West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-06 - Review By The Council For Community And Economic Development Of Infrastructure Projects To be Financed Through The Infrastructure Fund; Establishment of › Section 145-6-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means
				the Infrastructure and Jobs Development Act, W. Va. Code
§§ 31-15A-1 et seq.
3.2. "Cost" means, as applied to any project
				to be financed in whole or in part with infrastructure revenues or funds
				otherwise provided pursuant to the Act, the cost of planning, acquisition,
				improvement and construction of the project; the cost of preliminary design and
				analysis, surveys, borings; the cost of environmental, financial, market and
				engineering feasibility studies, assessments, applications, approvals,
				submissions or clearances; the cost of preparation of plans and specifications
				and other engineering services; the cost of acquisition of all land,
				rights-of-way, property rights, easements, franchise rights and any other
				interests required for the acquisition, repair, improvement or construction of
				the project; the cost of demolishing or removing any buildings or structures on
				land so acquired, including the cost of acquiring any lands to which buildings
				or structures may be moved; the cost of excavation, grading, shaping or
				treatment of earth, demolishing or removing any buildings or structures; the
				cost of constructing any buildings or other improvements; the cost of all
				pumps, tanks, vehicles, apparatus and other machinery, furnishings and
				equipment; loan or origination fees and all finance charges and interest
				incurred prior to and during the construction and for no more than six months
				after completion of construction; the cost of all legal services and expenses;
				the cost of all plans, specifications, surveys and estimates of cost; all
				working capital and other expenses necessary or incident to determining the
				feasibility or practicability of acquiring, repairing, improving or
				constructing any project; the cost of placing any project in operation; and all
				other costs and expenses of any kind or nature incurred or to be incurred by
				the project sponsor developing the project that are reasonable and necessary
				for carrying out all works and undertakings necessary or incident to the
				accomplishment of any project: Provided, That costs shall not include any
				amounts related to the ongoing operations of the owner or operator,
				depreciation thereof or any other cost which the Council or the Water
				Development Authority has not determined to be consistent with the purposes and
				objectives of the Act.
3.3.
				"Council" means the West Virginia Council for Community and Economic
				Development.
3.4. "Director" means
				the executive director of the State Development Office.
3.5. "Economic Development Authority" means
				the Economic Development Authority or any successor to all or any substantial
				part of its powers and duties.
3.6.
				"Governmental agency" means any county; municipality; watershed improvement
				district; assessment district; soil conservation district; sanitary district;
				public service district; drainage district; regional governmental authority and
				any other state governmental agency, entity, political subdivision or public
				corporation or agency authorized to acquire, construct or operate water or
				waste water facilities or infrastructure projects.
3.7. "Infrastructure Council" means the West
				Virginia Infrastructure and Jobs Development Council.
3.8. "Infrastructure Fund" means the West
				Virginia Infrastructure Fund.
3.9.
				"Infrastructure project" means a project in the State which the Council
				determines is likely to foster and enhance economic growth and development in
				the area of the state in which the project is developed, for commercial,
				industrial, community improvement or preservation or other proper purposes.
3.10. "Infrastructure revenue"
				means all amounts appropriated by the Legislature; all amounts deposited into
				the Infrastructure Fund; any amounts received, directly or indirectly, from any
				source for the use of all or any part of any project completed pursuant to this
				article; and any other amounts received by the State Treasurer, the
				Infrastructure Council or the Water Development Authority.
3.11. "Project sponsor" means any
				governmental agency or person, or any combination thereof, including, but not
				limited to, any public utility, which intends to plan, acquire, construct,
				improve or otherwise develop an infrastructure project.
3.12. "Person" means any individual,
				corporation, partnership, association, limited liability company or any other
				form of business organization.
3.13. "State Development Office" means the
				West Virginia Development Office or any successor to all or any substantial
				part of its powers and duties.
3.14. "State infrastructure agency" means the
				Division of Health, Division of Environmental Protection, Housing Development
				Fund, Public Service Commission, State Development Office, Water Development
				Authority, Economic Development Authority and any other state agency, division,
				body, authority, commission, instrumentality or entity which now or in the
				future receives applications for the funding of, and provides funding or
				technical assistance to, the planning, acquisition, construction or improvement
				of a project.
3.15. "Water
				Development Authority" means the West Virginia Water Development Authority or
				any successor to all or any substantial part of its powers and
				duties.