reglab/statecodes huggingface dataset:
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 145-11-3 - Content of application

Current through Register Vol. XLI, No. 28, July 12, 2024
An application for establishment of a Brownfield Economic
				  Development District shall, at a minimum, include the following:
3.1. The applicant's name.
3.2. The applicant's current
				address.
3.3. The applicant's
				telephone number, facsimile number and e-mail address.
3.4. The applicant's financial
				capabilities.
3.5. The name of the
				proposed Brownfield Economic Development District.
3.6. A general description of the site to be
				designated a Brownfield Economic Development District, which shall include, at
				a minimum, the following:
3.6.a. A written
				description of the site that includes any city, county, and street addresses,
				and adjacent landmarks, buildings, waterways, former uses or other identifying
				information.
3.6.b. The deed book
				number and deed number of the site.
3.6.c. The County tax map
				references.
3.6.d. Geographic
				information system data to accurately delineate the voluntary remediation site.
3.6.d.1. All geographic information system
				location data must have a horizontal accuracy within 12.2 meters (40 feet) in
				accordance with the U.S. Department of Interior U.S. Geological Survey National
				Map Accuracy Standards.
3.6.e. Any other identifying information that
				will serve to clearly and concisely identify the real estate to be included in
				the Brownfield Economic Development District.
3.6.f. A Brownfield Economic Development
				District may not include any non-contiguous location or property not owned or
				controlled by the applicant at the time the application is filed.
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 145-11-4 - Application fee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All costs
				for the application process shall be borne by the applicant in the amount of
				$2,500 and shall be paid at the time the application is submitted to the
				Development Office.
4.2. If the
				application is withdrawn by the applicant before the Development Office begins
				its review of the application, the application fee shall be refunded to the
				applicant. If the application is withdrawn after the Development Office has
				begun review of the application, no portion of the application fee shall be
				refunded to the applicant.
4.3. If
				during review of the application the Development Office requests additional
				information from the applicant that is not provided by the applicant within
				sixty days of being notified by facsimile transmission or certified mail of the
				additional information needed and thereafter the information requested is
				provided, the applicant shall pay a fee of $2,500 at the time the additional
				information is provided and the amended application shall be treated as a new
				application for purposes of this rule.
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 145-11-5 - Time-line for processing application

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Development Office shall mark on the
				application the date it is received by the Development Office.
5.2. The Development Office shall have ninety
				days after it physically receives a complete application to establish a
				Brownfield Economic Development District in which to grant the application,
				deny the application, or request additional information from the applicant. A
				complete application is one which provides all of the information required by
				section three of this rule.
5.3. If
				the application is granted or denied, the Director of the Development Office
				shall promptly notify the applicant in writing of the decision, which shall be
				served on the applicant by certified mail, or by facsimile transmission and
				first class regular mail.
5.4. If
				the Director requests additional information from the applicant, the request
				shall be made in writing and served on the applicant by certified mail, or by
				facsimile transmission and first class regular mail.
5.5. The applicant shall have sixty days from
				date of receipt of the request for additional information in which to provide
				the additional information.
5.6.
				When the additional information is provided within the applicable sixty-day
				period, the Director shall have thirty days after physical receipt of the
				additional information to act on the application or the balance of the original
				ninety-day period to act on the application, whichever is longer.
5.7. When the additional information is
				provided subsequent to the applicable sixty-day period, the additional
				information and the original application shall be treated as a new application,
				requiring payment of a new application fee, and the Director shall have ninety
				days from date of receipt of the new application fee in which to act on the
				application by granting or denying the application or requesting additional
				information.
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 145-11-6 - Timely filing and paying; performance when last day to act is Saturday, Sunday or holiday in this State

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
Delivery in person
. -- If any document required by this rule
				to be filed with the Director of the Development Office, or any payment
				required to be made, within a prescribed period or on or before a prescribed
				date, is delivered in person on or before such date to the Development Office
				at Charleston, West Virginia, during normal business hours of the Development
				Office, it shall be timely filed.
6.2.
Timely mailing
. -- If
				any document required by this rule to be filed with the Director of the
				Development Office, or any payment required to be made within a prescribed
				period or on or before a prescribed date under authority of this rule, is,
				after such period or such date, delivered by United States mail to the Director
				of the Development Office, the date of the United States Postal Service
				postmark stamped on the cover in which such document or payment is mailed is
				the date of delivery or the date of payment, as the case may be, provided the
				following mailing requirements are met:
6.2.a. The postmark date falls within the
				prescribed period or on or before the prescribed date for filing of the
				document or for making payment, and
6.2.b. The document or payment was, within
				the time prescribed in subdivision 6.2.a, deposited in the mail in the United
				States in an envelope or other appropriate wrapper, postage prepaid, properly
				addressed to Director of the Development Office or the Development
				Office.
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 145-11-7 - Public notices

