{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-575.16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-575.16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-575.16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-575.16.html"}],"law_id":63083,"edition_id":1,"section_id":63083,"structure_id":13265,"section_number":"56-575.16","catch_line":"Procurement","history":"2002, c. 571; 2003, cc. 292, 968, 1034; 2004, c. 986; 2005, c. 865; 2006, c. 936; 2007, c. 764; 2013, c. 583.","full_text":"The Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) and any interpretations, regulations, or guidelines of the Division of Engineering and Buildings of the Department of General Services or the Virginia Information Technologies Agency, including the Capital Outlay Manual and those interpretations, regulations or guidelines developed pursuant to \u00a7\u00a7 2.2-1131, 2.2-1132, 2.2-1133, 2.2-1149, and 2.2-1502, except those developed by the Division or the Virginia Information Technologies Agency in accordance with this chapter when the Commonwealth is the responsible public entity, shall not apply to this chapter. However, a responsible public entity may enter into a comprehensive agreement only in accordance with guidelines adopted by it as follows:\n\n1\n\nA responsible public entity may enter into a comprehensive agreement in accordance with guidelines adopted by it that are consistent with procurement through competitive sealed bidding as set forth in § 2.2-4302.1 and subsection B of § 2.2-4310.2\n\nA responsible public entity may enter into a comprehensive agreement in accordance with guidelines adopted by it that are consistent with the procurement of “other than professional services” through competitive negotiation as set forth in § 2.2-4302.2 and subsection B of § 2.2-4310. Such responsible public entity shall not be required to select the proposal with the lowest price offer, but may consider price as one factor in evaluating the proposals received. Other factors that may be considered include (i) the proposed cost of the qualifying facility; (ii) the general reputation, industry experience, and financial capacity of the private entity; (iii) the proposed design of the qualifying project; (iv) the eligibility of the facility for accelerated selection, review, and documentation timelines under the responsible public entity’s guidelines; (v) local citizen and government comments; (vi) benefits to the public; (vii) the private entity’s compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such plan; (viii) the private entity’s plans to employ local contractors and residents; and (ix) other criteria that the responsible public entity deems appropriate.\n\t\t\tA responsible public entity shall proceed in accordance with the guidelines adopted by it pursuant to subdivision 1 unless it determines that proceeding in accordance with the guidelines adopted by it pursuant to this subdivision is likely to be advantageous to the responsible public entity and the public, based on (i) the probable scope, complexity, or priority of the project; (ii) risk sharing including guaranteed cost or completion guarantees, added value or debt or equity investments proposed by the private entity; or (iii) an increase in funding, dedicated revenue source or other economic benefit that would not otherwise be available. When the responsible public entity determines to proceed according to the guidelines adopted by it pursuant to this subdivision, it shall state the reasons for its determination in writing. If a state agency is the responsible public entity, the approval of the responsible Governor’s Secretary, or the Governor, shall be required before the responsible public entity may enter into a comprehensive agreement pursuant to this subdivision.3\n\nNothing in this chapter shall authorize or require that a responsible public entity obtain professional services through any process except in accordance with guidelines adopted by it that are consistent with the procurement of “professional services” through competitive negotiation as set forth in § 2.2-4302.2 and subsection B of § 2.2-4310.4\n\nA responsible public entity shall not proceed to consider any request by a private entity for approval of a qualifying project until the responsible public entity has adopted and made publicly available guidelines pursuant to § 56-575.3:1 that are sufficient to enable the responsible public entity to comply with this chapter.5\n\nA responsible public entity that is a school board or a county, city, or town may enter into an interim or comprehensive agreement under this chapter only with the approval of the local governing body.","order_by":null,"text":{"0":{"id":230063,"text":"The Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) and any interpretations, regulations, or guidelines of the Division of Engineering and Buildings of the Department of General Services or the Virginia Information Technologies Agency, including the Capital Outlay Manual and those interpretations, regulations or guidelines developed pursuant to \u00a7\u00a7 2.2-1131, 2.2-1132, 2.2-1133, 2.2-1149, and 2.2-1502, except those developed by the Division or the Virginia Information Technologies Agency in accordance with this chapter when the Commonwealth is the responsible public entity, shall not apply to this chapter. However, a responsible public entity may enter into a comprehensive agreement only in accordance with guidelines adopted by it as follows:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":230064,"text":"A responsible public entity may enter into a comprehensive agreement in accordance with guidelines adopted by it that are consistent with procurement through competitive sealed bidding as set forth in § 2.2-4302.1 and subsection B of § 2.2-4310.