{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1808.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1808.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1808.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1808.html"}],"law_id":67786,"edition_id":1,"section_id":67786,"structure_id":13500,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","history":"1994, c. 855, \u00a7 56-566; 1995, c. 647; 2005, cc. 504, 562; 2006, c. 922; 2014, c. 805; 2017, c. 511.","full_text":"A\n\nPrior to developing and\/or operating the qualifying transportation facility, the private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall, as appropriate, provide for:1\n\nDelivery of performance and payment bonds in connection with the development and\/or operation of the qualifying transportation facility, in the forms and amounts satisfactory to the responsible public entity;2\n\nReview of plans for the development and\/or operation of the qualifying transportation facility by the responsible public entity and approval by the responsible public entity if the plans conform to standards acceptable to the responsible public entity;3\n\nInspection of construction of or improvements to the qualifying transportation facility by the responsible public entity to ensure that such construction or improvements conform to the standards acceptable to the responsible public entity;4\n\nMaintenance of a policy or policies of public liability insurance (copies of which shall be filed with the responsible public entity accompanied by proofs of coverage) or self-insurance, each in form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying transportation facility;5\n\nMonitoring of the maintenance practices of the private entity by the responsible public entity and the taking of such actions as the responsible public entity finds appropriate to ensure that the qualifying transportation facility is properly maintained;6\n\nReimbursement to be paid to the responsible public entity for services provided by the responsible public entity;7\n\nFiling of appropriate financial statements in a form acceptable to the responsible public entity on a periodic basis;8\n\nCompensation to the private entity that may include a reasonable development fee, a reasonable maximum rate of return on investment, and\/or reimbursement of development expenses in the event of termination for convenience by the responsible public entity as agreed upon between the responsible public entity and the private entity;9\n\nThe date of termination of the private entity’s authority and duties under this chapter and dedication to the appropriate public entity; and10\n\nGuaranteed cost and completion guarantees related to the development and\/or operation of the qualified transportation facility and payment of damages for failure to meet the completion guarantee.B\n\nThe comprehensive agreement shall provide for such user fees as may be established by agreement of the parties. Any user fees shall be set at a level that takes into account any lease payments, service payments, and compensation to the private entity or as specified in the comprehensive agreement. A copy of any service contract shall be filed with the responsible public entity. A schedule of the current user fees shall be made available by the private entity to any member of the public on request. In negotiating user fees under this section, the parties shall establish fees that are the same for persons using the facility under like conditions except as required by agreement between the parties to preserve capacity and prevent congestion on the qualifying transportation facility. The execution of the comprehensive agreement or any amendment thereto shall constitute conclusive evidence that the user fees provided for therein comply with this chapter. User fees established in the comprehensive agreement as a source of revenues may be in addition to or in lieu of service payments.C\n\nIn the comprehensive agreement, the responsible public entity may agree to make grants or loans for the development and\/or operation of the qualifying transportation facility from amounts received from the federal government or any agency or instrumentality thereof.D\n\nThe comprehensive agreement shall incorporate the duties of the private entity under this chapter and may contain such other terms and conditions that the responsible public entity determines serve the public purpose of this chapter. Without limitation, the comprehensive agreement may contain provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity and the persons specified therein as providing financing for the qualifying transportation facility. The comprehensive agreement may contain such other lawful terms and conditions to which the private entity and the responsible public entity mutually agree, including provisions regarding unavoidable delays or provisions providing for a loan of public funds for the development and\/or operation of one or more qualifying transportation facilities.E\n\nThe comprehensive agreement shall provide for the distribution of any earnings in excess