{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-575.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-575.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-575.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-575.1.html"}],"law_id":54549,"edition_id":1,"section_id":54549,"structure_id":13265,"section_number":"56-575.1","catch_line":"Definitions","history":"2002, c. 571; 2003, c. 1034; 2005, cc. 618, 865; 2007, cc. 649, 764; 2008, cc. 273, 731; 2009, cc. 754, 762.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Affected jurisdiction&#8221; means any county, city or town in which all or a portion of a qualifying project is located.\n\t\t&#8220;Appropriating body&#8221; means the body responsible for appropriating or authorizing funding to pay for a qualifying project.\n\t\t&#8220;Commission&#8221; means the State Corporation Commission.\n\t\t&#8220;Comprehensive agreement&#8221; means the comprehensive agreement between the private entity and the responsible public entity required by \u00a7 56-575.9.\n\t\t&#8220;Develop&#8221; or &#8220;development&#8221; means to plan, design, develop, finance, lease, acquire, install, construct, or expand.\n\t\t&#8220;Interim agreement&#8221; means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes activity on any part of the qualifying project.\n\t\t&#8220;Lease payment&#8221; means any form of payment, including a land lease, by a public entity to the private entity for the use of a qualifying project.\n\t\t&#8220;Material default&#8221; means any default by the private entity in the performance of its duties under subsection E of \u00a7 56-575.8 that jeopardizes adequate service to the public from a qualifying project.\n\t\t&#8220;Operate&#8221; means to finance, maintain, improve, equip, modify, repair, or operate.\n\t\t&#8220;Private entity&#8221; means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity.\n\t\t&#8220;Public entity&#8221; means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose.\n\t\t&#8220;Qualifying project&#8221; means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any services designed to increase the productivity or efficiency of the responsible public entity through the use of technology or other means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or (x) any solid waste management facility as defined in \u00a7 10.1-1400 that produces electric energy derived from solid waste.\n\t\t&#8220;Responsible public entity&#8221; means a public entity that has the power to develop or operate the applicable qualifying project.\n\t\t&#8220;Revenues&#8221; means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility.\n\t\t&#8220;Service contract&#8221; means a contract entered into between a public entity and the private entity pursuant to \u00a7 56-575.5.\n\t\t&#8220;Service payments&#8221; means payments to the private entity of a qualifying project pursuant to a service contract.\n\t\t&#8220;State&#8221; means the Commonwealth of Virginia.\n\t\t&#8220;User fees&#8221; mean the rates, fees or other charges imposed by the private entity of a qualifying project for use of all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to \u00a7 56-575.9.","order_by":null,"text":{"0":{"id":200320,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Affected jurisdiction&#8221; means any county, city or town in which all or a portion of a qualifying project is located.\n\t\t&#8220;Appropriating body&#8221; means the body responsible for appropriating or authorizing funding to pay for a qualifying project.\n\t\t&#8220;Commission&#8221; means the State Corporation Commission.\n\t\t&#8220;Comprehensive agreement&#8221; means the comprehensive agreement between the private entity and the responsible public entity required by \u00a7 56-575.9.\n\t\t&#8220;Develop&#8221; or &#8220;development&#8221; means to plan, design, develop, finance, lease, acquire, install, construct, or expand.\n\t\t&#8220;Interim agreement&#8221; means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes activity on any part of the qualifying project.\n\t\t&#8220;Lease payment&#8221; means any form of payment, including a land lease, by a public entity to the private entity for the use of a qualifying project.\n\t\t&#8220;Material default&#8221; means any default by the private entity in the performance of its duties under subsection E of \u00a7 56-575.8 that jeopardizes adequate service to the public from a qualifying project.\n\t\t&#8220;Operate&#8221; means to finance, maintain, improve, equip, modify, repair, or operate.\n\t\t&#8220;Private entity&#8221; means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity.\n\t\t&#8220;Public entity&#8221; means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose.\n\t\t&#8220;Qualifying project&#8221; means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any services designed to increase the productivity or efficiency of the responsible public entity through the use of technology or other means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or (x) any solid waste management facility as defined in \u00a7 10.1-1400 that produces electric energy derived from solid waste.