reglab/statecodes huggingface dataset:
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 145-6-5 - Review Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Determination of Eligible Projects. When evaluating any request for funding
				assistance to plan, acquire, construct, improve or otherwise develop an
				infrastructure project with assistance from the Infrastructure Fund, the
				Council may consider, where relevant, the following:
5.1.1. The actual number of full time or full
				time equivalent jobs to be created, the time frame for job creation and the
				economic impact of jobs created based on wage rates and benefit
				packages;
5.1.2. To the extent that
				the proposed infrastructure project would compete with or eliminate existing
				jobs, the net effect on actual full time equivalent employment of the proposed
				infrastructure project.
5.1.3. The
				number of temporary or seasonal jobs provided with respect to the construction
				aspect of the proposed infrastructure project and the economic impact of such
				temporary or seasonal jobs based on wage rates and benefit packages.
5.1.4. The proposed schedule for the
				expenditure of funds to develop the infrastructure project and the ability of
				the infrastructure project sponsor to meet the proposed time
				schedule.
5.1.5. Projected impact
				on the state's tax base including projections for business and occupation
				taxes, corporate net income taxes, personal income taxes, consumer sales and
				service taxes, and real property taxes.
5.1.6. If appropriate, the ability of the
				sponsor of the infrastructure project to comply with the state worker's
				compensation, employment security and other state regulatory
				requirements.
5.1.7. Degree that
				private and other public moneys are available and the extent to which they can
				be leveraged with infrastructure Fund dollars;
5.1.8. The cost effectiveness of the
				infrastructure project as compared with alternatives which achieve
				substantially the same economic development benefits;
5.1.9. The availability of alternative
				sources of funding which could finance all or a part of the infrastructure
				project, and the need for assistance from the Infrastructure Fund to finance
				the infrastructure project or attract other sources of funding;
5.1.10. The project sponsor's ability to
				operate and maintain the infrastructure project;
5.1.11. The degree to which the
				infrastructure project achieves State or regional planning goals;
5.1.12. The estimated date upon which the
				infrastructure project could commence if funding were available and the
				estimated completion date of the infrastructure project; and
5.1.13. Such other considerations as the
				Council may consider necessary or appropriate to promote job creation and
				economic growth.
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 145-6-6 - Financial Assistance for Infrastructure Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Financial Assistance. The Council shall
				recommend that the Infrastructure Council authorize the Water Development
				Authority to make loans, loan guarantees or grants or other assistance from the
				Infrastructure Fund upon such terms and conditions as the Council shall
				recommend.
6.1.1. Unless circumstances
				warrant otherwise, all loans from the Infrastructure Fund will be made as
				permanent or take out loans and not as construction financing.
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 145-6-7 - Loan Terms

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The length
				of each loan will be negotiated for each infrastructure project and will not
				exceed the useful life of the assets being financed or 20 years, whichever is
				less. The Council may defer the repayment of principal and interest for up to
				five years, provided that interest will continue to accrue on the unpaid
				principal during the deferment period. A prepayment of a loan in full or in
				part may be made at any time without penalty. The Council shall establish such
				terms and conditions as it deems necessary and appropriate for each
				infrastructure project loan.
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 145-6-8 - Credit Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The Council shall base credit decisions on each project sponsor's ability to
				repay the loan and the collateral offered to secure the loan.
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 145-6-9 - Eligible Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				Council may recommend Infrastructure Fund funding for certain activities
				including, but not limited to:
9.1.1.
				Acquisition of land and buildings;
9.1.2. Construction of new
				facilities;
9.1.3. Construction or
				installation of all necessary utilities;
9.1.4. Purchase of machinery and equipment
				related to or necessary for the infrastructure project; and
9.1.5. Improvements to or expansion of
				existing buildings and sites necessary to enhance the infrastructure
				project.
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 145-6-10 - Ineligible Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				Council shall not recommend Infrastructure Fund financing for the following:
10.1.1. Working capital;
10.1.2. Relocation of a company from one West
				Virginia location to another, unless for the purpose of expansion due to site
				limitations;
10.1.3. To refinance
				existing debt; and
10.1.4.
				Speculative loans to for-profit sponsor.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules implement the Neighborhood Investment Program Act found at W. Va.
				Code §
									11-13j-1
				et seq.
1.2. Authority. -- W. Va.
				Code §
									5B-2-3.
1.3. Filing Date. -- February 26,
				2021.
