                                 CODE OF VIRGINIA

POWERS AND DUTIES OF THE PRIVATE ENTITY (§ 33.2-1807)

A. 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 and/or operate the qualifying transportation facility and
impose user fees and/or enter into service contracts in connection with the use
thereof. However, no tolls or user fees may be imposed by the private entity on
Interstate 81 without the prior approval of the General Assembly. Prior approval
of the General Assembly shall also be required prior to the imposition or
collection of any toll for use of Interstate 95 south of Fredericksburg pursuant
to the Interstate System Reconstruction or Rehabilitation Pilot Program. No
private entity may operate a rest area, as defined in &#xA7; 33.2-1200, for
commercial purposes without the prior approval of the General Assembly.

B. The private entity may own, lease, or acquire any other right to use or
develop and/or operate the qualifying transportation facility.

C. Subject to applicable permit requirements, the private entity shall have the
authority to cross any canal or navigable watercourse so long as the crossing
does not unreasonably interfere with then current navigation and use of the
waterway.

D. In operating the qualifying transportation facility, the private entity may:

   1. Make classifications according to reasonable categories for assessment of
   user fees; and

   2. 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 a similar transportation facility.

E. The private entity shall:

   1. Develop and/or operate the qualifying transportation facility in a manner
   that meets the standards of the responsible public entity for transportation
   facilities operated and maintained by such responsible public entity, all in
   accordance with the provisions of the interim agreement or the comprehensive
   agreement;

   2. Keep the qualifying transportation facility open for use by the members of
   the public in accordance with the terms and conditions of the interim or
   comprehensive agreement after its initial opening upon payment of the
   applicable user fees and/or service payments, provided that the qualifying
   transportation facility 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 procedures;

   3. Maintain, or provide by contract for the maintenance of, the qualifying
   transportation facility;

   4. Cooperate with the responsible public entity in establishing any
   interconnection with the qualifying transportation facility requested by the
   responsible public entity; and

   5. Comply with the provisions of the interim or comprehensive agreement and
   any service contract.

HISTORY: 1994, c. 855, § 56-565; 1995, c. 647; 2002, c. 593; 2005, cc. 504,
562;  2008, cc. 602, 838; 2014, c. 805; 2015, c. 681; 2018, cc. 350, 351.