\n\t\t&#8220;Responsible public entity&#8221; means a public entity that has the power to develop or operate the applicable qualifying project.\n\t\t&#8220;Revenues&#8221; means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility.\n\t\t&#8220;Service contract&#8221; means a contract entered into between a public entity and the private entity pursuant to \u00a7 56-575.5.\n\t\t&#8220;Service payments&#8221; means payments to the private entity of a qualifying project pursuant to a service contract.\n\t\t&#8220;State&#8221; means the Commonwealth of Virginia.\n\t\t&#8220;User fees&#8221; mean the rates, fees or other charges imposed by the private entity of a qualifying project for use of all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to \u00a7 56-575.9.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13265,"edition_id":1,"name":"The Public-Private Education Facilities and Infrastructure Act of 2002","identifier":"22.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":250511,"object_type":"structure","relational_id":13265,"identifier":"22.1","token":"56\/22.1","url":"\/56\/22.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54549,"structure_id":13265,"section_number":"56-575.1","catch_line":"Definitions","url":"\/56-575.1\/","token":"56\/22.1\/56-575.1","metadata":false},{"id":54274,"structure_id":13265,"section_number":"56-575.10","catch_line":"Federal, state and local assistance","url":"\/56-575.10\/","token":"56\/22.1\/56-575.10","metadata":false},{"id":56009,"structure_id":13265,"section_number":"56-575.11","catch_line":"Material default; remedies","url":"\/56-575.11\/","token":"56\/22.1\/56-575.11","metadata":false},{"id":87080,"structure_id":13265,"section_number":"56-575.12","catch_line":"Condemnation","url":"\/56-575.12\/","token":"56\/22.1\/56-575.12","metadata":false},{"id":82966,"structure_id":13265,"section_number":"56-575.13","catch_line":"Utility crossing","url":"\/56-575.13\/","token":"56\/22.1\/56-575.13","metadata":false},{"id":81141,"structure_id":13265,"section_number":"56-575.14","catch_line":"Police powers; violations of law","url":"\/56-575.14\/","token":"56\/22.1\/56-575.14","metadata":false},{"id":73223,"structure_id":13265,"section_number":"56-575.15","catch_line":"Sovereign immunity","url":"\/56-575.15\/","token":"56\/22.1\/56-575.15","metadata":false},{"id":63083,"structure_id":13265,"section_number":"56-575.16","catch_line":"Procurement","url":"\/56-575.16\/","token":"56\/22.1\/56-575.16","metadata":false},{"id":80943,"structure_id":13265,"section_number":"56-575.17","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/56-575.17\/","token":"56\/22.1\/56-575.17","metadata":false},{"id":77861,"structure_id":13265,"section_number":"56-575.17:1","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/56-575.17_1\/","token":"56\/22.1\/56-575.17_1","metadata":false},{"id":71889,"structure_id":13265,"section_number":"56-575.18","catch_line":"Auditor of Public Accounts","url":"\/56-575.18\/","token":"56\/22.1\/56-575.18","metadata":false},{"id":79879,"structure_id":13265,"section_number":"56-575.2","catch_line":"Declaration of public purpose","url":"\/56-575.2\/","token":"56\/22.1\/56-575.2","metadata":false},{"id":62611,"structure_id":13265,"section_number":"56-575.3","catch_line":"Prerequisite for operation of a qualifying project","url":"\/56-575.3\/","token":"56\/22.1\/56-575.3","metadata":false},{"id":80801,"structure_id":13265,"section_number":"56-575.3:1","catch_line":"Adoption of guidelines by responsible public entities","url":"\/56-575.3_1\/","token":"56\/22.1\/56-575.3_1","metadata":false},{"id":78855,"structure_id":13265,"section_number":"56-575.4","catch_line":"Approval of qualifying projects by the responsible public entity","url":"\/56-575.4\/","token":"56\/22.1\/56-575.4","metadata":false},{"id":54265,"structure_id":13265,"section_number":"56-575.5","catch_line":"Service contracts","url":"\/56-575.5\/","token":"56\/22.1\/56-575.5","metadata":false},{"id":71324,"structure_id":13265,"section_number":"56-575.6","catch_line":"Affected local jurisdictions","url":"\/56-575.6\/","token":"56\/22.1\/56-575.6","metadata":false},{"id":83102,"structure_id":13265,"section_number":"56-575.7","catch_line":"Dedication of public property","url":"\/56-575.7\/","token":"56\/22.1\/56-575.7","metadata":false},{"id":58668,"structure_id":13265,"section_number":"56-575.8","catch_line":"Powers and duties of the private entity","url":"\/56-575.8\/","token":"56\/22.1\/56-575.8","metadata":false},{"id":70640,"structure_id":13265,"section_number":"56-575.9","catch_line":"Comprehensive agreement","url":"\/56-575.9\/","token":"56\/22.1\/56-575.9","metadata":false},{"id":86484,"structure_id":13265,"section_number":"56-575.9:1","catch_line":"Interim agreement","url":"\/56-575.9_1\/","token":"56\/22.1\/56-575.9_1","metadata":false}],"next_section":{"id":54274,"structure_id":13265,"section_number":"56-575.10","catch_line":"Federal, state and local assistance","url":"\/56-575.10\/","token":"56\/22.1\/56-575.