of the maximum rate of return as negotiated in the comprehensive agreement. Without limitation, excess earnings may be distributed to the Transportation Trust Fund, to the responsible public entity, or to the private entity for debt reduction or they may be shared with appropriate public entities. Any payments under a concession arrangement for which the Commonwealth is the responsible public entity shall be paid into the Transportation Trust Fund.F\n\nAny changes in the terms of the comprehensive agreement, as may be agreed upon by the parties, shall be added to the comprehensive agreement by written amendment.G\n\nNotwithstanding any contrary provision of this chapter, a responsible public entity may enter into a comprehensive agreement with multiple private entities if the responsible public entity determines in writing that it is in the public interest to do so.H\n\nThe comprehensive agreement may provide for the development and\/or operation of phases or segments of the qualifying transportation facility.I\n\nAny comprehensive agreement originally entered into on or after July 1, 2017, shall include, in consultation with the Virginia State Police, a provision requiring funding for adequate staffing by the Virginia State Police for general law enforcement services during both development and operation of the qualifying transportation facility. As used in this subsection, “adequate staffing” means a level of staffing in accordance with the September 2003 report, “A Review of the Patrol Staffing Formula” as developed pursuant to Item 459(g) of Chapter 1042 of the Acts of Assembly of 2003.","order_by":null,"text":{"0":{"id":245545,"text":"Prior to developing and\/or operating the qualifying transportation facility, the private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall, as appropriate, provide for:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":245546,"text":"Delivery of performance and payment bonds in connection with the development and\/or operation of the qualifying transportation facility, in the forms and amounts satisfactory to the responsible public entity;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":245547,"text":"Review of plans for the development and\/or operation of the qualifying transportation facility by the responsible public entity and approval by the responsible public entity if the plans conform to standards acceptable to the responsible public entity;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":245548,"text":"Inspection of construction of or improvements to the qualifying transportation facility by the responsible public entity to ensure that such construction or improvements conform to the standards acceptable to the responsible public entity;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":245549,"text":"Maintenance of a policy or policies of public liability insurance (copies of which shall be filed with the responsible public entity accompanied by proofs of coverage) or self-insurance, each in form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying transportation facility;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":245550,"text":"Monitoring of the maintenance practices of the private entity by the responsible public entity and the taking of such actions as the responsible public entity finds appropriate to ensure that the qualifying transportation facility is properly maintained;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":245551,"text":"Reimbursement to be paid to the responsible public entity for services provided by the responsible public entity;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":245552,"text":"Filing of appropriate financial statements in a form acceptable to the responsible public entity on a periodic basis;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":245553,"text":"Compensation to the private entity that may include a reasonable development fee, a reasonable maximum rate of return on investment, and\/or reimbursement of development expenses in the event of termination for convenience by the responsible public entity as agreed upon between the responsible public entity and 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":245554,"text":"The date of termination of the private entity’s authority and duties under this chapter and dedication to the appropriate public entity; and","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":245555,"text":"Guaranteed cost and completion guarantees related to the development and\/or operation of the qualified transportation facility and payment of damages for failure to meet the completion guarantee.