reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2B. West Virginia Workforce Investment Act › §5B-2B-4a. Report to Legislature

(a) The Legislature finds that:
(1) The state needs to take all necessary steps to retain, educate and train West Virginians to have the skills necessary to compete for job opportunities resulting from horizontal drilling; and
(2) Specific attention shall be made by the State of West Virginia to train and educate West Virginia citizens that have not historically or traditionally been exposed to the oil and gas industry through training programs offered by community colleges, technical schools and institutions and small business owners. Small business owners shall be made aware by the State of West Virginia of any and all programs and grants available to assist them in training said individuals.
(b) To assist in maximizing the economic opportunities available with horizontal drilling, the board shall make a report to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability on or before November 1 of each year through 2016, detailing a comprehensive review of the direct and indirect economic impact of employers engaged in the production of horizontal wells in the State of West Virginia, as more specifically defined in article six-a, chapter twenty-two of this code, which shall include:
(1) A review of the total number of jobs created;
(2) A review of total payroll of all jobs created;
(3) The average salary per job type;
(4) A review of total economic impact;
(5) The board’s recommendations for the establishment of an overall workforce investment public education agenda with goals and benchmarks toward maximizing job creation opportunities in the State of West Virginia;
(6) A review of number of jobs created for minorities based on race, ethnicity and gender;
(7) A review of number of jobs created for individuals reemployed from the State of West Virginia’s unemployment rosters;
(8) A review of number of jobs created for returning veterans; and
(9) A review of number of jobs created for legal West Virginia residents and non-West Virginia residents.
(c) To the extent permitted by federal law, and to the extent necessary for the board to comply with this section, the board, Workforce West Virginia, the Division of Labor and the Office of the Insurance Commissioner may enter into agreements providing for the sharing of job data and related information.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2B. West Virginia Workforce Investment Act › §5B-2B-4b. Open Meetings; Public Information

(a) The board shall conduct business in an open manner as required by WIOA §101(g).
(b) The board shall make available to the public, on a regular basis through electronic means and open meetings, information about the activities and functions of the board including:
(1) The state plan, or modification to the state plan, prior to submission of the plan or modification of the plan;
(2) Information regarding membership; and
(3) Minutes of formal meetings of the board upon request.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2B. West Virginia Workforce Investment Act › §5B-2B-5. State Agencies

On or before November 1, any state agency that receives federal or state funding that has been used for workforce investment activities for the past fiscal year shall provide to the board a report, detailing the source and amount of federal, state or other funds received; the purposes for which the funds were provided; the services provided in each regional workforce investment area; the measures used to evaluate program performance, including current and baseline performance data; and any other information requested by the board. All reports submitted pursuant to this section are to be in a form approved by the board.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2B. West Virginia Workforce Investment Act › §5B-2B-6. Administration of Board

(a) Workforce West Virginia shall provide administrative and other services to the board as the board requires.
(b) Workforce West Virginia shall facilitate the coordination of board activities and local workforce investment activities, including holding meetings with the executive directors of each local board at least monthly. Any executive director of a local board who participates in a meeting held pursuant to this subsection shall report to his or her local board and the county commission of each county represented by the local board regarding the meeting.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2B. West Virginia Workforce Investment Act › §5B-2B-7. Legislative Oversight Commission on Workforce Investment for Economic Development

(a) There is hereby created a joint commission of the Legislature known as the Legislative Oversight commission on workforce investment for economic development.
(b) The commission is to be composed of four members of the Senate appointed by the President of the Senate from the members of the joint commission on economic development and four members of the House of Delegates appointed by the Speaker of the House of Delegates from the members of the joint commission on economic development. No more than three of the four members appointed by the President of the Senate and the Speaker of the House of Delegates, respectively, may be members of the same political party. The President of the Senate and the Speaker of the House of Delegates shall each appoint a chairperson from their respective houses. The members shall serve until their successors have been appointed.
(c) Members of the commission may receive compensation and expenses as provided in article two-a, chapter four of this code. Expenses, including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel, are to be approved by the Joint Committee on Government and Finance and paid from legislative appropriations.
(d) The commission may meet at any time both during sessions of the Legislature and in the interim or as often as may be necessary.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2B. West Virginia Workforce Investment Act › §5B-2B-8. Powers and Duties of the Commission