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-575.1\/","history_text":"<p>This law was first created in 2002. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0571\">571<\/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 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP1034\">1034<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0618\">618<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0865\">865<\/a>; in 2007, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0649\">649<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0764\">764<\/a>; in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0273\">273<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0731\">731<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0754\">754<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0762\">762<\/a>.<\/p>","references":[{"id":63909,"section_number":"10.1-2129","catch_line":"Agency coordination; conditions of grants","order_by":null,"url":"\/10.1-2129\/"},{"id":60869,"section_number":"15.2-2114","catch_line":"Regulation of stormwater","order_by":null,"url":"\/15.2-2114\/"},{"id":80330,"section_number":"15.2-5102.1","catch_line":"(For contingent expiration date, see Acts 2009, c. 742, cl. 3) Hampton Roads area refuse collection and disposal system authority","order_by":null,"url":"\/15.2-5102.1\/"},{"id":62379,"section_number":"15.2-6710","catch_line":"Assignment of liability","order_by":null,"url":"\/15.2-6710\/"},{"id":62081,"section_number":"2.2-1509.3","catch_line":"Budget bill to include appropriations for major information technology projects","order_by":null,"url":"\/2.2-1509.3\/"},{"id":66702,"section_number":"2.2-2343","catch_line":"Authority may borrow money, accept contributions, etc","order_by":null,"url":"\/2.2-2343\/"},{"id":85061,"section_number":"2.2-3104.01","catch_line":"Prohibited conduct; bids or proposals under the Virginia Public Procurement Act, Public-Private Transportation Act, and Public-Private Education Facilities and Infrastructure Act; loans or grants from the Commonwealth's Development Opportunity Fund","order_by":null,"url":"\/2.2-3104.01\/"},{"id":59772,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","order_by":null,"url":"\/2.2-3705.6\/"},{"id":66024,"section_number":"2.2-4331","catch_line":"Contract pricing arrangements","order_by":null,"url":"\/2.2-4331\/"},{"id":57154,"section_number":"2.2-5512","catch_line":"Definitions","order_by":null,"url":"\/2.2-5512\/"},{"id":77545,"section_number":"2.2-5513","catch_line":"Responsibilities of Governor to ensure efficiency in government","order_by":null,"url":"\/2.2-5513\/"},{"id":68492,"section_number":"22.1-141.2","catch_line":"Authority to modernize public school lease agreements","order_by":null,"url":"\/22.1-141.2\/"},{"id":73036,"section_number":"30-278","catch_line":"Definitions","order_by":null,"url":"\/30-278\/"},{"id":86386,"section_number":"30-279","catch_line":"Public-Private Partnership Advisory Commission established; membership; terms; compensation; staff; quorum","order_by":null,"url":"\/30-279\/"},{"id":63738,"section_number":"45.2-1812","catch_line":" Public-private partnerships","order_by":null,"url":"\/45.2-1812\/"},{"id":75598,"section_number":"62.1-132.19","catch_line":"Acquisition and lease of property","order_by":null,"url":"\/62.1-132.19\/"}],"refers_to":[{"id":84539,"section_number":"10.1-1400","catch_line":"Definitions","order_by":null,"url":"\/10.1-1400\/"},{"id":54265,"section_number":"56-575.5","catch_line":"Service contracts","order_by":null,"url":"\/56-575.5\/"},{"id":58668,"section_number":"56-575.8","catch_line":"Powers and duties of the private entity","order_by":null,"url":"\/56-575.8\/"},{"id":70640,"section_number":"56-575.9","catch_line":"Comprehensive agreement","order_by":null,"url":"\/56-575.9\/"}],"permalink":{"id":250513,"object_type":"law","relational_id":54549,"identifier":"56-575.1","token":"56\/22.1\/56-575.1","url":"\/56-575.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-575.1\/","token":"56\/22.1\/56-575.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-575.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;<span class=\"dictionary\">Affected jurisdiction<\/span>&#8221; means any county, city or town in which all or a portion of a <span class=\"dictionary\">qualifying project<\/span> is located.\n\t\t&#8220;<span class=\"dictionary\">Appropriating body<\/span>&#8221; means the body responsible for appropriating or authorizing funding to pay for a <span class=\"dictionary\">qualifying project<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Commission<\/span>&#8221; means the <span class=\"dictionary\">State<\/span> <span class=\"dictionary\">Corporation<\/span> <span class=\"dictionary\">Commission<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Comprehensive agreement<\/span>&#8221; means the <span class=\"dictionary\">comprehensive agreement<\/span> between the <span class=\"dictionary\">private entity<\/span> and the <span class=\"dictionary\">responsible public entity<\/span> required by \u00a7&nbsp;<a class=\"law\" title=\"Comprehensive agreement\" href=\"\/56-575.9\/\">56-575.9<\/a>.