1.4. Effective Date. --
				March 29, 2021.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- These rules shall apply to the West Virginia Development
				Office, the Neighborhood Investment Program Advisory Board and to all persons
				submitting applications pursuant to the Neighborhood Investment Program Act.
2.2. Enforcement. -- The
				enforcement of this rule shall be vested with the executive director of the
				West Virginia Development Office.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Affiliate. --
				The terms "affiliate" or "affiliates" include all concerns which are affiliates
				of each other when either directly or indirectly one concern controls or has
				the power to control the other or a third party or third parties control or
				have the power to control both. In determining whether concerns are
				independently owned and operated and whether or not affiliation exists,
				consideration shall be given to all appropriate factors, including common
				ownership, common management and contractual relationships.
3.2. Capacity Building. -- The term "capacity
				building" means to generally enhance the capacity of the community to achieve
				improvements and to obtain the community services described in subsections
				3.4.a. through 3.4.e. of these rules. Capacity building includes, but is not
				limited to, improvement of the means or capacity to:
3.2.1. Access, obtain and use private,
				charitable and governmental assistance programs, administrative assistance, and
				private, charitable and governmental resources or funds;
3.2.2. Fulfill legal, bureaucratic and
				administrative requirements and qualifications for accessing assistance,
				resources or funds; and
3.2.3.
				Attract and direct political and community attention to needs of the community
				for the purpose of increasing access to and use of assistance, resources or
				funds for a given purpose, goal or need.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-5 - Certification of Economically Disadvantaged Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Duration of certification order.
				Certifications shall last for a period of five calendar years unless a shorter
				period of time is specified in the certification order issued by the
				Development Office. An area may be recertified as an economically disadvantaged
				area, but the total period of time an area is certified may not exceed ten
				years.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-6 - Certification of Project Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				neighborhood organization that seeks to sponsor a project and have it certified
				pursuant to these rules must submit their application to the director of the
				Development Office on forms approved by the director. The application shall
				include, but not be limited to, the following information:
6.1.1. A description of the project to be
				implemented;
6.1.2. The identity of
				the economically disadvantaged area or areas to be assisted by the project, or
				the economically disadvantaged citizens to be assisted, or a specifically
				designated group of economically disadvantaged citizens to be assisted by the
				project;
6.1.3. The amount of total
				tax credits requested by the proposed project pursuant to receipt of eligible
				contributions from eligible taxpayers;
6.1.4. The amount of total estimated eligible
				contributions to be received under the project plan; and
6.1.5. The schedule for implementing the
				project.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-7 - Project Certification Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Project transferees that receives
				eligible contributions pursuant to a certified project plan must remit to the
				Development Office a project certification fee equal to 3 percent of the total
				eligible contributions received pursuant to the certified project plan.
7.2. When the eligible
				contribution consists of in-kind services or contributions made directly to
				indigent, disadvantaged or needy persons, economically disadvantaged citizens,
				or other person or organizations made under the sponsorship or auspices of any
				neighborhood organization, qualified charitable organization or other
				organization, entity or person as a certified project participant, the eligible
				contributions are deemed to have been made to the entity, organization or
				person under whose sponsorship or auspices the eligible contributions are made,
				and that entity, organization or person is deemed to be the project transferee
				with relation to those eligible contributions. The deemed project transferee is
				liable for payment of the project certification fee.
7.3. The measure of the certification fee
				shall be the fair market value of the contribution and shall be measured as
				follows:
7.3.1. When the contribution is
				cash, the measure of the fee is upon the cash received.
7.3.2. When the contribution is personal or
				real property, the measure of the fee is the fair market value of the personal
				or real property as of the day the property is received by the project
				transferee.
7.3.3. When the
				contribution is in-kind professional services, the measure of the fee is 75
				percent of the fair market value of the professional service provided. In-kind
				services are not eligible contributions unless the services are otherwise
				unavailable without charge in the community; they are not reimbursable, in
				whole or in part, from sources other than the tax credit provided; they are
				reasonably priced and valued; and they are reasonably necessary services
				customarily and normally provided by the contributor in the normal course of
				business to customers, clients or patients other than those encompassed by the
				certified project plan.
7.3.4. When
				the contribution is publicly traded common or preferred stock representing
				ownership in a corporation, the measure of the fee is the value of the stock at
				the average between the highest and lowest quoted selling prices on the date of
				transfer to the project transferee.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-10 - Tax Credit Allowed

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Who
				May Claim Credit. Eligible taxpayers that make eligible contributions pursuant
				to a certified project plan may receive a tax credit.