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Within fourteen days after receipt of any application for establishment of a
				Brownfield Economic Development District, the Director of the Development
				Office shall file a notice in the State Register:
TO WHOM IT MAY CONCERN
Notice is hereby given that
				  _______________________________________ filed an application with the Director
				  of the West Virginia Development on ______________, 2012, for establishment of
				  the _____________________________________ Brownfield Economic Development
				  District. The proposed district consists of __________________________
				  contiguous acres located at ________________________. Included in the
				  application is a plan for economic development of the district, which is
				  generally described as follows:
[Insert brief description of the economic development
				  project, including phases of the project, if any, and the project's estimated
				  cost.]
Interested persons may inspect the application during normal
				  business hours of the West Virginia Development Office in Charleston, West
				  Virginia, to the extent inspection is permitted under the State Freedom of
				  Information Act, W. Va. Code §
									29B-1-1
et
				  seq
.
7.2. Within fourteen
				days after the Director established a Brownfield Economic Development District
				or rejects the application for establishment of the district, a copy of the
				Director's letter or order shall be filed in the State Register.
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 145-11-8 - Criterion for considering application

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director of the Development Office shall use the
				  following criterion when determining whether to grant or deny an application
				  for establishment of a Brownfield Economic Development District:
8.1. Criterion for determining whether
				establishing a Brownfield Economic Development District will create significant
				economic development, as defined in section two of this rule, in the district
				include, but are not limited to:
8.1.a. The
				cost of the economic development project, exclusive of land cost will be
				greater than ten million dollars.
8.1.b. The estimated number and quality of
				jobs to be created within the district, including, but not limited to,
				construction jobs and permanent employment jobs.
8.1.c. The estimated annual payroll of the
				jobs to be created in the district.
8.1.d. The extent to which the jobs in the
				district are new jobs as contrasted with the relocation of existing jobs from
				within this State.
8.1.e. The
				extent to which the economic development project will support, enhance, and
				diversify existing business located in the county or region in which the
				district is located.
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 145-11-10 - Vested property right; termination

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When a Brownfield Economic Development
				District is established as provided in W. Va. Code §
									5B-2-6a
				and this rule, the applicant for the district and any successor to the
				applicant shall have a vested property right to undertake and complete the
				approved elements of the economic development project plan.
10.2. Failure to abide by the terms and
				conditions of this rule or material failure to complete the economic
				development project concept plan shall result in revocation of the Brownfield
				Economic Development District as provided in section 9 of this rule and in
				forfeiture of the right established in this section.
10.3. The vesting period within which the
				approved elements of the economic development project plan must be completed is
				three years from the date the Brownfield Economic Development District is
				established by the Director of the Development Office. This three-year period
				shall automatically be extended for thirty-six months each time the
				certification required by subsection 9.2 is filed with the Director of the
				Development Office and shall become permanent once eighty percent (80%) or more
				of the buildings in the economic development project plan, based on square
				footage of space, have been completed, unless the district is sooner
				terminated, as provided in this rule.
10.4. Revocation of the Brownfield Economic
				Development District as provided in this rule or expiration of the five year
				vesting period prior to completion of the economic development concept plan
				shall not affect the portion of the economic development concept plan completed
				before the district is revoked or the five-year vesting period expires. Neither
				of these events shall affect any construction work in progress begun before the
				district is revoked or the five-year vesting period expires except that this
				grandfather rule shall not apply to any construction work in progress that is
				not consistent with the economic development concept plan filed with the
				application for creation of the Brownfield Economic Development District or any
				change thereto that has been approved in writing by the Director of the
				Development Office.
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 145-11-11 - Orders of the Director are final

