HB595: Business Assistance, Department of; transfer duties to Economic Development Partnership Authority.
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-204, 2.2-205.1, 2.2-2238.1, 2.2-2282, 2.2-2284, 2.2-2413, 2.2-2414, 2.2-2667, 3.2-201, 10.1-1425.7, 11-7.1, 15.2-4904, 23-135.7:7, 33.1-221, 36-139.6, 46.2-749.69:1, 58.1-439.6, 59.1-284.22, 63.2-601, and 63.2-610 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 4 of Chapter 22 of Title 2.2 sections numbered 2.2-2246.1 through 2.2-2246.4 as follows:
§ 2.2-204. Position established; agencies for which responsible; additional duties.
The position of Secretary of Commerce and Trade (the
Secretary) is created. The Secretary shall be responsible to the Governor for
the following agencies: Department of Business
Assistance, Virginia Economic Development
Partnership Authority, Virginia Tourism Authority, Department of Labor and
Industry, Department of Mines, Minerals and Energy, Virginia Employment
Commission, Department of Professional and Occupational Regulation, Department
of Housing and Community Development, Department of Minority Business
Enterprise, Virginia Housing Development Authority, Virginia Resources
Authority, Virginia Racing Commission, Tobacco Indemnification and Community
Revitalization Commission, and Board of Accountancy. The Governor, by executive
order, may assign any state executive agency to the Secretary, or reassign any
agency listed in this section to another Secretary.
The Secretary shall implement the provisions of the Virginia Biotechnology Research Act (§ 2.2-5500 et seq.).
§ 2.2-205.1. Economic Crisis Strike Force.
A. There is hereby established the Economic Crisis Strike Force (Strike Force) for the purpose of serving as a working group to respond as needed to economic disasters in Virginia communities by (i) immediately providing a single point of contact for citizens in affected communities to assist with accessing available government and private sector services and resources, (ii) assisting localities in developing short-term and long-term strategies for addressing the economic crisis, and (iii) identifying opportunities for workforce retraining, job creation, and new investment.
B. The Strike Force shall be chaired by the Secretary of
Commerce and Trade and be deployed at the direction of the Governor. Membership
shall include high level representatives designated by the Secretaries of
Education and Health and Human Resources and by the respective heads of the
following agencies: the Department of Agriculture and Consumer Services, the Department of
Business Assistance, the Department of Education, the
Department of Housing and Community Development, the Department of Labor and
Industry, the Department of Medical Assistance Services, the Department of
Minority Business Enterprise, the Department of Social Services, the Virginia
Community College System, the Virginia Employment Commission, the Virginia
Economic Development Partnership Authority,
and the Virginia Tourism Authority. The Strike Force shall also include
representatives from such other agencies as may be designated by the Governor to
meet the needs of a particular affected community. In addition, the Governor
may designate such citizens as he deems appropriate to advise the Strike Force.
C. Staff support for the Strike Force shall be provided by the Office of the Governor and the Secretary of Commerce and Trade. All agencies of the Commonwealth shall assist the Strike Force upon request.
D. On or before December 1 of each year, the Strike Force shall report to the Governor and the General Assembly on its activities.
E. For the purposes of this section, "economic disaster" means an employment loss of at least 5% during the immediately preceding six-month period, the closure or downsizing of a major regional employer in an economically distressed area, a natural disaster or act of terrorism for which the Governor has declared a state of emergency, or other economic crisis situations, which in the opinion of the Governor adversely affect the welfare of the citizens of the Commonwealth.
§ 2.2-2238.1. Special economic development services in rural communities; strategic plan.
A. In order to assist the rural communities of the Commonwealth, the Authority shall develop a program for reviewing existing economic development programs of rural communities, upon request. The program shall include (i) a review and evaluation of existing industrial sites and infrastructure, including existing streets, water and sewer systems, electricity, natural gas and communications facilities that will provide high-speed or broadband Internet access to rural and underserved areas of the Commonwealth; (ii) an assessment of the existing workforce and the provision of information on state and federal programs such as tax incentives that may be available to local or prospective employers to assist in hiring and training in areas of high unemployment; (iii) assistance in identifying community resources and the type of industries that may benefit from locating in a community with such resources; and (iv) marketing assistance to help rural communities improve their visibility to expanding industries looking for new facilities.
B. The Authority, the Center for Rural Virginia, the Virginia
Department of Housing and Community Development, the Virginia Resources
Authority, the Virginia Department of Business Assistance, the
Virginia Tobacco Indemnification and Community Revitalization Commission, the
Virginia Employment Commission, the Virginia Tourism Corporation, the Virginia
Community College System, institutions of higher education within rural regions
of the Commonwealth, and the Department of Agriculture and Consumer Services
shall jointly develop and implement a rural economic development strategic plan
that at a minimum addresses: (i) education, including pre-kindergarten,
primary, secondary and post-graduate resources, and comprehensive workforce
development programs, as they may pertain to the Workforce Investment Act; (ii)
infrastructure, including capital for water and sewer upgrading, waste
management, law enforcement, housing, primary and secondary roads, and telecommunications;
(iii) traditional industrial development and industry retention programs,
including assistance in financing and in workforce training; (iv) recreational
and cultural enhancement and related quality of life measures, including parks,
civic centers, and theaters; (v) agribusiness incentives to promote the use of
new technologies, and the exploration of new market opportunities; and (vi) a
revolving loan fund or loan guarantee program to help start or expand
entrepreneurial activities, especially small business activities in rural
communities.
