{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-575.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-575.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-575.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-575.2.html"}],"law_id":79879,"edition_id":1,"section_id":79879,"structure_id":13265,"section_number":"56-575.2","catch_line":"Declaration of public purpose","history":"2002, c. 571; 2003, c. 1034; 2005, c. 865.","full_text":"A\n\nThe General Assembly finds that:1\n\nThere is a public need for timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, or installation of education facilities, technology infrastructure and other public infrastructure and government facilities within the Commonwealth that serve a public need and purpose;2\n\nSuch public need may not be wholly satisfied by existing methods of procurement in which qualifying projects are acquired, designed, constructed, improved, renovated, expanded, equipped, maintained, operated, implemented, or installed;3\n\nThere are inadequate resources to develop new education facilities, technology infrastructure and other public infrastructure and government facilities for the benefit of citizens of the Commonwealth, and there is demonstrated evidence that public-private partnerships can meet these needs by improving the schedule for delivery, lowering the cost, and providing other benefits to the public;4\n\nFinancial incentives exist under state and federal tax provisions that promote public entities to enter into partnerships with private entities to develop qualifying projects;5\n\nAuthorizing private entities to develop or operate one or more qualifying projects may result in the availability of such projects to the public in a more timely or less costly fashion, thereby serving the public safety, benefit, and welfare.B\n\nAn action under § 56-575.4 shall serve the public purpose of this chapter if such action facilitates the timely development or operation of qualifying projects.C\n\nIt is the intent of this chapter, among other things, to encourage investment in the Commonwealth by private entities and facilitate the bond financing provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 or other similar financing mechanisms, private capital and other funding sources that support the development or operation of qualifying projects, to the end that financing for qualifying projects be expanded and accelerated to improve and add to the convenience of the public, and such that public and private entities may have the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this chapter.D\n\nThis chapter shall be liberally construed in conformity with the purposes hereof.","order_by":null,"text":{"0":{"id":286115,"text":"The General Assembly finds that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":286116,"text":"There is a public need for timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, or installation of education facilities, technology infrastructure and other public infrastructure and government facilities within the Commonwealth that serve a public need and purpose;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":286117,"text":"Such public need may not be wholly satisfied by existing methods of procurement in which qualifying projects are acquired, designed, constructed, improved, renovated, expanded, equipped, maintained, operated, implemented, or installed;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":286118,"text":"There are inadequate resources to develop new education facilities, technology infrastructure and other public infrastructure and government facilities for the benefit of citizens of the Commonwealth, and there is demonstrated evidence that public-private partnerships can meet these needs by improving the schedule for delivery, lowering the cost, and providing other benefits to the public;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":286119,"text":"Financial incentives exist under state and federal tax provisions that promote public entities to enter into partnerships with private entities to develop qualifying projects;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":286120,"text":"Authorizing private entities to develop or operate one or more qualifying projects may result in the availability of such projects to the public in a more timely or less costly fashion, thereby serving the public safety, benefit, and welfare.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":286121,"text":"An action under § 56-575.4 shall serve the public purpose of this chapter if such action facilitates the timely development or operation of qualifying projects.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":286122,"text":"It is the intent of this chapter, among other things, to encourage investment in the Commonwealth by private entities and facilitate the bond financing provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 or other similar financing mechanisms, private capital and other funding sources that support the development or operation of qualifying projects, to the end that financing for qualifying projects be expanded and accelerated to improve and add to the convenience of the public, and such that public and private entities may have the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":286123,"text":"This chapter shall be liberally construed in conformity with the purposes hereof.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-575.2\/","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 2 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 1034<\/a>; in 2005, chapter 865<\/a>.