{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-575.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-575.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-575.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-575.4.html"}],"law_id":78855,"edition_id":1,"section_id":78855,"structure_id":13265,"section_number":"56-575.4","catch_line":"Approval of qualifying projects by the responsible public entity","history":"2002, c. 571; 2003, c. 1034; 2004, c. 690; 2005, c. 865; 2007, c. 764.","full_text":"A\n\nA private entity may request approval of a qualifying project by the responsible public entity. Any such request shall be accompanied by the following material and information unless waived by the responsible public entity:1\n\nA topographic map (1:2,000 or other appropriate scale) indicating the location of the qualifying project;2\n\nA description of the qualifying project, including the conceptual design of such facility or facilities or a conceptual plan for the provision of services or technology infrastructure, and a schedule for the initiation of and completion of the qualifying project to include the proposed major responsibilities and timeline for activities to be performed by both the public and private entity;3\n\nA statement setting forth the method by which the private entity proposes to secure necessary property interests required for the qualifying project;4\n\nInformation relating to the current plans for development of facilities or technology infrastructure to be used by a public entity that are similar to the qualifying project being proposed by the private entity, if any, of each affected local jurisdiction;5\n\nA list of all permits and approvals required for the qualifying project from local, state, or federal agencies and a projected schedule for obtaining such permits and approvals;6\n\nA list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the private entity to accommodate such crossings;7\n\nA statement setting forth the private entity’s general plans for financing the qualifying project including the sources of the private entity’s funds and identification of any dedicated revenue source or proposed debt or equity investment on the behalf of the private entity;8\n\nThe names and addresses of the persons who may be contacted for further information concerning the request;9\n\nUser fees, lease payments, and other service payments over the term of the interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1 and the methodology and circumstances for changes to such user fees, lease payments, and other service payments over time; and10\n\nSuch additional material and information as the responsible public entity may reasonably request.B\n\nThe responsible public entity may request proposals or invite bids from private entities for the development or operation of qualifying projects.C\n\nThe responsible public entity may grant approval of the development or operation of the education facility, technology infrastructure or other public infrastructure or government facility needed by a public entity as a qualifying project, or the design or equipping of a qualifying project so developed or operated, if the responsible public entity determines that the project serves the public purpose of this chapter. The responsible public entity may determine that the development or operation of the qualifying project as a qualifying project serves such public purpose if:1\n\nThere is a public need for or benefit derived from the qualifying project of the type the private entity proposes as a qualifying project;2\n\nThe estimated cost of the qualifying project is reasonable in relation to similar facilities; and3\n\nThe private entity’s plans will result in the timely development or operation of the qualifying project.\n\t\t\t\tIn evaluating any request, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.D\n\nThe responsible public entity may charge a reasonable fee to cover the costs of processing, reviewing and evaluating the request, including without limitation, reasonable attorney’s fees and fees for financial, technical, and other necessary advisors or consultants.E\n\nThe approval of the responsible public entity shall be subject to the private entity’s entering into an interim or comprehensive agreement pursuant to § 56-575.9 with the responsible public entity.F\n\nIn connection with its approval of the qualifying project, the responsible public entity shall establish a date for the commencement of activities related to the qualifying project. The responsible public entity may extend such date from time to time.G\n\nThe responsible public entity shall take appropriate action to protect confidential and proprietary information provided by the private entity pursuant to an agreement under subdivision 11 of § 2.2-3705.6.H\n\nNothing in this chapter or in an interim or comprehensive agreement entered into pursuant to this chapter shall be deemed to enlarge, diminish or affect the authority, if any, otherwise possessed by the responsible public entity to take action that would impact the debt capacity of the Commonwealth.I\n\nPrior to entering into the negotiation of an interim or comprehensive agreement, each responsible public entity that is an agency or institution of the Commonwealth shall submit copies of detailed proposals to the Public-Private Partnership Advisory Commission as provided by Chapter 42 (§ 30-278 et seq.) of Title 30.J\n\nAny proposed comprehensive agreement for a qualifying project where the responsible public entity is an agency or institution