reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2H. Marcellus Gas and Manufacturing Development Act › §5B-2H-2. Legislative Findings; Declaration of Public Policy

(a) The Legislature finds that:
(1) The advent and advancement of new and existing technologies and drilling practices have created the opportunity for the efficient development of natural gas contained in underground shales and other geological formations.
(2) With development of the Marcellus shale comes the opportunity for economic development in related areas of the economy including, but not limited to, manufacturing, transmission of natural gas and related products and the transportation of manufactured products.
(3) It is in the interest of national security to encourage post-production uses of natural gas and its various components as a replacement for oil imported from other countries.
(4) Producers of natural gas, transporters of natural gas and manufacturers of products using natural gas face a significant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping. Agencies should work together, where practical, to avoid duplication, promote better coordination and reduce these requirements, thus reducing costs, simplifying and harmonizing rules and streamlining regulatory oversight.
(5) In developing regulatory actions and identifying appropriate approaches, agencies should attempt to promote coordination, simplification, and harmonization.
(6) Agencies should also seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation.
(7) Agencies should review their existing significant legislative, interpretive and procedural rules to determine whether any such rules should be modified, streamlined, expanded or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.
(8) The West Virginia Economic Development Authority established in article fifteen, chapter thirty-one of this code and the West Virginia Infrastructure and Jobs Development Council created in article fifteen-a, chapter thirty-one of this code, should, where appropriate, provide assistance that grows or sustains this segment of the economy.
(b) The Legislature declares that facilitating the development of business activity directly and indirectly related to development of the Marcellus shale serves the public interest of the citizens of this state by promoting economic development and improving economic opportunities for the citizens of this state.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2I. Department of Tourism › §5B-2I-2. West Virginia Department of Tourism

The West Virginia Tourism Office, previously continued from the Division of Tourism, is continued but is hereafter raised to a separate and distinct department of the executive branch of state government and is designated and shall be known as the West Virginia Department of Tourism. All references in this code to the Division of Tourism or to the West Virginia Tourism Office shall be construed as references to the West Virginia Department of Tourism. As used in this article, "department" means the Department of Tourism.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2I. Department of Tourism › §5B-2I-3. Office of Secretary of Department of Tourism

(a) The Secretary of the Department of Tourism is the chief executive officer of the department. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected, and the secretary shall serve at the will and pleasure of the Governor. Any reference in this code to the "Executive Director" or "Commissioner" of the West Virginia Tourism Office means the Secretary of the Department of Tourism. As used in this article, "secretary" means the Secretary of the Department of Tourism.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2I. Department of Tourism › §5B-2I-5. Public-Private Partnerships

(a) The Department of Tourism may enter into contractual or joint venture agreements with one or more nonprofit corporations organized pursuant to the corporate laws of the state, organized to permit qualification pursuant to Section 501(c) of the Internal Revenue Code and organized for purposes of the promotion and development of tourism in West Virginia, and funded from sources other than the state. Members of the Tourism Advisory Council provided in this article are authorized to sit on the board of directors of such private nonprofit corporations.
(b) From time to time the department may enter into joint ventures wherein the Department of Economic Development and one or more said nonprofit corporations share in the development and funding of tourism advertising, promotion and development programs and campaigns.
(c) All contracts and joint venture agreements entered into pursuant to this section for longer than one fiscal year shall contain, in substance, a provision that the contract shall be considered canceled without further obligation on the part of the state if the Legislature, or, where appropriate, the federal government shall fail to appropriate sufficient funds therefor or shall act to impair the contract or cause it to be canceled.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2I. Department of Tourism › §5B-2I-6. Tourism Promotion Fund; Use of Funds

