0539\">539<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0551\">551<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1230\">1230<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1275\">1275<\/a>.<\/p>","references":[{"id":54467,"section_number":"33.2-1801","catch_line":"Policy","order_by":null,"url":"\/33.2-1801\/"},{"id":71783,"section_number":"33.2-1802","catch_line":"Prerequisite for operation","order_by":null,"url":"\/33.2-1802\/"},{"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":65908,"section_number":"33.2-1805","catch_line":"Affected localities or public entities","order_by":null,"url":"\/33.2-1805\/"},{"id":86910,"section_number":"33.2-1810","catch_line":"Multiple public entities","order_by":null,"url":"\/33.2-1810\/"},{"id":55286,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","order_by":null,"url":"\/33.2-1820\/"}],"refers_to":[{"id":82571,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","order_by":null,"url":"\/33.2-1803.1\/"},{"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":71190,"section_number":"33.2-353","catch_line":"Commonwealth Transportation Board to develop and update Statewide Transportation Plan","order_by":null,"url":"\/33.2-353\/"}],"permalink":{"id":206831,"object_type":"law","relational_id":87041,"identifier":"33.2-1803","token":"33.2\/III\/18\/33.2-1803","url":"\/33.2-1803\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1803\/","token":"33.2\/III\/18\/33.2-1803","dublin_core":{"Title":"Approval by the responsible public entity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1803","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">private entity<\/span> may request approval by the <span class=\"dictionary\">responsible public entity<\/span>. Any such request shall be accompanied by the following <span class=\"dictionary\">material<\/span> and information unless waived by the <span class=\"dictionary\">responsible public entity<\/span> in its guidelines or other instructions given, in writing, to the <span class=\"dictionary\">private entity<\/span> with respect to the transportation facility or facilities that the <span class=\"dictionary\">private entity<\/span> proposes to <span class=\"dictionary\">develop<\/span> and\/or <span class=\"dictionary\">operate<\/span> as a <span class=\"dictionary\">qualifying transportation facility<\/span>: <a id=\"paragraph-311645\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> A topographic map (1:2,000 or other appropriate scale) indicating the location of the transportation facility or facilities; <a id=\"paragraph-311646\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A description of the transportation facility or facilities, including the conceptual design of such facility or facilities and all proposed interconnections with other transportation facilities; <a id=\"paragraph-311647\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The proposed date for <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the transportation facility or facilities along with an estimate of the life-cycle cost of the transportation facility as proposed; <a id=\"paragraph-311648\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> A statement setting forth the method by which the <span class=\"dictionary\">private entity<\/span> proposes to secure any property interests required for the transportation facility or facilities; <a id=\"paragraph-311649\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Information relating to the current transportation plans, if any, of each <span class=\"dictionary\">affected locality or public entity<\/span>; <a id=\"paragraph-311650\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> A list of all permits and approvals required for developing and\/or operating improvements to the transportation facility or facilities from local, <span class=\"dictionary\">state<\/span>, or federal agencies and a projected schedule for obtaining such permits and approvals; <a id=\"paragraph-311651\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> A list of public utility&#8217;s, locality&#8217;s, or political subdivision&#8217;s facilities, if any, that will be crossed by the transportation facility or facilities and a statement of the plans of the <span class=\"dictionary\">private entity<\/span> to accommodate such crossings; <a id=\"paragraph-311652\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A8\" class=\"indent-1\"><p><span class=\"prefix-number\">8.<\/span> A statement setting forth the <span class=\"dictionary\">private entity<\/span>&#8217;s general plans for developing and\/or operating the transportation facility or facilities, including identification of any revenue, public or private, or proposed debt or <span class=\"dictionary\">equity<\/span> investment or <span class=\"dictionary\">concession<\/span> proposed by the <span class=\"dictionary\">private entity<\/span>; <a id=\"paragraph-311653\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A9\" class=\"indent-1\"><p><span class=\"prefix-number\">9.