reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2N. Grid Stabilization and Security Act of 2023 › §5B-2N-4. Designation of Sites Suitable for Natural Gas Electric Generation Projects

(a) Following identification of economically viable sites that may be suitable for natural gas electric generation projects, the Secretary of the Department of Economic Development shall identify and designate each site it has determined to be suitable for natural gas electric generation projects as a "designated site", and shall communicate the designated sites to the West Virginia Department of Environmental Protection's Division of Air Quality and the West Virginia Public Service Commission as sites suitable for the construction and operation of natural gas electric generation projects.
(b) Any application for a siting certificate pursuant to 24-2-11c of the West Virginia Code filed with the Public Service Commission to construct or to construct and operate a natural gas electric generation project at a designated site shall be adjudicated, inclusive of public hearings, and a final order issued by the Public Service Commission, within 270 calendar days after the date of the filing of the application, notwithstanding the requirements of any other provision of this code.
(c) Nothing in this section is intended to preclude, modify, or establish new Public Service Commission jurisdiction over:
(1) Any exercise of powers, duties, and obligations pursuant to the West Virginia Public Energy Authority Act;
(2) The right of end-user consumers of electricity to develop, invest in, or otherwise contract for on-site electric self-generation or cogeneration facilities, including those utilizing natural gas as a fuel source;
(3) This section does not alter, modify, or cancel any existing cogeneration tariffs authorized by the Public Service Commission; and
(4) This section does not authorize the sale of electricity to end-users in the state.
(d) Where a designated site has been identified, in accordance with 22-5-11b(b) of this code, as a location where additional data would be helpful for modeling or other evaluation of the potential emission of a natural gas electric generation project, the Department of Economic Development shall construct such facilities as are necessary to acquire such data.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2O. Coal Fired Grid Stabilization and Security Act of 2023 › §5B-2O-2. Legislative Findings; Declaration of Public Policy

(a) The Legislature finds that:
(1) The advent and advancement of new and existing technologies and mining/drilling practices have created the opportunity for efficient mining of coal in West Virginia, including opportunities for the production of electricity;
(2) Production of electricity utilizing coal produced in West Virginia is now inadequately developed in comparison to nearby states with which West Virginia competes for economically beneficial projects. Coal 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 coal 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 Virginias 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 so as to make the agencys regulatory program more effective or less burdensome in achieving the regulatory objectives related to coal electric generation projects. Agencies should also evaluate the data that they have to determine what information might be useful to prompt permitting and approval of coal 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 Coal Fired Grid Stabilization and Security Act of 2023 and provide as much assistance as possible to grow and sustain the coal electric generation segment of the economy.
(b) The Legislature declares that facilitating the development of business activity directly and indirectly related to coal electric generation development, transportation, storage, and use serves the public interest of the citizens of this state by promoting economic development, by 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 2O. Coal Fired Grid Stabilization and Security Act of 2023 › §5B-2O-3. Identification of Suitable Sites for Coal Electric Generation Projects

(a) 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 coal;
(2) Located near consumers to provide a convenient supply of the generated electricity; and,
(3) Likely to create economically viable coal electric generation projects that provide economic benefits to the local and state governmental units and the citizens of the state.
(b) The Department of Economic Development shall use the following criteria in identifying economically viable sites for coal electric generation projects:
(1) Geographic locations near coal deposits in the state capable of supplying and sustaining one or more coal 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 of electricity by one or more coal electric generation facilities for the economic life of the facilities;
(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 coal electric generation facilities; and
(4) Geographic locations that can demonstrate that allowable emission increases from one or more coal 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.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2O. Coal Fired Grid Stabilization and Security Act of 2023 › §5B-2O-4. Designation of Sites Suitable for Coal Electric Generation Projects

