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

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

A. Any private entity seeking authorization under this chapter to develop oroperate a qualifying project shall first obtain approval of the responsiblepublic entity under § 56-575.4. Such private entity may initiate the approvalprocess by requesting approval pursuant to subsection A of § 56-575.4 or theresponsible public entity may request proposals or invite bids pursuant tosubsection B of § 56-575.4.

B. Any facility, building, infrastructure or improvement included in aproposal as a part of a qualifying project shall be identified specificallyor conceptually.

C. Upon receipt by the responsible public entity of a proposal submitted by aprivate entity initiating the approval process pursuant to subsection A of §56-575.4, the responsible public entity shall determine whether to acceptsuch proposal for consideration in accordance with § 56-575.16. If theresponsible public entity determines not to accept for consideration theproposal submitted by the private entity pursuant to subsection A of §56-575.4, it shall return the proposal, together with all fees andaccompanying documentation, to the private entity.

D. The responsible public entity may reject any proposal initiated by aprivate entity pursuant to subsection A of § 56-575.4 at any time.

(2002, c. 571; 2003, cc. 292, 1034; 2005, c. 865.)