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The order of the Director of the
				Development Office establishing a Brownfield Economic Development District is
				final when issued by the Director except as otherwise provided in this rule for
				termination of the district due the action or failure to act of the applicant
				or any successor to the applicant.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-12 - Municipal Economic Opportunity Development Districts › Section 145-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule governs the establishment of economic opportunity development
				districts and establishes the procedures, standards, legal documents, fees and
				notice applicable to an applicant for the establishment of an economic
				opportunity development district.
1.2. Authority. -- W. Va. Code §
									8-38-7(g).
1.3. Filing Date. -- July 5, 2011.
1.4. Effective Date. -- August 5,
				2011.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-12 - Municipal Economic Opportunity Development Districts › Section 145-12-4 - Timeline for Processing Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Development Office shall mark on the
				application the date it is received from the municipality.
4.2. The Development Office shall have thirty
				days from the date of receipt of a complete application or the date of any
				additional information requested by the Development Office, whichever is later.
				A complete application is an application that includes all the information
				required by section three of this rule.
4.3. The Development Office shall review all
				applications for conformance to statutory and regulatory requirements, the
				reasonableness of the proposed district project's budget and timetable for
				completion and the criteria stated in section 6 of this rule.
4.4. If the application is granted or denied,
				the Director of the Development Office shall promptly notify the applicant in
				writing of the decision, which shall be served on the applicant by certified
				mail, or by facsimile transmission and first class regular mail.
4.5. If the Director requests additional
				information from the applicant, the request shall be made in writing and served
				on the applicant by certified mail, or by facsimile transmission and first
				class regular mail.
4.6. The
				applicant shall have thirty days from the date of receipt of the request for
				additional information in which to provide the additional information. Failure
				to provide the requested additional information within the thirty day time
				period is cause for denial of the application.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-12 - Municipal Economic Opportunity Development Districts › Section 145-12-5 - Timely filing; performance when last day to act is Saturday, Sunday or holiday of the State

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If any
				document required by this rule to be filed with the Director within a
				prescribed period or on or before a prescribed date, is delivered in person on
				or before such date to the Development Office in Charleston, West Virginia,
				during normal business hours of the Development Office, it shall be timely
				filed.
5.2. If any document
				required by this rule to be filed with the Director within a prescribed period
				or on or before a prescribed date, is after such period or such date, delivered
				by United States mail to the Director, the date of the United States Postal
				Service postmark stamped on the cover in which such document is mailed is the
				date of delivery, provided the following mailing requirements are met:
5.2.a. The postmark date falls within the
				prescribed period or on or before the prescribed date for filing of the
				document.
5.2.b. The document was
				within the time prescribed in subdivision 5.2.a., deposited in the mail in the
				United States in an envelope or other appropriate wrapper, postage prepaid,
				properly addressed to the Director or the Development Office.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-12 - Municipal Economic Opportunity Development Districts › Section 145-12-6 - Criteria for considering applications

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director of the Development Office shall use the
				  following criteria when determining whether to grant or deny an application for
				  establishment of an economic opportunity development district:
6.1. The quality of the proposed project and
				how it addresses economic problems in the area in which the project will be
				located.
6.2. The merits of the
				project determined by a cost-benefit analysis that incorporates all costs and
				benefits, both public and private.
6.3. Whether the project is supported by
				significant private sector investment and substantial credible evidence that,
				but for the existence of sales tax increment financing, the project would not
				be feasible.
6.4. Whether the
				economic opportunity development district excise dollars will leverage or be
				the catalyst for the effective use of private, other local government, state or
				federal funding that is available.
6.5. Whether there is substantial and
				credible evidence that the project is likely to be started and completed in a
				timely fashion.
6.6. Whether the
				project will, directly or indirectly, improve the opportunities in the area
				where the project will be located for the successful establishment or expansion
				of other industrial or commercial businesses.
6.7. Whether the project will, directly or
				indirectly, assist in the creation of additional long-term employment
				opportunities in the area and the quality of jobs created in all phases of the
				project, to include, but not limited to, wages and benefits.
6.8. Whether the project will fulfill a
				pressing need for the area, or part of the area, in which the economic
				opportunity district is located; provided that the Development Office should
				consider whether the economic development project is large enough to require
				that it contain a mixed used development provision consisting of a housing
				component with at least ten percent of housing units in the district allocated
				for affordable housing.
6.9.
				Whether the municipality has a strategy for economic development in the
				municipality and whether the project is consistent with that strategy.
6.10. Whether the project helps to
				diversify the local economy.
6.11.
				Whether the project is consistent with the goals of W. Va. Code §
									8-38-1
et
				seq
.
6.12. Whether the
				project is economically and fiscally sound using recognized business standards
				of finance and accounting.
6.13.
				The ability of the municipality and the project developer or project team to
				carry out the projected subject to W. Va. Code §
									8-38-7(b)(13)(A)
				and (B).
6.14. Any other criteria that the Development
				Office establishes.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-12 - Municipal Economic Opportunity Development Districts › Section 145-12-7 - Certification of Project