(a) Following identification of economically viable sites that may be suitable for coal electric generation projects, the Department of Economic Development shall identify and designate each site it has determined to be suitable for coal electric generation projects as a "Designated Site," and shall communicate the Designated Sites to the West Virginia Department of Environmental Protections Division of Air Quality and the West Virginia Public Service Commission as sites suitable for the construction and operation of coal electric generation projects.
(b) Any application for a siting certificate pursuant to 24-2-11c of the West Virginia Code filed with the Public Service Commission for development of a coal electric generation project at a Designated Site shall be adjudicated, inclusive of public hearings, and a final order issued by the Public Service Commission, within 270 calendar days after the date of the filing of the application, notwithstanding the requirements of any other provision of this code.
(c) Nothing in this section is intended to preclude, modify, or establish new Public Service Commission jurisdiction over:
(1) Any exercise of powers, duties, and obligations pursuant to the West Virginia Public Energy Authority Act; and
(2) The right of end-user consumers of electricity to develop, invest in, or otherwise contract for on-site electric self-generation or cogeneration facilities, including those utilizing coal as a fuel source.
(3) This section does not alter, modify and/or cancel any existing cogeneration tariffs authorized by the Public Service Commission.
(4) This section does not authorize the sale of electricity to end-users in the state.
(d) Where a designated site has been identified, in accordance with 22-5-11c of this code, as a location where additional data would be helpful for modeling or other evaluation of the potential emission of a coal generation project, the Department of Economic Development shall construct such facilities as are necessary to acquire such data.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 3. West Virginia Economic Development Strategy: A Vision Shared › §5B-3-1. Legislative Intent

(a) West Virginia: A shared vision statement. -- West Virginia's strong commitment to future generations has created a vibrant and diverse economy balancing quality jobs and the state's irreplaceable natural beauty. West Virginia has a highly skilled and educated workforce, is a leader in innovation and offers an excellent quality of life for all residents.
(b) "West Virginia: A vision shared" vision statement is meant to be used as a touchstone to ensure that actions being undertaken are in line and on course.
(c) It is the intent of the Legislature to set economic development goals for the state and that the joint commission on economic development, created in this article, use the goals in bringing all agencies performing economic development and workforce investment activities together to improve the economic situation in this state.
(d) Furthermore, it is the intent of the Legislature that the state work toward accomplishing three overall goals:
(1) The development of a comprehensive statewide economic development strategy;
(2) The effective statewide coordination of economic development programs; and
(3) The development of meaningful agency and program benchmarks and performance-based evaluations.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 3. West Virginia Economic Development Strategy: A Vision Shared › §5B-3-2. Creation of the Joint Commission on Economic Development

(a) The joint commission on economic development is hereby established. The commission shall be composed of not more than twenty-four members as follows:
(1) The chairs of the Senate and House of Delegates finance committees;
(2) The chairs of the Senate and House of Delegates judiciary committees;
(3) The chairs of the Senate and House of Delegates education committees;
(4) Not more than nine additional members of the Senate appointed by the President of the Senate, with at least one member representing health; and
(5) Not more than nine additional members of the House of Delegates appointed by the Speaker of the House of Delegates, with at least one member representing health.
(b) Any vacancies occurring in the membership of the commission shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to perform the duties of the commission.
(c) The commission may explore how West Virginia can:
(1) Invest in systems that build workforce skills and promote lifelong learning to ensure a competitive workforce;
(2) Enhance the infrastructure, communications and transportation needed to support the knowledge-based industries and electronic commerce;
(3) Reorganize government to deliver services more efficiently, using technology, privatization and partnerships with the private sector;
(4) Align state tax systems to meet the demands of the twenty-first century economy;
(5) Develop more uniform regulatory and tax systems to reduce complexity, eliminate market distortions and better protect consumers;
(6) Support entrepreneurs by streamlining business regulations, providing timely decisions and assisting firms in their search for venture capital;
(7) Promote university policies that encourage research and development and build intellectual infrastructure;
(8) Address quality-of-life concerns to attract new businesses and workers; and
(9) Accomplish the goals set forth in this article and any other goal related to economic development or workforce investment that the commission considers important.
(d) The commission may propose legislation necessary to accomplish its goals.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 3. West Virginia Economic Development Strategy: A Vision Shared › §5B-3-3. Reexamination of Vision and Goals

Every fourth year after January 1, 2001, the joint commission on economic development, established pursuant to this article, shall conduct a thorough examination of the vision and goals set forth in this article and may recommend legislation relating to the vision and goals to the Legislature.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 3. West Virginia Economic Development Strategy: A Vision Shared › §5B-3-4. Commission Review of Procedural Rules, Interpretive Rules and Existing Legislative Rules