<\/p>","references":false,"refers_to":[{"id":78855,"section_number":"56-575.4","catch_line":"Approval of qualifying projects by the responsible public entity","order_by":null,"url":"\/56-575.4\/"}],"permalink":{"id":250557,"object_type":"law","relational_id":79879,"identifier":"56-575.2","token":"56\/22.1\/56-575.2","url":"\/56-575.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-575.2\/","token":"56\/22.1\/56-575.2","dublin_core":{"Title":"Declaration of public purpose","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-575.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The General Assembly finds that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> There is a public need for timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, or installation of education facilities, technology infrastructure and other public infrastructure and government facilities within the Commonwealth that serve a public need and purpose; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such public need may not be wholly satisfied by existing methods of procurement in which qualifying projects<\/span> are acquired, designed, constructed, improved, renovated, expanded, equipped, maintained, operated, implemented, or installed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> There are inadequate resources to develop<\/span> new education facilities, technology infrastructure and other public infrastructure and government facilities for the benefit of citizens of the Commonwealth, and there is demonstrated evidence<\/span> that public-private partnerships can meet these needs by improving the schedule for delivery, lowering the cost, and providing other benefits to the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Financial incentives exist under state<\/span> and federal tax provisions that promote public entities to enter into partnerships with private entities to develop<\/span> qualifying projects<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Authorizing private entities to develop<\/span> or operate<\/span> one or more qualifying projects<\/span> may result in the availability of such projects to the public in a more timely or less costly fashion, thereby serving the public safety, benefit, and welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An action under § 56-575.4<\/a> shall serve the public purpose of this chapter if such action facilitates the timely development<\/span> or operation of qualifying projects<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> It is the intent<\/span> of this chapter, among other things, to encourage investment in the Commonwealth by private entities and facilitate the bond<\/span> financing provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 or other similar financing mechanisms, private capital and other funding sources that support the development<\/span> or operation of qualifying projects<\/span>, to the end that financing for qualifying projects<\/span> be expanded and accelerated to improve and add to the convenience of the public, and such that public and private entities may have the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This chapter shall be liberally construed in conformity with the purposes hereof. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDECLARATION OF PUBLIC PURPOSE (\u00a7 56-575.2)\n\nA. The General Assembly finds that:\n\n 1. There is a public need for timely acquisition, design, construction,\n improvement, renovation, expansion, equipping, maintenance, operation,\n implementation, or installation of education facilities, technology\n infrastructure and other public infrastructure and government facilities\n within the Commonwealth that serve a public need and purpose;\n\n 2. Such public need may not be wholly satisfied by existing methods of\n procurement in which qualifying projects are acquired, designed, constructed,\n improved, renovated, expanded, equipped, maintained, operated, implemented, or\n installed;\n\n 3. There are inadequate resources to develop new education facilities,\n technology infrastructure and other public infrastructure and government\n facilities for the benefit of citizens of the Commonwealth, and there is\n demonstrated evidence that public-private partnerships can meet these needs by\n improving the schedule for delivery, lowering the cost, and providing other\n benefits to the public;\n\n 4. Financial incentives exist under state and federal tax provisions that\n promote public entities to enter into partnerships with private entities to\n develop qualifying projects;\n\n 5. Authorizing private entities to develop or operate one or more qualifying\n projects may result in the availability of such projects to the public in a\n more timely or less costly fashion, thereby serving the public safety,\n benefit, and welfare.\n\nB. An action under § 56-575.4 shall serve the public purpose of this\nchapter if such action facilitates the timely development or operation of\nqualifying projects.\n\nC. It is the intent of this chapter, among other things, to encourage investment\nin the Commonwealth by private entities and facilitate the bond financing\nprovisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 or\nother similar financing mechanisms, private capital and other funding sources\nthat support the development or operation of qualifying projects, to the end\nthat financing for qualifying projects be expanded and accelerated to improve\nand add to the convenience of the public, and such that public and private\nentities may have the greatest possible flexibility in contracting with each\nother for the provision of the public services that are the subject of this\nchapter.\n\nD. This chapter shall be liberally construed in conformity with the purposes\nhereof.\n\nHISTORY: 2002, c. 571; 2003, c. 1034; 2005, c. 865.","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}}