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"B"},"11":{"id":245556,"text":"The comprehensive agreement shall provide for such user fees as may be established by agreement of the parties. Any user fees shall be set at a level that takes into account any lease payments, service payments, and compensation to the private entity or as specified in the comprehensive agreement. A copy of any service contract shall be filed with the responsible public entity. A schedule of the current user fees shall be made available by the private entity to any member of the public on request. In negotiating user fees under this section, the parties shall establish fees that are the same for persons using the facility under like conditions except as required by agreement between the parties to preserve capacity and prevent congestion on the qualifying transportation facility. The execution of the comprehensive agreement or any amendment thereto shall constitute conclusive evidence that the user fees provided for therein comply with this chapter. User fees established in the comprehensive agreement as a source of revenues may be in addition to or in lieu of service payments.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A10","next_prefix":"C"},"12":{"id":245557,"text":"In the comprehensive agreement, the responsible public entity may agree to make grants or loans for the development and\/or operation of the qualifying transportation facility from amounts received from the federal government or any agency or instrumentality thereof.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"13":{"id":245558,"text":"The comprehensive agreement shall incorporate the duties of the private entity under this chapter and may contain such other terms and conditions that the responsible public entity determines serve the public purpose of this chapter. Without limitation, the comprehensive agreement may contain provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity and the persons specified therein as providing financing for the qualifying transportation facility. The comprehensive agreement may contain such other lawful terms and conditions to which the private entity and the responsible public entity mutually agree, including provisions regarding unavoidable delays or provisions providing for a loan of public funds for the development and\/or operation of one or more qualifying transportation facilities.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"14":{"id":245559,"text":"The comprehensive agreement shall provide for the distribution of any earnings in excess of the maximum rate of return as negotiated in the comprehensive agreement. Without limitation, excess earnings may be distributed to the Transportation Trust Fund, to the responsible public entity, or to the private entity for debt reduction or they may be shared with appropriate public entities. Any payments under a concession arrangement for which the Commonwealth is the responsible public entity shall be paid into the Transportation Trust Fund.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"15":{"id":245560,"text":"Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties, shall be added to the comprehensive agreement by written amendment.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"16":{"id":245561,"text":"Notwithstanding any contrary provision of this chapter, a responsible public entity may enter into a comprehensive agreement with multiple private entities if the responsible public entity determines in writing that it is in the public interest to do so.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"17":{"id":245562,"text":"The comprehensive agreement may provide for the development and\/or operation of phases or segments of the qualifying transportation facility.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"18":{"id":245563,"text":"Any comprehensive agreement originally entered into on or after July 1, 2017, shall include, in consultation with the Virginia State Police, a provision requiring funding for adequate staffing by the Virginia State Police for general law enforcement services during both development and operation of the qualifying transportation facility. As used in this subsection, “adequate staffing” means a level of staffing in accordance with the September 2003 report, “A Review of the Patrol Staffing Formula” as developed pursuant to Item 459(g) of Chapter 1042 of the Acts of Assembly of 2003.","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 03:44:21","permalink":{"id":206483,"object_type":"structure","relational_id":13146,"identifier":"III","token":"33.2\/III","url":"\/33.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58174,"structure_id":13500,"section_number":"33.2-1800","catch_line":"Definitions","url":"\/33.2-1800\/","token":"33.2\/III\/18\/33.2-1800","metadata":false},{"id":54467,"structure_id":13500,"section_number":"33.2-1801","catch_line":"Policy","url":"\/33.2-1801\/","token":"33.2\/III\/18\/33.2-1801","metadata":false},{"id":71783,"structure_id":13500,"section_number":"33.2-1802","catch_line":"Prerequisite for operation","url":"\/33.2-1802\/","token":"33.2\/III\/18\/33.2-1802","metadata":false},{"id":87041,"structure_id":13500,"section_number":"33.2-1803","catch_line":"Approval by the responsible public entity","url":"\/33.2-1803\/","token":"33.2\/III\/18\/33.2-1803","metadata":false},{"id":82571,"structure_id":13500,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","url":"\/33.2-1803.1\/","token":"33.2\/III\/18\/33.2-1803.1","metadata":false},{"id":68237,"structure_id":13500,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","url":"\/33.2-1803.1_1\/","token":"33.2\/III\/18\/33.2-1803.1_1","metadata":false},{"id":80775,"structure_id":13500,"section_number":"33.2-1803.2","catch_line":"Transportation