(a) The Joint Commission on Economic Development may review any procedural rule, interpretive rule or existing legislative rule and make recommendations concerning the rules to the Legislature.
(b) The Development Office and the Tourism Commission established pursuant to article two of this chapter, the Economic Development Authority established pursuant to article fifteen, chapter thirty-one of this code, the Bureau of Employment Programs established pursuant to article four, chapter twenty-one-a of this code, the Workers' Compensation Commission established pursuant to article one, chapter twenty-three of this code, the Workforce Investment Commission established pursuant to article two-c of this chapter, West Virginia Jobs Investment Trust, regional planning and development councils, West Virginia Rural Development Council, Office of Technology and West Virginia Clearinghouse for Workforce Education shall each file a copy of its legislative rules with the Commission as provided for in this section. Each agency that proposes legislative rules in accordance to the provisions of article three, three-a or three-b, chapter twenty-nine-a of this code relating to economic development or workforce development shall file the rules with the Joint Commission at the time the rules are filed with the Secretary of State prior to the public comment period or public hearing required in said chapter.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 7. Recovery Zone Bonds › §5B-7-1. Definitions

Unless the context clearly indicates otherwise, as used in this article:
(1) "Economic Development Authority" or "authority" means the West Virginia Economic Development Authority as continued in section five, article fifteen, chapter thirty-one of this code.
(2) "Recovery zone bonds" means recovery zone economic development bonds and recovery zone facility bonds, authorized under Section 1401 of Title I of Subtitle B of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115 (2009), that may be issued by states, counties, certain municipalities and other qualified issuers within each state before January 1, 2011.
(3) "Recovery zone economic development bond" means the term as defined in 26 U.S.C. §1400U-2.
(4) "Recovery zone facility bond" means the term as defined in 26 U.S.C. §1400U-3.
(5) "Volume cap" means the recovery zone bond volume limitation allocated to each state and to counties and municipalities within each state in accordance with 26 U.S.C. §1400U-1.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 7. Recovery Zone Bonds › §5B-7-2. Allocation of Volume Cap for Recovery Zone Bonds; Obligations Not Debt of State

Pursuant to 26 U.S.C. §1400U-1(a)(3)(A), the State of West Virginia shall allocate the volume cap among the counties of the state in the same manner as described in Section 6.04 of Internal Revenue Service Notice 2009-50. Bonds, notes and other obligations issued pursuant to this article shall not constitute a debt or a pledge of the faith and credit or taxing power of this state and the holders and owners thereof shall have no right to have taxes levied by the Legislature for the payment of the principal thereof or interest thereon, but such bonds, notes and other obligations shall be payable solely from revenues and funds pledged for their payment as established in the authorizing orders, ordinances and resolutions of such issuers. All such bonds and notes, and all documents evidencing any other obligation, shall contain on the face thereof a statement to the effect that the bonds, notes or such other obligation as to both principal and interest, are not debts of the state but are payable solely from revenues and funds pledged for their payment.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 7. Recovery Zone Bonds › §5B-7-3. Certification and Waiver of Volume Cap Allocation

(a) Preliminary certification. --
(1) Each county allocated volume cap in accordance with this article shall submit a preliminary certification to the Governor that includes:
(A) The amount of volume cap the county intends to use;
(B) The entity issuing each series of recovery zone bonds. If the county has suballocated volume cap to an entity, the certification shall include a copy of an order, ordinance or resolution of the county commission authorizing the suballocation;
(C) The projects, including, but not limited to, road transportation projects, to be financed by the issuance of each series of recovery zone bonds; and
(D) The financing plan for each series of recovery zone bonds, including the source of payment of the debt service of each series of recovery zone bonds.
(2) Preliminary certifications for recovery zone economic development bonds shall be submitted to the Governor on or before January 31, 2010.
(3) Preliminary certifications for recovery zone facility bonds shall be submitted to the Governor on or before February 28, 2010.
(4) Any portion of volume cap allocated to a county that is not certified for use by the county in accordance with this subsection is considered waived.
(5) A county may waive its allocation of volume cap by providing written notice of such waiver to the Governor on or before January 31, 2010, in the case of volume cap for recovery zone economic development bonds, or on or before February 28, 2010, in the case of volume cap for recovery zone facility bonds.
(b) Final certification. --
(1) Each county that has submitted a preliminary certification to the Governor shall submit a final certification to the Governor on or before July 31, 2010. The final certification shall establish: (i) That the county or other entity receiving a suballocation from the county has closed on each series of recovery zone bonds or has entered into a bond purchase agreement that requires closing on each series of recovery zone bonds prior to August 31, 2010; and (ii) the amount of volume cap used by the county.
(2) Any portion of volume cap allocated to a county that is not certified as used in accordance with this subsection is considered waived. However, if an entity receiving a suballocation from a county submits a timely certification pursuant to section five of this article, that suballocated portion of the county's volume cap is not considered waived.
(3) If, after submitting a preliminary certification to the Governor, a county determines to waive any portion of its allocation of volume cap, it may waive its allocation of such portion by notifying the Governor in writing on or before July 31, 2010.
(c) Notice of waiver. -- The Governor shall provide timely written notice to the Economic Development Authority of any written volume cap waiver submitted by a county.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 7. Recovery Zone Bonds › §5B-7-4. Reallocation of Volume Cap