(a) The commission shall make a continued investigation, study and review of the practices, policies and procedures of the workforce investment strategies and programs implemented in the state.
(b) The commission has the authority to conduct or cause to be conducted performance audits upon local workforce investment boards.
(c) For purposes of carrying out its duties, the commission is hereby empowered and authorized to examine witnesses and to subpoena persons, books, records, documents, papers or any other tangible things it believes should be examined to make a complete investigation. All witnesses appearing before the commission shall testify under oath or affirmation, and any member of the commission may administer oaths or affirmations to witnesses. To compel the attendance of witnesses at hearings or the production of any books, records, documents, papers or any other tangible things, the commission is hereby empowered and authorized to issue subpoenas, signed by one of the chairpersons, in accordance with section five, article one, chapter four of this code. Subpoenas are to be served by any person authorized by law to serve and execute legal process and service is to be made without charge. Witnesses subpoenaed to attend hearings are to be allowed the same mileage and per diem as are allowed witnesses before any petit jury in this state. If any person subpoenaed to appear at any hearing refuses to appear or to answer inquiries there propounded, or fails or refuses to produce books, records, documents, papers or other tangible things within his or her control when they are demanded, the commission shall report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and the court may compel obedience to the subpoena as though the subpoena had been issued by the court in the first instance.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2C. West Virginia Academy of Science and Technology › §5B-2C-1. Legislative Purpose

(a) The Legislature hereby finds that educational and economic development require an integrated program of support for research and development, assistance in the transfer of technological innovations and discoveries to public and private enterprises and facilitation of the commercialization of intellectual property. To that end, the state recognizes the need for:
(1) Informed analysis of the status of science and technology research, development and commercialization capabilities, infrastructure and activities within West Virginia and the development of innovative options that build upon and expand them with the goal of increasing the gross state product;
(2) Coordination of efforts to attract private and federal assistance for research, development and commercialization in those fields most likely to maximize the gross state product;
(3) Increased collaboration between all of the federal, state and private research and development and technology commercialization organizations in the state;
(4) Strengthening the leadership and support of the West Virginia experimental program to stimulate competitive research; and
(5) Leadership in science and technology policy.
(b) The Legislature therefore declares that creation of a West Virginia academy of science and technology will promote and foster the educational and economic development of the state.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2C. West Virginia Academy of Science and Technology › §5B-2C-3. Executive Director; Powers and Duties; Compensation; Expenses

(a) The Governor is authorized and directed to request and negotiate the loan of a federal executive employee, pursuant to the provisions of the federal intergovernmental personnel act, to serve as the initial executive director of the council. This person is expected to serve as executive director of the academy for a period of not less than one year. He or she must have training and experience in science, technology research, development and commercialization and demonstrable skills in managing new programs. The executive director shall serve at the will and pleasure of the academy council and is not entitled to compensation but may be reimbursed by the West Virginia Development Office for all reasonable and necessary expenses actually incurred in the performance of his or her duties in a manner consistent with guidelines of the travel management office of the Department of Administration or its successor.
(b) Subsequent executive directors may be selected by the council in consultation with the director of the West Virginia Development Office.
(c) In addition to assisting the council and its working groups in the exercise of their duties, the executive director shall:
(1) Facilitate and oversee the process for the initial nomination and appointment of council members;
(2) Provide and obtain scientific, technical, economic, programmatic information and market research to support the work of the academy;
(3) Foster and maintain relationships between agencies of this state, other states, the federal government, educational institutions, nonprofit organizations and private enterprises for the advancement of research, development and commercialization;
(4) Organize, prepare and lead presentations on science, technology research and development and commercialization for business executives, state legislative leaders and committees, and federal agencies; and
(5) Develop yearly work plans for the academy.
(d) The executive director will be available to the Governor, the Speaker of the House of Delegates and the President of the Senate to analyze and comment upon proposed legislation and rules that relate to or materially affect state scientific, technical and commercialization issues.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2C. West Virginia Academy of Science and Technology › §5B-2C-5. Fellows of the Academy of Science and Technology