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":230065,"text":"A responsible public entity may enter into a comprehensive agreement in accordance with guidelines adopted by it that are consistent with the procurement of “other than professional services” through competitive negotiation as set forth in § 2.2-4302.2 and subsection B of § 2.2-4310. Such responsible public entity shall not be required to select the proposal with the lowest price offer, but may consider price as one factor in evaluating the proposals received. Other factors that may be considered include (i) the proposed cost of the qualifying facility; (ii) the general reputation, industry experience, and financial capacity of the private entity; (iii) the proposed design of the qualifying project; (iv) the eligibility of the facility for accelerated selection, review, and documentation timelines under the responsible public entity’s guidelines; (v) local citizen and government comments; (vi) benefits to the public; (vii) the private entity’s compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such plan; (viii) the private entity’s plans to employ local contractors and residents; and (ix) other criteria that the responsible public entity deems appropriate.\n\t\t\tA responsible public entity shall proceed in accordance with the guidelines adopted by it pursuant to subdivision 1 unless it determines that proceeding in accordance with the guidelines adopted by it pursuant to this subdivision is likely to be advantageous to the responsible public entity and the public, based on (i) the probable scope, complexity, or priority of the project; (ii) risk sharing including guaranteed cost or completion guarantees, added value or debt or equity investments proposed by the private entity; or (iii) an increase in funding, dedicated revenue source or other economic benefit that would not otherwise be available. When the responsible public entity determines to proceed according to the guidelines adopted by it pursuant to this subdivision, it shall state the reasons for its determination in writing. If a state agency is the responsible public entity, the approval of the responsible Governor’s Secretary, or the Governor, shall be required before the responsible public entity may enter into a comprehensive agreement pursuant to this subdivision.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":230066,"text":"Nothing in this chapter shall authorize or require that a responsible public entity obtain professional services through any process except in accordance with guidelines adopted by it that are consistent with the procurement of “professional services” through competitive negotiation as set forth in § 2.2-4302.2 and subsection B of § 2.2-4310.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":230067,"text":"A responsible public entity shall not proceed to consider any request by a private entity for approval of a qualifying project until the responsible public entity has adopted and made publicly available guidelines pursuant to § 56-575.3:1 that are sufficient to enable the responsible public entity to comply with this chapter.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":230068,"text":"A responsible public entity that is a school board or a county, city, or town may enter into an interim or comprehensive agreement under this chapter only with the approval of the local governing body.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-575.16\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 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 6 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, chapters 292<\/a>, 968<\/a>, and 1034<\/a>; in 2004, chapter 986<\/a>; in 2005, chapter 865<\/a>; in 2006, chapter 936<\/a>; in 2007, chapter 764<\/a>; in 2013, chapter 583<\/a>.<\/p>","references":[{"id":62611,"section_number":"56-575.3","catch_line":"Prerequisite for operation of a qualifying project","order_by":null,"url":"\/56-575.3\/"}],"refers_to":[{"id":78119,"section_number":"2.2-1131","catch_line":"Maintenance and utilization standards","order_by":null,"url":"\/2.2-1131\/"},{"id":74281,"section_number":"2.2-1132","catch_line":"Administration of capital outlay construction; exception for certain educational institutions","order_by":null,"url":"\/2.2-1132\/"},{"id":83823,"section_number":"2.2-1133","catch_line":"Use of value engineering","order_by":null,"url":"\/2.2-1133\/"},{"id":75383,"section_number":"2.2-1149","catch_line":"Department to review proposed acquisitions of real property; approval by the Governor; exceptions","order_by":null,"url":"\/2.2-1149\/"},{"id":71030,"section_number":"2.2-1502","catch_line":"Establishing regulations