10.2. Amount of credit allowed. The amount of
				credit allowed is fifty percent of the taxpayers' eligible contribution. The
				minimum eligible contribution of a taxpayer shall be five hundred dollars
				($500.00). No contribution of cash, property or professional services or any
				combination thereof contributed in any tax year by any taxpayer having a fair
				market value of less than five hundred dollars qualifies as an eligible
				contribution. The maximum eligible contribution by a taxpayer shall be two
				hundred thousand dollars ($200,000.00). No contribution of cash, property or
				professional services or any combination thereof contributed in any tax year by
				any taxpayer having a fair market value in excess of two hundred thousand
				dollars qualifies as an eligible contribution.
10.2.1. Not more than twenty-five percent of
				total eligible contributions to a certified project may be in-kind
				contributions of professional services. Not more than twenty-five percent of
				total eligible contributions made by any taxpayer to any certified project may
				be in-kind contributions of professional services.
10.2.2. No tax credit shall be given prior to
				the making of an eligible contribution.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-11 - Assertion of Credit Against Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Annual Credit Reporting Schedule. An
				eligible taxpayer which desires to claim a neighborhood assistance tax credit
				must file with the tax commissioner, in such form as the commissioner
				prescribes, an annual tax credit reporting schedule stating the amount of
				eligible contribution which the taxpayer has made. The taxpayer must attach to
				this form the certificate issued by the director of the Development Office
				evidencing approval of the project plan pursuant to which the contribution was
				made. The taxpayer shall attach to the report proof of payment of the eligible
				contribution to the transferee designated in the certified plan solely for the
				certified project. The taxpayer shall provide all information required by the
				tax commissioner's prescribed form. The schedule shall be filed with the annual
				corporation net income tax return for the tax year in which the eligible
				contribution is first irrevocably transferred to a transferee pursuant to a
				certified project plan, except:
11.1.1. If
				the eligible taxpayer is not required to file a corporation net income tax
				return, then the tax credit reporting schedule shall be filed with the annual
				personal income tax return filed for the tax year in which the eligible
				contribution is first irrevocably transferred to a project transferee pursuant
				to a certified project plan.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-12 - Adjustment of West Virginia Taxable Income

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any deduction, decreasing adjustment or
				decreasing modification taken by a taxpayer in determining federal taxable
				income which affects the determination of West Virginia taxable income under
				the personal or corporation net income tax laws of West Virginia for a
				charitable contribution in the taxable year, or payment or portion thereof,
				which qualified as an eligible contribution under these rules and for which
				credit is claimed, must be added to West Virginia taxable income when
				determining West Virginia personal or corporation net income tax liability, as
				appropriate for the taxable year.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-13 - Credit Recapture

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. If
				it appears on audit or pursuant to other information that an eligible taxpayer
				has not made a contribution as represented, or if it appears that contributions
				made by an eligible taxpayer were made to the direct or indirect benefit of the
				eligible taxpayer making the contribution, the credit previously allowed shall
				be recaptured, and amended returns must be filed for any tax year in which the
				credit was taken. Any additional taxes shown due on the amended return or
				returns must be remitted to the tax commissioner when the amended return or
				returns are filed, along with statutory interest and a ten percent penalty,
				which may be waived by the tax commissioner if the taxpayer shows that the over
				claimed amount was due to reasonable cause and not due to willful neglect, and
				such other penalties and additions to tax as may be applicable under the West
				Virginia Tax Procedure and Administration Act. When a neighborhood assistance
				tax credit is taken on a tax return, the period of time in which the tax
				commissioner may issue a deficiency assessment is five years from the date the
				tax return was filed, or five years from the date of payment of any tax
				liability calculated pursuant to the assertion of the neighborhood assistance
				credit, whichever is later.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-14 - Audits

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. In addition
				to, or instead of discretionary audits of eligible taxpayers which may be made
				by the tax commissioner, the tax commissioner may, in his or her discretion,
				conduct a joint audit in concert with the Development Office of the books and
				records and other information of any taxpayer, or of any person, organization
				or entity which has filed an application for certification of a project plan
				with the Development Office, or which asserted a neighborhood assistance credit
				on a tax return filed with the tax commissioner, or of any other person,
				organization or entity believed to have relevant information. For purposes of
				joint audits, or any administrative or judicial proceeding or procedure
				relating to any neighborhood assistance tax credit taken, asserted or sought,
				the tax commissioner may share such information as he or she may deem
				appropriate with the Development Office.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-07 - Neighborhood Investment Program Act › Section 145-7-15 - Preservation of Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Taxpayers
				which have gained entitlement to a neighborhood assistance credit for eligible
				contributions made to certified projects prior to July 1, 2021, shall retain
				that entitlement and apply the credit as outlined in these rules even if the
				neighborhood assistance credit program shall expire and no longer be in effect
				after that date.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-08 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Development › Section 145-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedure for the creation of community impact statements
				by operators, the process to develop coalfield community development procedures
				which include asset development goals and infrastructure needs, the criteria
				for the development of a master land use plan by local, county regional
				development or redevelopment authorities, and the procedure for establishing
				the value of property to assist property owners who desire to voluntarily sell
				their property to an operator.