(a) There is continued in the State Treasury the special revenue fund known as the Tourism Promotion Fund created under prior enactment of 5B-1-9 of this code.
(b) Moneys deposited in the fund each year shall be used solely for marketing, direct advertising, business development and public relations promoting travel and tourism within the state or the states image and brand identity at the discretion and direction of the secretary of the Department of Tourism. "Direct advertising" means advertising which includes, but is not limited to, television, radio, mailings, newspaper, magazines, digital marketing, including the Internet and social media, and outdoor billboards or any combination thereof. Any balance remaining at the end of any fiscal year does not revert to the General Revenue Fund, but shall remain in the fund for expenditures in accordance with this section.
(c) Effective July 1, 2017, the Tourism Advertising Partnership Program and all related legislative or procedural rules shall cease, except as necessary for the Tourism Advisory Council to settle, finalize and conclude all outstanding advertising grants or other financial obligations of the Tourism Advisory Council respecting funds in the Tourism Promotion Fund previously approved, expended or obligated by the Tourism Advisory Council as of the effective date of this article pursuant to 5B-2I-7(e) (2) of this code and be replaced by a cooperative advertising program to be created and established by the Department of Tourism, under and pursuant to 5B-2I-4 of this code, to offer, facilitate and allow participation in the departments advertising and marketing campaigns and activities, to state agencies, departments, units of state or local government, private tourism enterprises and other persons, entities or private enterprises, including, without limitation, convention and visitors bureaus. The secretary of the Department of Tourism shall establish and publish a fee schedule, which shall include a match of state funds to program participants funds, for participation in the cooperative advertising program.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2I. Department of Tourism › §5B-2I-8. Confidentiality

Any documentary material, data or other writing made or received by the Department of Tourism, the West Virginia Department of Economic Development, or the Tourism Advisory Council, for the purpose of furnishing assistance to a new or existing business, or of developing or implementing a comprehensive tourism advertising, promotion, and development strategy pursuant to 5B-2I-4 of this code, are exempt from 29B-1-1
et seq
. of this code:
Provided
, That any agreement entered into or signed by the Department of Tourism or the Department of Economic Development which obligates public funds is subject to inspection and copying pursuant to 29B-1-1
et seq
. of this code as of the date the agreement is entered into, signed or otherwise made public.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2J. Natural Gas Liquids Economic Development Act › §5B-2J-2. Legislative Findings; Declaration of Public Policy

(a) The Legislature finds that:
(1) The advent and advancement of new and existing technologies and drilling practices have created the opportunity for the efficient development of natural gas, including natural gas liquids such as ethane, propane, butane, isobutane and pentanes, contained in underground shales and other geological formations.
(2) With the development of natural gas liquids from shales and other geological formations comes the opportunity for economic development in related areas of the economy including, but not limited to, manufacturing, transmission and storage of natural gas liquids and related products, the use of such products in manufacturing, the consumption of such products, and the transportation of manufactured products.
(3) Producers of natural gas liquids, transporters and storers of natural gas liquids, and manufacturers of products using natural gas liquids face a significant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping. Agencies should work together, where practical, to avoid duplication, promote better coordination and reduce these requirements, thus reducing costs, simplifying and harmonizing rules, and streamlining regulatory oversight.
(4) In developing regulatory actions and identifying appropriate approaches, agencies should attempt to promote coordination, simplification, and harmonization.
(5) Agencies should also seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation.
(6) Agencies should review their existing significant legislative, interpretive and procedural rules to determine whether any such rules should be modified, streamlined, expanded or repealed so as to make the agencys regulatory program more effective and less burdensome in achieving the regulatory objectives.
(7) The West Virginia Economic Development Authority established in 31-15-1
et seq.
of this code and the West Virginia Infrastructure and Jobs Development Council created in 31-15A-1
et seq.
of this code, should, where appropriate, provide assistance that grows or sustains the natural gas liquids segment of the economy.
(b) The Legislature declares that facilitating the development of business activity directly and indirectly related to development, transportation, storage and use of the natural gas liquids serves the public interest of the citizens of this state by promoting economic development and improving economic opportunities for the citizens of this state.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2K. Coalfield Communities Grant Facilitation Commission › §5B-2K-2. Legislative Findings