for preplanning of capital outlay projects","order_by":null,"url":"\/2.2-1502\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":61316,"section_number":"2.2-4302.1","catch_line":"Process for competitive sealed bidding","order_by":null,"url":"\/2.2-4302.1\/"},{"id":80758,"section_number":"2.2-4302.2","catch_line":"Process for competitive negotiation","order_by":null,"url":"\/2.2-4302.2\/"},{"id":59798,"section_number":"2.2-4310","catch_line":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","order_by":null,"url":"\/2.2-4310\/"},{"id":70958,"section_number":"2.2-4310.2","catch_line":"Executive branch agency's goals for participation by small businesses; requirements","order_by":null,"url":"\/2.2-4310.2\/"},{"id":80801,"section_number":"56-575.3:1","catch_line":"Adoption of guidelines by responsible public entities","order_by":null,"url":"\/56-575.3_1\/"}],"permalink":{"id":250541,"object_type":"law","relational_id":63083,"identifier":"56-575.16","token":"56\/22.1\/56-575.16","url":"\/56-575.16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-575.16\/","token":"56\/22.1\/56-575.16","dublin_core":{"Title":"Procurement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-575.16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Virginia Public Procurement Act (\u00a7 2.2-4300<\/a> et seq.) and any interpretations, regulations, or guidelines of the Division of Engineering and Buildings of the Department of General Services or the Virginia Information Technologies Agency, including the Capital Outlay Manual and those interpretations, regulations or guidelines developed pursuant to \u00a7\u00a7 2.2-1131<\/a>, 2.2-1132<\/a>, 2.2-1133<\/a>, 2.2-1149<\/a>, and 2.2-1502<\/a>, except those developed by the Division or the Virginia Information Technologies Agency in accordance with this chapter when the Commonwealth is the responsible public entity<\/span>, shall not apply to this chapter. However, a responsible public entity<\/span> may enter into a comprehensive agreement<\/span> only in accordance with guidelines adopted by it as follows:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A responsible public entity<\/span> may enter into a comprehensive agreement<\/span> in accordance with guidelines adopted by it that are consistent with procurement through competitive sealed<\/span> bidding as set forth in § 2.2-4302.1<\/a> and subsection B of § 2.2-4310<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A responsible public entity<\/span> may enter into a comprehensive agreement<\/span> in accordance with guidelines adopted by it that are consistent with the procurement of “other than professional services” through competitive negotiation as set forth in § 2.2-4302.2<\/a> and subsection B of § 2.2-4310<\/a>. Such responsible public entity<\/span> shall not be required to select the proposal with the lowest price offer, but may consider price as one factor in evaluating the proposals received. Other factors that may be considered include (i) the proposed cost of the qualifying facility; (ii) the general reputation, industry experience, and financial capacity of the private entity<\/span>; (iii) the proposed design of the qualifying project<\/span>; (iv) the eligibility of the facility for accelerated selection, review, and documentation timelines under the responsible public entity<\/span>’s guidelines; (v) local citizen and government comments; (vi) benefits to the public; (vii) the private entity<\/span>’s compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such plan; (viii) the private entity<\/span>’s plans to employ local contractors and residents; and (ix) other criteria that the responsible public entity<\/span> deems appropriate.\n\t\t\tA responsible public entity<\/span> shall proceed in accordance with the guidelines adopted by it pursuant to subdivision 1 unless it determines that proceeding in accordance with the guidelines adopted by it pursuant to this subdivision is likely to be advantageous to the responsible public entity<\/span> and the public, based on (i) the probable scope, complexity, or priority of the project; (ii) risk sharing including guaranteed cost or completion guarantees, added value or debt or equity<\/span> investments proposed by the private entity<\/span>; or (iii) an increase in funding, dedicated revenue source or other economic benefit that would not otherwise be available. When the responsible public entity<\/span> determines to proceed according to the guidelines adopted by it pursuant to this subdivision, it shall state<\/span> the reasons for its determination in writing. If a state<\/span> agency is the responsible public entity<\/span>, the approval of the responsible Governor’s Secretary, or the Governor, shall be required before the responsible public entity<\/span> may enter into a comprehensive agreement<\/span> pursuant to this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Nothing in this chapter shall authorize or require that a responsible public entity<\/span> obtain professional services through any process except in accordance with guidelines adopted by it that are consistent with the procurement of “professional services” through competitive negotiation as set forth in § 2.2-4302.2<\/a> and subsection B of § 2.2-4310<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A responsible public entity<\/span> shall not proceed to consider any request by a private entity<\/span> for approval of a qualifying project<\/span> until the responsible public entity<\/span> has adopted and made publicly available guidelines pursuant to § 56-575.3:1<\/a> that are sufficient to enable the responsible public entity<\/span> to comply with this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A responsible public entity<\/span> that is a school board or a county, city, or town may enter into an interim or comprehensive agreement<\/span> under this chapter only with the approval of the local governing body. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCUREMENT (\u00a7 56-575.16)\n\nThe Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) and any\ninterpretations, regulations, or guidelines of the Division of Engineering and\nBuildings of the Department of General Services or the Virginia Information\nTechnologies Agency, including the Capital Outlay Manual and those\ninterpretations, regulations or guidelines developed pursuant to \u00a7\u00a7 2.2-1131,\n2.2-1132, 2.2-1133, 2.2-1149, and 2.2-1502, except those developed by the\nDivision or the Virginia Information Technologies Agency in accordance with this\nchapter when the Commonwealth is the responsible public entity, shall not apply\nto this chapter. However, a responsible public entity may enter into a\ncomprehensive agreement only in accordance with guidelines adopted by it as\nfollows:\n\n1. A responsible public entity may enter into a comprehensive agreement in\naccordance with guidelines adopted by it that are consistent with procurement\nthrough competitive sealed bidding as set forth in § 2.2-4302.1 and\nsubsection B of § 2.2-4310.\n\n2. A responsible public entity may enter into a comprehensive agreement in\naccordance with guidelines adopted by it that are consistent with the\nprocurement of “other than professional services” through\ncompetitive negotiation as set forth in § 2.2-4302.2 and subsection B of\n§ 2.2-4310. Such responsible public entity shall not be required to select\nthe proposal with the lowest price offer, but may consider price as one factor\nin evaluating the proposals received. Other factors that may be considered\ninclude (i) the proposed cost of the qualifying facility; (ii) the general\nreputation, industry experience, and financial capacity of the private entity;\n(iii) the proposed design of the qualifying project; (iv) the eligibility of the\nfacility for accelerated selection, review, and documentation timelines under\nthe responsible public entity’s guidelines; (v) local citizen and\ngovernment comments; (vi) benefits to the public; (vii) the private\nentity’s compliance with a minority business enterprise participation plan\nor good faith effort to comply with the goals of such plan; (viii) the private\nentity’s plans to employ local contractors and residents; and (ix) other\ncriteria that the responsible public entity deems appropriate.\n\t\t\tA responsible public entity shall proceed in accordance with the guidelines\nadopted by it pursuant to subdivision 1 unless it determines that proceeding in\naccordance with the guidelines adopted by it pursuant to this subdivision is\nlikely to be advantageous to the responsible public entity and the public, based\non (i) the probable scope, complexity, or priority of the project; (ii) risk\nsharing including guaranteed cost or completion guarantees, added value or debt\nor equity investments proposed by the private entity; or (iii) an increase in\nfunding, dedicated revenue source or other economic benefit that would not\notherwise be available. When the responsible public entity determines to proceed\naccording to the guidelines adopted by it pursuant to this subdivision, it shall\nstate the reasons for its determination in writing. If a state agency is the\nresponsible public entity, the approval of the responsible Governor’s\nSecretary, or the Governor, shall be required before the responsible public\nentity may enter into a comprehensive agreement pursuant to this subdivision.\n\n3. Nothing in this chapter shall authorize or require that a responsible public\nentity obtain professional services through any process except in accordance\nwith guidelines adopted by it that are consistent with the procurement of\n“professional services” through competitive negotiation as set forth\nin § 2.2-4302.2 and subsection B of § 2.2-4310.\n\n4. A responsible public entity shall not proceed to consider any request by a\nprivate entity for approval of a qualifying project until the responsible public\nentity has adopted and made publicly available guidelines pursuant to §\n56-575.3:1 that are sufficient to enable the responsible public entity to comply\nwith this chapter.\n\n5. A responsible public entity that is a school board or a county, city, or town\nmay enter into an interim or comprehensive agreement under this chapter only\nwith the approval of the local governing body.\n\nHISTORY: 2002, c. 571; 2003, cc. 292, 968, 1034; 2004, c. 986; 2005, c. 865;\n2006, c. 936; 2007, c. 764; 2013, c. 583.","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}}