§ 54-6-102 — Chapter definitions

As used in this chapter: (1) "Affected jurisdiction" means any county or municipality in which all or a portion of a qualifying transportation facility is located; (2) "Availability payments" means payments by a public entity to an eligible private entity in connection with the development, redevelopment, or operation of a qualifying transportation facility pursuant to a service contract or comprehensive agreement; (3) "Comprehensive agreement" means the comprehensive agreement between the eligible private entity and the responsible public entity required by § 54-6-110 ; (4) "Consortium" means an organization, association, or other entity comprised of one (1) or more private entities and established for the purpose of entering into a public-private initiative under this chapter; (5) "Department" means the department of transportation; (6) "Develop" or "development": (A) Means the entire process of bringing a transportation facility to completion or expanding an existing transportation facility for additional capacity; and (B) Includes planning, research, feasibility analysis, environmental evaluation, preliminary engineering, designing, acquisition of rights-of-way, relocation of utilities, permitting, environmental mitigation, contracting, financing, and construction; (7) "Eligible private entity": (A) Means the private entity that is responsible for development, redevelopment, or operation, or a combination of such activities, of a qualifying transportation facility; and (B) Includes a consortium; (8) "Interim agreement" means an agreement, including a memorandum of understanding or binding preliminary agreement, between the private entity and the responsible public entity that provides for completion of studies and any other activities to advance the development, redevelopment, or operation, or any combination of these activities, of a qualifying transportation facility; (9) "Operate" or "operation": (A) Means any activity associated with the management, operation, and maintenance of a completed transportation facility; and (B) Includes installing, repairing, or replacing equipment; maintenance, repair, or improvement of the transportation facility; the payment of debt service on bonds, loans, federal credit enhancements, private placements, amounts payable under hedging agreements and ancillary agreements and other costs related to the agreements; the payment of dividends; the payment of salaries, benefits, and other costs of employees or employment necessary to the development, redevelopment, or operation of transportation facilities; the collection of user fees and the payment of costs of operation and debt service; and contracting or administering contracts related to, and the financing of, any activity under this subdivision (9); (10) "Private entity" means any natural person, corporation, limited liability company, partnership, joint venture, or other private business entity; (11) "Proprietary" in regard to information, means commercial or financial information that is used either directly or indirectly in the business of any private entity submitting information to a responsible public entity under this chapter, and that gives the private entity an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information, or information that, the release of which, would compromise the negotiating positions of the public or private entities, which information includes trade secrets; (12) "Public entity": (A) Means this state or any county or municipality; any agency or authority of this state or of a county or municipality; and any authority, board, district, instrumentality, or other entity created pursuant to the laws of this state or created by this state or by one (1) or more counties or municipalities; and (B) Includes a local transit authority, metropolitan planning organization, or regional transportation authority; (13) "Public-private initiative" means a contractual arrangement between the responsible public entity and one (1) or more private entities, the terms of which are stated in a public-private agreement, that provides for: (A) Acceptance of a private equity contribution, including a money payment, for the right to develop, redevelop, or operate a project or to provide service for a qualified transportation facility; (B) Sharing of resources and the means of providing a project or service for a transportation facility; or (C) Cooperation in developing, redeveloping, and operating projects or services for a transportation facility; (14) "Qualifying transportation facility" means one (1) or more transportation facilities developed, redeveloped, or operated by a private entity pursuant to this chapter; (15) "Redevelop" or "redevelopment" means the process of replanning, reconstructing, or redesigning a transportation facility, including acquisition, clearance, development, or disposal, or any combination of these activities, of a transportation facility; (16) "Responsible public entity" means a public entity that has the power to develop, redevelop, or operate the applicable transportation facility; (17) "Revenues": (A) Means all revenues derived from and on account of, or generated by, a qualifying transportation facility, directly or indirectly, and any revenues paid, contributed, or pledged to an eligible private entity by a public entity pursuant to law, agreement, or otherwise; and (B) Includes user fees; availability payments; milestone payments; progress payments; capital contributions; income; earnings; lease payments; allocations; federal, state, regional, and local appropriations or the appropriations or other funds available to a public entity; bond proceeds; equity investments; and money received as grants or otherwise from the federal government or from any public entity in aid of the facility; (18) "Service contract" means a contract entered into pursuant to § 54-6-111 ; (19) "Transportation facility" means any mass transit system intended for shared passenger transport services to the general public, together with any building, structure, appurtenance, utility, transport support facility, transport vehicles, service vehicles, parking facility, or any other facility, structure, vehicle or property needed to operate the transportation facility or provide connectivity for the transportation facility to any other non-mass transit system transportation infrastructure including, but not limited to, interstates, highways, roads, streets, alleys, and sidewalks; and (20) "User fees" means the rates, fees, or other charges imposed by the eligible private entity of a qualifying transportation facility for use of all or a portion of the qualifying transportation facility.

Legislative History

Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.