State Survey of P3 Authorizing Statutes: Virginia

Va. Code Ann. § 33.2‐1800

Summary

The law authorizes a private entity to develop and/or operate a qualifying transportation facility, subject to approval from and a comprehensive agreement with the responsible public entity.

The comprehensive agreement shall, as appropriate, provide for the delivery of performance and payment bonds in connection with the development and/or operation of the qualifying transportation facility, in the forms and amounts satisfactory to the responsible public entity.

Excerpt:

“§ 33.2‐1808. Comprehensive Agreement.

A. Prior to developing and/or operating the qualifying transportation facility, the private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall, as appropriate, provide for:

Delivery of performance and payment bonds in connection with the development and/or operation of the qualifying transportation facility, in the forms and amounts satisfactory to the responsible public entity;”

Va. Code Ann. §§ 56‐575.1 thru 575.18

Summary

The law authorizes government agencies to use P3s for education facilities, technology infrastructure, and other public facilities.

Excerpt:

“§ 56‐575.9. Comprehensive agreement.

A. Prior to developing or operating the qualifying project, the private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall provide for:

Delivery of maintenance, performance and payment bonds, letters of credit in connection with the development or operation of the qualifying project, in the forms and amounts satisfactory to the responsible public entity and in compliance with § 2.2‐4337 for those components of the qualifying project that involve construction;”

Va. Code Ann. § 23.1-108

Summary

The law permits public institutions of higher education to enter public-private partnerships for wind or solar power generation. Each public institution of higher education may enter into a public-private partnership with any private entity whereby such entity is permitted to use at no cost property owned or controlled by such public institution of higher education for the generation of wind or solar power in exchange for offering educational immersion programs that provide hands-on education and training in the construction, operations, and maintenance of its wind or solar power generators. Any energy produced by solar or wind power generators as a result of a public-private partnership established pursuant to this section shall be (i) used to provide power for the partner public institution of higher education or (ii) introduced to applicable power grids and sold at market rates, with profits split as agreed upon by the private entity and the partner public institution of higher education.

No surety bond language.