1.2.
				Authority. -- W. Va. Code §
									5B-2A-12.
1.3. Filing Date. -- March 7 2003.
1.4. Effective Date. -- April 3
				2003.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-08 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Development › Section 145-8-3 - Exempted Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				provisions of this rule shall apply to all surface mining operations, except:
3.1.a. Surface operations and surface impacts
				incident to an underground coal mine; and
3.1.b. Surface mining operations of operators
				that:
(1) establish that their probable total
				annual coal production from all locations during any consecutive twelve-month
				period, either during the term of the permit or during the first five years
				after issuance of the permit, whichever period is shorter, will not exceed
				300,000 tons, as determined pursuant to rules promulgated by the department,
				and
(2) otherwise meet all criteria
				for the small operator assistance program authorized under the federal Surface
				Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq., as
				amended.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-08 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Development › Section 145-8-5 - Coalfield Community Development Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The office shall coordinate and share
				information outlined in the community impact statement with the county
				development authority when an operator applies for any permit with the
				department.
5.2. Within 30 days
				after the community impact statement from the operator applying for the permit
				is filed with the office, the operator shall distribute notice that property is
				intended to be mined by the operator applying for the permit to the following:
5.2.a. State and local government agencies
				such as county commissions, city or town governments in affected communities,
				regional planning and development councils, and county economic development
				authorities having jurisdiction over the affected communities, all by certified
				mail.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-08 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Development › Section 145-8-6 - Master Land Use Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				master land use plan may be prepared by a development authority. If requested
				by a development authority, the office may assist in the preparation of a
				master land use plan.
6.2. A
				development authority must determine land and infrastructure needs within its
				jurisdiction as necessary in conjunction with its preparation of a master land
				use plan.
6.2.a. In making a determination of
				the land and infrastructure needs in its jurisdiction, the development
				authority shall evaluate at least the considerations set forth in subsection
				5.6.e. of this rule. A development authority may satisfy this requirement by
				incorporating all or part of the determination of land and infrastructure needs
				of an area reflected in a community development statement prepared in
				accordance with section 5 of this rule.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-08 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Development › Section 145-8-7 - Land Acquisitions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				After a community impact statement is filed by an operator as provided in
				section 3 of these rules, the office shall give notice to the property owner at
				the address identified by the community impact statement that the owner's
				property has been identified for purchase by the operator and the name and
				address of the proposed purchaser, but the office shall provide no other
				assistance unless requested by the potential property seller.
7.2. The office shall assist property owners
				so notified and other property owners who desire to sell their property
				voluntarily to an operator which has applied for a permit or any person, firm
				or corporation directly or indirectly affiliated with such operator, provided
				that all of the following conditions are met:
7.2.a. The operator or any person, firm or
				corporation directly or indirectly affiliated with the operator makes an offer,
				in writing, to purchase the property stating all the terms and conditions of
				the proposed purchase;
7.2.b. The
				property to be purchased is located within 1,000 feet of property which
				actually is or will be mined by the operator;
7.2.c. The structures are actually being used
				for commercial purposes or are occupied residences situate on the property to
				be purchased; and
7.2.d. The
				potential seller or group of sellers requesting assistance from the office own
				all of the property proposed to be purchased, and no undivided interests in the
				property exist that are opposed to the valuation procedure.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-09 - Workforce Development Initiative Program › Section 145-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Implementation of the Workforce Development Initiative Program.
