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<br />regarding a proposed project prior to entering into competitive negotiations with one or more
<br />private entities to develop an interim or comprehensive agreement.
<br />
<br />"Develop" or "development" means to plan, design, develop, finance, lease, acquire, install,
<br />construct, or expand.
<br />
<br />"Interim agreement" means an agreement between a private entity and a responsible public
<br />entity that provides for phasing of the development or operation, or both, of a qualifying project.
<br />Such phases may include, but are not limited to, design, planning, engineering, environmental
<br />analysis and mitigation, financial and revenue analysis, or any other phase of the project that
<br />constitutes activity on any part of the qualifying project.
<br />
<br />"Lease payment" means any form of payment, including a land lease, by a public entity to the
<br />private entity for the use of a qualifying project.
<br />"Lifecycle cost analysis" means an analysis that calculates cost of an asset over its entire life
<br />span and includes the cost of planning, constructing, operating, maintaining, replacing, and when
<br />applicable, salvaging the asset. Although one proposal may have a lower initial construction cost,
<br />it may not have the lowest lifecycle cost once maintenance, replacement, and salvage value is
<br />considered.
<br />
<br />"Material default" means any default by the private entity in the performance of its duties that
<br />jeopardizes adequate service to the public from a qualifying project.
<br />
<br />"Operate" means to finance, maintain, improve, equip, modify, repair, or operate,
<br />
<br />"Opportunity cost" means the cost of passing up another choice when making a decision or the
<br />increase in costs due to delays in making a decision.
<br />
<br />"Private entity" means any natural person, corporation, general partnership, limited liability
<br />company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit
<br />entity, or other business entity.
<br />
<br />"Public entity" means the Commonwealth and any agency or authority thereof, any county, city
<br />or town and any other political subdivision of the Commonwealth, any public body politic and
<br />corporate, or any regional entity that serves a public purpose.
<br />
<br />"Qualifying project" means (i) any education facility, including, but not limited to a school
<br />building, any functionally related and subordinate facility and land of a school building (including
<br />any stadium or other facility primarily used for school events), and any depreciable property
<br />provided for use in a school facility that is operated as part of the public school system or as an
<br />institution of higher education; (ii) any building or facility that meets a public purpose and is
<br />developed or operated by or for any public entity; (iii) any improvements, together with
<br />equipment, necessary to enhance public safety and security of buildings to be principally used by
<br />a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a
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