(a) In order to address the specific opportunities and needs of any particular field of science and technology, the council may establish working groups composed of a member or members of the council with expertise in that field or discipline and additional individuals, to be known as fellows of the academy of science and technology. Any working group so created may conduct business, research and meetings by telephone, electronic mail or in person and shall not require a quorum to conduct its business. The committee or working group shall submit a report or reports of its findings and recommendations to the council for incorporation in policy recommendations and the annual report of the academy.
(b) Selection of a fellow of the academy will be made on the basis of the designated individual's experience and expertise in the field to be addressed by the working group and must be by a majority vote of the council. The term of a fellow of the academy is one year and a term may be renewed by the council as needed.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2C. West Virginia Academy of Science and Technology › §5B-2C-6. Periodic Reports

(a) The academy will prepare and produce an annual report on the state of science and technology in West Virginia and submit it to the Governor, the Speaker of the House of Delegates, the President of the Senate and the joint commission on economic development or before July 1, of each year. The report shall address all aspects of research, development and commercialization that the academy council deems material, including, but not limited to:
(1) Strengths, weaknesses, opportunities, and threats to West Virginia’s research, development, and commercialization environment and establishments;
(2) Options for actions by the Legislature and the Governor to maximize the ability of the state to attract investment, grants, and infrastructure development to support growth of science and technology research, development, and commercialization in the state;
(3) The status of, and options to improve, scientific and technological entrepreneurship in West Virginia; and
(4) The status of, and options to improve, the collaboration of institutions of higher education in obtaining competitive research awards and grants.
(b) In preparing its annual report, the council may utilize the technical support available to it through the West Virginia Development Office, the West Virginia Experimental Program to Stimulate Competitive Research (EPSCoR), the West Virginia higher education system, federal and state agencies, and other entities that have an interest in fostering science and technology research, development, and commercialization in this state.
(c) Each month, an academy representative shall meet with legislative and executive leaders to provide updates and information concerning opportunities, issues and progress of science, technology, and commercialization in the state.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2C. West Virginia Academy of Science and Technology › §5B-2C-7. Confidentiality of Contributed Material

Any documentary material, data or other writing made or received by the West Virginia academy of science and technology for the purpose of developing state summaries or policy options concerning the capabilities, performance or plans of individual businesses or organizations is deemed to be confidential trade secrets which are exempt from disclosure under the provisions of section four, article one, chapter twenty-nine-b of this code, and the provisions of section one, article two of this chapter.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2D. West Virginia Guaranteed Work Force Program › §5B-2D-2. Definitions

As used in this article, the following words and terms have the following meanings unless the context indicates another or different meaning or intent:
(1) "WVDO" means the West Virginia Development Office;
(2) "Employer" means an individual, partnership, corporation, or other legal entity that employs or plans to employ skilled workers;
(3) "Retraining and job upgrade" means the specialized training that is given to an identified level of employees to enable them to advance to a higher level of employment;
(4) "Program" means the West Virginia Guaranteed Work Force Program established pursuant to section three of this article;
(5) "Training" means custom-designed training given to employees or prospective employees of new or expanding businesses and industries within the state;
(6) "Training provider" means any persons, public or private educational institutions, agencies, companies or other entities that may be utilized for training or consultative services for an employer.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2D. West Virginia Guaranteed Work Force Program › §5B-2D-3. Training Program

