{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-575.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-575.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-575.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-575.8.html"}],"law_id":58668,"edition_id":1,"section_id":58668,"structure_id":13265,"section_number":"56-575.8","catch_line":"Powers and duties of the private entity","history":"2002, c. 571; 2003, c. 1034; 2005, c. 865.","full_text":"A\n\nThe private entity shall have all power allowed by law generally to a private entity having the same form of organization as the private entity and shall have the power to develop or operate the qualifying project and collect lease payments, impose user fees or enter into service contracts in connection with the use thereof.B\n\nThe private entity may own, lease or acquire any other right to use or operate the qualifying project.C\n\nAny financing of the qualifying project may be in such amounts and upon such terms and conditions as may be determined by the private entity. Without limiting the generality of the foregoing, the private entity may issue debt, equity or other securities or obligations, enter into sale and leaseback transactions and secure any financing with a pledge of, security interest in, or lien on, any or all of its property, including all of its property interests in the qualifying project.D\n\nIn operating the qualifying project, the private entity may:1\n\nMake classifications according to reasonable categories for assessment of user fees; and2\n\nWith the consent of the responsible public entity, make and enforce reasonable rules to the same extent that the responsible public entity may make and enforce rules with respect to similar facilities.E\n\nThe private entity shall:1\n\nDevelop or operate the qualifying project in a manner that is acceptable to the responsible public entity, all in accordance with the provisions of the interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1;2\n\nKeep the qualifying project open for use by the members of the public at all times, or as appropriate based upon the use of the facility, after its initial opening upon payment of the applicable user fees, lease payments, or service payments; provided that the qualifying project may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance activities. In the event that a qualifying project is technology infrastructure, access may be limited as determined by the conditions of the interim or comprehensive agreement;3\n\nMaintain, or provide by contract for the maintenance or upgrade of the qualifying project, if required by the interim or comprehensive agreement;4\n\nCooperate with the responsible public entity in making best efforts to establish any interconnection with the qualifying project requested by the responsible public entity; and5\n\nComply with the provisions of the interim or comprehensive agreement and any lease or service contract.F\n\nNothing shall prohibit an private entity of a qualifying project from providing additional services for the qualifying project to public or private entities other than the responsible public entity so long as the provision of additional service does not impair the private entity’s ability to meet its commitments to the responsible public entity pursuant to the interim or comprehensive agreement as provided for in § 56-575.9 or 56-575.9:1.","order_by":null,"text":{"0":{"id":215005,"text":"The private entity shall have all power allowed by law generally to a private entity having the same form of organization as the private entity and shall have the power to develop or operate the qualifying project and collect lease payments, impose user fees or enter into service contracts in connection with the use thereof.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215006,"text":"The private entity may own, lease or acquire any other right to use or operate the qualifying project.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215007,"text":"Any financing of the qualifying project may be in such amounts and upon such terms and conditions as may be determined by the private entity. Without limiting the generality of the foregoing, the private entity may issue debt, equity or other securities or obligations, enter into sale and leaseback transactions and secure any financing with a pledge of, security interest in, or lien on, any or all of its property, including all of its property interests in the qualifying project.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":215008,"text":"In operating the qualifying project, the private entity may:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":215009,"text":"Make classifications according to reasonable categories for assessment of user fees; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":215010,"text":"With the consent of the responsible public entity, make and enforce reasonable rules to the same extent that the responsible public entity may make and enforce rules with respect to similar facilities.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":215011,"text":"The private entity shall:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"E1"},"7":{"id":215012,"text":"Develop or operate the qualifying project in a manner that is acceptable to the responsible public entity, all in accordance with the provisions of the interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":215013,"text":"Keep the qualifying project open for use by the members of the public at all times, or as appropriate based upon the use of the facility, after its initial opening upon payment of the applicable user fees, lease payments, or service payments; provided that the qualifying project may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance activities. In the event that a qualifying project is technology infrastructure, access may be limited as determined by the conditions of the interim or comprehensive agreement;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":215014,"text":"Maintain, or provide by contract for the maintenance or upgrade of the qualifying project, if required by the interim or comprehensive agreement;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"10":{"id":215015,"text":"Cooperate with the responsible public entity in making best efforts to establish any interconnection with the qualifying project requested by the responsible public entity; and","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"11":{"id":215016,"text":"Comply with the provisions of the interim or comprehensive agreement and any lease or service contract.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"F"},"12":{"id":215017,"text":"Nothing shall prohibit an private entity of a qualifying project from providing additional services for the qualifying project to public or private entities other than the responsible public entity so long as the provision of additional service does not impair the private entity’s ability to meet its commitments to the responsible public entity pursuant to the interim or comprehensive agreement as provided for in § 56-575.9 or 56-575.9:1.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E5"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-575.8\/","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":[{"id":54549,"section_number":"56-575.1","catch_line":"Definitions","order_by":null,"url":"\/56-575.1\/"}],"refers_to":[{"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":250585,"object_type":"law","relational_id":58668,"identifier":"56-575.8","token":"56\/22.1\/56-575.8","url":"\/56-575.