(a) The Economic Development Authority shall reallocate volume cap that has been waived pursuant to this article. The authority may reallocate the volume cap to the state, state agencies, counties, municipalities or any other political subdivisions or any other eligible issuer authorized to issue recovery zone bonds pursuant to Section 5.04 of Internal Revenue Service Notice 2009-50.
(b) As soon as reasonably possible after the effective date of this section the authority shall adopt a procedure for the solicitation and receipt of applications, on a form and in a manner prescribed by the authority, for eligible issuers seeking reallocated volume cap.
(c) Within ninety days of receipt of written notice from the Governor the authority shall reallocate any amount of volume cap waived by a county pursuant to this article. The authority shall provide written notice of any reallocation to the entity receiving the reallocation.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 7. Recovery Zone Bonds › §5B-7-5. Suballocation of Volume Cap by Counties; Counties Authorized to Take Action to Issue Recovery Zone Bonds

Counties allocated volume cap pursuant to this article may, by order, ordinance or resolution of the county commission, suballocate such allocation to municipalities or any other eligible issuers authorized to issue recovery zone bonds pursuant to Section 5.04 of Internal Revenue Service Notice 2009-50. Each county that suballocates volume cap shall attach a copy of the order, ordinance or resolution authorizing the suballocation to the preliminary certification required in section three of this article. Entities receiving a suballocation pursuant to this section shall certify to the county and to the Governor no later than July 31, 2010, that the entity has closed on the recovery zone bonds using the volume cap suballocation or has entered into a bond purchase agreement that requires a closing on the recovery zone bonds prior to August 31, 2010. Counties shall be authorized to take any other action required by Internal Revenue Service Notice 2009-50 to issue recovery zone bonds.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 8. Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › §5B-8-1. Definitions

When used in this article:
"Department" means the West Virginia Department of Economic Development.
"SBIR" means the Small Business Innovation Research Program enacted under the Small Business Innovation Development Act of 1982, Pub. L. 97-219, 15 U.S.C. 638.
"STTR" means the Small Business Technology Transfer Program enacted under the Small Business Technology Transfer Act of 1992, Pub. L. 102-564, 15 U.S.C 638.
"Small business" means a corporation, partnership, limited liability company, statutory or common law business trust, sole proprietorship, or individual, operating a business for profit, which qualifies as a small business and otherwise meets the requirements of the SBIR or STTR programs.
"West Virginia-based business" means a business that has its principal place of business in this state.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 8. Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › §5B-8-2. Creating a Matching Program

The West Virginia Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program is established. It shall be administered by the department which is hereby authorized to promulgate legislative rules governing the program. In order to foster job creation and economic development in the state, the department may provide grants to eligible small businesses to match funds they receive from Small Business Innovation Research or Small Business Technology Transfer Phase I and Phase II awards. The department will pay the grants from the fund known as the "Entrepreneurship and Innovation Investment Fund" created pursuant to §5B-2-16 of this code.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 8. Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › §5B-8-3. Eligibility