The West Virginia Development Office shall develop a business and industrial training program, the purpose of which is to provide assistance for new or expanding businesses for the training, retraining or upgrading of the skills of potential employees. The program shall emphasize employee training specifically designed to accommodate the needs of individual employers. The program shall encourage the expansion of existing businesses and industries within the state, promote retention of businesses and industries within the state, promote retention of existing jobs within the state, prevent economic and industrial out-migration, and assist in the relocation of out-of-state businesses and industries in the state. Under this program, the West Virginia Development Office may pay up to one hundred percent or $2,000 per employee, whichever is less, of training costs of new employees in firms creating at least ten jobs in a one-year period. Training assistance may also be provided to existing businesses in cases in which training, retraining or upgrading services will result in the retention of existing jobs or the creation of additional jobs, or both: Provided, That the West Virginia Development Office may pay up to one hundred percent or $10,000 per employee, whichever is less, for the training, retraining or upgrading. Training costs associated with this program will be paid directly by the training provider.
Provision of training services will depend upon the employer meeting program requirements as set forth by the West Virginia Development Office and this article. The state of West Virginia guarantees if employer satisfaction is not achieved, the West Virginia Development Office will carefully review the effectiveness of the recently completed training plan and program with the employer and the training provider. After such review, if the West Virginia Development Office determines that the training program was inadequate to meet the employer's specifications and satisfaction as originally agreed to, then those employees so trained shall be eligible for retraining under the guarantee provision except when the training program curriculum or provider were selected solely at the discretion of the employer, then no such additional training shall be considered or approved: Provided, That in no instance may the cost of training and retraining an employee exceed $4,000.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2D. West Virginia Guaranteed Work Force Program › §5B-2D-4. Funds

The funds made available by this section shall supplement but not displace funds available through existing programs conducted by employers themselves and public programs such as the Workforce Investment Act (WIA), the Carl D. Perkins Vocational Education Act, the Stewart B. McKinney Homeless Assistance Act, and the JOBS Act, or apportionment fund allocated to the community colleges, regional occupational centers and programs, or other local educational agencies. In addition, it is further the intention of the Legislature that the program established pursuant to this section shall not replace, parallel, supplant, compete with, or duplicate in any way existing, approved apprenticeship programs.
The fund shall consist of all moneys provided by the Legislature and also any contributions, grants or bequests received from federal, private or other sources. Appropriations made from the funds shall be for the purpose of providing contractual services through the West Virginia Development Office for vocational related training or retraining provided by public or private training institutions within West Virginia and for contracted services through the West Virginia Development Office for vocational related training, retraining or upgrading provided by public or private training institutions located outside of West Virginia and for vocational related training or retraining provided on site, within West Virginia by any training provider as defined in this article.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2D. West Virginia Guaranteed Work Force Program › §5B-2D-5. Program Activities

The primary concern in the provision of training services shall be the needs and types of services identified by the employer. A college or university, community college or area vocational education center shall be given initial consideration to provide any training, retraining, or job upgrade training. The employer will have the opportunity to participate in the selection of a training provider and training program curriculum. Training services may begin upon execution of a written agreement between the West Virginia Development Office and the employer.
Program activities may include, but not be limited to, the following:
(a) The performance of a job skills analysis and the designing of a training curriculum for an employer.
(b) The recruitment and referral of trainee applicants to an employer.
(c) The provision of off site preemployment training to prospective employees of a new or expanding business or industry or to existing employees for purposes of retraining or upgrading: Provided, That on site preemployment training may be provided if off site preemployment training is not practical.
(d) Retraining of employees in response to a technological change.
(e) The provision of job upgrade training, if the training will retain or increase the employer's total work force.
(f) Contracting with persons, public or private educational institutions, agencies or other bodies for training or consultative services for an employer.
(g) The provision of materials and supplies used in the training process, instructors with specialized skills, instructional training aids and equipment, consultative services relative to highly specific or technical data and other services.
(h) Assisting a foreign employer locating or expanding in this state by familiarizing the employer's foreign personnel with the work attitudes, work methods, expectations, customs and life style of employees who work within this state.
(i) Taking any other action that is considered to be necessary or desirable for the furtherance of the provisions of this article.
Funds may not be awarded or reimbursed to any business or industry for the training, retraining or upgrading of skills of potential employees with the purpose of replacing or supplanting employees engaged in an authorized work stoppage.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2D. West Virginia Guaranteed Work Force Program › §5B-2D-6. Reporting

