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<br />INTRODUCTION <br /> <br />Overview <br /> <br />The Public-Private Education Facilities and Infrastructure Act of 2002, as amended, (the <br />"PPEA") grants responsible public entities the authority to create public-private partnerships for <br />the development of a wide range of projects for public use if the public entities determine there is <br />a need for the project and that private involvement may provide the project to the public in a <br />timely or cost-effective fashion, The PPEA defines "responsible public entity" (RPE) to include <br />any public entity that "has the power to develop or operate the applicable qualifying project." <br />Individually negotiated interim or comprehensive agreements between a private entity and an <br />RPE will define the respective rights and obligations of the RPE and the private entity, <br /> <br />In order for a project to come under the PPEA, it must meet the definition ofa "qualifying <br />project." The PPEA contains a broad definition of qualifying project that includes public <br />buildings and facilities of all types; for example: <br /> <br />(i) An education facility, including but not limited to a school building (including any <br />stadium or other facility primarily used for school events), any functionally related <br />and subordinate facility and land to a school building and any depreciable property <br />provided for use in a school facility that is operated as part of the public school <br />system or as an institution of higher education; <br /> <br />(ii) A building or facility that meets a public purpose and is developed or operated by <br />or for any public entity; <br /> <br />(iii) Improvements, together with equipment, necessary to enhance public safety and <br />security of buildings to be principally used by a public entity; <br /> <br />(iv) Utility and telecommunications and other communications infrastructure; <br /> <br />(v) A recreational facility; <br /> <br />(vi) Technology infrastructure and servIces, including but not limited to <br />telecommunications, automated data processing, word processing and <br />management information systems, and related information, equipment, goods and <br />servIces; <br /> <br />(vii) Technology, equipment, or infrastructure designed to deploy wireless broadband <br />services to schools, businesses, or residential areas; <br /> <br />(viii) Services designed to increase the productivity or efficiency through the use of <br />technology or other means; <br /> <br />(ix) Any improvements necessary or desirable to any unimproved locally- or state- <br />owned real estate; or <br /> <br />Page 4 of 29 <br />