The Legislature finds that the historical coal field communities of this state that were once thriving and vital parts of the state have seen decades of decline as changes in coal mining technologies and mining practices and the decline in the market for coal have resulted in a steady decline in the populations and economic vitality of the coal mining regions of our state; and every effort made to revitalize these areas is an important and necessary component of the success and advancement of the economy of this state.
Many funding initiatives available to these areas in the form of matching grants from federal and private sources have become a significant and important opportunity for access to capital to initiate revitalization, but limitations of funds to match grants and having the resources to apply for and facilitate receipt of these grants has encumbered the utilization of these resources.
The Legislature, by enactment of this article, intends to initiate mechanisms to facilitate the access to such capital, by establishing a commission to administer state funds to provide to eligible local entities the required local matching portion for certain grants; and to facilitate assistance to these local entities by providing access to grant writing expertise and support by utilizing our state university and colleges to assist in the development of successful grant writing resources for local entities to maximize their success in rebuilding their communities.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2K. Coalfield Communities Grant Facilitation Commission › §5B-2K-4. Coalfield Community Grant Facilitation Special Revenue Account

A special revenue fund to be known as the Coalfield Community Grant Facilitation Fund is hereby created which shall consist of all moneys made available for the purposes of this article and include any amounts to be deposited in the fund, including all appropriations to the fund, all interest earned from investment of the fund, and any gifts, grants, or contributions received by the fund. All amounts deposited in the fund shall be awarded by the commission as provided pursuant to the provisions of this article to local governmental units and private and public entities for purposes provided for in this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2K. Coalfield Communities Grant Facilitation Commission › §5B-2K-5. Facilitation of Grant Submissions by Higher Education Institutions

To maximize the resources of the state and to create a resource for entities and persons interested in applying for grants that need assistance with grant proposal and applications, the commission shall coordinate and administer a specialized subcommittee of the commission made up of representatives of West Virginia University, Marshall University, the Alliance for Economic Development of Southern West Virginia, and all institutions of higher learning in the coal field counties and regions of this state to provide assistance in the development of grants and grant applications by persons or entities that need assistance in designing, preparing, or implementing a grant proposal submission to a governmental or private entity providing grants. This assistance shall include:
(1) Training of persons to have expertise in developing, applying for, and administering grants;
(2) Providing technical assistance to the commission on administration and facilitation of grant assistance applications; and
(3) Any other actions or initiatives that assist the commission and promote the goals of this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2K. Coalfield Communities Grant Facilitation Commission › §5B-2K-6. Report to the Legislature

The commission shall provide by December first of each year to the Joint Committee on Government and Finance an annual electronic report that provides the following:
(1) A summary of grant assistance applications received and relevant statistics relating to actions taken by the commission and grants awarded;
(2) An analysis of types of grants or public, private and nonprofit grants available but not applied for that if received could be utilized to benefit coal field communities;
(3) Recommendations regarding appropriations to the Coalfield Community Grant Facilitation Fund for the upcoming fiscal year; and
(4) Any recommended legislation or policy actions needed to facilitate greater receipt of grant funding to coalfield communities.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-2. Legislative Findings and Purpose

(a) The Legislature hereby finds that reasonably priced residential housing for graduate, post-graduate and professional job holders, technical workers, and entrepreneurs for targeted businesses in key geographical regions of this state is an essential component of West Virginias comprehensive economic development. Highly meritorious measures have been undertaken under both federal law and state law for the construction of low-income housing, direct loan support, rent assistance, supportive housing for elderly citizens and citizens with disabilities, public housing programs, business location incentives and incentives for capital formation, and entrepreneurial innovation in economically depressed areas. The Legislature finds that key geographic areas of this state are on the verge of a burgeoning expansion for economic development, accompanied by unprecedented technical innovation, creation of expansive new businesses in unexplored commercial and industrial markets, with individual opportunities for employment, entrepreneurship, personal success, and personal development for the people of West Virginia.
(b) The Legislature finds that a significant constraint upon this expansion is the lack of housing for graduate, post-graduate, professional, and technical personnel whose participation is vital to the economic success of West Virginia, and to the economic, cultural, and social betterment of West Virginia. Support for low-income housing and the other assistance, enumerated above, has the firm support of the Legislature. However, support for middle income housing and middle market housing needs in these key geographic areas is lacking. Such support is crucial for expansion of technical, industrial, and commercial markets expected for West Virginia.
(c) Therefore, the Legislature hereby establishes the BUILD WV Act, with the intent to remove this constraint and provide the stimuli and incentives necessary for these developments to go forward.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-4. Rule-Making