<\/span> The names and addresses of the persons who may be contacted for further information concerning the request; <a id=\"paragraph-311654\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A10\" class=\"indent-1\"><p><span class=\"prefix-number\">10.<\/span> Information on how the <span class=\"dictionary\">private entity<\/span>&#8217;s proposal will address the needs identified in the appropriate <span class=\"dictionary\">state<\/span>, regional, or local transportation plan by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof; <a id=\"paragraph-311655\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A11\" class=\"indent-1\"><p><span class=\"prefix-number\">11.<\/span> A statement of the risks, liabilities, and responsibilities to be transferred, assigned, or assumed by the <span class=\"dictionary\">private entity<\/span> for the <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the transportation facility, including revenue risk and <span class=\"dictionary\">operations<\/span> and <span class=\"dictionary\">maintenance<\/span>; and <a id=\"paragraph-311656\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A12\" class=\"indent-1\"><p><span class=\"prefix-number\">12.<\/span> Such additional <span class=\"dictionary\">material<\/span> and information as the <span class=\"dictionary\">responsible public entity<\/span> may reasonably request pursuant to its guidelines or other written instructions. <a id=\"paragraph-311657\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#A12\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">responsible public entity<\/span> may request proposals from private entities for the <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of transportation facilities subject to the following: <a id=\"paragraph-311658\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> For transportation facilities where the <span class=\"dictionary\">Department<\/span> of Transportation, the Virginia Passenger Rail Authority, or the <span class=\"dictionary\">Department<\/span> of Rail and <span class=\"dictionary\">Public Transportation<\/span> is the <span class=\"dictionary\">responsible public entity<\/span>, the Transportation Public-Private Partnership Steering Committee established pursuant to &#xA7; <a class=\"law\" title=\"Transportation Public-Private Partnership Steering Committee\" href=\"\/33.2-1803.2\/\">33.2-1803.2<\/a> has determined that moving forward with the <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the facility pursuant to this article serves the best interest of the public. <a id=\"paragraph-311659\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A <span class=\"dictionary\">finding<\/span> of public interest pursuant to &#xA7; <a class=\"law\" title=\"Finding of public interest\" href=\"\/33.2-1803.1\/\">33.2-1803.1<\/a> has been issued by the <span class=\"dictionary\">responsible public entity<\/span>. <a id=\"paragraph-311660\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">responsible public entity<\/span> shall not charge a fee to cover the costs of processing, reviewing, and evaluating proposals received in response to such requests. <a id=\"paragraph-311661\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">responsible public entity<\/span> may grant approval of the <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the transportation facility or facilities as a <span class=\"dictionary\">qualifying transportation facility<\/span> if the <span class=\"dictionary\">responsible public entity<\/span> determines that it is in the best interest of the public. The <span class=\"dictionary\">responsible public entity<\/span> may determine that the <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the transportation facility or facilities as a <span class=\"dictionary\">qualifying transportation facility<\/span> serves the best interest of the public if: <a id=\"paragraph-311662\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">private entity<\/span> can <span class=\"dictionary\">develop<\/span> and\/or <span class=\"dictionary\">operate<\/span> the transportation facility or facilities with a public contribution amount that is less than the maximum public contribution determined pursuant to subsection A of &#xA7; <a class=\"law\" title=\"Public sector analysis and competition\" href=\"\/33.2-1803.1_1\/\">33.2-1803.1:1<\/a> for transportation facilities where the <span class=\"dictionary\">Department<\/span> of Transportation, the Virginia Passenger Rail Authority, or the <span class=\"dictionary\">Department<\/span> of Rail and <span class=\"dictionary\">Public Transportation<\/span> is the <span class=\"dictionary\">responsible public entity<\/span>; <a id=\"paragraph-311663\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> There is a public need for the transportation facility or facilities the <span class=\"dictionary\">private entity<\/span> proposes to <span class=\"dictionary\">develop<\/span> and\/or <span class=\"dictionary\">operate<\/span> as a <span class=\"dictionary\">qualifying transportation facility<\/span> and for transportation facilities where the <span class=\"dictionary\">Department<\/span> of Transportation or the <span class=\"dictionary\">Department<\/span> of