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2011 SESSION

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11101718D
HOUSE BILL NO. 1658 Offered January 12, 2011 Prefiled January 10, 2011 A BILL to amend and reenact § 56-575.3 of the Code of Virginia, relating to the Public-Private Education Facilities and Infrastructure Act of 2002; legislative review of certain proposals initiated by private entities. ---------- Patron-- Purkey ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 56-575.3 of the Code of Virginia is amended and reenacted as follows:

§ 56-575.3. Prerequisite for operation of a qualifying project.

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 § 56-575.4. Such private entity may initiate the approval process by requesting approval pursuant to subsection A of § 56-575.4 or the responsible public entity may request proposals or invite bids pursuant to subsection B of § 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 § 56-575.4, the responsible public entity shall determine whether to accept such proposal for consideration in accordance with § 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 § 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 § 56-575.4 at any time.

E. Responsible public entities that are state agencies shall obtain approval from the General Assembly before accepting any proposal initiated by a private entity that includes a facility, building, infrastructure, or asset with a potential market value of $10 million or more.