of the Commonwealth that (i) creates state tax-supported debt, (ii) requires a level of appropriation significantly beyond the appropriation received by the responsible public entity in the most recent appropriation act, or (iii) significantly alters the Commonwealth’s discretion to change the level of services or the funding for such services over time, shall be reviewed by the appropriating body prior to execution.","order_by":null,"text":{"0":{"id":282455,"text":"A private entity may request approval of a qualifying project by the responsible public entity. Any such request shall be accompanied by the following material and information unless waived by the responsible public entity:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":282456,"text":"A topographic map (1:2,000 or other appropriate scale) indicating the location of the qualifying project;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":282457,"text":"A description of the qualifying project, including the conceptual design of such facility or facilities or a conceptual plan for the provision of services or technology infrastructure, and a schedule for the initiation of and completion of the qualifying project to include the proposed major responsibilities and timeline for activities to be performed by both the public and private entity;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":282458,"text":"A statement setting forth the method by which the private entity proposes to secure necessary property interests required for the qualifying project;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":282459,"text":"Information relating to the current plans for development of facilities or technology infrastructure to be used by a public entity that are similar to the qualifying project being proposed by the private entity, if any, of each affected local jurisdiction;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":282460,"text":"A list of all permits and approvals required for the qualifying project from local, state, or federal agencies and a projected schedule for obtaining such permits and approvals;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":282461,"text":"A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the private entity to accommodate such crossings;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":282462,"text":"A statement setting forth the private entity’s general plans for financing the qualifying project including the sources of the private entity’s funds and identification of any dedicated revenue source or proposed debt or equity investment on the behalf of the private entity;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":282463,"text":"The names and addresses of the persons who may be contacted for further information concerning the request;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":282464,"text":"User fees, lease payments, and other service payments over the term of the interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1 and the methodology and circumstances for changes to such user fees, lease payments, and other service payments over time; and","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":282465,"text":"Such additional material and information as the responsible public entity may reasonably request.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"B"},"11":{"id":282466,"text":"The responsible public entity may request proposals or invite bids from private entities for the development or operation of qualifying projects.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A10","next_prefix":"C"},"12":{"id":282467,"text":"The responsible public entity may grant approval of the development or operation of the education facility, technology infrastructure or other public infrastructure or government facility needed by a public entity as a qualifying project, or the design or equipping of a qualifying project so developed or operated, if the responsible public entity determines that the project serves the public purpose of this chapter. The responsible public entity may determine that the development or operation of the qualifying project as a qualifying project serves such public purpose if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"13":{"id":282468,"text":"There is a public need for or benefit derived from the qualifying project of the type the private entity proposes as a qualifying project;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"14":{"id":282469,"text":"The estimated cost of the qualifying project is reasonable in relation to similar facilities; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"15":{"id":282470,"text":"The private entity’s plans will result in the timely development or operation of the qualifying project.\n\t\t\t\tIn evaluating any request, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"16":{"id":282471,"text":"The responsible public entity may charge a reasonable fee to cover the costs of processing, reviewing and evaluating the request, including without limitation, reasonable attorney’s fees and fees for financial, technical, and other necessary advisors or consultants.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"17":{"id":282472,"text":"The approval of the responsible public entity shall be subject to the private entity’s entering into an interim or comprehensive agreement pursuant to § 56-575.9 with the responsible public entity.