Rail and <span class=\"dictionary\">Public Transportation<\/span> is the <span class=\"dictionary\">responsible public entity<\/span>, such facility or facilities meet a need included in the plan developed pursuant to &#xA7; <a class=\"law\" title=\"Commonwealth Transportation Board to develop and update Statewide Transportation Plan\" href=\"\/33.2-353\/\">33.2-353<\/a>; <a id=\"paragraph-311664\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The plan for the <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the transportation facility or facilities is anticipated to have significant benefits as determined pursuant to subdivision B 1 of &#xA7; <a class=\"law\" title=\"Finding of public interest\" href=\"\/33.2-1803.1\/\">33.2-1803.1<\/a>; <a id=\"paragraph-311665\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The <span class=\"dictionary\">private entity<\/span>&#8217;s plans will result in the timely <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the transportation facility or facilities or their more efficient <span class=\"dictionary\">operation<\/span>; and <a id=\"paragraph-311666\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#C4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The risks, liabilities, and responsibilities transferred, assigned, or assumed by the <span class=\"dictionary\">private entity<\/span> provide sufficient benefits to the public to not proceed with the <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the transportation facility through other means of procurement available to the <span class=\"dictionary\">responsible public entity<\/span>.\n\t\t\t\tIn evaluating any request, the <span class=\"dictionary\">responsible public entity<\/span> may rely upon internal staff reports prepared by personnel familiar with the <span class=\"dictionary\">operation<\/span> of similar facilities or the advice of outside advisors or consultants having relevant experience. <a id=\"paragraph-311667\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#C5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">responsible public entity<\/span> shall not enter into a <span class=\"dictionary\">comprehensive agreement<\/span> unless the chief executive officer of the <span class=\"dictionary\">responsible public entity<\/span> certifies in writing to the Governor and the General Assembly that: <a id=\"paragraph-311668\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">finding<\/span> of public interest issued pursuant to &#xA7; <a class=\"law\" title=\"Finding of public interest\" href=\"\/33.2-1803.1\/\">33.2-1803.1<\/a> is still valid; <a id=\"paragraph-311669\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The transfer, assignment, and assumption of risks, liabilities, and permitting responsibilities and the mitigation of revenue risk by the private sector have not materially changed since the <span class=\"dictionary\">finding<\/span> of public interest was issued pursuant to &#xA7; <a class=\"law\" title=\"Finding of public interest\" href=\"\/33.2-1803.1\/\">33.2-1803.1<\/a>; and <a id=\"paragraph-311670\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The public contribution requested by the <span class=\"dictionary\">private entity<\/span> does not exceed the maximum public contribution determined pursuant to subsection A of &#xA7; <a class=\"law\" title=\"Public sector analysis and competition\" href=\"\/33.2-1803.1_1\/\">33.2-1803.1:1<\/a>.\n\t\t\t\tChanges to the project scope that do not impact the assignment of risks or liabilities or the mitigation of revenue risk shall not be considered <span class=\"dictionary\">material<\/span> changes to the <span class=\"dictionary\">finding<\/span> of public interest, provided that such changes were presented in a public meeting to the Commonwealth Transportation <span class=\"dictionary\">Board<\/span>, other <span class=\"dictionary\">state<\/span> <span class=\"dictionary\">board<\/span>, or the governing body of a locality, as appropriate. <a id=\"paragraph-311671\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">responsible public entity<\/span> may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the request submitted by a <span class=\"dictionary\">private entity<\/span> pursuant to subsection A, including reasonable attorney fees and fees for financial and other necessary advisors or consultants. The <span class=\"dictionary\">responsible public entity<\/span> shall also <span class=\"dictionary\">develop<\/span> guidelines that establish the process for the acceptance and review of a proposal from a <span class=\"dictionary\">private entity<\/span> pursuant to subsections A, B, C, and D. Such guidelines shall establish a specific schedule for review of the proposal by the <span class=\"dictionary\">responsible public entity<\/span>, a process for alteration of that schedule by the <span class=\"dictionary\">responsible public entity<\/span> if it deems that changes are necessary because of the scope or complexity of proposals it receives, the process for receipt and review of competing proposals, and the type and amount of