1.  The Department of Mental Health, Mental Retardation and Substance Abuse Services, with the concurrence of the Secretary of Health and Human Resources, is hereby authorized to design and construct, or permit the design and construction of, a replacement facility for the existing Eastern State Hospital.

2. The purpose of the solicitation shall be to determine the interest of the private sector, through public-private partnerships or other methods, in engaging in activities at the site that foster economic development and urban development efforts.  The solicitation shall provide for an opportunity for a public-private partnership for the construction of a new hospital facility.  Development of the remainder of the site shall not begin until construction of the hospital has commenced.  

3. The department is authorized to enter into a comprehensive agreement pursuant to the Public-Private Partnership Educational Facilities and Infrastructure Act of 2002 (PPEA) for the design and construction of the facility for an amount not to exceed $59,715,000.

4. If, after a feasibility study, the department determines there will be cost and time savings generated by modifying the existing comprehensive agreement relating to Eastern State Hospital to include the design and construction of an adjacent replacement facility, the department is hereby authorized to amend or modify the existing comprehensive agreement relating to Eastern State Hospital previously entered into pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002. 5. In order to maintain the mission of Eastern State Hospital, the proposal must include provisions that ensure the best interests of the consumers and employees of the facility.  The details of the proposed development shall be made available for public comment at least 30 days prior to entering into any comprehensive agreement or amended comprehensive agreement.  Such activities shall not require the creation of a state and community consensus and planning team pursuant to § 37.2-316, Code of Virginia.

6. Any net proceeds received from the sale of surplus land currently occupied by Eastern State Hospital shall be invested in the Mental Health, Mental Retardation, and Substance Abuse Services Trust Fund established pursuant to § 37.2-318, Code of Virginia.