(a) The office shall file a report with the Legislature, the Legislative Oversight commission on workforce investment for economic development and the Governor at the end of each fiscal year, commencing June 30, 1990. This report shall include the following:
(1) The number of persons trained and their demographics;
(2) The number of persons placed in employment;
(3) The number of employers for which persons have been trained and placed;
(4) The number of persons trained and placed for each employer;
(5) The types of work for which persons have been trained;
(6) The source of training fund; and
(7) The overall effectiveness of this article in contributing to economic stabilization and business and industrial growth within this state.
(b) In addition, the West Virginia Development Office shall report on a quarterly basis to the West Virginia workforce investment council and the Legislative Oversight commission on workforce investment for economic development the following as they relate to the training program established by this article:
(1) The names of all companies approved for training during the reporting quarter;
(2) The names of all companies receiving funding for training during the reporting quarter;
(3) The amount and source of funds utilized for each training program;
(4) The type of training being delivered;
(5) The number of employees trained; and
(6) Those agencies providing the training.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2D. West Virginia Guaranteed Work Force Program › §5B-2D-8. Summer Youth Intern Pilot Program

A summer youth intern pilot program is established within the Department of Commerce to provide high school students with internship opportunities that allow these youths to explore and prepare for high-demand careers, gain work experience, and develop the life characteristics necessary for success in occupations and entrepreneurship. The Department of Commerce shall work with employers, nonprofit organizations, and educational institutions to provide for the placement of youth in internships primarily in high-demand career fields with a prioritization of offering equitable opportunities for all students. Subject to an appropriation by the Legislature for this purpose, the Department of Commerce may award grants to assist employers with costs of the summer youth intern pilot projects on a competitive basis subject to the following:
(1) The Department of Commerce shall annually issue a request for proposals to the public, specifying the expectations, requirements, and qualifications for the summer youth intern pilot program grant, including, but not limited to, the provision of facilities, programming, staffing, and outcomes; and
(2) The Department of Commerce shall give full and fair consideration to each proposal submitted under subdivision (1) of this subsection and shall award grants after considering, at a minimum, the following:
(A) The bidders history and experience in the community;
(B) The capacity to serve a substantial number of youths;
(C) The suitability of the available facilities;
(D) The bidders contacts and partnerships in the community that can be leveraged to maximize opportunity for project participants; and
(E) The capacity to provide employability skills, including but not limited to training relating to soft skills, financial literacy, and career development.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2E. West Virginia Tourism Development Act › §5B-2E-2. Legislative Findings

The Legislature finds and declares that the general welfare and material well-being of the citizens of the state depend, in large measure, upon the development of tourism development projects in the state and that it is in the best interest of the state to induce the creation of new, or the expansion of existing, tourism development projects within the state in order to advance the public purposes of relieving unemployment by preserving and creating jobs and by preserving and creating new and greater sources of revenues for the support of public services provided by the state; and that the inducement for the creation or expansion of tourism development projects should be in the form of a tax credit to be applied to consumers sales and service taxes collected on the gross receipts generated directly from the operations of the new or expanded tourism development projects, in lieu of tax credits on income that are largely deferred for a number of years after start up of a major tourism development project; and all of which new or expanded tourism developments are of paramount importance to the state and its economy and for the state's contribution to the national economy.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2E. West Virginia Tourism Development Act › §5B-2E-4. Additional Powers and Duties of the Development Office

The development office has the following powers and duties, in addition to those set forth in this case, necessary to carry out the purposes of this article including, but not limited to:
(1) Make approval of all applications for projects and enter into agreements pertaining to projects with approved companies;
(2) Employ fiscal consultants, attorneys, appraisers and other agents as the executive director of the development office finds necessary or convenient for the preparation and administration of agreements and documents necessary or incidental to any project; and
(3) Impose and collect fees and charges in connection with any transaction.
(4) Impose and collect from the applicant a non-refundable application fee in the amount of $10,000 to be paid to the Development Office when the application is filed.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2E. West Virginia Tourism Development Act › §5B-2E-6. Agreement Between Department and Approved Company

The department, upon final approval of an application by the Secretary, may enter into an agreement with any approved company with respect to its project. The terms and provisions of each agreement shall include, but not be limited to:
(1) The estimated amount of approved costs of the project that qualify for a sales tax credit, as provided in section seven or section seven-a of this article, as applicable. Within six months of the actual completion date, which, for purposes of this section, means the date on which the project is completed and opened to the public, the approved company shall document the actual cost of the project through a certification of the costs to the department by an independent certified public accountant acceptable to the department; and
(2) A date certain by which the approved company reasonably expects the project to be completed and to be opened to the public:
Provided
, That such date may be updated and amended as necessary, with the written approval of the department upon a submission by the approved company outlining the reason for amendment, and, if approved, the completion and opening of the project either prior to or after the initial proposed date shall not impact the qualification of the approved company for the tax credit as provided in 5B-2E-7 or 5B-2E-7a of this code.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2E. West Virginia Tourism Development Act › §5B-2E-9. Promulgation of Rules

