                                 CODE OF VIRGINIA

PREREQUISITE FOR OPERATION OF A QUALIFYING PROJECT (§ 56-575.3)

A. Any private entity seeking authorization under this chapter to develop or
operate a qualifying project shall first obtain approval of the responsible
public entity under &#xA7; 56-575.4. Such private entity may initiate the
approval process by requesting approval pursuant to subsection A of &#xA7;
56-575.4 or the responsible public entity may request proposals or invite bids
pursuant to subsection B of &#xA7; 56-575.4.

B. Any facility, building, infrastructure or improvement included in a proposal
as a part of a qualifying project shall be identified specifically or
conceptually.

C. Upon receipt by the responsible public entity of a proposal submitted by a
private entity initiating the approval process pursuant to subsection A of
&#xA7; 56-575.4, the responsible public entity shall determine whether to accept
such proposal for consideration in accordance with &#xA7; 56-575.16. If the
responsible public entity determines not to accept for consideration the
proposal submitted by the private entity pursuant to subsection A of &#xA7;
56-575.4, it shall return the proposal, together with all fees and accompanying
documentation, to the private entity.

D. The responsible public entity may reject any proposal initiated by a private
entity pursuant to subsection A of &#xA7; 56-575.4 at any time. If the
responsible public entity rejects a proposal initiated by a private entity that
purports to develop specific cost savings, the public entity shall specify the
basis for the rejection.

HISTORY: 2002, c. 571; 2003, cc. 292, 1034; 2005, c. 865; 2011, c. 308.