(a) In order to effectuate the purposes of this article, the Tax Commissioner may promulgate procedural rules, interpretive rules and legislative rules, including emergency rules, or any combination thereof in accordance with 29A-3-1
et seq
. of this code.
(b) In order to effectuate the purposes of this article, the Department of Economic Development or any agency, division, or subdivision thereof, may promulgate procedural rules, interpretive rules, and legislative rules, including emergency rules, or any combination thereof in accordance with 29A-3-1
et seq
. of this code.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-5. Application of the West Virginia Tax Procedure and Administration Act and West Virginia Tax Crimes and Penalties Act

The provisions of this article are subject to the West Virginia Tax Procedure and Administration Act, set forth in 11-10-1
et seq
. of this code, and the West Virginia Tax Crimes and Penalties Act, set forth in 11-9-1
et seq
. of this code, as if the provisions thereof were set forth in extenso in this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-6. Effective Date, Expiration Date and Required Reporting

(a) Effective July 1, 2024, and annually thereafter, the Department of Economic Development shall submit a report to the Joint Committee on Government and Finance. The report shall provide:
(1) The number and location of all projects approved pursuant to this article;
(2) The geographic distribution of the projects approved;
(3) The total number of new housing units approved over the preceding year;
(4) The total number of housing units completed oved the preceding year;
(5) The total amount of exemptions granted pursuant to 5B-2L-7 of this article;
(6) The total amount of property value adjustment tax credits allowed pursuant to 5B-2L-10 of this article; and
(7) Any other information requested by the Joint Committee on Government and Finance.
(b) Any property value adjustment tax credit authorized by this article shall be effective for corporate net income tax years and personal income tax years beginning on and after January 1, 2023.
(c) Effective January 1, 2028, the provisions of this article shall expire and have no further force or effect:
Provided
, That any tax exemption or property value adjustment tax credit authorized pursuant to this article prior to January 1, 2028, shall continue to be valid and eligible for redemption pursuant to procedures provided herein.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-7. Consumers Sales and Service Tax and Use Tax Exemption for Construction Contractors

5B-2L-7. Consumers sales and service tax and use tax exemption for construction contractors.
(a) Notwithstanding the provisions of 11-15-1
et seq
., 11-15A-1
et seq
., and 11-15-8d of this code or any other provision of this code, purchases of building materials, tangible personal property, and services by a construction contractor or construction subcontractor directly used in construction of a certified BUILD WV project property certified pursuant to the provisions of this article are exempt from the taxes imposed by 11-15-1 et seq. and 11-15A-1
et seq
. of this code.
(b) Purchases of services, materials, and tangible personal property for repairs, maintenance, and refurbishment of certified BUILD WV project property are exempt from the taxes imposed by 11-15-1
et seq
. and 11-15A-1
et seq
. of this code.
(c) The exemptions authorized under this section also apply to exempt purchases enumerated herein from the municipal consumers sales and service tax and use tax and special district excise tax:
Provided
, That exemptions authorized under this section do not apply to purchases subject to a special district excise tax that was imposed and effective under 7-22-12 or 8-38-12 of this code, as applicable, prior to the effective date of this section.
(d) The exemptions authorized under this section are limited to purchases of building materials and tangible personal property directly incorporated into certified project residential buildings and structures, common areas, and infrastructure during construction, repair, maintenance, and refurbishment of certified BUILD WV project property; including common areas, infrastructure, and services directly used in construction, repair, maintenance, and refurbishment of certified BUILD WV project property:
Provided
, That the following purchases are not exempt under the provisions of this section:
(1) Purchases of gasoline and special fuel or any other fuel or means of power for a motor vehicle or any other machine, apparatus, or engine; or
(2) Purchases subject to the consumers sales and service tax and use tax under the provisions of 11-15-3c of this code.
Part III. Authorization for Municipal Business and Occupation Tax Exemption
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-8. Municipal Authority to Exempt Business and Occupation Tax