The executive director of the Development Office may promulgate rules to implement the project application approval process and to describe the criteria and procedures it has established in connection therewith. These rules are not subject to the provisions of chapter twenty-nine-a of this code but shall be filed with the Secretary of State.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2E. West Virginia Tourism Development Act › §5B-2E-10. Legislative Review

The Development Office shall report annually to the Joint Commission on Economic Development by December 1 of each year on the number of applications received from eligible companies as provided in this article, the identity of each eligible company, whether the eligible company is seeking the tourism development project credit or the tourism development expansion project credit, or both, a description of the tourism development projects to which the credit may be applied, the status of each application, the number of projects approved, the status of each project, whether the projects are certified multiple year projects, the amount of credit allowed, and the amount of consumers sales and service tax generated by each project.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2E. West Virginia Tourism Development Act › §5B-2E-11. Termination

The development office may not accept any new project application after December 31, 2025, and all applications submitted prior to January 1, 2026, that have not been previously approved or not approved, shall be deemed not approved and shall be null and void as of January 1, 2026.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2F. Division of Energy › §5B-2F-3. Energy Savings Contracting Program

The secretary shall, working with such other agencies of the state as the secretary deems appropriate, establish an energy savings contracting program to support the design and installation of energy-savings contracts that may be entered into by agencies of the state under 5A-3B-1
et seq
. of the code. Such program shall include the development and provision of model, template, or standardized contracts, guidelines, procedures, manuals, and other related documents regarding the use of energy-savings contracts.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2F. Division of Energy › §5B-2F-4. Energy Savings Program

(a) No later than October 1, 2021, the secretary shall establish an energy savings program designed to reduce energy usage for electricity, natural gas, fuel oil, and steam in all state buildings under the care, custody, and control of the state by 25% below 2018 levels by 2030. The secretary shall report annually to the Legislature regarding the energy-conservation measures, as defined by 5A-3B-1(b) of this code, installed under the energy savings program, achieved reductions in energy usage, and additional energy-conservation measures, if any, necessary to achieve the required reductions by 2030. The secretary is authorized to enter into energy-savings contracts as defined in 5A-3B-1
et seq
. of this code, as necessary, to implement the energy savings program. Energy-savings contracts entered into as part of the energy savings program shall require an annual energy audit performed by a third party and at the cost of the qualified provider. Energy audits shall include (1) A comparative analysis of anticipated to actual energy savings; and (2) the terms and conditions of agency payment and performance guarantees. Any such performance guarantees shall provide that the contractor is responsible for maintenance and repair services for any energy related equipment, including computer software.
(b) The department will collaborate with the Department of Administration to develop energy saving strategies and improve energy efficiency in state buildings under the control and care of the Department of Administration.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2F. Division of Energy › §5B-2F-5. Disclosure of Energy Usage

No later than July 1, 2021, the secretary shall establish a program for measuring and benchmarking the energy, including electricity, natural gas, fuel oil, and steam, efficiency of all state buildings under custody and control of the state. Such program shall use the benchmarking tool Energy Star Portfolio Manager operated by the United States Environmental Protection Agency. No later than October 1, 2021 and each year thereafter, the secretary shall compile and submit energy usage data for all state buildings to such benchmarking tool. The secretary shall report annually to the Legislature regarding the building energy performance compared to similar buildings in similar climates, as determined by the Energy Star Portfolio Manager.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2G. Land Conservation › §5B-2G-2. Legislative Findings and Purpose

