50-5C-1. Definitions.

As used in this chapter, the term:

“Affected local jurisdiction” means any county, municipality, or school district in which all or a portion of a qualifying project is located.#

“Comprehensive agreement” means the written agreement between the private entity and the responsible public entity required by Code Section 50-5C-5.#

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

“Person” means an individual, corporation, partnership, trust, association, or other legal entity.#

“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.#

“Public entity” means a department, agency, board, bureau, commission, authority, or instrumentality of the State of Georgia, including the Board of Regents of the University System of Georgia as well as a local government or local authority.#

“Qualifying project” means any project submitted by a private entity as an unsolicited proposal in accordance with this chapter and subsequently reviewed and approved by a responsible public entity, 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 Title 36; 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 Chapter 91 of Title 36.#

“Responsible public entity” means a public entity that has the power to contract with a private entity to develop an identified qualifying project. For any unsolicited proposal for a project at one or more institutions of the University System of Georgia, the responsible public entity shall be the Board of Regents of the University System of Georgia or its designees. For any unsolicited proposal for a project for one or more state government entities, other than an institution of the University System of Georgia, the responsible public entity shall be the State Properties Commission.#

“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 responsible public entity and is not in response to any request for proposal issued by a responsible public entity.#