5B-2L-8. Municipal authority to exempt business and occupation tax.
Notwithstanding any other provision of this code, a municipality that imposes the municipal business and occupation tax pursuant to the provisions of 8-13-5 of this code, may authorize by ordinance, a municipal business and occupation tax exemption for gross income from rents, royalties, fees, or other remuneration derived by a lessor or landlord from the furnishing, leasing, or renting of any certified BUILD WV project property to a lessee or occupant.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-9. Eligibility for Property Value Adjustment Tax Credit

5B-2L-9. Eligibility for property value adjustment tax credit.
There shall be allowed to every eligible taxpayer a property value adjustment tax credit against the taxes imposed under 11-21-1
et seq
. or 11-24-1
et seq
. of this code, as determined under this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-10. Amount of Property Value Adjustment Tax Credit Allowed

(a) Amount of credit.
(1) The amount of total property value adjustment tax credit allowed to an eligible taxpayer is the final product of the mathematical steps specified in paragraphs (A), (B) and (C) of this subdivision.
(A) Approved costs, as certified by the Department of Economic Development multiplied by 60 percent.
(B) The product of the multiplication set forth in paragraph (A) of this subdivision, multiplied by the statewide average class III property tax rate of this state for the tax year in which construction of project property is completed, as certified by the Department of Economic Development.
(C) The product of the multiplication set forth in paragraph (B) of this subdivision, multiplied by 10.
(b)
Annual credit
The property value adjustment tax credit shall be applied annually as specified in this article in the amount of one-tenth thereof per year for a period of 10 consecutive years beginning in the tax year in which construction of project property is completed, as certified by the Department of Economic Development. The property value adjustment tax credit shall not be carried back to any preceding tax year, nor carried forward to any succeeding tax year. However, the refundable property value adjustment tax credit may be applied in accordance with the provisions of this article. The property value adjustment tax credit shall not be transferable. Any amount of annual property value adjustment tax credit not used during the personal income tax or corporation net income tax taxable year, as applicable, (1) as a direct offset of income tax, plus (2) any refundable credit applied, as allowed under this article, is forfeited.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-12. Property Value Adjustment Tax Credit Entitlement Is Retained by Eligible Taxpayers That Have Developed Project Property, Transfer of Credit to Transferees of Project Property Is Prohibited

(a)
Transfer or sale of assets
.
(1) Where there has been a sale or transfer of the certified BUILD WV project assets from an eligible taxpayer to any other person or entity, the eligible taxpayer retains entitlement to the property value adjustment tax credit. Credit entitlement shall not be transferred to the transferee of project property.
(b)
Stock purchases
. Where a corporation which is an eligible taxpayer entitled to the property value adjustment tax credit under this article is purchased through a stock purchase by a new owner, where such corporation remains a legal entity so as to retain its corporate identity, the entitlement of that corporation to the property value adjustment tax credit allowed under this article will not be affected by the ownership change:
Provided
, That the corporation otherwise remains in compliance with the requirements of this article for entitlement to the property value adjustment tax credit.
(c)
Mergers
.
(1) Where a corporation or other entity that is an eligible taxpayer entitled to the property value adjustment tax credit under this article is merged with another corporation or entity, the surviving corporation or entity is entitled to the property value adjustment tax credit to which the predecessor eligible taxpayer was originally entitled:
Provided
, That the surviving corporation or entity otherwise complies with the provisions of this article.
(2) The amount of property value adjustment tax credit available in any taxable year during which a merger occurs shall be apportioned between the predecessor eligible taxpayer and the successor eligible taxpayer based on the number of days during the taxable year that each owned the transferred certified BUILD WV project business assets.
(d) No provision of this section or of this article may be construed to allow sales, assignment, or other transfers of the property value adjustment tax credit allowed under this article. The property value adjustment tax credit allowed under this article can be redesignated as useable by a taxpayer or entity other than the original entity entitled to the credit, only in circumstances where there is a valid successorship as described under this section.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-13. Credit Recapture; Interest; Penalties; Additions to Tax; Statute of Limitations