1.2. Authority. -- W. Va. Code §§
									18B-3D-1
				et seq.
1.3. Filing Date. -- April
				4, 2002.
1.4. Effective Date. --
				April 4, 2002.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-09 - Workforce Development Initiative Program › Section 145-9-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				establishes guidelines and procedures for administration and oversight of the
				Workforce Development Initiative Program by the Council for Community and
				Economic Development ("Council"), with assistance from an advisory committee,
				to achieve the following statements of legislative intent:
2.1.1. Competitively awarding funds to
				promote the mission of community and technical colleges as set forth in W. Va.
				Code §
										18B-3-3a.
2.1.2. Providing limited seed money to
				address specific areas where improvement is needed, including:
2.1.2.1. Improving employer awareness and
				access to services available through the state's education
				institutions;
2.1.2.2. Providing
				designated professionals and resources to support workforce education through
				the state's educational institutions;
2.1.2.3. Increasing the capacity of the
				state's education institutions to respond rapidly to employer needs for
				workforce education and training on an on-going basis through the development
				of a client-focused, visible point of contact for program development,
				delivery, service referral and needs assessment, such as a workforce
				development center; and
2.1.2.4.
				Maximizing the use of available resources for workforce education and training
				through partnerships with public vocational, technical and adult education
				centers and private training providers.
2.1.3. Providing partnering and grant award
				opportunities to small businesses on an equal basis with larger
				businesses.
2.1.4. Awarding seed
				money to assist providers in becoming self-sustaining through partnerships with
				business and industry, including cost-sharing initiatives and fee for service
				arrangements.
2.1.5. Awarding funds
				competitively among applicants who meet all criteria established in the
				statute, these rules, and as may be specified from time to time by the
				Council.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-09 - Workforce Development Initiative Program › Section 145-9-3 - Role of Council for Community and Economic Development

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Council
				for Community and Economic Development will administer and oversee the
				Workforce Development Initiative by:
3.1.1.
				Administering the Community College Workforce Development Fund;
3.1.2. Establishing criteria for grant
				applications;
3.1.3. Receiving,
				reviewing and selecting applications for funding;
3.1.4. Approving the expenditure of all grant
				funds; and
3.1.5. Evaluating the
				performance of workforce development initiatives and annually reviewing
				initiatives for grant renewal.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-09 - Workforce Development Initiative Program › Section 145-9-4 - Role of Advisory Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The advisory committee shall review all
				applications for workforce development initiative grants and make a report,
				including recommendations for distributing grant funds, to the
				Council.
4.2. The advisory
				committee shall recommend methods to share any curricula developed as a result
				of a workforce development initiative grant with other community and technical
				colleges and other educational institutions that may benefit from the
				curricula.
4.3. The advisory
				committee shall provide advice and assistance to the Council on such other
				matters related to the Workforce Development Initiative Program as the Council
				may request.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-09 - Workforce Development Initiative Program › Section 145-9-5 - Grant Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Council will from time to time solicit proposals for competitive grant funding
				to achieve the purposes and intent of the Workforce Development Initiative
				Program. Subject to the availability of funds, more than one competition may be
				held during the same fiscal year.
5.2. Subject to annual review and
				justification and at the sole discretion of the Council, grant awards may be
				renewed by the Council for a period not to exceed five years.
5.3. When determining which grant proposals
				will be funded, the Council will give special consideration to proposals that
				involve businesses with fewer than fifty employees.
5.4. The Council will weigh proposals to
				avoid awarding grants which will have the ultimate effect of providing an
				unfair advantage to new employers to the state who will be in direct
				competition with established local businesses.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-09 - Workforce Development Initiative Program › Section 145-9-6 - Funds Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Moneys appropriated or otherwise made available for the Workforce Development
				Initiative Program will be used to provide incentives for partnerships between
				employers and eligible community and technical colleges to develop
				comprehensive workforce development services.
6.2. Funds will be granted on the basis of
				request for proposals developed by the Council and in accordance with these
				rules.
6.3. The Council may
				allocate a reasonable amount, not to exceed five percent or a maximum of
				$50,000 of the funds available for grants annually, for general program
				administration.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-09 - Workforce Development Initiative Program › Section 145-9-7 - Eligibility for Program Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. To participate in the Workforce
				Development Initiative Program, a community and technical college must meet the
				following eligibility requirements:
7.1.1. A
				district consortia committee as required by W. Va. Code § 18B-3a-3, must
				be established and functioning.
