79211356-575.4Virginia Decodedhttps://vacode.org2016Public Service CompaniesThe Public-private Education Facilities And Infrastructure Act Of 2002Approval of qualifying projects by the responsible public entity2002, c. 571; 2003, c. 1034; 2004, c. 690; 2005, c. 865; 2007, c. 764.http://law.lis.virginia.gov/vacode/56-575.4/2.2-3705.6Exclusions to application of chapter; proprietary records and trade secrets/2.2-3705.6/30-278Definitions/30-278/56-575.9Comprehensive agreement/56-575.9//56-575.4/56/22.1/56-575.456-575.1756-575.256-575.356-575.6A 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:sectionAA1 A topographic map (1:2,000 or other appropriate scale) indicating the location of the qualifying project;sectionA1A12 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;sectionA2A22 A statement setting forth the method by which the private entity proposes to secure necessary property interests required for the qualifying project;sectionA3A32 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;sectionA4A42 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;sectionA5A52 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;sectionA6A62 The names and addresses of the persons who may be contacted for further information concerning the request;sectionA8A82 User fees, lease payments, and other service payments over the term of the interim or comprehensive agreement pursuant to § 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; andsectionA9A92 Such additional material and information as the responsible public entity may reasonably request.sectionA10A102The responsible public entity may request proposals or invite bids from private entities for the development or operation of qualifying projects.sectionBB1The 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:sectionCC1 There is a public need for or benefit derived from the qualifying project of the type the private entity proposes as a qualifying project;sectionC1C12 The estimated cost of the qualifying project is reasonable in relation to similar facilities; andsectionC2C22In 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.sectionFF1The 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 § 2.2-3705.6.sectionGG1Nothing 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.sectionHH1Prior 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 (§ 30-278 et seq.) of Title 30.sectionII1