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2008 SESSION
082393656Be it enacted by the General Assembly of Virginia:
1. That § 56-575.1 of the Code of Virginia is amended and reenacted as follows:
§ 56-575.1. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Affected jurisdiction" means any county, city or town in which all or a portion of a qualifying project is located.
"Appropriating body" means the body responsible for appropriating or authorizing funding to pay for a qualifying project.
"Commission" means the State Corporation Commission.
"Comprehensive agreement" means the comprehensive agreement between the private entity and the responsible public entity required by § 56-575.9.
"Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or expand.
"Interim agreement" means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes activity on any part of the qualifying project.
"Lease payment" means any form of payment, including a land lease, by a public entity to the private entity for the use of a qualifying project.
"Material default" means any default by the private entity in the performance of its duties under subsection E of § 56-575.8 that jeopardizes adequate service to the public from a qualifying project.
"Operate" means to finance, maintain, improve, equip, modify, repair, or operate.
"Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity.
"Public entity" means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose.
"Qualifying project" means (i) any education
facility, including, but not limited to a school building, any functionally
related and subordinate facility and land to a school building (including any
stadium or other facility primarily used for school events), and any
depreciable property provided for use in a school facility that is operated as
part of the public school system or as an institution of higher education; (ii)
any building or facility that meets a public purpose and is developed or
operated by or for any public entity; (iii) any improvements, together with
equipment, necessary to enhance public safety and security of buildings to be
principally used by a public entity; (iv) utility and telecommunications and
other communications infrastructure; (v) a recreational facility; (vi)
technology infrastructure and, services, and applications,
including, but not limited to, telecommunications, automated data processing, word
processing and management information systems, and related information,
equipment, goods and services; (vii) any technology infrastructure,
equipment, applications, goods and services designed to increase productivity
or efficiency, (viii) any technology, equipment, or infrastructure designed
to deploy wireless broadband services to schools, businesses, or residential
areas; or (viii) (ix) any improvements necessary or desirable to
any unimproved locally- or state-owned real estate.
"Responsible public entity" means a public entity that has the power to develop or operate the applicable qualifying project.
"Revenues" means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, 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.
"Service contract" means a contract entered into between a public entity and the private entity pursuant to § 56-575.5.
"Service payments" means payments to the private entity of a qualifying project pursuant to a service contract.
"State" means the Commonwealth of Virginia.
"User fees" mean the rates, fees or other charges imposed by the private entity of a qualifying project for use of all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to § 56-575.9.