                                 CODE OF VIRGINIA

DEFINITIONS (§ 33.2-1800)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Affected locality or public entity&#8221; means any county, city, or
town in which all or a portion of a qualifying transportation facility is
located and any other responsible public entity directly affected by the
qualifying transportation facility.
		&#8220;Commission&#8221; means the State Corporation Commission.
		&#8220;Comprehensive agreement&#8221; means the comprehensive agreement
between the private entity and the responsible public entity required by §
33.2-1808.
		&#8220;Concession&#8221; means any lease, license, franchise, easement, or
other binding agreement transferring rights for the use or control, in whole or
in part, of a qualifying transportation facility by a responsible public entity
to a private entity for a definite term during which the private entity will
provide transportation-related services, including operations and maintenance,
revenue collection, toll-collection enforcement, design, construction, and other
activities that enhance throughput, reduce congestion, or otherwise manage the
facility, in return for the right to receive all or a portion of the revenues of
the qualifying transportation facility.
		&#8220;Concession payment&#8221; means a payment from a private entity to a
responsible public entity in connection with the development and/or operation of
a qualifying transportation facility pursuant to a concession.
		&#8220;Develop&#8221; or &#8220;development&#8221; means to plan, design,
develop, finance, lease, acquire, install, construct, or expand.
		&#8220;Interim agreement&#8221; means an agreement, including a memorandum of
understanding or binding preliminary agreement, between the private entity and
the responsible public entity that provides for completion of studies and any
other activities to advance the development and/or operation of a qualifying
transportation facility.
		&#8220;Material default&#8221; means any default by the private entity in the
performance of its duties under subsection E of § 33.2-1807 that jeopardizes
adequate service to the public from a qualifying transportation facility and
remains unremedied after the responsible public entity has provided notice to
the private entity and a reasonable cure period has elapsed.
		&#8220;Multimodal transportation facility&#8221; means a transportation
facility consisting of multiple modes of transportation.
		&#8220;Operate&#8221; or &#8220;operation&#8221; means to finance, maintain,
improve, equip, modify, repair, or operate.
		&#8220;Private entity&#8221; means any natural person, corporation, general
partnership, limited liability company, limited partnership, joint venture,
business trust, public benefit corporation, nonprofit entity, or other business
entity.
		&#8220;Public entity&#8221; means the Commonwealth and any agency or authority
thereof; any county, city, or town; and any other political subdivision of any
of the foregoing, but does not include any public service company.
		&#8220;Qualifying transportation facility&#8221; means one or more
transportation facilities developed and/or operated by a private entity pursuant
to this chapter.
		&#8220;Responsible public entity&#8221; means a public entity, including local
governments and regional authorities, that has the power to develop and/or
operate the qualifying transportation facility.
		&#8220;Revenues&#8221; means all revenues, including income; earnings; user
fees; lease payments; allocations; federal, state, regional, and local
appropriations or the appropriations or other funds available to any political
subdivision, authority, or instrumentality thereof; bond proceeds; equity
investments, service payments, or any combination thereof arising out of or in
connection with supporting the development and/or operation of a qualifying
transportation facility, including money received as grants or otherwise from
the United States of America, from any public entity, or from any agency or
instrumentality of the foregoing in aid of such facility.
		&#8220;Service contract&#8221; means a contract entered into between a public
entity and the private entity pursuant to § 33.2-1804.
		&#8220;Service payments&#8221; means payments to the private entity in
connection with the development and/or operation of a qualifying transportation
facility pursuant to a service contract.
		&#8220;State&#8221; means the Commonwealth of Virginia.
		&#8220;Transportation facility&#8221; means any road, bridge, tunnel,
overpass, ferry, airport, mass transit facility, vehicle parking facility, port
facility, or similar commercial facility used for the transportation of persons
or goods, together with any buildings, structures, parking areas, appurtenances,
and other property needed to operate such facility; however,
&#8220;transportation facility&#8221; does not include a commercial or retail
use or enterprise not essential to the transportation of persons or goods.
		&#8220;User fees&#8221; mean the rates, tolls, fees, or other charges imposed
by the private entity for use of all or a portion of a qualifying transportation
facility pursuant to the interim or comprehensive agreement.

HISTORY: 1994, c. 855, § 56-557; 1995, c. 647; 2001, c. 286; 2002, cc. 570,
593; 2005, cc. 504, 562; 2006, c. 922; 2014, c. 805.