information that is necessary for adequate review of proposals in each stage of review. For qualifying transportation facilities that have approved or pending <span class=\"dictionary\">state<\/span> and federal environmental clearances, have secured significant right-of-way, have previously allocated significant <span class=\"dictionary\">state<\/span> or federal funding, or exhibit other circumstances that could reasonably reduce the amount of time to <span class=\"dictionary\">develop<\/span> and\/or <span class=\"dictionary\">operate<\/span> the <span class=\"dictionary\">qualifying transportation facility<\/span> in accordance with the purpose of this chapter, the guidelines shall provide for a prioritized documentation, review, and selection process. <a id=\"paragraph-311672\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The approval of the <span class=\"dictionary\">responsible public entity<\/span> shall be subject to the <span class=\"dictionary\">private entity<\/span>&#8217;s entering into an <span class=\"dictionary\">interim agreement<\/span> or a <span class=\"dictionary\">comprehensive agreement<\/span> with the <span class=\"dictionary\">responsible public entity<\/span>. For any project with an estimated construction cost of over $50 million, the <span class=\"dictionary\">responsible public entity<\/span> also shall require the <span class=\"dictionary\">private entity<\/span> to pay the costs for an independent audit of any and all traffic and cost estimates associated with the <span class=\"dictionary\">private entity<\/span>&#8217;s proposal, as well as a review of all public costs and potential liabilities to which taxpayers could be exposed (including improvements to other transportation facilities that may be needed as a result of the proposal, failure by the <span class=\"dictionary\">private entity<\/span> to reimburse the <span class=\"dictionary\">responsible public entity<\/span> for services provided, and potential risk and liability in the event the <span class=\"dictionary\">private entity<\/span> <span class=\"dictionary\">defaults<\/span> on the <span class=\"dictionary\">comprehensive agreement<\/span> or on <span class=\"dictionary\">bonds<\/span> issued for the project). This independent audit shall be conducted by an independent consultant selected by the <span class=\"dictionary\">responsible public entity<\/span>, and all such information from such review shall be fully disclosed. <a id=\"paragraph-311673\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> In connection with its approval of the <span class=\"dictionary\">development<\/span> and\/or <span class=\"dictionary\">operation<\/span> of the transportation facility or facilities as a <span class=\"dictionary\">qualifying transportation facility<\/span>, the <span class=\"dictionary\">responsible public entity<\/span> shall establish a date for the acquisition of or the beginning of construction of or improvements to the <span class=\"dictionary\">qualifying transportation facility<\/span>. The <span class=\"dictionary\">responsible public entity<\/span> may extend such date. <a id=\"paragraph-311674\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> The <span class=\"dictionary\">responsible public entity<\/span> shall take appropriate action, as more specifically set forth in its guidelines, to protect confidential and proprietary information provided by the <span class=\"dictionary\">private entity<\/span> pursuant to an agreement under subdivision 11 of &#xA7; <a class=\"law\" title=\"Exclusions to application of chapter; proprietary records and trade secrets\" href=\"\/2.2-3705.6\/\">2.2-3705.6<\/a>. <a id=\"paragraph-311675\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> The <span class=\"dictionary\">responsible public entity<\/span> may also apply for, execute, and\/or endorse applications submitted by private entities to obtain federal credit assistance for qualifying projects developed and\/or operated pursuant to this chapter. <a id=\"paragraph-311676\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1803\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAPPROVAL BY THE RESPONSIBLE PUBLIC ENTITY (\u00a7 33.2-1803)\n\nA. The private entity may request approval by the responsible public entity. Any\nsuch request shall be accompanied by the following material and information\nunless waived by the responsible public entity in its guidelines or other\ninstructions given, in writing, to the private entity with respect to the\ntransportation facility or facilities that the private entity proposes to\ndevelop and\/or operate as a qualifying transportation facility:\n\n   1. A topographic map (1:2,000 or other appropriate scale) indicating the\n   location of the transportation facility or facilities;\n\n   2. A description of the transportation facility or facilities, including the\n   conceptual design of such facility or facilities and all proposed\n   interconnections with other transportation facilities;\n\n   3. The proposed date for development and\/or operation of the transportation\n   facility or facilities along with an estimate of the life-cycle