(a) If it appears upon audit or otherwise that any person or entity has taken the property value adjustment tax credit against tax and was not entitled to take the credit, then the credit improperly taken shall be recaptured. Amended returns shall be filed for any tax year for which the credit was improperly taken. Any additional taxes due under 11-21-1
et seq
. or 11-24-1 et
seq
., or any other provision of this code shall be remitted with the amended return or returns filed with the Tax Commissioner, along with interest, as provided in 11-10-1
et seq
. of this code and such other penalties and additions to tax as may be applicable pursuant to the provisions of 11-10-1 et seq. of this code.
(b) Notwithstanding the provisions of 11-10-1
et seq
. of this code to the contrary, penalties and additions to tax imposed under that article may be waived at the discretion of the Tax Commissioner: Provided, That interest is not subject to waiver.
(c) Notwithstanding the provisions of 11-10-1
et seq
. of this code to the contrary, the statute of limitations for the issuance of an assessment of tax by the Tax Commissioner is five years from the date of filing of any tax return on which the property value adjustment tax credit was taken or five years from the date of payment of any tax liability calculated pursuant to the assertion of the property value adjustment tax credit allowed under this article, or five years from the date of payment of any refundable tax credit calculated pursuant to the assertion of the property value adjustment tax credit allowed under this article, whichever is later.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-14. Designation of a Certified District

(a) A certified BUILD WV district may be designated upon the agreement, in writing, of the following officials: the Secretary of the Department of Economic Development, the Secretary of the Department of Tourism, and the Secretary of the Department of Commerce.
(b) A certified district shall be designated by the identification of a municipality, attraction, landmark, or other point of interest. The certified district may extend, as determined by the designation, up to 20 square miles from that municipality, attraction, landmark, or other point of interest.
(c) The following criteria shall be considered when determining whether to designate a certified district:
(1) The housing and employment needs within the certified district;
(2) Whether the certified district will have a significant and positive economic impact on the state;
(3) Whether there is substantial and credible evidence that designating the certified district will result in one or more certified projects likely to be started and completed in a timely fashion;
(4) Whether the certified district will, directly or indirectly, improve the opportunities in the area where the project will be located for the successful establishment or expansion of other commercial businesses;
(5) Whether the certified district will, directly or indirectly, assist in the creation of additional employment opportunities in the area or assist in the filling of currently available jobs;
(6) Whether the certified district helps to diversify the local economy;
(7) Whether the certified district is consistent with the goals of this article; and
(8) Any other relevant and reasonable criteria determined by the designating officials.
(d) The number of districts within the state shall be determined within the discretion of the Secretary of the Department of Economic Development, the Secretary of the Department of Tourism, and the Secretary of the Department of Commerce by their agreement, subject to the $150 million limitation on aggregate sum of approved costs for all projects for any fiscal year as set forth in 5B-2L-16(c) of this code.
(e) A certified district may be decertified at any time upon agreement, in writing, of the designated officials provided for in subsection (a) of this section. In no case may any BUILD WV district be certified for any time period longer than 10 calendar years, unless redesignated in the same manner as provided for designation.
(f) In no case may a proposed BUILD WV project be certified in any geographic area that is not a certified BUILD WV district.
(g) The designation made pursuant to this section as to the designation of a certified district, refusal to designate a certified district, decertification, or revocation of certification of a BUILD WV district is final.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-15. Project Administration and Certification

(a) The Department of Economic Development has the following powers and duties necessary to carry out the purposes of this article, including, but not limited to:
(1) To issue approval of and certify all applications for projects and enter into agreements pertaining to certified BUILD WV projects with approved companies;
(2) To employ fiscal consultants, attorneys, appraisers, and other agents as the Secretary of the Department of Economic Development finds necessary or convenient for the preparation and administration of agreements and documents necessary or incidental to any project;
(3) To impose and collect fees and charges in connection with any transaction;
(4) To impose and collect from the applicant a nonrefundable application fee in the amount of $5,000 to be paid to the Department of Economic Development when the application is filed;
(5) To issue approval of and certify all certified BUILD WV project residential housing units; and
(6) To decertify, refuse to certify or revoke certification of any proposed or certified BUILD WV project, upon a finding that any person or entity involved therein, or any approved company, or any eligible taxpayer, has failed to comply with the requirements of this article, or upon a finding that residential housing units, common areas or infrastructure of a certified BUILD WV project have been constructed with shoddy workmanship or materials, or that the approved company or eligible taxpayer has failed to maintain or repair certified BUILD WV project property in a manner consistent with accepted standards or standards prescribed by the Department of Economic Development, or that any aspect of the undertaking has been the result of, or involved, fraud, malfeasance, bribery, embezzlement, corruption, intimidation or gross misconduct. Upon revocation, all tax credit authorized under this article shall be null and void and of no further force, or effect. No company, entity, or person shall apply or use any tax credit to offset tax on or after the date of revocation. The Tax Commissioner may apply credit recapture, and tax assessment and collection actions as may be appropriate under the West Virginia Tax Procedure and Administration Act and may seek criminal sanctions, as appropriate, under West Virginia Tax Crimes and Penalties Act.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2L. Build WV Act › §5B-2L-17. Agreement Between Department of Economic Development and Approved Company or Approved Group of Multiple Party Project Participants

