                                 CODE OF VIRGINIA

SUBMISSION BY RESPONSIBLE PUBLIC ENTITIES OF DETAILED PROPOSALS FOR QUALIFYING
PROJECTS; EXCLUSION OF CERTAIN QUALIFYING PROJECTS; REVIEW OF DETAILED
PROPOSALS; COPIES OF INTERIM AND COMPREHENSIVE AGREEMENTS TO BE PROVIDED (§
30-280)

A. Each responsible public entity receiving detailed proposals from private
entities for a qualifying project shall provide copies of such proposals to the
Chairman of the Commission, the chairmen of the House Committee on
Appropriations, House Committee on Finance, and Senate Committee on Finance and
Appropriations or their designees, and the Director of the Department of General
Services prior to entering into the negotiation of an interim or comprehensive
agreement.

B. The following qualifying projects shall not be subject to review by the
Commission:

   1. Any proposed qualifying project with a total cost of less than $3 million.

   2. Any proposed qualifying project with a total cost of more than $3 million
   but less than $50 million for which funds have been specifically appropriated
   as a public-private partnership in the general appropriation act or capital
   construction projects that have been authorized in the appropriation act,
   provided such project does not increase in size more than five percent beyond
   the plans and justifications that were the basis of the appropriation. For any
   qualifying project that will be completed in phases and for which no
   appropriation has been made for phases other than the current phase of the
   project, the Commission may undertake additional reviews of such projects.

C. Within 10 days of receipt of a complete copy of the detailed proposals for a
qualifying project, the Commission shall determine whether to accept or decline
such proposals for review and notify the responsible public entity of its
decision. If the Commission accepts a proposal for review, the findings and
recommendations of the Commission shall be provided to the responsible public
entity within 45 days of receiving complete copies of the detailed proposals. If
no findings or recommendations are provided by the Commission to the responsible
public entity within the 45-day period, the Commission shall be deemed to have
no findings or recommendations. Upon acceptance for review, the responsible
public entity shall provide any additional information regarding the qualifying
project upon the request of the Commission, provided such information is
available to or can be obtained by the responsible public entity.

D. The Commission shall review accepted detailed proposals and provide findings
and recommendations to the responsible public entity, including (i) whether the
terms and conditions of the proposals and proposed qualifying project create
state tax-supported debt taking into consideration the specific findings of the
Secretary of Finance with respect to such recommendation, (ii) an analysis of
the potential financial impact of the qualifying project, (iii) a review of the
policy aspects of the detailed proposals and the qualifying project, and (iv)
proposed general business terms and conditions. Review by the Commission shall
not be construed to constitute approval of any appropriations necessary to
implement any subsequent interim or comprehensive agreement.

E. The responsible public entity shall not commence negotiation of an interim or
comprehensive agreement until the Commission has submitted its recommendations
or declined to accept the detailed proposals for review.

F. The responsible public entity shall submit a copy of the proposed interim or
comprehensive agreement to the Commission, the chairmen of the House Committee
on Appropriations, House Committee on Finance, and Senate Committee on Finance
and Appropriations or their designees, and the Director of the Department of
General Services at least 30 days prior to execution of the agreement along with
a report describing the extent to which the Commission&#8217;s recommendations
were addressed in the proposed interim or comprehensive agreement.

HISTORY: 2007, c. 764; 2008, c. 712; 2010, c. 450.