cost of the\n   transportation facility as proposed;\n\n   4. A statement setting forth the method by which the private entity proposes\n   to secure any property interests required for the transportation facility or\n   facilities;\n\n   5. Information relating to the current transportation plans, if any, of each\n   affected locality or public entity;\n\n   6. A list of all permits and approvals required for developing and\/or\n   operating improvements to the transportation facility or facilities from\n   local, state, or federal agencies and a projected schedule for obtaining such\n   permits and approvals;\n\n   7. A list of public utility&#8217;s, locality&#8217;s, or political\n   subdivision&#8217;s facilities, if any, that will be crossed by the\n   transportation facility or facilities and a statement of the plans of the\n   private entity to accommodate such crossings;\n\n   8. A statement setting forth the private entity&#8217;s general plans for\n   developing and\/or operating the transportation facility or facilities,\n   including identification of any revenue, public or private, or proposed debt\n   or equity investment or concession proposed by the private entity;\n\n   9. The names and addresses of the persons who may be contacted for further\n   information concerning the request;\n\n   10. Information on how the private entity&#8217;s proposal will address the\n   needs identified in the appropriate state, regional, or local transportation\n   plan by improving safety, reducing congestion, increasing capacity, enhancing\n   economic efficiency, or any combination thereof;\n\n   11. A statement of the risks, liabilities, and responsibilities to be\n   transferred, assigned, or assumed by the private entity for the development\n   and\/or operation of the transportation facility, including revenue risk and\n   operations and maintenance; and\n\n   12. Such additional material and information as the responsible public entity\n   may reasonably request pursuant to its guidelines or other written\n   instructions.\n\nB. The responsible public entity may request proposals from private entities for\nthe development and\/or operation of transportation facilities subject to the\nfollowing:\n\n   1. For transportation facilities where the Department of Transportation, the\n   Virginia Passenger Rail Authority, or the Department of Rail and Public\n   Transportation is the responsible public entity, the Transportation\n   Public-Private Partnership Steering Committee established pursuant to &#xA7;\n   33.2-1803.2 has determined that moving forward with the development and\/or\n   operation of the facility pursuant to this article serves the best interest of\n   the public.\n\n   2. A finding of public interest pursuant to &#xA7; 33.2-1803.1 has been issued\n   by the responsible public entity.\n\n   3. The responsible public entity shall not charge a fee to cover the costs of\n   processing, reviewing, and evaluating proposals received in response to such\n   requests.\n\nC. The responsible public entity may grant approval of the development and\/or\noperation of the transportation facility or facilities as a qualifying\ntransportation facility if the responsible public entity determines that it is\nin the best interest of the public. The responsible public entity may determine\nthat the development and\/or operation of the transportation facility or\nfacilities as a qualifying transportation facility serves the best interest of\nthe public if:\n\n   1. The private entity can develop and\/or operate the transportation facility\n   or facilities with a public contribution amount that is less than the maximum\n   public contribution determined pursuant to subsection A of &#xA7;\n   33.2-1803.1:1 for transportation facilities where the Department of\n   Transportation, the Virginia Passenger Rail Authority, or the Department of\n   Rail and Public Transportation is the responsible public entity;\n\n   2. There is a public need for the transportation facility or facilities the\n   private entity proposes to develop and\/or operate as a qualifying\n   transportation facility and for transportation facilities where the Department\n   of Transportation or the Department of Rail and Public Transportation is the\n   responsible public entity, such facility or facilities meet a need included in\n   the plan developed pursuant to &#xA7; 33.2-353;\n\n   3. The plan for the development and\/or operation of the transportation\n   facility or facilities is anticipated to have significant benefits as\n   determined pursuant to subdivision B 1 of &#xA7; 33.2-1803.1;\n\n   4. The private entity&#8217;s plans will result in the timely development\n   and\/or operation of the transportation facility or facilities or their more\n   efficient operation; and\n\n   5. The risks, liabilities, and responsibilities transferred, assigned, or\n   assumed by the private entity provide sufficient benefits to the public to not\n   proceed with the development and\/or operation of the transportation facility\n   through other means of procurement available to the responsible public entity.