(a) The Department of Economic Development, upon final approval of an application by the Secretary, may enter into an agreement with any approved company or group of multiple party project participants with respect to a project.
(b) The Department of Economic Development may, at the discretion of the Secretary of the Department of Economic Development, approve an application for project certification constituting a single company application or a multiple party project application. The Secretary of the Department of Economic Development may certify a multiple party project, and may enter into an agreement with the principals thereof. For purposes of this article, a multiple party project participant must be an eligible company as defined in this article. The terms and provisions of each agreement shall include, but not be limited to:
(1) Total projected approved costs.
(2) Within three months of the completion date, the approved company or group of multiple party project participants shall document:
(A) The actual cost of the project through a certification of the costs to the Department of Economic Development by an independent certified public accountant acceptable to the Department of Economic Development; and
(B) A date certain by which the approved company or group of multiple party project participants shall have completed and opened the certified project for occupancy.
(3) Any approved company or group of multiple party project participants, having received final approval may request, and the Department of Economic Development may grant, an extension of time or change to the expected timeline. However, in no event shall the extension exceed three years from the date of certification to the completion date specified in the agreement with the approved company or group of multiple party project participants.
(c) Although adjacent properties may be developed and expanded upon by approved companies or others, and certified BUILD WV project property may itself be developed and expanded upon, in such cases, the certified BUILD WV project designation and the tax incentives and benefits of this article shall not apply with relation to such noncertified developments or expansions, except upon the issuance of a subsequent certification by the Department of Economic Development for such development or expansion. In no case may a certified project be augmented, enlarged, extended or expanded, except pursuant to issuance of an additional and separate certification of a new and distinct project. Any augmentation, enlargement, extension or expansion may only be approved and certified pursuant to the submission of a new request for project approval, with full payment of all associated fees, and submission of full documentation as required under this article for a new project.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2M. Promoting Public-Use Vertiports Act › §5B-2M-1. Policy

It is the policy of this state to promote the development of a network of vertiports that will provide equitable access to citizens of this state who may benefit from advanced air mobility operations for cargo and passenger service, and to avoid any vertiport monopolization or discrimination, by: (i) Funding the planning for and construction of public-use vertiports, with any funding appropriated by the Legislature; (ii) encouraging local zoning and other land use authorities to ensure an adequate number and a varied location of vertiports to serve citizens throughout the state; and (iii) promoting competition and equity of access by prohibiting the grant of an exclusive right to one or more vertiport owners and operators or to vertiport operators at one or more vertiports.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2M. Promoting Public-Use Vertiports Act › §5B-2M-2. Definitions

For purposes of this article, "vertiport" means infrastructure or a system with supporting services and equipment intended for landing, ground-handling, and take-off of manned or unmanned vertical take-off and landing (VTOL) aircraft.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2M. Promoting Public-Use Vertiports Act › §5B-2M-3. Applicability

This article applies to any vertiport that is available for public use by any advanced air mobility operator authorized by the U.S. Department of Transportation or Federal Aviation Administration to engage in passenger and/or cargo services in scheduled or non-scheduled service in or affecting interstate commerce.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2M. Promoting Public-Use Vertiports Act › §5B-2M-4. Vertiport Safety