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If
				the Director approves an application, the Director shall issue the applicant a
				written certificate evidencing the Director's approval.
7.2. The certificate shall expressly state
				the following:
7.2.a. The name of the
				municipality.
7.2.b. The name of
				the proposed economic opportunity development district.
7.2.c. The date the certificate was
				issued.
7.2.d. The base tax revenue
				amount.
7.2.e. The gross annual
				district tax revenue amount.
7.2.f.
				The estimated net annual district tax revenue, which is calculated in
				accordance with W. Va. Code §
										8-38-7(e).
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-12 - Municipal Economic Opportunity Development Districts › Section 145-12-8 - Re-certification Enlarging Geographical Boundaries

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the Director approves an application
				to expand the geographical boundaries of a previously certified district, the
				Director shall issue to the applicant a written certificate evidencing approval
				of the expansion.
8.2. The
				certificate shall expressly state all items identified in subsection 7.2 of
				this rule.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-14 - County Economic Opportunity Development Districts › Section 145-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule governs the establishment of economic opportunity development
				districts and establishes the procedures, standards, legal documents, fees and
				notice applicable to an applicant for the establishment of an economic
				opportunity development district.
1.2. Authority. -- W. Va. Code §
									7-22-7.
1.3. Filing Date. -- September 3,
				2013.
1.4. Effective Date. --
				November 4, 2013.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-14 - County Economic Opportunity Development Districts › Section 145-14-4 - Timeline for Processing Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Development Office shall mark on the
				application the date it is received from the county.
4.2. The Development Office shall have thirty
				days from the date of receipt of a complete application or the date of any
				additional information requested by the Development Office, whichever is later.
				A complete application is an application that includes all the information
				required by section three of this rule.
4.3. The Development Office shall review all
				applications for conformance to statutory and regulatory requirements, the
				reasonableness of the proposed district project's budget and timetable for
				completion and the criteria stated in section 6 of this rule.
4.4. If the application is granted or denied,
				the Director of the Development Office shall promptly notify the applicant in
				writing of the decision, which shall be served on the applicant by certified
				mail, or by facsimile transmission and first class regular mail.
4.5. If the Director requests additional
				information from the applicant, the request shall be made in writing and served
				on the applicant by certified mail, or by facsimile transmission and first
				class regular mail.
4.6. The
				applicant shall have thirty days from the date of receipt of the request for
				additional information in which to provide the additional information. Failure
				to provide the requested additional information within the thirty day time
				period is cause for denial of the application.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-14 - County Economic Opportunity Development Districts › Section 145-14-5 - Timely filing; performance when last day to act is Saturday, Sunday or holiday of the State

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If any
				document required by this rule to be filed with the Director within a
				prescribed period or on or before a prescribed date, is delivered in person on
				or before such date to the Development Office in Charleston, West Virginia,
				during normal business hours of the Development Office, it shall be timely
				filed.
5.2. If any document
				required by this rule to be filed with the Director within a prescribed period
				or on or before a prescribed date, is after such period or such date, delivered
				by United States mail to the Director, the date of the United States Postal
				Service postmark stamped on the cover in which such document is mailed is the
				date of delivery, provided the following mailing requirements are met:
5.2.a. The postmark date falls within the
				prescribed period or on or before the prescribed date for filing of the
				document.
5.2.b. The document was
				within the time prescribed in subdivision 5.2.a., deposited in the mail in the
				United States in an envelope or other appropriate wrapper, postage prepaid,
				properly addressed to the Director or the Development Office.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-14 - County Economic Opportunity Development Districts › Section 145-14-6 - Criteria for considering applications