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"18":{"id":282473,"text":"In connection with its approval of the qualifying project, the responsible public entity shall establish a date for the commencement of activities related to the qualifying project. The responsible public entity may extend such date from time to time.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"19":{"id":282474,"text":"The responsible public entity shall take appropriate action to protect confidential and proprietary information provided by the private entity pursuant to an agreement under subdivision 11 of § 2.2-3705.6.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"20":{"id":282475,"text":"Nothing in this chapter or in an interim or comprehensive agreement entered into pursuant to this chapter shall be deemed to enlarge, diminish or affect the authority, if any, otherwise possessed by the responsible public entity to take action that would impact the debt capacity of the Commonwealth.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"21":{"id":282476,"text":"Prior to entering into the negotiation of an interim or comprehensive agreement, each responsible public entity that is an agency or institution of the Commonwealth shall submit copies of detailed proposals to the Public-Private Partnership Advisory Commission as provided by Chapter 42 (§ 30-278 et seq.) of Title 30.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"22":{"id":282477,"text":"Any proposed comprehensive agreement for a qualifying project where the responsible public entity is an agency or institution of the Commonwealth that (i) creates state tax-supported debt, (ii) requires a level of appropriation significantly beyond the appropriation received by the responsible public entity in the most recent appropriation act, or (iii) significantly alters the Commonwealth’s discretion to change the level of services or the funding for such services over time, shall be reviewed by the appropriating body prior to execution.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-575.4\/","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 4 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 2004, chapter 690<\/a>; in 2005, chapter 865<\/a>; in 2007, chapter 764<\/a>.<\/p>","references":[{"id":80943,"section_number":"56-575.17","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","order_by":null,"url":"\/56-575.17\/"},{"id":79879,"section_number":"56-575.2","catch_line":"Declaration of public purpose","order_by":null,"url":"\/56-575.2\/"},{"id":62611,"section_number":"56-575.3","catch_line":"Prerequisite for operation of a qualifying project","order_by":null,"url":"\/56-575.3\/"},{"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\/"},{"id":71324,"section_number":"56-575.6","catch_line":"Affected local jurisdictions","order_by":null,"url":"\/56-575.6\/"}],"refers_to":[{"id":73036,"section_number":"30-278","catch_line":"Definitions","order_by":null,"url":"\/30-278\/"},{"id":70640,"section_number":"56-575.9","catch_line":"Comprehensive agreement","order_by":null,"url":"\/56-575.9\/"},{"id":86484,"section_number":"56-575.9:1","catch_line":"Interim agreement","order_by":null,"url":"\/56-575.9_1\/"}],"permalink":{"id":250569,"object_type":"law","relational_id":78855,"identifier":"56-575.4","token":"56\/22.1\/56-575.4","url":"\/56-575.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-575.4\/","token":"56\/22.1\/56-575.4","dublin_core":{"Title":"Approval of qualifying projects by the responsible public entity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-575.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A private entity<\/span> may request approval of a qualifying project<\/span> by the responsible public entity<\/span>. Any such request shall be accompanied by the following material<\/span> and information unless waived by the responsible public entity<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A topographic map (1:2,000 or other appropriate scale) indicating the location of the qualifying project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A description of the qualifying project<\/span>, including the conceptual design of such facility or facilities or a conceptual plan for the provision of services or technology infrastructure, and a schedule for the initiation of and completion of the qualifying project<\/span> to include the proposed major responsibilities and timeline for activities to be performed by both the public and private entity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statement setting forth the method by which the private entity<\/span> proposes to secure necessary property interests required for the qualifying project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Information relating to the current plans for development<\/span> of facilities or technology infrastructure to be used by a public entity that are similar to the qualifying project<\/span> being proposed by the private entity<\/span>, if any, of each affected local jurisdiction<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A list of all permits and approvals required for the qualifying project<\/span> from local, state<\/span>, or federal agencies and a projected schedule for obtaining such permits and approvals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A list of public utility facilities, if any, that will be crossed by the qualifying project<\/span> and a statement of the plans of the private entity<\/span> to accommodate such crossings; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A statement setting forth the private entity<\/span>’s general plans for financing the qualifying project<\/span> including the