(a)
Vertiport Design
. Each vertiport subject to this article shall comply with any Federal Aviation Administration published rule or advisory circular containing standards for vertiport design and performance characteristics.
(b)
Vertiport Layout Plan
. Each vertiport subject to this article shall submit a vertiport layout plan to the administrator of the Federal Aviation Administration in the form and manner determined by the administrator, and no operations may be conducted at the vertiport until such layout plan is approved.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2M. Promoting Public-Use Vertiports Act › §5B-2M-5. Exclusionary and Discriminatory Zoning Prohibited

A political subdivision of this state shall not exercise its zoning and land use authority to grant or permit an exclusive right to one or more vertiport owners or operators and shall use such authority to promote reasonable access to advanced air mobility operators at public-use vertiports within the jurisdiction of the subdivision.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2M. Promoting Public-Use Vertiports Act › §5B-2M-6. Harmonization

The provisions of this article are intended to supplement any provision of federal law pertaining to the design, construction, operations, or maintenance of a vertiport designed or constructed with a grant under 49 U.S.C. 47101
et seq
., and any provision of this article found in conflict with or otherwise preempted by federal law shall be null and void, without invalidating any other provision of this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2N. Grid Stabilization and Security Act of 2023 › §5B-2N-2. Legislative Findings; Declaration of Public Policy

(a) The Legislature finds that:
(1) The advent and advancement of new and existing technologies and drilling practices have created the opportunity for efficient development of natural gas in West Virginia, including opportunities for the production of electricity;
(2) Production of electricity utilizing natural gas produced in West Virginia is highly underdeveloped in comparison to nearby states with which West Virginia competes for economically beneficial projects. Natural gas electric generation projects have been undermined by existing regulatory requirements and related time delays;
(3) In developing regulatory actions and identifying appropriate approaches to encourage development of natural gas electric generation projects, agencies should attempt to promote coordination, simplification, and harmonization. Agencies should also seek to identify appropriate means to achieve regulatory goals that are designed to promote innovation and enhance West Virginia's competitiveness with surrounding states;
(4) Agencies should review their existing legislative and procedural rules to determine whether any such rules should be modified, streamlined, expanded, or repealed to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives related to natural gas electric generation projects. Agencies should also evaluate the data that they have to determine what information might be useful to prompt permitting and approving natural gas generated electricity; and
(5) The West Virginia Department of Economic Development, established in 5B-2-1
et seq
. of this code, is responsible for implementing this Grid Stabilization and Security Act and providing as much assistance as possible to grow and sustain the natural gas electric generation segment of the economy.
(b) The Legislature declares that facilitating the development of business activity directly and indirectly related to natural gas electric generation development, transportation, storage, and use serves the public interest of the citizens of this state by promoting economic development, improving economic opportunities for the citizens of this state, and providing additional opportunities to stabilize the price of electricity while increasing its reliability and availability.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2N. Grid Stabilization and Security Act of 2023 › §5B-2N-3. Identification of Suitable Sites for Natural Gas Electric Generation Projects

(a) The Secretary of the Department of Economic Development is authorized and directed to identify economically viable sites within the state that are:
(1) Located near a convenient and sufficient supply of natural gas; and
(2) Likely to create economically viable natural gas electric generation projects that provide economic benefits to the local and state governmental units and the citizens of the state.
(b) The Secretary of the Department of Economic Development shall use the following criteria in identifying economically viable sites for natural gas electric generation projects:
(1) Geographic locations near producing natural gas wells, or pipelines carrying natural gas produced in the state, capable of supplying and sustaining one or more natural gas electric generation facilities for the economic life of the facilities;
(2) Geographic locations near existing electric transmission infrastructure capable of transmitting the generated electricity to wholesale markets.
(3) Geographic locations that fulfill the air quality conditions imposed by the Division of Air Quality of the West Virginia Department of Environmental Protection for one or more natural gas electric generation facilities; and
(4) Geographic locations that can demonstrate that allowable emission increases from one or more natural gas electric generation facilities, in conjunction with all other applicable emission increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:
(A) Any national or West Virginia ambient air quality standard in any air quality control region; or
(B) Any applicable maximum allowable increase over the baseline concentration in any area.