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director of the Development Office shall use the
				  following criteria when determining whether to grant or deny an application for
				  establishment of an economic opportunity development district:
6.1. The quality of the proposed project and
				how it addresses economic problems in the area in which the project will be
				located.
6.2. The merits of the
				project determined by a cost-benefit analysis that incorporates all costs and
				benefits, both public and private.
6.3. Whether the project is supported by
				significant private sector investment and substantial credible evidence that,
				but for the existence of sales tax increment financing, the project would not
				be feasible.
6.4. Whether the
				economic opportunity development district excise dollars will leverage or be
				the catalyst for the effective use of private, other local government, state or
				federal funding that is available.
6.5. Whether there is substantial and
				credible evidence that the project is likely to be started and completed in a
				timely fashion.
6.6. Whether the
				project will, directly or indirectly, improve the opportunities in the area
				where the project will be located for the successful establishment or expansion
				of other industrial or commercial businesses.
6.7. Whether the project will, directly or
				indirectly, assist in the creation of additional long-term employment
				opportunities in the area and the quality of jobs created in all phases of the
				project, to include, but not limited to, wages and benefits.
6.8. Whether the project will fulfill a
				pressing need for the area, or part of the area, in which the economic
				opportunity district is located; provided that the Development Office should
				consider whether the economic development project is large enough to require
				that it contain a mixed used development provision consisting of a housing
				component with at least ten percent of the housing units in the district
				allocated for affordable housing.
6.9. Whether the county has a strategy for
				economic development in the county and whether the project is consistent with
				that strategy.
6.10. Whether the
				project helps to diversify the local economy.
6.11. Whether the project is consistent with
				the goals of W. Va. Code § 7-22-1
et seq.
6.12. Whether the project is economically and
				fiscally sound using recognized business standards of finance and accounting.
6.12.a. Whether the project will provide in
				the relevant time periods of twenty-four or forty-eight months, the minimum
				capital investment required by W. Va. Code
				7-22-7(a)(13).
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-14 - County Economic Opportunity Development Districts › Section 145-14-7 - Certification of Project

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If
				the Director approves an application, the Director shall issue the applicant a
				written certificate evidencing the Director's approval.
7.2. The certificate shall expressly state
				the following:
7.2.a. The name of the
				county.
7.2.b. The name of the
				proposed economic opportunity development district.
7.2.c. The date the certificate was
				issued.
7.2.d. The base tax revenue
				amount.
7.2.e. The gross annual
				district tax revenue amount.
7.2.f.
				The estimated net annual district tax revenue, which is calculated in
				accordance with W. Va. Code §
										7-22-7(e).
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-14 - County Economic Opportunity Development Districts › Section 145-14-8 - Re-certification Enlarging Geographical Boundaries