Public-Private Partnership Steering Committee","url":"\/33.2-1803.2\/","token":"33.2\/III\/18\/33.2-1803.2","metadata":false},{"id":85932,"structure_id":13500,"section_number":"33.2-1804","catch_line":"Service contracts","url":"\/33.2-1804\/","token":"33.2\/III\/18\/33.2-1804","metadata":false},{"id":65908,"structure_id":13500,"section_number":"33.2-1805","catch_line":"Affected localities or public entities","url":"\/33.2-1805\/","token":"33.2\/III\/18\/33.2-1805","metadata":false},{"id":84826,"structure_id":13500,"section_number":"33.2-1806","catch_line":"Dedication of public property","url":"\/33.2-1806\/","token":"33.2\/III\/18\/33.2-1806","metadata":false},{"id":60775,"structure_id":13500,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","url":"\/33.2-1807\/","token":"33.2\/III\/18\/33.2-1807","metadata":false},{"id":67786,"structure_id":13500,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","url":"\/33.2-1808\/","token":"33.2\/III\/18\/33.2-1808","metadata":false},{"id":84012,"structure_id":13500,"section_number":"33.2-1809","catch_line":"Interim agreement","url":"\/33.2-1809\/","token":"33.2\/III\/18\/33.2-1809","metadata":false},{"id":86910,"structure_id":13500,"section_number":"33.2-1810","catch_line":"Multiple public entities","url":"\/33.2-1810\/","token":"33.2\/III\/18\/33.2-1810","metadata":false},{"id":76088,"structure_id":13500,"section_number":"33.2-1811","catch_line":"Federal, state, and local assistance","url":"\/33.2-1811\/","token":"33.2\/III\/18\/33.2-1811","metadata":false},{"id":74906,"structure_id":13500,"section_number":"33.2-1812","catch_line":"Financing","url":"\/33.2-1812\/","token":"33.2\/III\/18\/33.2-1812","metadata":false},{"id":80530,"structure_id":13500,"section_number":"33.2-1813","catch_line":"Material default; remedies","url":"\/33.2-1813\/","token":"33.2\/III\/18\/33.2-1813","metadata":false},{"id":67019,"structure_id":13500,"section_number":"33.2-1814","catch_line":"Condemnation","url":"\/33.2-1814\/","token":"33.2\/III\/18\/33.2-1814","metadata":false},{"id":73567,"structure_id":13500,"section_number":"33.2-1815","catch_line":"Utility crossings","url":"\/33.2-1815\/","token":"33.2\/III\/18\/33.2-1815","metadata":false},{"id":79555,"structure_id":13500,"section_number":"33.2-1816","catch_line":"Police powers; violations of law","url":"\/33.2-1816\/","token":"33.2\/III\/18\/33.2-1816","metadata":false},{"id":82536,"structure_id":13500,"section_number":"33.2-1817","catch_line":"Dedication of assets","url":"\/33.2-1817\/","token":"33.2\/III\/18\/33.2-1817","metadata":false},{"id":80098,"structure_id":13500,"section_number":"33.2-1818","catch_line":"Sovereign immunity","url":"\/33.2-1818\/","token":"33.2\/III\/18\/33.2-1818","metadata":false},{"id":72301,"structure_id":13500,"section_number":"33.2-1819","catch_line":"Procurement","url":"\/33.2-1819\/","token":"33.2\/III\/18\/33.2-1819","metadata":false},{"id":55286,"structure_id":13500,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/33.2-1820\/","token":"33.2\/III\/18\/33.2-1820","metadata":false},{"id":71227,"structure_id":13500,"section_number":"33.2-1821","catch_line":"Jurisdiction","url":"\/33.2-1821\/","token":"33.2\/III\/18\/33.2-1821","metadata":false},{"id":76828,"structure_id":13500,"section_number":"33.2-1822","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/33.2-1822\/","token":"33.2\/III\/18\/33.2-1822","metadata":false},{"id":75555,"structure_id":13500,"section_number":"33.2-1823","catch_line":"Preservation of the Virginia Highway Corporation Act of 1988","url":"\/33.2-1823\/","token":"33.2\/III\/18\/33.2-1823","metadata":false},{"id":69769,"structure_id":13500,"section_number":"33.2-1824","catch_line":"Repealed","url":"\/33.2-1824\/","token":"33.2\/III\/18\/33.2-1824","metadata":false}],"previous_section":{"id":60775,"structure_id":13500,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","url":"\/33.2-1807\/","token":"33.2\/III\/18\/33.2-1807","metadata":false},"next_section":{"id":84012,"structure_id":13500,"section_number":"33.2-1809","catch_line":"Interim agreement","url":"\/33.2-1809\/","token":"33.2\/III\/18\/33.2-1809","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1808\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 855<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter 647<\/a>; in 2005, chapters 504<\/a> and 562<\/a>; in 2006, chapter 922<\/a>; in 2014, chapter 805<\/a>; in 2017, chapter 511<\/a>.