\n\t\t&#8220;<span class=\"dictionary\">Develop<\/span>&#8221; or &#8220;<span class=\"dictionary\">development<\/span>&#8221; means to plan, design, <span class=\"dictionary\">develop<\/span>, finance, lease, acquire, install, construct, or expand.\n\t\t&#8220;<span class=\"dictionary\">Interim agreement<\/span>&#8221; means an agreement between a <span class=\"dictionary\">private entity<\/span> and a <span class=\"dictionary\">responsible public entity<\/span> that provides for phasing of the <span class=\"dictionary\">development<\/span> or operation, or both, of a <span class=\"dictionary\">qualifying project<\/span>. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes activity on any part of the <span class=\"dictionary\">qualifying project<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Lease payment<\/span>&#8221; means any form of payment, including a land lease, by a public entity to the <span class=\"dictionary\">private entity<\/span> for the use of a <span class=\"dictionary\">qualifying project<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Material default<\/span>&#8221; means any default by the <span class=\"dictionary\">private entity<\/span> in the performance of its duties under subsection E of \u00a7&nbsp;<a class=\"law\" title=\"Powers and duties of the private entity\" href=\"\/56-575.8\/\">56-575.8<\/a> that jeopardizes adequate service to the public from a <span class=\"dictionary\">qualifying project<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Operate<\/span>&#8221; means to finance, maintain, improve, equip, modify, repair, or <span class=\"dictionary\">operate<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Private entity<\/span>&#8221; means any natural <span class=\"dictionary\">person<\/span>, <span class=\"dictionary\">corporation<\/span>, general partnership, limited liability <span class=\"dictionary\">company<\/span>, limited partnership, joint venture, business trust, public benefit <span class=\"dictionary\">corporation<\/span>, non-profit entity, or other business entity.\n\t\t&#8220;Public entity&#8221; means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose.\n\t\t&#8220;<span class=\"dictionary\">Qualifying project<\/span>&#8221; means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any services designed to increase the productivity or efficiency of the <span class=\"dictionary\">responsible public entity<\/span> through the use of technology or other means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or <span class=\"dictionary\">state<\/span>-owned real estate; or (x) any solid waste management facility as defined in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/10.1-1400\/\">10.1-1400<\/a> that produces electric energy derived from solid waste.\n\t\t&#8220;<span class=\"dictionary\">Responsible public entity<\/span>&#8221; means a public entity that has the power to <span class=\"dictionary\">develop<\/span> or <span class=\"dictionary\">operate<\/span> the applicable <span class=\"dictionary\">qualifying project<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Revenues<\/span>&#8221; means all <span class=\"dictionary\">revenues<\/span>, income, earnings, <span class=\"dictionary\">user fees<\/span>, <span class=\"dictionary\">lease payments<\/span>, or other <span class=\"dictionary\">service payments<\/span> arising out of or in connection with supporting the <span class=\"dictionary\">development<\/span> or operation of a <span class=\"dictionary\">qualifying project<\/span>, including without limitation, money received as grants or otherwise from the United <span class=\"dictionary\">States<\/span> of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility.\n\t\t&#8220;<span class=\"dictionary\">Service contract<\/span>&#8221; means a contract entered into between a public entity and the <span class=\"dictionary\">private entity<\/span> pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Service contracts\" href=\"\/56-575.5\/\">56-575.5<\/a>.\n\t\t&#8220;<span class=\"dictionary\">Service payments<\/span>&#8221; means payments to the <span class=\"dictionary\">private entity<\/span> of a <span class=\"dictionary\">qualifying project<\/span> pursuant to a <span class=\"dictionary\">service contract<\/span>.\n\t\t&#8220;<span class=\"dictionary\">State<\/span>&#8221; means the Commonwealth of Virginia.\n\t\t&#8220;<span class=\"dictionary\">User fees<\/span>&#8221; mean the <span class=\"dictionary\">rates<\/span>, fees or other charges imposed by the <span class=\"dictionary\">private entity<\/span> of a <span class=\"dictionary\">qualifying project<\/span> for use of all or a portion of such <span class=\"dictionary\">qualifying project<\/span> pursuant to the <span class=\"dictionary\">comprehensive agreement<\/span> pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Comprehensive agreement\" href=\"\/56-575.9\/\">56-575.9<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 56-575.1)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Affected jurisdiction&#8221; means any county, city or town in which\nall or a portion of a qualifying project is located.