                                 CODE OF VIRGINIA

APPROVAL OF QUALIFYING PROJECTS BY THE RESPONSIBLE PUBLIC ENTITY (§ 56-575.4)

A. A private entity may request approval of a qualifying project by the
responsible public entity. Any such request shall be accompanied by the
following material and information unless waived by the responsible public
entity:

   1. A topographic map (1:2,000 or other appropriate scale) indicating the
   location of the qualifying project;

   2. A description of the qualifying project, including the conceptual design of
   such facility or facilities or a conceptual plan for the provision of services
   or technology infrastructure, and a schedule for the initiation of and
   completion of the qualifying project to include the proposed major
   responsibilities and timeline for activities to be performed by both the
   public and private entity;

   3. A statement setting forth the method by which the private entity proposes
   to secure necessary property interests required for the qualifying project;

   4. Information relating to the current plans for development of facilities or
   technology infrastructure to be used by a public entity that are similar to
   the qualifying project being proposed by the private entity, if any, of each
   affected local jurisdiction;

   5. A list of all permits and approvals required for the qualifying project
   from local, state, or federal agencies and a projected schedule for obtaining
   such permits and approvals;

   6. A list of public utility facilities, if any, that will be crossed by the
   qualifying project and a statement of the plans of the private entity to
   accommodate such crossings;

   7. A statement setting forth the private entity&#8217;s general plans for
   financing the qualifying project including the sources of the private
   entity&#8217;s funds and identification of any dedicated revenue source or
   proposed debt or equity investment on the behalf of the private entity;

   8. The names and addresses of the persons who may be contacted for further
   information concerning the request;

   9. User fees, lease payments, and other service payments over the term of the
   interim or comprehensive agreement pursuant to &#xA7; 56-575.9 or 56-575.9:1
   and the methodology and circumstances for changes to such user fees, lease
   payments, and other service payments over time; and

   10. Such additional material and information as the responsible public entity
   may reasonably request.

B. The responsible public entity may request proposals or invite bids from
private entities for the development or operation of qualifying projects.

C. The responsible public entity may grant approval of the development or
operation of the education facility, technology infrastructure or other public
infrastructure or government facility needed by a public entity as a qualifying
project, or the design or equipping of a qualifying project so developed or
operated, if the responsible public entity determines that the project serves
the public purpose of this chapter. The responsible public entity may determine
that the development or operation of the qualifying project as a qualifying
project serves such public purpose if:

   1. There is a public need for or benefit derived from the qualifying project
   of the type the private entity proposes as a qualifying project;

   2. The estimated cost of the qualifying project is reasonable in relation to
   similar facilities; and

   3. The private entity&#8217;s plans will result in the timely development or
   operation of the qualifying project.
   				In evaluating any request, the responsible public entity may rely upon
   internal staff reports prepared by personnel familiar with the operation of
   similar facilities or the advice of outside advisors or consultants having
   relevant experience.

D. The responsible public entity may charge a reasonable fee to cover the costs
of processing, reviewing and evaluating the request, including without
limitation, reasonable attorney&#8217;s fees and fees for financial, technical,
and other necessary advisors or consultants.

E. The approval of the responsible public entity shall be subject to the private
entity&#8217;s entering into an interim or comprehensive agreement pursuant to
&#xA7; 56-575.9 with the responsible public entity.

F. In connection with its approval of the qualifying project, the responsible
public entity shall establish a date for the commencement of activities related
to the qualifying project. The responsible public entity may extend such date
from time to time.

G. The responsible public entity shall take appropriate action to protect
confidential and proprietary information provided by the private entity pursuant
to an agreement under subdivision 11 of &#xA7; 2.2-3705.6.

H. Nothing in this chapter or in an interim or comprehensive agreement entered
into pursuant to this chapter shall be deemed to enlarge, diminish or affect the
authority, if any, otherwise possessed by the responsible public entity to take
action that would impact the debt capacity of the Commonwealth.

I. Prior to entering into the negotiation of an interim or comprehensive
agreement, each responsible public entity that is an agency or institution of
the Commonwealth shall submit copies of detailed proposals to the Public-Private
Partnership Advisory Commission as provided by Chapter 42 (&#xA7; 30-278 et
seq.) of Title 30.

J. Any proposed comprehensive agreement for a qualifying project where the
responsible public entity is an agency or institution of the Commonwealth that
(i) creates state tax-supported debt, (ii) requires a level of appropriation
significantly beyond the appropriation received by the responsible public entity
in the most recent appropriation act, or (iii) significantly alters the
Commonwealth&#8217;s discretion to change the level of services or the funding
for such services over time, shall be reviewed by the appropriating body prior
to execution.

HISTORY: 2002, c. 571; 2003, c. 1034; 2004, c. 690; 2005, c. 865; 2007, c. 764.