<\/p>","references":[{"id":58174,"section_number":"33.2-1800","catch_line":"Definitions","order_by":null,"url":"\/33.2-1800\/"},{"id":73601,"section_number":"33.2-502","catch_line":"Designation of HOT lanes","order_by":null,"url":"\/33.2-502\/"},{"id":54759,"section_number":"33.2-503","catch_line":"HOT lanes enforcement","order_by":null,"url":"\/33.2-503\/"}],"refers_to":false,"permalink":{"id":206863,"object_type":"law","relational_id":67786,"identifier":"33.2-1808","token":"33.2\/III\/18\/33.2-1808","url":"\/33.2-1808\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1808\/","token":"33.2\/III\/18\/33.2-1808","dublin_core":{"Title":"Comprehensive agreement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1808","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to developing and\/or operating the qualifying transportation facility<\/span>, the private entity<\/span> shall enter into a comprehensive agreement<\/span> with the responsible public entity<\/span>. The comprehensive agreement<\/span> shall, as appropriate, provide for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Delivery of performance and payment bonds<\/span> in connection with the development<\/span> and\/or operation<\/span> of the qualifying transportation facility<\/span>, in the forms and amounts satisfactory to the responsible public entity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Review of plans for the development<\/span> and\/or operation<\/span> of the qualifying transportation facility<\/span> by the responsible public entity<\/span> and approval by the responsible public entity<\/span> if the plans conform to standards acceptable to the responsible public entity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Inspection of construction of or improvements to the qualifying transportation facility<\/span> by the responsible public entity<\/span> to ensure that such construction or improvements conform to the standards acceptable to the responsible public entity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Maintenance<\/span> of a policy or policies of public liability insurance (copies of which shall be filed with the responsible public entity<\/span> accompanied by proofs of coverage) or self-insurance, each in form and amount satisfactory to the responsible public entity<\/span> and reasonably sufficient to insure coverage of tort<\/span> liability to the public and employees and to enable the continued operation<\/span> of the qualifying transportation facility<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Monitoring of the maintenance<\/span> practices of the private entity<\/span> by the responsible public entity<\/span> and the taking of such actions as the responsible public entity<\/span> finds appropriate to ensure that the qualifying transportation facility<\/span> is properly maintained; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Reimbursement to be paid to the responsible public entity<\/span> for services provided by the responsible public entity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Filing of appropriate financial statements in a form acceptable to the responsible public entity<\/span> on a periodic basis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Compensation to the private entity<\/span> that may include a reasonable development<\/span> fee, a reasonable maximum rate of return on investment, and\/or reimbursement of development<\/span> expenses in the event of termination for convenience by the responsible public entity<\/span> as agreed upon between the responsible public entity<\/span> and the private entity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The date of termination of the private entity<\/span>’s authority and duties under this chapter and dedication to the appropriate public entity; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Guaranteed cost and completion guarantees related to the development<\/span> and\/or operation<\/span> of the qualified transportation facility and payment of damages<\/span> for failure to meet the completion guarantee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The comprehensive agreement<\/span> shall provide for such user fees<\/span> as may be established by agreement of the parties. Any user fees<\/span> shall be set at a level that takes into account any lease payments, service payments<\/span>, and compensation to the private entity<\/span> or as specified in the comprehensive agreement<\/span>. A copy of any service contract<\/span> shall be filed with the responsible public entity<\/span>. A schedule of the current user fees<\/span> shall be made available by the private entity<\/span> to any member of the public on request. In negotiating user fees<\/span> under this section, the parties shall establish fees that are the same for persons using the facility under like conditions except as required by agreement between the parties to preserve capacity and prevent congestion on the qualifying transportation facility<\/span>. The execution of the comprehensive agreement<\/span> or any amendment thereto shall constitute conclusive evidence<\/span> that the user fees<\/span> provided for therein comply with this chapter. User fees<\/span> established in the comprehensive agreement<\/span> as a source of revenues<\/span> may be in addition to or in lieu of service payments<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the comprehensive agreement<\/span>, the responsible public entity<\/span> may agree to make grants or loans for the development<\/span> and\/or