A. Any financing of a qualifying facility may be in such amounts and upon such terms and conditions as may be determined by the parties to the interim or comprehensive agreement. Without limiting the generality of the terms and conditions of the financing, the private entity and the responsible public entity may propose to utilize any and all funding resources that may be available to them and may, to the fullest extent permitted by applicable law, issue debt, equity, or other securities or obligations, enter into leases, access any designated trust funds, borrow or accept grants from any state infrastructure bank, and secure any financing with a pledge of, security interest in, or lien on, any or all of its property, including all of its property interests in the qualifying facility.
B. The responsible public entity may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter and may enter into any contracts required to receive such assistance. If the responsible public entity is a state agency, any funds received from the state or federal government or any agency or instrumentality thereof shall be subject to appropriation by the General Assembly. The responsible public entity may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the local, state, or federal government or any agency or instrumentality thereof.
2002, c. 571; 2005, c. 865.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 22.1 - The Public-Private Education Facilities and Infrastructure Act of 2002
§ 56-575.2. Declaration of public purpose
§ 56-575.3. Prerequisite for operation of a qualifying project
§ 56-575.3:1. Adoption of guidelines by responsible public entities
§ 56-575.4. Approval of qualifying projects by the responsible public entity
§ 56-575.6. Affected local jurisdictions
§ 56-575.7. Dedication of public property
§ 56-575.8. Powers and duties of the private entity
§ 56-575.9. Comprehensive agreement
§ 56-575.9:1. Interim agreement
§ 56-575.10. Federal, state and local assistance
§ 56-575.11. Material default; remedies
§ 56-575.14. Police powers; violations of law
§ 56-575.15. Sovereign immunity
§ 56-575.17. Posting of conceptual proposals; public comment; public access to procurement records
§ 56-575.17:1. Contributions and gifts; prohibition during approval process