7.1.2. The establishment of a plan developed
				in partnership with employers, local vocational schools and other workforce
				education providers to achieve measurable improvements over a five-year period
				in the quality of the workforce within the community and technical college
				service area.
7.1.3. The
				establishment of a special revolving fund under the jurisdiction of the
				district consortia committee dedicated solely to workforce development
				initiatives for the purposes provided in these rules. Any fees or revenues
				generated from workforce development initiatives funded by a competitive grant
				shall be deposited into this fund.
7.1.4. The adoption of the following within
				the mission of the community and technical college:
7.1.4.1. That they are a client-focused
				institution that develops programs meeting documented employer needs;
7.1.4.2. That they are an institution that
				involves and collaborates with employers in the development of
				programs;
7.1.4.3. That they are an
				institution that develops customized training programs based upon the changing
				needs of employers and that are offered at flexible times and locations to
				accommodate employer scheduling;
7.1.4.4. That they are an institution that
				develops partnerships with other providers, public and private, including small
				business development centers, vocational, technical and adult education
				centers, and business and labor, to fulfill the workforce development needs of
				its service area;
7.1.4.5. That
				they are an institution that assists in the on-going assessment of the
				workforce development needs of its service area; and
7.1.4.6. That they are an institution that
				serves as a visible point of contact for service delivery and referral for
				services to meet the workforce development needs of its service area.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-09 - Workforce Development Initiative Program › Section 145-9-8 - Minimum Application Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. To be eligible for a workforce
				development initiative grant, a community and technical college must submit an
				application that includes, at a minimum, the following:
8.1.1. That the district consortia committee
				or a subcommittee thereof has participated in the development of the
				application and approved the application.
8.1.2. That the district consortia committee
				or a subcommittee thereof has approved the workforce development initiative
				budget.
8.1.3. The identification
				of specific business or business sector training needs that will be met if a
				workforce development initiative grant is awarded.
8.1.4. A commitment from the private sector
				to provide a match of one dollar for each dollar of state grant money awarded
				unless the community and technical college can demonstrate in their application
				that it would be a hardship for the business or businesses being served to
				provide such a match. In those cases only, the match required may be reduced to
				one private dollar for every three dollars of state grant money awarded. In the
				case of awards for the modernization and procurement of equipment, the council
				may establish a separate match requirement of up to one dollar, cash and
				in-kind, for each dollar of state grant money received;
8.1.5. An agreement to share with other
				community and technical colleges or other educational institutions any
				curricula developed using funds from a workforce development initiative
				grant.
8.1.6. A specific plan
				showing how the community and technical college will collaborate with local
				post-secondary vocational institutions to maximize the use of existing
				facilities.
8.1.7. An
				acknowledgment that acceptance of a Workforce Development Initiative grant
				commits the community and technical college and its consortia committee to such
				terms, conditions and deliverables as is specified by the Council in the
				request for applications, including, but not limited to, the measures by which
				the performance of the grant award will be evaluated.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-10 - Synthethic Fuel Producing Counties Grant Fund Program › Section 145-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This procedural rule establishes guidelines to be used by the
				Director of the West Virginia Development Office for administering the
				distribution of moneys in the Synthetic Fuel-Producing Counties Grant Fund
				Program.
1.2. Authority. -- W. Va.
				Code §
									11-13-2f(g).
1.3. Filing Date. -- February 27,
				2002.
1.4. Effective Date. -- March
				1, 2002
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-10 - Synthethic Fuel Producing Counties Grant Fund Program › Section 145-10-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- These procedural rules shall apply to the Director, the West
				Virginia Development Office, and all Synthetic Fuel-Producing Counties Grant
				funds pursuant to W. Va. Code §
									11-13-2f(f)
				(2002).
2.1.1. Any specific procedural rule
				may be modified or waived by the Director when the Director deems it necessary
				and desirable to fulfill the intent of the Act.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-10 - Synthethic Fuel Producing Counties Grant Fund Program › Section 145-10-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means
				Chapter 11, Article 13, Section 2f of the W. Va. Code as it relates to the
				Fund.
3.2. "Director" means the
				director of the West Virginia Development Office.
3.3. "Economic Development Project" means a
				project in the State which the Director determines is likely to foster economic
				growth and development in the area of the state which the project is developed,
				for commercial, industrial, community improvement or preservation or other
				proper purposes.