operation<\/span> of the qualifying transportation facility<\/span> from amounts received from the federal government or any agency or instrumentality thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The comprehensive agreement<\/span> shall incorporate the duties of the private entity<\/span> under this chapter and may contain such other terms and conditions that the responsible public entity<\/span> determines serve the public purpose of this chapter. Without limitation, the comprehensive agreement<\/span> may contain provisions under which the responsible public entity<\/span> agrees to provide notice of default<\/span> and cure rights for the benefit of the private entity<\/span> and the persons specified therein as providing financing for the qualifying transportation facility<\/span>. The comprehensive agreement<\/span> may contain such other lawful terms and conditions to which the private entity<\/span> and the responsible public entity<\/span> mutually agree, including provisions regarding unavoidable delays or provisions providing for a loan of public funds for the development<\/span> and\/or operation<\/span> of one or more qualifying transportation facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The comprehensive agreement<\/span> shall provide for the distribution of any earnings in excess of the maximum rate of return as negotiated in the comprehensive agreement<\/span>. Without limitation, excess earnings may be distributed to the Transportation Trust Fund, to the responsible public entity<\/span>, or to the private entity<\/span> for debt reduction or they may be shared with appropriate public entities. Any payments under a concession<\/span> arrangement for which the Commonwealth is the responsible public entity<\/span> shall be paid into the Transportation Trust Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any changes in the terms of the comprehensive agreement<\/span>, as may be agreed upon by the parties, shall be added to the comprehensive agreement<\/span> by written amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any contrary provision of this chapter, a responsible public entity<\/span> may enter into a comprehensive agreement<\/span> with multiple private entities if the responsible public entity<\/span> determines in writing that it is in the public interest to do so. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The comprehensive agreement<\/span> may provide for the development<\/span> and\/or operation<\/span> of phases or segments of the qualifying transportation facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any comprehensive agreement<\/span> originally entered into on or after July 1, 2017, shall include, in consultation with the Virginia State<\/span> Police, a provision requiring funding for adequate staffing<\/span> by the Virginia State<\/span> Police for general law<\/span> enforcement services during both development<\/span> and operation<\/span> of the qualifying transportation facility<\/span>. As used in this subsection, “adequate staffing<\/span>” means a level of staffing in accordance with the September 2003 report, “A Review of the Patrol Staffing Formula<\/span>” as developed pursuant to Item 459(g) of Chapter 1042 of the Acts of Assembly of 2003. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPREHENSIVE AGREEMENT (\u00a7 33.2-1808)\n\nA. Prior to developing and\/or operating the qualifying transportation facility,\nthe private entity shall enter into a comprehensive agreement with the\nresponsible public entity. The comprehensive agreement shall, as appropriate,\nprovide for:\n\n 1. Delivery of performance and payment bonds in connection with the\n development and\/or operation of the qualifying transportation facility, in the\n forms and amounts satisfactory to the responsible public entity;\n\n 2. Review of plans for the development and\/or operation of the qualifying\n transportation facility by the responsible public entity and approval by the\n responsible public entity if the plans conform to standards acceptable to the\n responsible public entity;\n\n 3. Inspection of construction of or improvements to the qualifying\n transportation facility by the responsible public entity to ensure that such\n construction or improvements conform to the standards acceptable to the\n responsible public entity;\n\n 4. Maintenance of a policy or policies of public liability insurance (copies\n of which shall be filed with the responsible public entity accompanied by\n proofs of coverage) or self-insurance, each in form and amount satisfactory to\n the responsible public entity and reasonably sufficient to insure coverage of\n tort liability to the public and employees and to enable the continued\n operation of the qualifying transportation facility;\n\n 5. Monitoring of the maintenance practices of the private entity by the\n responsible public entity and the taking of such actions as the responsible\n public entity finds appropriate to ensure that the qualifying transportation\n facility is properly maintained;\n\n 6. Reimbursement to be paid to