\n\t\t&#8220;Appropriating body&#8221; means the body responsible for appropriating\nor authorizing funding to pay for a qualifying project.\n\t\t&#8220;Commission&#8221; means the State Corporation Commission.\n\t\t&#8220;Comprehensive agreement&#8221; means the comprehensive agreement\nbetween the private entity and the responsible public entity required by \u00a7\n56-575.9.\n\t\t&#8220;Develop&#8221; or &#8220;development&#8221; means to plan, design,\ndevelop, finance, lease, acquire, install, construct, or expand.\n\t\t&#8220;Interim agreement&#8221; means an agreement between a private entity\nand a responsible public entity that provides for phasing of the development or\noperation, or both, of a qualifying project. Such phases may include, but are\nnot limited to, design, planning, engineering, environmental analysis and\nmitigation, financial and revenue analysis, or any other phase of the project\nthat constitutes activity on any part of the qualifying project.\n\t\t&#8220;Lease payment&#8221; means any form of payment, including a land lease,\nby a public entity to the private entity for the use of a qualifying project.\n\t\t&#8220;Material default&#8221; means any default by the private entity in the\nperformance of its duties under subsection E of \u00a7 56-575.8 that jeopardizes\nadequate service to the public from a qualifying project.\n\t\t&#8220;Operate&#8221; means to finance, maintain, improve, equip, modify,\nrepair, or operate.\n\t\t&#8220;Private entity&#8221; means any natural person, corporation, general\npartnership, limited liability company, limited partnership, joint venture,\nbusiness trust, public benefit corporation, non-profit entity, or other business\nentity.\n\t\t&#8220;Public entity&#8221; means the Commonwealth and any agency or authority\nthereof, any county, city or town and any other political subdivision of the\nCommonwealth, any public body politic and corporate, or any regional entity that\nserves a public purpose.\n\t\t&#8220;Qualifying project&#8221; means (i) any education facility, including,\nbut not limited to a school building, any functionally related and subordinate\nfacility and land to a school building (including any stadium or other facility\nprimarily used for school events), and any depreciable property provided for use\nin a school facility that is operated as part of the public school system or as\nan institution of higher education; (ii) any building or facility that meets a\npublic purpose and is developed or operated by or for any public entity; (iii)\nany improvements, together with equipment, necessary to enhance public safety\nand security of buildings to be principally used by a public entity; (iv)\nutility and telecommunications and other communications infrastructure; (v) a\nrecreational facility; (vi) technology infrastructure, services, and\napplications, including, but not limited to, telecommunications, automated data\nprocessing, word processing and management information systems, and related\ninformation, equipment, goods and services; (vii) any services designed to\nincrease the productivity or efficiency of the responsible public entity through\nthe use of technology or other means, (viii) any technology, equipment, or\ninfrastructure designed to deploy wireless broadband services to schools,\nbusinesses, or residential areas; (ix) any improvements necessary or desirable\nto any unimproved locally- or state-owned real estate; or (x) any solid waste\nmanagement facility as defined in \u00a7 10.1-1400 that produces electric energy\nderived from solid waste.\n\t\t&#8220;Responsible public entity&#8221; means a public entity that has the\npower to develop or operate the applicable qualifying project.\n\t\t&#8220;Revenues&#8221; means all revenues, income, earnings, user fees, lease\npayments, or other service payments arising out of or in connection with\nsupporting the development or operation of a qualifying project, including\nwithout limitation, money received as grants or otherwise from the United States\nof America, from any public entity, or from any agency or instrumentality of the\nforegoing in aid of such facility.\n\t\t&#8220;Service contract&#8221; means a contract entered into between a public\nentity and the private entity pursuant to \u00a7 56-575.5.\n\t\t&#8220;Service payments&#8221; means payments to the private entity of a\nqualifying project pursuant to a service contract.\n\t\t&#8220;State&#8221; means the Commonwealth of Virginia.\n\t\t&#8220;User fees&#8221; mean the rates, fees or other charges imposed by the\nprivate entity of a qualifying project for use of all or a portion of such\nqualifying project pursuant to the comprehensive agreement pursuant to \u00a7\n56-575.9.\n\nHISTORY: 2002, c. 571; 2003, c. 1034; 2005, cc. 618, 865; 2007, cc. 649, 764;\n2008, cc. 273, 731; 2009, cc. 754, 762.","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}}