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the Director approves an application
				to expand the geographical boundaries of a previously certified district, the
				Director shall issue to the applicant a written certificate evidencing approval
				of the expansion.
8.2. The
				certificate shall expressly state all items identified in subsection 7.2 of
				this rule.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-15 - Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › Section 145-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the procedures and guidelines for determining the
				eligibility of a West Virginia business to participate in the West Virginia
				Small Business Innovation Research and Small Business Technology Transfer
				Matching Funds Program pursuant to W.Va. Code §
									5B-8-1
et
				seq
.
1.2. Authority. -- W.
				Va. Code §
									5B-8-2.
1.3. Filing Date. -- May 16, 2023.
1.4. Effective Date. -- May 16,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2028.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-15 - Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › Section 145-15-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West
				Virginia Small Business Innovation Research and Small Business Technology
				Transfer Matching Funds Program is established. It shall be administered by the
				Department of Economic Development. The purpose of this matching funds program
				is to foster job creation and economic development in the state. The Department
				of Economic Development may provide grants to eligible small businesses to
				prepare a competitive Phase I proposal, or match funds they receive from Small
				Business Innovation Research or Small Business Technology Transfer Phase I and
				Phase II awards. The Department of Economic Development will pay the grants
				from the fund known as the "Entrepreneurship and Innovation Investment Fund"
				created pursuant to W.Va. Code §
									5B-2-16.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-15 - Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › Section 145-15-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Department"
				means the West Virginia Department of Economic Development.
3.2. "SBIR" means the Small Business
				Innovation Research Program enacted under the Small Business Innovation
				Development Act of 1982, Pub. L. 97-219,
				15 U.S.C. §
										638.
3.3. "STTR" means the Small Business
				Technology Transfer Program enacted under the Small Business Technology
				Transfer Act of 1992, Pub.
				L. 102-564,
				15 U.S.C. §
										638.
3.4. "Small business" means a corporation,
				partnership, limited liability company, statutory or common law business trust,
				sole proprietorship, or individual, operating a business for profit, which
				qualifies as a small business and otherwise meets the requirements of the SBIR
				or STTR programs.
3.5. "West
				Virginia-based business" means a business that has its principal place of
				business in this state.
3.6. "West
				Virginia SBIR/STTR matching funds program" means the program funded by the
				State of West Virginia, Department of Economic Development which matches
				federal SBIR/STTR awards.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-15 - Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › Section 145-15-4 - Creating a Matching Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The West Virginia SBIR/STTR matching
				funds program shall be administered by the Department.
4.2. In order to foster job creation and
				economic development in the state, the Department may provide grants to
				eligible small businesses to prepare a competitive Phase I proposal, or to
				match funds they receive from Small Business Innovation Research or Small
				Business Technology Transfer Phase I and Phase II awards.
4.3. The Department will pay the grants from
				the fund known as the "Entrepreneurship and Innovation Investment Fund" created
				pursuant to §
									5B-2-16 of this code.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-15 - Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › Section 145-15-5 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In order to be
				eligible for a grant under this article, a small business must satisfy all of
				the following conditions:
5.1.1. The small
				business must be a for-profit, West Virginia-based business;
5.1.2. For the Phase I and/or Phase II
				Matching program the small business must have received a SBIR/STTR Phase I or
				SBIR/STTR Phase II award from a participating federal agency in response to a
				specific federal solicitation.
5.1.2.a. To
				receive the full match for the Phase I award, the small business must also have
				submitted a final Phase I report, demonstrated that the sponsoring agency has
				an interest in a Phase II proposal, and submitted a Phase II proposal to the
				agency;
5.1.2.b. To receive the
				Phase II match, the small business must have submitted the final progress
				report to the funding agency;
5.1.3. The small business must satisfy all
				federal SBIR/STTR requirements;
5.1.4. The small business shall not receive
				concurrent funding support from other sources that duplicates the purpose of
				this article;
5.1.5. The small
				business must certify that at least 51 percent of the research described or to
				be described in the federal SBIR/STTR Phase II proposal will be conducted in
				this state and that the small business will remain a West Virginia-based
				business for the duration of the SBIR/STTR Phase II project; and
5.1.6. The small business must demonstrate
				its ability to conduct research in its SBIR/STTR Phase II proposal.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-15 - Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › Section 145-15-6 - Application Process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Department shall accept applications from West Virginia-based businesses for
				potential participation in the West Virginia SBIR/STTR matching funds program
				during the periods of January 1 - 31 and July 1 - 31 each year.
6.2. A small business shall apply, under
				oath, to the Department on forms prescribed by the Department that include at
				least the following:
6.2.1. The name of the
				small business, the form of business organization under which it is operated,
				and the names and addresses of the principals and management of the small
				business;
6.2.2. For matching
				awards, notice of award from the funding agency of the SBIR/STTR Phase I or
				Phase II award;
6.2.3. For matching
				awards, study section evaluation and comments; and
6.2.4. Any other information necessary for
				the Department to evaluate the application.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-15 - Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program › Section 145-15-7 - Grant terms