In order to be eligible for a grant under this article, a small business must satisfy all of the following conditions:
(1) The small business must be a for-profit, West Virginia-based business;
(2) For the Phase I and/or Phase II Matching program the small business must have received a SBIR/STTR Phase I or SBIR/STTR Phase II award from a participating federal agency in response to a specific federal solicitation. To receive the full match for the Phase I award, the small business must also have submitted a final Phase I report, demonstrated that the sponsoring agency has an interest in a Phase II proposal, and submitted a Phase II proposal to the agency; To receive the Phase II match, the small business must have submitted the final progress report to the funding agency;
(3) The small business must satisfy all federal SBIR/STTR requirements;
(4) The small business shall not receive concurrent funding support from other sources that duplicates the purpose of this article;
(5) The small business must certify that at least 51 percent of the research described or to be described in the federal SBIR/STTR Phase II proposal will be conducted in this state and that the small business will remain a West Virginia-based business for the duration of the SBIR/STTR Phase II project; and
(6) The small business must demonstrate its ability to conduct research in its SBIR/STTR Phase II proposal.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 8. Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › §5B-8-4. Application Process

(a) A small business shall apply, under oath, to the department on forms prescribed by the department that include at least the following:
(1) The name of the small business, the form of business organization under which it is operated, and the names and addresses of the principals and management of the small business;
(2) For matching awards, notice of award from the funding agency of the SBIR/STTR Phase I or Phase II award;
(3) For matching awards, study section evaluation and comments; and
(4) Any other information necessary for the department to evaluate the application.
(b) The department shall review the application, determine whether the applicant satisfies the eligibility requirements, and determine whether to award matching grants.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 8. Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › §5B-8-5. Grant Terms

(a) The department may award a "WV Phase Zero Grant" of $2500 upon submission of a Phase I SBIR/STTR proposal or Fast track SBIR/STTR proposal. The WV Phase Zero grant shall be remitted to the small business upon notification from the granting agency of the receipt of a submission for an SBIR/STTR Phase I or SBIR/STTR fast track application. The small business must provide satisfactory evidence to the department of the notification of receipt. A small business may receive only one WV Phase Zero Grant per year. A small business may receive only one WV Phase Zero Grant with respect to each federal proposal submission; resubmissions of unsuccessful applications are not eligible. Over its lifetime, a small business may receive a maximum of five WV Phase Zero awards. A grant recipient may assign an award only upon the prior written consent of the department.
(b) The department may award grants to match funds received by a small business through a SBIR/STTR Phase I proposal up to a maximum of $100,000 paid in two remittances. Fifty percent of the award under this subsection shall be remitted to the small business upon receipt of the SBIR/STTR Phase I award and an application to the department for the funds. The remaining fifty percent of the award under this subsection shall be remitted to the small business upon submission by the small business of a Phase II application to the funding agency, acceptance of the Phase I report by the funding agency, and application to the department for the funds. A small business may receive only one grant under this subsection per year. A small business may receive only one grant under this subsection with respect to each federal proposal submission. Over its lifetime, a small business may receive a maximum of five awards under this subsection. A grant recipient may assign the award only upon the prior written consent of the department.
(c) The department may award grants to match the funds received by a small business through a SBIR/STTR Phase II proposal up to a maximum of $100,000 per year for up to two years, after application to the department. The second remittance may be made to the small business on the one-year anniversary of the first matching remittance under this subsection, if applicant applies for the funds with documentation from the agency indicating that the grant is to continue for a second year. A small business may receive only one grant under this subsection per year. A small business may receive only one award under this subsection with respect to each federal proposal submission. Over its lifetime, a small business may receive a maximum of five awards under this subsection. A grant recipient may assign the award only upon the prior written consent of the department.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 10. West Virginia Development Achievements Transparency Act › §5B-10-2. Purpose and Findings

(a) The Legislature finds that public tax dollars are expended annually, whether directly in the form of grants or indirectly in the form of tax credits and incentives, for the purpose of developing and improving economic industries within the State of West Virginia.
(b) The Legislature further finds that the State of West Virginia should inform state taxpayers about these direct or indirect expenditures, the objectives of the expenditures, and whether the state met the intended objectives of the expenditures.
(c) The Legislature further finds that any funds deposited into the Grant Recovery Fund pursuant to 12-4-14(e)(10) of this code should be appropriated by the Legislature to the granting body that originally granted the funds to a grantee or subgrantee.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 10. West Virginia Development Achievements Transparency Act › §5B-10-4. Reporting Requirements

