36-91-110. Definitions.

As used in this article, the term:

“Comprehensive agreement” means the written agreement between the private entity and the local government required by Code Section 36-91-115.#

“Develop” or “development” means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand.#

“Local authority” means any local authority created pursuant to a local or general Act of the General Assembly, including a joint public instrumentality.#

“Local government” means any county, municipality, consolidated government, or board of education.#

“Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.#

“Qualifying project” means any project selected in response to a request from a local government or submitted by a private entity as an unsolicited proposal in accordance with this article and subsequently reviewed and approved by a local government, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving:#

1. (A)

   The generation of electric energy for sale pursuant to Chapter 3 of Title 46;#

2. (B)

   Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46;#

3. (C)

   Cable and video services pursuant to Chapter 76 of this title; or#

4. (D)

   Water reservoir projects as defined in paragraph (10) of Code Section 12-5-471, which shall be governed by Article 4 of this chapter.#

“Revenue” 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.#

“Unsolicited proposal” means a written proposal for a qualifying project that is received by a local government and is not in response to any request for proposal for a qualifying project issued by a local government.#