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Department may award a "WV Phase Zero Grant" of $2500 upon submission of a
				Phase I SBIR/STTR proposal or Fast track SBIR/STTR proposal.
7.1.1. The WV Phase Zero grant shall be
				remitted to the small business upon notification from the granting agency of
				the receipt of a submission for an SBIR/STTR Phase I or SBIR/STTR fast track
				application. The small business must provide satisfactory evidence to the
				Department of the notification of receipt.
7.1.2. A small business may receive only one
				WV Phase Zero Grant per year.
7.1.3. A small business may receive only one
				WV Phase Zero Grant with respect to each federal proposal submission;
				resubmissions of unsuccessful applications are not eligible.
7.1.4. Over its lifetime, a small business
				may receive a maximum of five WV Phase Zero awards.
7.1.5. A grant recipient may assign an award
				only upon the prior written consent of the Department.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the establishment of Tourism Development Districts and
				establishes the procedures, standards, legal documents, fees and notice
				applicable to an applicant for the establishment of a Tourism Development
				District.
1.2. Authority. - W. Va.
				Code §
									5B-1-9.
1.3. Filing Date. - March 17, 2021.
1.4. Effective Date. - March 17,
				2021.
1.5. Sunset Provision. This
				rule shall terminate and have no further force or effect on March 17,
				2026.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Tourism
				Development Districts shall be authorized and administered by the Department of
				Commerce. The purpose of a Tourism Development District is to induce and assist
				tourism development located entirely or partially in municipalities with two
				thousand (2,000) residents or less in West Virginia and to promote uniform and
				consistent application of the Act.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of this rule:
3.1. "Act" means the West Virginia Tourism
				Development District Act set forth in W. Va. Code §
									5B-1-9.
3.2. "Applicant" means an Approved Company
				that is applying or has applied to the Development Office for establishment of
				a Tourism Development District and which has entered into a TDA Agreement with
				the Development Office pursuant to W. Va. Code §
									5B-2E-6
				to design, acquire, construct, and equip a Tourism Development Project or a
				Tourism Development Expansion Project.
3.3. "Application" means an application for
				establishment of a Tourism Development District that is filed with the Director
				of the Development Office pursuant to W. Va. Code §
									5B-1-9
				and this rule, which provides all the information and documentation required by
				this rule.
3.4. "Application Fee"
				or "Fees" means the fee provided for in section five of this rule.
3.5. "Approved Company" means any eligible
				company approved by the Development Office pursuant to W. Va. §
									5B-2E-3
				seeking to design, acquire, construct, and equip a Tourism Development Project
				or a Tourism Development Expansion Project.
3.6. "Approved Costs" or "Project Costs"
				means:
3.6.1. Obligations incurred for labor
				and to vendors, contractors, subcontractors, builders, suppliers, delivery
				persons and material persons in connection with the acquisition, construction,
				equipping, or installation of a Project;
3.6.2. The costs of acquiring real property
				or interests in real property and any costs incidental thereto for a
				Project;
3.6.3. The costs of
				contract bonds and of insurance of all kinds that may be required or necessary
				during the course of the acquisition, construction, equipping, or installation
				of a Project which is not paid by the vendor, supplier, delivery person,
				contractor or otherwise provided;
3.6.4. All costs of architectural and
				engineering services, including, but not limited to estimates, plans and
				specifications, preliminary investigations and supervision of construction,
				installation, as well as for the performance of all the duties required by or
				consequent to the acquisition, construction, equipping, or installation of a
				Project;
3.6.5. All costs required
				to be paid under the terms of any contract for the acquisition, construction,
				equipping, or installation or installation of a Project;
3.6.6. All costs required for the
				acquisition, construction, equipping, or installation of Infrastructure on the
				real property on which the Project is located, or necessary to provide such
				services to the Project; and
3.6.7.
				All other costs comparable with those described in this
				subdivision.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-4 - Content of Application

Current through Register Vol. XLI, No. 28, July 12, 2024
An application for establishment of a Tourism Development
				  District shall include the following:
4.1. The Applicant's name.
4.2. The Applicant's current
				address.
4.3. The Applicant's
				contact person, including, telephone number, facsimile number, and e-mail
				address.
4.4. A copy of the TDA
				Agreement with the Development Office entered into pursuant to W. Va. Code
				§
									5B-2E-6.
4.5. The name of the proposed Tourism
				Development District.
4.6. A
				general description of the Site proposed to be designated a Tourism Development
				District, which shall include, at a minimum, the following:
4.6.1. A written description of the Site that
				includes any city, county, and street addresses, but does not require a metes
				and bounds legal description;
4.6.2. The deed book and page number for each
				parcel of real property that is part of the Site; and
4.6.3. The tax map and parcel number for each
				parcel of real property that is part of the Site.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-5 - Application fee

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All costs
				for the application process shall be borne by the Applicant and such cost shall
				be negotiated between the Development Office and the Applicant but shall be not
				less than ten thousand dollars ($10,000) or more than one hundred thousand
				dollars ($100,000). The amount of such fee shall include costs of any outside
				vendor which the Development Office shall determine necessary to assist the
				Development Office in the review of the Application and the implementation of
				the rules, regulations, standards, processes, or procedures which the
				Development Office approves pursuant to this rule for design, acquisition,
				construction, installation and equipping, and subsequent operation, of the
				Project.
5.2. If the application is
				withdrawn by the Applicant before the Development Office begins its review of
				the application, the application fee shall be refunded to the Applicant. If the
				application is withdrawn after the Development Office has begun review of the
				application, no portion of the application fee shall be refunded to the
				Applicant.