Legislative findings and purpose:
(a) The Legislature hereby finds and declares that:
(1) The State of West Virginia's rural character, natural wonders, scenic beauty and recreational opportunities combine to create an exceptional quality of life for its citizens;
(2) West Virginia's landscapes serve as an economic engine supporting vibrant forest products, agricultural, hunting and fishing and tourism industries;
(3) West Virginia's unique and important lands are key to attracting new businesses and knowledge workers who are mobile and capable of doing business anywhere and critical to diversifying the economy of the State of West Virginia;
(4) West Virginia's unique and important lands provide all West Virginians hunting, fishing, rafting, hiking and other recreational opportunities important to their health and well-being;
(5) West Virginia's unique and important lands are critical to the continued health of the state's wildlife habitats and West Virginia's Wildlife Conservation Action Plan, mandated by the United States Congress, recognizes that habitat loss is a key issue confronting conservation of the state's valuable fish and wildlife resources;
(6) The conversion of rural land to developed land in West Virginia doubled between 1982 and 1997;
(7) There is a critical need to invest in the conservation of unique and important wildlife habitat, natural areas, forest lands, farmland and lands for hunting, fishing and recreation; and
(8) It is critical to encourage cooperation and innovative public partnerships among landowners, state agencies, nonprofit organizations and others which must work together in order to conserve West Virginia's most important unique and rural lands.
(b) It is the intent of the Legislature to provide persons and other entities an opportunity to voluntarily conserve land.
(c) Further, it is the intent of the Legislature to establish a West Virginia Outdoor Heritage Conservation Fund, hereinafter "fund", to establish an ongoing funding source to conserve unique and important wildlife habitat, natural areas, forests, working lands, lands for hunting, fishing and recreation and other lands important to West Virginians.
(d) The Legislature finds that an ongoing funding source to conserve unique and important lands will help to ensure that present and future generations of West Virginians are able to enjoy the economic, quality of life, health, recreational, scenic and other benefits of conserved lands.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2G. Land Conservation › §5B-2G-4. West Virginia Outdoor Heritage Conservation Fund - Board of Trustees

(a) Composition; chairman; quorum; qualifications. -- The fund shall be governed and administered by a board of trustees composed of the Director of the Division of Natural Resources and the Director of the Division of Forestry, who shall serve as voting ex officio members, and nine voting members to be appointed by the Governor, by and with the advice and consent of the Senate. The ex officio members may appoint designees to serve on the board of trustees. One of the appointed members shall be a representative of the West Virginia Agricultural Land Protection Authority; one of the appointed members shall be a registered forester; three of the appointed members shall be representatives of independent IRC 501(c)(3) land trusts; two of the appointed members shall be recognized professional experts in biology or ecology nominated by the West Virginia Academy of Sciences; one of the appointed members shall have demonstrated expertise in public health or public recreation; and one of the appointed members shall be a representative of sportsmen and sportswomen. A concerted effort shall be made to appoint members who represent a cross-section of the state.
The board shall elect the chair and other officers as necessary from among the nine appointed members. A majority of the members of the board serving at any one time constitutes a quorum for the transaction of business.
If any of the entities to be represented on the board under this section ceases to exist, the Governor shall appoint a representative with similar expertise from an entity with a similar mission.
(b) Terms. --
(1) The Governor, with the advice and consent of the Senate, shall appoint the nine members for the following terms:
(A) Three for a term of four years;
(B) Three for a term of three years; and
(C) Three for a term of two years.
(2) Successors to appointed members whose terms expire shall be appointed for terms of four years. Vacancies shall be filled for the unexpired term. An appointed member may not serve more than two successive terms. Appointment to fill a vacancy may not be considered as one of two terms.
(c) Oath. --
Appointed members shall take the oath of office as prescribed by law.
(d) Recusal. --
A board member shall recuse himself or herself from any vote in which he or she has a conflict of interest. The provisions of this subsection is in addition to any other provisions of law or applicable rules relating to the ethics of public officers or employees.
(e) Compensation and expenses. --
Members shall not receive compensation. Each member of the board shall receive expense reimbursement from the fund for actual reasonable and necessary expenses incurred while engaged in the discharge of official duties, the actual expenses not to exceed the amount paid for similar reimbursement to members of the Legislature.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2G. Land Conservation › §5B-2G-5. West Virginia Outdoor Heritage Conservation Fund - Powers