the responsible public entity for services\n provided by the responsible public entity;\n\n 7. Filing of appropriate financial statements in a form acceptable to the\n responsible public entity on a periodic basis;\n\n 8. Compensation to the private entity that may include a reasonable\n development fee, a reasonable maximum rate of return on investment, and\/or\n reimbursement of development expenses in the event of termination for\n convenience by the responsible public entity as agreed upon between the\n responsible public entity and the private entity;\n\n 9. The date of termination of the private entity’s authority and duties\n under this chapter and dedication to the appropriate public entity; and\n\n 10. Guaranteed cost and completion guarantees related to the development\n and\/or operation of the qualified transportation facility and payment of\n damages for failure to meet the completion guarantee.\n\nB. The comprehensive agreement shall provide for such user fees as may be\nestablished by agreement of the parties. Any user fees shall be set at a level\nthat takes into account any lease payments, service payments, and compensation\nto the private entity or as specified in the comprehensive agreement. A copy of\nany service contract shall be filed with the responsible public entity. A\nschedule of the current user fees shall be made available by the private entity\nto any member of the public on request. In negotiating user fees under this\nsection, the parties shall establish fees that are the same for persons using\nthe facility under like conditions except as required by agreement between the\nparties to preserve capacity and prevent congestion on the qualifying\ntransportation facility. The execution of the comprehensive agreement or any\namendment thereto shall constitute conclusive evidence that the user fees\nprovided for therein comply with this chapter. User fees established in the\ncomprehensive agreement as a source of revenues may be in addition to or in lieu\nof service payments.\n\nC. In the comprehensive agreement, the responsible public entity may agree to\nmake grants or loans for the development and\/or operation of the qualifying\ntransportation facility from amounts received from the federal government or any\nagency or instrumentality thereof.\n\nD. The comprehensive agreement shall incorporate the duties of the private\nentity under this chapter and may contain such other terms and conditions that\nthe responsible public entity determines serve the public purpose of this\nchapter. Without limitation, the comprehensive agreement may contain provisions\nunder which the responsible public entity agrees to provide notice of default\nand cure rights for the benefit of the private entity and the persons specified\ntherein as providing financing for the qualifying transportation facility. The\ncomprehensive agreement may contain such other lawful terms and conditions to\nwhich the private entity and the responsible public entity mutually agree,\nincluding provisions regarding unavoidable delays or provisions providing for a\nloan of public funds for the development and\/or operation of one or more\nqualifying transportation facilities.\n\nE. The comprehensive agreement shall provide for the distribution of any\nearnings in excess of the maximum rate of return as negotiated in the\ncomprehensive agreement. Without limitation, excess earnings may be distributed\nto the Transportation Trust Fund, to the responsible public entity, or to the\nprivate entity for debt reduction or they may be shared with appropriate public\nentities. Any payments under a concession arrangement for which the Commonwealth\nis the responsible public entity shall be paid into the Transportation Trust\nFund.\n\nF. Any changes in the terms of the comprehensive agreement, as may be agreed\nupon by the parties, shall be added to the comprehensive agreement by written\namendment.\n\nG. Notwithstanding any contrary provision of this chapter, a responsible public\nentity may enter into a comprehensive agreement with multiple private entities\nif the responsible public entity determines in writing that it is in the public\ninterest to do so.\n\nH. The comprehensive agreement may provide for the development and\/or operation\nof phases or segments of the qualifying transportation facility.\n\nI. Any comprehensive agreement originally entered into on or after July 1, 2017,\nshall include, in consultation with the Virginia State Police, a provision\nrequiring funding for adequate staffing by the Virginia State Police for general\nlaw enforcement services during both development and operation of the qualifying\ntransportation facility. As used in this subsection, “adequate\nstaffing” means a level of staffing in accordance with the September 2003\nreport, “A Review of the Patrol Staffing Formula” as developed\npursuant to Item 459(g) of Chapter 1042 of the Acts of Assembly of 2003.\n\nHISTORY: 1994, c. 855, \u00a7 56-566; 1995, c. 647; 2005, cc. 504, 562; 2006, c.\n922; 2014, c. 805; 2017, c. 511.","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}}