sources of the private entity<\/span>’s funds and identification of any dedicated revenue source or proposed debt or equity<\/span> investment on the behalf of the private entity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The names and addresses of the persons<\/span> who may be contacted for further information concerning the request; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> User fees<\/span>, lease payments<\/span>, and other service payments<\/span> over the term of the interim or comprehensive agreement<\/span> pursuant to § 56-575.9<\/a> or 56-575.9:1<\/a> and the methodology and circumstances for changes to such user fees<\/span>, lease payments<\/span>, and other service payments<\/span> over time; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Such additional material<\/span> and information as the responsible public entity<\/span> may reasonably request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The responsible public entity<\/span> may request proposals or invite bids from private entities for the development<\/span> or operation of qualifying projects<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The responsible public entity<\/span> may grant approval of the development<\/span> or operation of the education facility, technology infrastructure or other public infrastructure or government facility needed by a public entity as a qualifying project<\/span>, or the design or equipping of a qualifying project<\/span> so developed or operated, if the responsible public entity<\/span> determines that the project serves the public purpose of this chapter. The responsible public entity<\/span> may determine that the development<\/span> or operation of the qualifying project<\/span> as a qualifying project<\/span> serves such public purpose if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> There is a public need for or benefit derived from the qualifying project<\/span> of the type the private entity<\/span> proposes as a qualifying project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The estimated cost of the qualifying project<\/span> is reasonable in relation to similar facilities; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The private entity<\/span>’s plans will result in the timely development<\/span> or operation of the qualifying project<\/span>.\n\t\t\t\tIn evaluating any request, the responsible public entity<\/span> may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The responsible public entity<\/span> may charge a reasonable fee to cover the costs of processing, reviewing and evaluating the request, including without limitation, reasonable attorney’s fees and fees for financial, technical, and other necessary advisors or consultants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The approval of the responsible public entity<\/span> shall be subject to the private entity<\/span>’s entering into an interim or comprehensive agreement<\/span> pursuant to § 56-575.9<\/a> with the responsible public entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In connection with its approval of the qualifying project<\/span>, the responsible public entity<\/span> shall establish a date for the commencement of activities related to the qualifying project<\/span>. The responsible public entity<\/span> may extend such date from time to time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The responsible public entity<\/span> shall take appropriate action to protect confidential and proprietary information provided by the private entity<\/span> pursuant to an agreement under subdivision 11 of § 2.2-3705.6<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this chapter or in an interim or comprehensive agreement<\/span> entered into pursuant to this chapter shall be deemed to enlarge, diminish or affect the authority, if any, otherwise possessed by the responsible public entity<\/span> to take action that would impact the debt capacity of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Prior to entering into the negotiation of an interim or comprehensive agreement<\/span>, each responsible public entity<\/span> that is an agency or institution of the Commonwealth shall submit copies of detailed proposals to the Public-Private Partnership Advisory Commission<\/span> as provided by Chapter 42 (§ 30-278<\/a> et seq.) of Title 30. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Any proposed comprehensive agreement<\/span> for a qualifying project<\/span> where the responsible public entity<\/span> is an agency or institution of the Commonwealth that (i) creates state<\/span> tax-supported debt, (ii) requires a level of appropriation significantly beyond the appropriation received by the responsible public entity<\/span> in the most recent appropriation act, or (iii) significantly alters the Commonwealth’s discretion to change the level of services or the funding for such services over time, shall be reviewed by the appropriating body<\/span> prior to execution. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPROVAL OF QUALIFYING PROJECTS BY THE RESPONSIBLE PUBLIC ENTITY (\u00a7 56-575.4)\n\nA. A private entity may request approval of a qualifying project by the\nresponsible public entity. Any such request shall be accompanied by the\nfollowing material and information unless waived by the responsible public\nentity:\n\n 1. A topographic map (1:2,000 or other appropriate scale) indicating the\n location of the qualifying project;\n\n 2. A description of the qualifying project, including the conceptual design of\n such facility or facilities or a conceptual plan for the provision of services\n or technology infrastructure, and a schedule for the initiation of and\n completion of the qualifying project to include the proposed major\n responsibilities and timeline for activities to be performed by both the\n public and private entity;\n\n 3. A statement setting forth the method by which the private entity proposes\n to secure necessary property interests required for the qualifying project;\n\n 4. Information relating to the current plans for development of facilities or\n technology infrastructure to be used by a public entity that are similar to\n the qualifying project being proposed by the private entity, if any, of each\n affected local jurisdiction;\n\n 5. A list of all permits and approvals required for the qualifying project\n from local, state, or federal agencies and a projected schedule for obtaining\n such permits and approvals;\n\n 6. A list of public utility facilities, if any, that will be crossed by the\n qualifying project and a statement of the plans of the private entity to\n accommodate such crossings;\n\n 7. A statement setting forth the private entity’s general plans for\n financing the qualifying project including the sources of the private\n entity’s funds and identification of any dedicated revenue source or\n proposed debt or equity investment on the behalf of the private entity;\n\n 8. The names and addresses of the persons who may be contacted for further\n information concerning the request;\n\n 9. User fees, lease payments, and other service payments over the term of the\n interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1\n and the methodology and circumstances for changes to such user fees, lease\n payments, and other service payments over time; and\n\n 10. Such additional material and information as the responsible public entity\n may reasonably request.\n\nB. The responsible public entity may request proposals or invite bids from\nprivate entities for the development or operation of qualifying projects.\n\nC. The responsible public entity may grant approval of the development or\noperation of the education facility, technology infrastructure or other public\ninfrastructure or government facility needed by a public entity as a qualifying\nproject, or the design or equipping of a qualifying project so developed or\noperated, if the responsible public entity determines that the project serves\nthe public purpose of this chapter. The responsible public entity may determine\nthat the development or operation of the qualifying project as a qualifying\nproject serves such public purpose if:\n\n 1. There is a public need for or benefit derived from the qualifying project\n of the type the private entity proposes as a qualifying project;\n\n 2. The estimated cost of the qualifying project is reasonable in relation to\n similar facilities; and\n\n 3. The private entity’s plans will result in the timely development or\n operation of the qualifying project.\n \t\t\t\tIn evaluating any request, the responsible public entity may rely upon\n internal staff reports prepared by personnel familiar with the operation of\n similar facilities or the advice of outside advisors or consultants having\n relevant experience.\n\nD. The responsible public entity may charge a reasonable fee to cover the costs\nof processing, reviewing and evaluating the request, including without\nlimitation, reasonable attorney’s fees and fees for financial, technical,\nand other necessary advisors or consultants.\n\nE. The approval of the responsible public entity shall be subject to the private\nentity’s entering into an interim or comprehensive agreement pursuant to\n§ 56-575.9 with the responsible public entity.\n\nF. In connection with its approval of the qualifying project, the responsible\npublic entity shall establish a date for the commencement of activities related\nto the qualifying project. The responsible public entity may extend such date\nfrom time to time.\n\nG. The responsible public entity shall take appropriate action to protect\nconfidential and proprietary information provided by the private entity pursuant\nto an agreement under subdivision 11 of § 2.2-3705.6.\n\nH. Nothing in this chapter or in an interim or comprehensive agreement entered\ninto pursuant to this chapter shall be deemed to enlarge, diminish or affect the\nauthority, if any, otherwise possessed by the responsible public entity to take\naction that would impact the debt capacity of the Commonwealth.\n\nI. Prior to entering into the negotiation of an interim or comprehensive\nagreement, each responsible public entity that is an agency or institution of\nthe Commonwealth shall submit copies of detailed proposals to the Public-Private\nPartnership Advisory Commission as provided by Chapter 42 (§ 30-278 et\nseq.) of Title 30.\n\nJ. Any proposed comprehensive agreement for a qualifying project where the\nresponsible public entity is an agency or institution of the Commonwealth that\n(i) creates state tax-supported debt, (ii) requires a level of appropriation\nsignificantly beyond the appropriation received by the responsible public entity\nin the most recent appropriation act, or (iii) significantly alters the\nCommonwealth’s discretion to change the level of services or the funding\nfor such services over time, shall be reviewed by the appropriating body prior\nto execution.\n\nHISTORY: 2002, c. 571; 2003, c. 1034; 2004, c. 690; 2005, c. 865; 2007, c. 764.","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}}