\n   \t\t\t\tIn evaluating any request, the responsible public entity may rely upon\n   internal staff reports prepared by personnel familiar with the operation of\n   similar facilities or the advice of outside advisors or consultants having\n   relevant experience.\n\nD. The responsible public entity shall not enter into a comprehensive agreement\nunless the chief executive officer of the responsible public entity certifies in\nwriting to the Governor and the General Assembly that:\n\n   1. The finding of public interest issued pursuant to &#xA7; 33.2-1803.1 is\n   still valid;\n\n   2. The transfer, assignment, and assumption of risks, liabilities, and\n   permitting responsibilities and the mitigation of revenue risk by the private\n   sector have not materially changed since the finding of public interest was\n   issued pursuant to &#xA7; 33.2-1803.1; and\n\n   3. The public contribution requested by the private entity does not exceed the\n   maximum public contribution determined pursuant to subsection A of &#xA7;\n   33.2-1803.1:1.\n   \t\t\t\tChanges to the project scope that do not impact the assignment of risks or\n   liabilities or the mitigation of revenue risk shall not be considered material\n   changes to the finding of public interest, provided that such changes were\n   presented in a public meeting to the Commonwealth Transportation Board, other\n   state board, or the governing body of a locality, as appropriate.\n\nE. The responsible public entity may charge a reasonable fee to cover the costs\nof processing, reviewing, and evaluating the request submitted by a private\nentity pursuant to subsection A, including reasonable attorney fees and fees for\nfinancial and other necessary advisors or consultants. The responsible public\nentity shall also develop guidelines that establish the process for the\nacceptance and review of a proposal from a private entity pursuant to\nsubsections A, B, C, and D. Such guidelines shall establish a specific schedule\nfor review of the proposal by the responsible public entity, a process for\nalteration of that schedule by the responsible public entity if it deems that\nchanges are necessary because of the scope or complexity of proposals it\nreceives, the process for receipt and review of competing proposals, and the\ntype and amount of information that is necessary for adequate review of\nproposals in each stage of review. For qualifying transportation facilities that\nhave approved or pending state and federal environmental clearances, have\nsecured significant right-of-way, have previously allocated significant state or\nfederal funding, or exhibit other circumstances that could reasonably reduce the\namount of time to develop and\/or operate the qualifying transportation facility\nin accordance with the purpose of this chapter, the guidelines shall provide for\na prioritized documentation, review, and selection process.\n\nF. The approval of the responsible public entity shall be subject to the private\nentity&#8217;s entering into an interim agreement or a comprehensive agreement\nwith the responsible public entity. For any project with an estimated\nconstruction cost of over $50 million, the responsible public entity also shall\nrequire the private entity to pay the costs for an independent audit of any and\nall traffic and cost estimates associated with the private entity&#8217;s\nproposal, as well as a review of all public costs and potential liabilities to\nwhich taxpayers could be exposed (including improvements to other transportation\nfacilities that may be needed as a result of the proposal, failure by the\nprivate entity to reimburse the responsible public entity for services provided,\nand potential risk and liability in the event the private entity defaults on the\ncomprehensive agreement or on bonds issued for the project). This independent\naudit shall be conducted by an independent consultant selected by the\nresponsible public entity, and all such information from such review shall be\nfully disclosed.\n\nG. In connection with its approval of the development and\/or operation of the\ntransportation facility or facilities as a qualifying transportation facility,\nthe responsible public entity shall establish a date for the acquisition of or\nthe beginning of construction of or improvements to the qualifying\ntransportation facility. The responsible public entity may extend such date.\n\nH. The responsible public entity shall take appropriate action, as more\nspecifically set forth in its guidelines, to protect confidential and\nproprietary information provided by the private entity pursuant to an agreement\nunder subdivision 11 of &#xA7; 2.2-3705.6.\n\nI. The responsible public entity may also apply for, execute, and\/or endorse\napplications submitted by private entities to obtain federal credit assistance\nfor qualifying projects developed and\/or operated pursuant to this chapter.\n\nHISTORY: 1994, c. 855, \u00a7 56-560; 1995, c. 647; 2003, c. 289; 2005, cc. 504,\n562;  2006, c. 922; 2008, c. 296; 2014, cc. 474, 805; 2015, c. 612; 2017, cc.\n539, 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}}