The board has the following general powers on behalf of the fund:
(a) Power to sue. -- To sue and be sued in contractual matters in its own name.
(b) Power to contract. -- To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its purposes.
(c) Power to conserve land. -- To acquire interests in real property for conservation purposes.
(d) Power to transfer. -- To transfer interests in real property for conservation purposes.
(e) Power to disburse grants. -- To act as a granting authority to award grants to eligible grant recipients in accordance with section nine of this article.
(f) Power to seek funding. -- To apply for and receive funding from any and all state, federal and private sources to be used as provided in this chapter.
(g) Power to authorize bond issuance. -- To direct the Economic Development Authority to issue revenue bonds payable from the portion of the recording fee imposed in section ten, article one, chapter fifty-nine of this code to be allocated to the fund and any other special revenue made against to the fund for this purpose in accordance with section eight of this article or other provisions of this code.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2G. Land Conservation › §5B-2G-6. West Virginia Outdoor Heritage Conservation Fund - Duties

The board shall, on behalf of the fund:
(a) Disseminate information regarding land conservation and promote the conservation of land.
(b) Develop and implement additional guidelines and procedures, consistent with the purposes of this chapter, as necessary to implement this chapter.
(c) Seek and apply for funds from federal, state and private sources to carry out its purpose as provided in this chapter.
(d) From moneys received from the recording fee in accordance with section ten, article one, chapter fifty-nine of this code, to:
(1) Make available to the West Virginia Division of Natural Resources fifty percent of the moneys so received by the fund, for the division to acquire interests in real property for conservation purposes in perpetuity in keeping with the West Virginia Wildlife Conservation Action Plan or other conservation plans developed by the division, provided that the board approves any acquisitions. The division may agree to permit the fund to retain any or all of this fifty percent to remain in the fund to be used as payment of debt service and other costs associated with revenue bonds on the fund's behalf by the Economic Development Authority in accordance with the provisions of this article;
(2) Ensure that the remaining fifty percent of the moneys so received by the fund are used for competitive grants in accordance with this article or used as payment of debt service and other costs associated with revenue bonds on the fund's behalf by the Economic Development Authority in accordance with the provisions of this article, the proceeds of which shall also be used for competitive grants.
(e) Prepare and file electronically with the Governor's office and with the Legislature by the thirty-first day of August of each year a report that accounts for fund receipts and disbursals and sets forth a list and description of all grants approved and all acquisitions of interests in real property obtained with moneys from the fund during the current year, including the recipients of the grants, the amounts and the public benefits of the interests in real property acquired.
(f) Propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to carry out its purposes and programs, to include specifically the qualifications and procedures relating to its awarding of grants.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 2G. Land Conservation › §5B-2G-7. Definitions

For purposes of this article, the following terms have the meanings set forth in this section.
(a) “Board” means the board of trustees established in section three of this article.
(b) “Conservation easement” means a nonpossessory interest in real property as defined in section three, article twelve, chapter twenty of this code, except that a conservation easement acquired pursuant to this article shall be held in perpetuity.
(c) “Conservation purposes” means the conservation of land for outdoor recreation by the public, for conservation of natural plant and wildlife habitat or similar ecosystem, for conservation of forestland and other open spaces, for conservation of land of historical or cultural significance or as further defined under conservation criteria developed in this article.
(d) “Eligible grant recipient” means:
(1) The following state agencies:
(A) Division of Natural Resources;
(B) Division of Forestry; or
(2) A charitable corporation, charitable association or charitable trust registered with the Secretary of State and exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 [Public Law 99-514, 26 U.S.C. §501(c)(3)] or other federal or state statutes or rules, the purposes or powers of which include retaining or protecting the natural, scenic, agricultural or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational or open-space use; protecting natural resources and wildlife; maintaining or enhancing land, air or water quality; or preserving the historical, architectural, archaeological or cultural aspects of real property, as defined in section three, article twelve, chapter twenty of this code, and that has a primary part of its mission to acquire interests in real property for conservation purposes.
(e) “Fund” means the West Virginia Outdoor Heritage Conservation Fund established in this article.
(f) “Land conservation” means acquisition of interests in real property from willing sellers for conservation purposes.
(g) “Stewardship” means the necessary monitoring, maintenance and enforcement of interests in real property for conservation purposes.