(a) Within 30 days of the end of the fiscal year, each granting body shall provide the Auditor with the information required in 5B-10-6 of this code for each development subsidy provided to a recipient corporation by a granting body:
Provided
, That no development subsidy approved and legally obligated by the State of West Virginia shall be exempt from disclosure under this article.
(b) The Auditor shall provide guidance to each granting body regarding the standard and manner of reporting specified in this section.
(c) The Auditor may accept one or multiple official reports of a granting body to satisfy the requirements of this section provided the information provided in the official reports discloses the information required by 5B-10-6 of this code.
(d) The West Virginia Department of Economic Development may fulfill the requirements of this section on behalf of any granting bodies.
(e) The West Virginia Department of Economic Development may fulfill the requirements of this section by providing any agreements entered into or signed by the West Virginia Department of Economic Development which obligates public funds 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 10. West Virginia Development Achievements Transparency Act › §5B-10-6. Contents of the Searchable Website

(a) The Auditor shall include as part of the searchable economic development transparency website the following content for each fiscal year and the previous three fiscal years:
(1) The name of the recipient corporation of a development subsidy:
Provided
, That if a name of a recipient corporation of a development subsidy be considered confidential information, the granting body shall provide the business type of the recipient corporation instead of the name;
(2) The name of the corporate parent of the recipient corporation, if applicable:
Provided
, That should a name of a corporate parent of a recipient corporation of a development subsidy be considered confidential information, the granting body shall provide the business type of the corporate parent instead of the name;
(3) The project site:
Provided
, That should the project site be considered confidential information, the granting body shall provide the city, state, and zip code, but not the street address;
(4) The NAICS code or codes of the recipient corporation;
(5) The date of subsidy;
(6) The subsidy value;
(7) The duration of subsidy;
(8) The subsidy type;
(9) The number of new employees the development subsidy is expected to create within the duration of subsidy, classified by full-time jobs, part-time jobs, and temporary jobs;
(10) The number of new employees the development subsidy has actually created within the duration of subsidy, classified by full-time jobs, part-time jobs, and temporary jobs:
Provided
, That this number may be estimated if an accurate count is not available, but the granting body shall clearly disclose that the reported number is an estimate;
(11) Any other direct or indirect benefits to the state the granting body intends the development subsidy to achieve, including, but not limited to, creation of public infrastructure, vocational training, apprenticeships, workforce development, or state tourism visitor or permanent resident population increases;
(12) Any other direct or indirect benefit to the state actually achieved by the development subsidy, including, but not limited to, creation of public infrastructure, vocational training, apprenticeships, workforce development, or state tourism visitor or permanent resident population increases; and
(13) The name or names of the granting body or bodies providing the development subsidy.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 10. West Virginia Development Achievements Transparency Act › §5B-10-7. Confidentiality

(a) Nothing in this article may be construed as requiring the West Virginia Department of Economic Development or the West Virginia Tax Department to release confidential information as defined in this article.
(b) If information regarding a development subsidy is confidential information, a granting body shall redact only those confidential items but shall disclose any other information pertaining to a development subsidy that is not confidential information.
(c) The Auditor may consult with the granting body to determine the confidentiality of development subsidy data required in 5B-10-6 of this code and determine the appropriate disclosures on the searchable economic development website created in 5B-10-5 of this code to preserve confidentiality.
(d) The Auditor shall identify any redacted items not appearing on the searchable economic development transparency website and the justification as to why the items were redacted.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 10. West Virginia Development Achievements Transparency Act › §5B-10-8. Source and Accuracy of Information; Failure to Report

(a) To fulfill the requirements of this article, a granting body may independently compile the information required in 5B-10-6 of this code or request the information from a recipient corporation.
(b) A granting body shall review information received from a recipient corporation to ensure it is reasonably accurate but is not required to audit or certify the accuracy of the information.
(c) The Auditor shall publish a list on the searchable economic development transparency website detailing any granting body or recipient corporation who fails to comply with the requirements of this article.
(d) The Auditor shall publish a list on the searchable economic development transparency website detailing any granting body or recipient corporation who intentionally submits false, misleading, or fraudulent information:
Provided
, That the Auditor shall notify the Joint Committee on Government and Finance of any granting body or recipient corporation who intentionally submits false, misleading, or fraudulent information to the Auditor.
2023 West Virginia Code › Chapter 5C. Basic Assistance for Industry and Trade › Article 1. West Virginia Industry and Jobs Development Corporation › §5C-1-22. Projects Not to Be Considered Public Improvements

