(a) "Affected jurisdiction" means any county [, city, or town / or municipal corporation], or other unit of government within the State in which all or part of a transportation facility is located or any other public entity directly affected by the transportation facility.
(b) "Department" means the State Department of Transportation.
(c) "Force majeure" means an uncontrollable force or natural disaster not within the power of the operator or the State.
(d) "Maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the Department.
(e) "Material default" means any failure of an operator to perform any duties under a public-private agreement, which jeopardizes delivery of adequate service to the public and remains unsatisfied after a reasonable period of time and after the operator has received written notice from the Department of the failure.
(f) "Operate" means any action to maintain, rehabilitate, improve, equip, or modify a transportation facility.
(g) "Operator" means a private entity that has entered into a public-private agreement under this [title/chapter/article].
(h) "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity.
(i) "Public-private agreement" means the agreement between a private entity and the Department that relates to the development, financing, maintenance, or operation of a transportation facility subject to this [title/chapter/article].
(j) "Public-private initiative" means an arrangement between the Department and one or more private entities, the terms of which are stated in a public-private agreement, that provides for:
(1) acceptance of a private contribution, including a money payment, for a project or service for a transportation facility;
(2) sharing of resources and the means of providing a project or service for a transportation facility;
(3) cooperation in researching, developing, and implementing projects or services for a transportation facility.
(k) "Transportation facility" means any, including new and existing, highway, road, bridge, tunnel, overpass, ferry, airport, public transportation facility, vehicle parking facility, seaport facility, rail facility, intermodal facility, or similar facility open to the public and used for the transportation of persons or goods, and any building, structure, parking area, appurtenances, or other property needed to operate such facility that is subject to a public-private agreement.
(l) "User fees" means the rate, toll, fee, or other charges imposed by an operator for use of all or part of a transportation facility.
(m) "Utility" means a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including fire or police signal system or street lighting system, which directly or indirectly serves the public.