{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-575.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-575.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-575.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-575.3.html"}],"law_id":62611,"edition_id":1,"section_id":62611,"structure_id":13265,"section_number":"56-575.3","catch_line":"Prerequisite for operation of a qualifying project","history":"2002, c. 571; 2003, cc. 292, 1034; 2005, c. 865; 2011, c. 308.","full_text":"A\n\nAny private entity seeking authorization under this chapter to develop or operate a qualifying project shall first obtain approval of the responsible public entity under § 56-575.4. Such private entity may initiate the approval process by requesting approval pursuant to subsection A of § 56-575.4 or the responsible public entity may request proposals or invite bids pursuant to subsection B of § 56-575.4.B\n\nAny facility, building, infrastructure or improvement included in a proposal as a part of a qualifying project shall be identified specifically or conceptually.C\n\nUpon receipt by the responsible public entity of a proposal submitted by a private entity initiating the approval process pursuant to subsection A of § 56-575.4, the responsible public entity shall determine whether to accept such proposal for consideration in accordance with § 56-575.16. If the responsible public entity determines not to accept for consideration the proposal submitted by the private entity pursuant to subsection A of § 56-575.4, it shall return the proposal, together with all fees and accompanying documentation, to the private entity.D\n\nThe responsible public entity may reject any proposal initiated by a private entity pursuant to subsection A of § 56-575.4 at any time. If the responsible public entity rejects a proposal initiated by a private entity that purports to develop specific cost savings, the public entity shall specify the basis for the rejection.","order_by":null,"text":{"0":{"id":228286,"text":"Any private entity seeking authorization under this chapter to develop or operate a qualifying project shall first obtain approval of the responsible public entity under § 56-575.4. Such private entity may initiate the approval process by requesting approval pursuant to subsection A of § 56-575.4 or the responsible public entity may request proposals or invite bids pursuant to subsection B of § 56-575.4.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228287,"text":"Any facility, building, infrastructure or improvement included in a proposal as a part of a qualifying project shall be identified specifically or conceptually.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":228288,"text":"Upon receipt by the responsible public entity of a proposal submitted by a private entity initiating the approval process pursuant to subsection A of § 56-575.4, the responsible public entity shall determine whether to accept such proposal for consideration in accordance with § 56-575.16. If the responsible public entity determines not to accept for consideration the proposal submitted by the private entity pursuant to subsection A of § 56-575.4, it shall return the proposal, together with all fees and accompanying documentation, to the private entity.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":228289,"text":"The responsible public entity may reject any proposal initiated by a private entity pursuant to subsection A of § 56-575.4 at any time. If the responsible public entity rejects a proposal initiated by a private entity that purports to develop specific cost savings, the public entity shall specify the basis for the rejection.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-575.3\/","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 3 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> and 1034<\/a>; in 2005, chapter 865<\/a>; in 2011, chapter 308<\/a>.<\/p>","references":false,"refers_to":[{"id":63083,"section_number":"56-575.16","catch_line":"Procurement","order_by":null,"url":"\/56-575.16\/"},{"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":250561,"object_type":"law","relational_id":62611,"identifier":"56-575.3","token":"56\/22.1\/56-575.3","url":"\/56-575.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-575.3\/","token":"56\/22.1\/56-575.3","dublin_core":{"Title":"Prerequisite for operation of a qualifying project","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-575.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any private entity<\/span> seeking authorization under this chapter to develop<\/span> or operate<\/span> a qualifying project<\/span> shall first obtain approval of the responsible public entity<\/span> under § 56-575.4<\/a>. Such private entity<\/span> may initiate the approval process by requesting approval pursuant to subsection A of § 56-575.4<\/a> or the responsible public entity<\/span> may request proposals or invite bids pursuant to subsection B of § 56-575.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any facility, building, infrastructure or improvement included in a proposal as a part of a qualifying project<\/span> shall be identified specifically or conceptually. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt by the responsible public entity<\/span> of a proposal submitted by a private entity<\/span> initiating the approval process pursuant to subsection A of § 56-575.4<\/a>, the responsible public entity<\/span> shall determine whether to accept such proposal for consideration in accordance with § 56-575.16<\/a>. If the responsible public entity<\/span> determines not to accept for consideration the proposal submitted by the private entity<\/span> pursuant to subsection A of § 56-575.4<\/a>, it shall return the proposal, together with all fees and accompanying documentation, to the private entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The responsible public entity<\/span> may reject any proposal initiated by a private entity<\/span> pursuant to subsection A of § 56-575.4<\/a> at any time. If the responsible public entity<\/span> rejects a proposal initiated by a private entity<\/span> that purports to develop<\/span> specific cost savings, the public entity shall specify the basis for the rejection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPREREQUISITE FOR OPERATION OF A QUALIFYING PROJECT (\u00a7 56-575.3)\n\nA. Any private entity seeking authorization under this chapter to develop or\noperate a qualifying project shall first obtain approval of the responsible\npublic entity under § 56-575.4. Such private entity may initiate the\napproval process by requesting approval pursuant to subsection A of §\n56-575.4 or the responsible public entity may request proposals or invite bids\npursuant to subsection B of § 56-575.4.\n\nB. Any facility, building, infrastructure or improvement included in a proposal\nas a part of a qualifying project shall be identified specifically or\nconceptually.\n\nC. Upon receipt by the responsible public entity of a proposal submitted by a\nprivate entity initiating the approval process pursuant to subsection A of\n§ 56-575.4, the responsible public entity shall determine whether to accept\nsuch proposal for consideration in accordance with § 56-575.16. If the\nresponsible public entity determines not to accept for consideration the\nproposal submitted by the private entity pursuant to subsection A of §\n56-575.4, it shall return the proposal, together with all fees and accompanying\ndocumentation, to the private entity.\n\nD. The responsible public entity may reject any proposal initiated by a private\nentity pursuant to subsection A of § 56-575.4 at any time. If the\nresponsible public entity rejects a proposal initiated by a private entity that\npurports to develop specific cost savings, the public entity shall specify the\nbasis for the rejection.\n\nHISTORY: 2002, c. 571; 2003, cc. 292, 1034; 2005, c. 865; 2011, c. 308.","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}}