No project, enterprise or business facility which conducts as its primary activity a manufacturing process or other nongovernmental or nonpublic activity may be deemed to be a "public improvement" within the meaning of the provisions of article five-a, chapter twenty-one of this code.
2023 West Virginia Code › Chapter 5C. Basic Assistance for Industry and Trade › Article 2. West Virginia Clean Coal Technology Act › §5C-2-1. Legislative Findings

(a) The Legislature finds that:
(1) Coal is an important fuel source for keeping the household energy costs low in the State of West Virginia;
(2) Continued protection of the state’s environment, public health and welfare requires that new emissions reduction technologies that protect and improve air quality be evaluated for their environmental effectiveness and economic viability;
(3) The diversity of fuel used to generate electricity is a significant factor in providing reliable and economical energy to the citizens of the State of West Virginia;
(4) The price of electricity generated with coal has remained relatively unchanged over the past twenty years;
(5) The continued recovery and utilization of coal resources are important to the state’s economy;
(6) Advancements in clean coal technology clearly demonstrate that electricity from coal can be produced in a more efficient, economical and environmentally friendly manner; and
(7) Advancements in alternative coal usage has produced useful household, commercial and industrial technologies.
(b) The Legislature determines that, consistent with the protection of the public health and welfare, the protection of air quality, the protection of the environment, the operation of existing industries, the enhancement of the long-term economic health and the improved reliability of electric generation in the state, it is a goal of this state’s energy policy that technologies be explored to increase the efficiencies and decrease the emissions from electricity generated by coal.
(c) It is the policy of this state that clean coal technologies and alternative coal uses will be explored in order to:
(1) Preserve fuel diversity and maintain reliable, low-cost sources of electric power;
(2) Identify technologies for reducing the emissions from existing coal-fired electric generation; and
(3) Identify new, cleaner coal-fired electric generation technologies that may be used to provide new generating capacity.
2023 West Virginia Code › Chapter 5C. Basic Assistance for Industry and Trade › Article 2. West Virginia Clean Coal Technology Act › §5C-2-2. Definitions

In this section:
(1) "Council" means the West Virginia clean coal technology council.
(2) "Designated agency" means the state agency designated by the council to provide administrative support to the council.
(3) "Pilot projects" means the voluntary application of new coal utilization technology on existing or new facilities designed to reduce the emission of air pollutants.
2023 West Virginia Code › Chapter 5C. Basic Assistance for Industry and Trade › Article 2. West Virginia Clean Coal Technology Act › §5C-2-3. Creation and Membership of the West Virginia Clean Coal Technology Council

(a) The West Virginia clean coal technology council is created with Legislative Oversight to coordinate actions for the study and development of clean coal technology pilot projects in this state.
(b) The council is composed of:
(1) Three state senators to be appointed by the President of the Senate, with one being designated as cochair;
(2) Three state delegates to be appointed by the speaker of the House, with one being designated as cochair;
(3) Two members representing coal operators' viewpoint to be appointed by the Governor from a list of three nominees for each position submitted by the major trade association which represents coal operators accounting for over one half of the coal produced in mines in this state in the year prior to the year in which the appointment is to be made;
(4) Two members representing coal miners' viewpoint to be appointed by the Governor from a list of three nominees for each position submitted by the highest ranking official within the major employee organization representing coal miners; and
(5) Two members who have knowledge of and experience in the field of coal technology to be appointed by the Governor.
2023 West Virginia Code › Chapter 5C. Basic Assistance for Industry and Trade › Article 2. West Virginia Clean Coal Technology Act › §5C-2-4. Administration

(a) Members of the council shall be appointed for two-year terms and may be reappointed for additional terms;
(b) The council shall meet not less than once each calendar quarter for the first year and at a frequency to be determined by the council thereafter, at a time determined by the council and at the call of the cochairs;
(c) An appropriate state agency shall be designated by the council as being responsible for administering the council. The designated agency shall provide, from its existing staff, the staff necessary to assist the council in carrying out its responsibilities. This agency shall have the authority to request and distribute federal funding for use by the council in carrying out its responsibilities;
(d) The council is subject to the administrative procedures act pursuant to chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 5C. Basic Assistance for Industry and Trade › Article 2. West Virginia Clean Coal Technology Act › §5C-2-5. Powers, Duties, Information and Reports of Council