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-575.8\/","token":"56\/22.1\/56-575.8","dublin_core":{"Title":"Powers and duties of the private entity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-575.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The private entity<\/span> shall have all power allowed by law<\/span> generally to a private entity<\/span> having the same form of organization as the private entity<\/span> and shall have the power to develop<\/span> or operate<\/span> the qualifying project<\/span> and collect lease payments<\/span>, impose user fees<\/span> or enter into service contracts<\/span> in connection with the use thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The private entity<\/span> may own, lease or acquire any other right to use or operate<\/span> the qualifying project<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any financing of the qualifying project<\/span> may be in such amounts and upon such terms and conditions as may be determined by the private entity<\/span>. Without limiting the generality of the foregoing, the private entity<\/span> may issue<\/span> debt, equity<\/span> or other securities or obligations, enter into sale and leaseback transactions and secure any financing with a pledge of, security interest in, or lien<\/span> on, any or all of its property, including all of its property interests in the qualifying project<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In operating the qualifying project<\/span>, the private entity<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Make classifications according to reasonable categories for assessment of user fees<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With the consent of the responsible public entity<\/span>, make and enforce reasonable rules to the same extent that the responsible public entity<\/span> may make and enforce rules with respect to similar facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The private entity<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Develop<\/span> or operate<\/span> the qualifying project<\/span> in a manner that is acceptable to the responsible public entity<\/span>, all in accordance with the provisions of the interim or comprehensive agreement<\/span> pursuant to § 56-575.9<\/a> or 56-575.9:1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Keep the qualifying project<\/span> open for use by the members of the public at all times, or as appropriate based upon the use of the facility, after its initial opening upon payment of the applicable user fees<\/span>, lease payments<\/span>, or service payments<\/span>; provided that the qualifying project<\/span> may be temporarily closed because of emergencies or, with the consent of the responsible public entity<\/span>, to protect the safety of the public or for reasonable construction or maintenance activities. In the event that a qualifying project<\/span> is technology infrastructure, access may be limited as determined by the conditions of the interim or comprehensive agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Maintain, or provide by contract<\/span> for the maintenance or upgrade of the qualifying project<\/span>, if required by the interim or comprehensive agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Cooperate with the responsible public entity<\/span> in making best efforts to establish any interconnection with the qualifying project<\/span> requested by the responsible public entity<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Comply with the provisions of the interim or comprehensive agreement<\/span> and any lease or service contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing shall prohibit an private entity<\/span> of a qualifying project<\/span> from providing additional services for the qualifying project<\/span> to public or private entities other than the responsible public entity<\/span> so long as the provision of additional service does not impair the private entity<\/span>’s ability to meet its commitments to the responsible public entity<\/span> pursuant to the interim or comprehensive agreement<\/span> as provided for in § 56-575.9<\/a> or 56-575.9:1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF THE PRIVATE ENTITY (\u00a7 56-575.8)\n\nA. The private entity shall have all power allowed by law generally to a private\nentity having the same form of organization as the private entity and shall have\nthe power to develop or operate the qualifying project and collect lease\npayments, impose user fees or enter into service contracts in connection with\nthe use thereof.\n\nB. The private entity may own, lease or acquire any other right to use or\noperate the qualifying project.\n\nC. Any financing of the qualifying project may be in such amounts and upon such\nterms and conditions as may be determined by the private entity. Without\nlimiting the generality of the foregoing, the private entity may issue debt,\nequity or other securities or obligations, enter into sale and leaseback\ntransactions and secure any financing with a pledge of, security interest in, or\nlien on, any or all of its property, including all of its property interests in\nthe qualifying project.\n\nD. In operating the qualifying project, the private entity may:\n\n 1. Make classifications according to reasonable categories for assessment of\n user fees; and\n\n 2. With the consent of the responsible public entity, make and enforce\n reasonable rules to the same extent that the responsible public entity may\n make and enforce rules with respect to similar facilities.\n\nE. The private entity shall:\n\n 1. Develop or operate the qualifying project in a manner that is acceptable to\n the responsible public entity, all in accordance with the provisions of the\n interim or comprehensive agreement pursuant to § 56-575.9 or 56-575.9:1;\n\n 2. Keep the qualifying project open for use by the members of the public at\n all times, or as appropriate based upon the use of the facility, after its\n initial opening upon payment of the applicable user fees, lease payments, or\n service payments; provided that the qualifying project may be temporarily\n closed because of emergencies or, with the consent of the responsible public\n entity, to protect the safety of the public or for reasonable construction or\n maintenance activities. In the event that a qualifying project is technology\n infrastructure, access may be limited as determined by the conditions of the\n interim or comprehensive agreement;\n\n 3. Maintain, or provide by contract for the maintenance or upgrade of the\n qualifying project, if required by the interim or comprehensive agreement;\n\n 4. Cooperate with the responsible public entity in making best efforts to\n establish any interconnection with the qualifying project requested by the\n responsible public entity; and\n\n 5. Comply with the provisions of the interim or comprehensive agreement and\n any lease or service contract.\n\nF. Nothing shall prohibit an private entity of a qualifying project from\nproviding additional services for the qualifying project to public or private\nentities other than the responsible public entity so long as the provision of\nadditional service does not impair the private entity’s ability to meet\nits commitments to the responsible public entity pursuant to the interim or\ncomprehensive agreement as provided for in § 56-575.9 or 56-575.9:1.\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}}