3.4. "Eligible
				County" means a county in which a synthetic fuel manufacturing plant actively
				produced synthetic fuel for at least one hundred eighty days during the
				applicable first year as certified by the State Tax Commissioner.
3.5. "Fund" means the synthetic
				fuel-producing counties grant fund created in the state treasury by W. Va. Code
				§
									11-13-2f(e)2.
3.6. "Grantee" means an Eligible County which
				receives an executed Grant Agreement.
3.7. "Infrastructure Council" means the West
				Virginia Infrastructure and Jobs Development Council created pursuant to
				section 3 of W. Va. Code §
									31-15A-1
				et seq.
3.8. "Infrastructure
				Project" means a project in the State which the Director determines is likely
				to foster infrastructure improvements including but not limited to any water or
				wastewater facilities or any part thereof, storm water systems, steam, gas,
				[telephone and telecommunications], and [electric lines and installations],
				roads, bridges, [railroad spurs], drainage and flood control facilities,
				industrial park development, and buildings that promote job creation and
				retention.
3.9. "Plan" means the
				annual plan submitted by each Eligible County to the Director outlining the
				proposed use of the Eligible County's Provision Share and describing the
				proposed Projects.
3.10. "Plan
				Submission Date" means February 20th of each year provided the "initial plan
				submission date" means March 20, 2002 for counties that are certified eligible
				by the State Tax Commissioner in fiscal year 2002 and February 20 for counties
				certified eligible in a subsequent fiscal year.
3.11. "Project" means either an Economic
				Development Project or an Infrastructure Project.
3.12. "Provisional Share" means the portion
				of the synthetic fuel producing counties grant fund that is available for
				possible distribution to each Eligible County.
3.13. "State Development Office" means the
				West Virginia Development Office established under W. Va. Code §5B-2 et
				seq., or any successor to all or any substantial part of its powers and
				duties.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-10 - Synthethic Fuel Producing Counties Grant Fund Program › Section 145-10-4 - Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Plan Filing.
4.1.1. Each Eligible County shall submit its
				annual plan and all required project applications to the WV Development Office
				by the Plan Submission Date. The annual plan must include a plan summary,
				economic development application, and infrastructure application.
4.1.2. If the annual plan, or any component
				of the annual plan as listed in 4.1.1., cannot be submitted by the Plan
				Submission Date, the county must make a written request for a time extension
				not to exceed 60 days.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-10 - Synthethic Fuel Producing Counties Grant Fund Program › Section 145-10-5 - Fund Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Administration of program.
5.1.1. Grants are
				administered according to the State fiscal year, July 1 to June 30.
5.1.2. Grant Agreements will be reviewed each
				fiscal year.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-11 - Brownfield Economic Development Districts › Section 145-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the establishment of brownfield economic development
				districts and establishes the procedures, standards, legal documents, fees and
				notice applicable to an applicant for the establishment of a brownfield
				economic development district.
1.2.
				Authority. -- W. Va. Code §
									5B-2-6a.
1.3. Filing Date. -- March 16,
				2012.
1.4. Effective Date. -- March
				16, 2012.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-11 - Brownfield Economic Development Districts › Section 145-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of this rule:
2.1. "Applicant" means a person who is
				applying or has applied to the Director of the Development Office for
				establishment of a brownfield economic district.
2.2. "Application" means an application for
				establishment of a brownfield economic development district that is filed with
				the Director of the Development Office pursuant to W. Va. Code §
									5B-2-6a
				and this rule, which provides all of the information and documentation required
				by this rule.
2.3. "Application
				fee" or "fee" means the fee provided for in section four of this
				rule.
2.4. "Brownfield" means a
				brownfield as defined in W. Va. Code §
									22-22-2.
2.5. "Brownfield economic development
				district" means a district established by the Director of the Development
				Office pursuant to W. Va. Code §
									5B-2-6a
				and in accordance with this rule. Beginning July 1, 2011, an application for a
				brownfield economic development district may not be approved unless the
				district conforms to a county's or municipality's planning and zoning laws
				established pursuant to the provisions of W. Va. Code §§8A-7; 8A-8;
				8A-9.
2.5.a. A brownfield economic district
				may not contain single-family housing.
2.5.b. Brownfield economic development
				districts shall provide all the infrastructure within the district without cost
				to the state, county, public service district or local municipal
				government.