(a) The council shall:
(1) Coordinate the activities of the designated agency with regard to the specific clean coal technology charges of this council with appropriate private, public, state or federal agencies/organizations;
(2) Provide direction to the designated agency to study, develop and promulgate requests for proposals for pilot projects in West Virginia that will assist the council in evaluating technologies, assessing economics, evaluating the environmental benefits, seeking funds, evaluating the useful life of pilot projects and determining the importance of clean coal technologies to energy policy in West Virginia. Requests for proposals shall include an assessment of the potential for the use of financial and other incentives for potential respondents;
(3) Provide oversight to the designated agency in seeking public and private funding to support the activities of the council and the financing of pilot projects;
(4) Determine a reasonable projected duration for the pilot projects;
(5) Encourage and facilitate the development of alternative coal uses and related coal technologies;
(6) File with the Governor, Speaker of the House of Delegates and President of the Senate before the date that the next regular legislative session convenes a report of the council's activities during the two proceeding years and any recommendations for legislation considered necessary with regard to the pilot projects; and
(7) Publish the report required by subdivision (6) of this subsection.
(b) The designated state agency having the responsibility for administering the clean coal technology council shall maintain a public file relating to the council.
(c) The designated agency having responsibility for administering the clean coal technology council shall make available to the public a copy of any council report that is provided to the Legislature.
2023 West Virginia Code › Chapter 5D. Public Energy Authority Act › Article 1. Public Energy Authority of the State of West Virginia › §5D-1-2. Purpose and Intent

The Legislature finds and declares:
(a) That the long-term health and economy of the United States will depend upon the availability of reliable sources of energy;
(b) That the State of West Virginia has abundant reserves of coal, natural gas and other natural resources;
(c) That the economy of the State of West Virginia needs a reliable and dependable market for the state's coal, natural gas and other natural resources and the by-products thereof;
(d) That the State of West Virginia needs to encourage the efficient utilization and disposition of by-products resultant from the production of natural resources;
(e) That, with all due regard to the protection of the environment and husbandry of the natural resources of this state, the health, happiness, safety, right of gainful employment and general welfare of the citizens of this state will be promoted by the establishment and operation of coal fired electric generating plants and transmission facilities and the establishment and operation of natural gas transmission projects and/or other energy projects; and
(f) That the means and measures herein authorized for the financing, building and operation of the facilities described in subsection (e) are, as a matter of public policy, for the public purpose of the state.
Accordingly, the public energy authority created herein shall be authorized to initiate such directives and take such measures as may be necessary to effectuate the public purpose of this chapter.
2023 West Virginia Code › Chapter 5D. Public Energy Authority Act › Article 1. Public Energy Authority of the State of West Virginia › §5D-1-5a. Publication of Notice of Certain Meetings

For all meetings of the board at which a bond issue of the authority will be finally considered, and for all meetings of the board at which the exercise of the right of eminent domain will be finally considered, whether such meeting be a regular or special meeting, the chairman shall cause a notice of said meeting to be published as a class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area shall be each county in which the project is located. In addition, notice in writing of such meeting shall be given, by regular United States mail, to any person who shall have previously made a request, in writing, to be so notified with regard to a particular project.
2023 West Virginia Code › Chapter 5D. Public Energy Authority Act › Article 1. Public Energy Authority of the State of West Virginia › §5D-1-5c. Approval of Decommissioning or Deconstructing an Existing Power Plant

(a) No existing coal, oil, or natural gas fueled power plant shall undertake any decommissioning or deconstructing activities prior to obtaining approval from the authority:
Provided
, That such approval may not be unreasonably withheld.
(b) The authority may approve the decommissioning or deconstructing of an existing coal, oil, or natural gas fueled power plant upon the submission of a petition containing, at a minimum, the following information:
(1) An analysis by an authority approved third party that evaluates the social, environmental, and economic impact at a local and statewide level of such decommissioning and deconstruction; and
(2) Potential alternatives to the decommissioning and deconstruction, including the reconstruction that make use of other technologies, including novel technologies and green technologies as alternative fuel sources.
(c) The authority shall propose rules for legislative approval and promulgate emergency rules in accordance with the provisions of 29A-3-1
et seq
. of this code to implement this section, including exempting power plants that have been non-producing for at least five years prior to the effective date of this section.