§ 2.2-2246.1. Additional duties of the Authority; state agencies to furnish information.
A. The Authority shall serve as the liaison between the Commonwealth's existing business community and state government in order to promote the development of Virginia's economy. To that end, the Authority shall:
1. Provide for training or retraining of individuals for specific employment opportunities at new or expanding business facilities in the Commonwealth;
2. Develop and implement programs to assist small businesses in the Commonwealth in order to promote their growth and the creation and retention of jobs for Virginians;
3. Establish an industry program that is the principal point of communication between basic employers in the Commonwealth and the state government that will address issues of significance to business;
4. Make available to existing businesses, in conjunction and cooperation with localities, chambers of commerce, and other public and private groups, basic information and pertinent factors of interest and concern to such businesses;
5. Develop statistical reports on job creation and the general economic conditions in the Commonwealth; and
6. Adopt regulations and issue guidelines necessary or incidental to the performance of the duties or execution of the powers conferred pursuant to this section and §§ 2.2-2246.2, 2.2-2246.3, and 2.2-2246.4, which regulations shall be adopted by the Authority in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.
B. All agencies of the Commonwealth shall assist the Authority upon request and furnish such information and assistance as the Authority may require in the discharge of its duties.
§ 2.2-2246.2. Nonstock corporation to assist small businesses.
The Authority may establish a nonstock corporation under Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 as an instrumentality to assist the Authority in providing support to the small business segment of the economy of the Commonwealth. The Authority may do all things necessary to qualify such corporation as a certified development company under Subchapter V of the Small Business Investment Act of 1958 (15 U.S.C. § 695 et seq.), or any amendment or successor statute thereto, as well as regulations adopted thereunder by the United States Small Business Administration. Any action by the Authority or the former Department of Business Assistance to establish such a corporation prior to July 1, 1986, is ratified and approved.
§ 2.2-2246.3. Workforce Retraining Program and Fund.
A. The Authority shall develop a program to provide consulting services and funding to assist companies and businesses with retraining their existing workforces to increase productivity.
B. There is hereby established in the state treasury a special nonreverting fund to be known as the Workforce Retraining Fund. The Fund shall consist of any moneys appropriated thereto by the General Assembly from time to time and designated for the Fund. Any moneys deposited to or remaining in the Fund during or at the end of each fiscal year or biennium, including interest thereon, shall not revert to the general fund but shall remain in the Fund and be available for allocation under this article in ensuing fiscal years.
C. To be eligible for moneys from the Fund, a company shall:
1. Demonstrate that it is undergoing integration of new technology into its production process, a change of product line in keeping with marketplace demands, or substantial change to its service delivery process that would require assimilation of new skills and technological capabilities by the firm's existing labor force;
2. Demonstrate that, for each such integration of new technology into its production process, change of product line in keeping with marketplace demands, or substantial change to its service delivery process:
a. No less than 10 and no more than 200 full-time employees are involved; and
b. A minimum capital investment of $500,000 is committed within a 12-month period;
3. Certify that:
a. The company has not received moneys from the Fund in the previous 24 months;
b. The company counted only full-time employees to qualify for the program; and
c. Such full-time employees carry a minimum pay rate of $8 per hour; and
4. Meet such additional criteria as may be promulgated by the Authority.
D. As used in this section:
"Capital investment" means an investment in real property, personal property, or both, at a manufacturing or basic nonmanufacturing facility within the Commonwealth that is capitalized by the company and that increases the productivity of the manufacturing facility, results in the utilization of a more advanced technology than is in use immediately prior to such investment, or both. In order to qualify as a capital investment, an investment in technology shall result in a measurable increase in capacity or productivity, a measurable decrease in the production of flawed product, or both.
"Full-time employee" means a natural person employed for indefinite duration, requiring a minimum of either (i) 35 hours of the employee's time per week for the entire normal year, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary employees shall not qualify as new full-time employees under this section.
E. Moneys in the Fund shall be used solely for grants to eligible businesses as provided in this section. The total amount of funds provided to eligible businesses under this section for any year shall not exceed the amount appropriated by the General Assembly to the Fund for such year. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director or his designee. The Fund shall be administered by the Executive Director.
§ 2.2-2246.4. One-stop small business permitting program.
A. As used in this section:
"Business Permitting Center" or "Center" means the business registration and permitting center established by this section and located in and under the administrative control of the Authority.
"Comprehensive application" means a document incorporating pertinent data from existing applications for permits covered under this section.
"Comprehensive permit" means the single document designed for public display issued by the Business Permitting Center that certifies state agency permit approval and that incorporates the endorsements for individual permits included in the comprehensive permitting program.
"Comprehensive permitting program" or "Program" means the mechanism by which comprehensive permits are issued and renewed, permit and regulatory information is disseminated, and account data are exchanged by state agencies.
"Permit" means the whole or part of any state agency permit, license, certificate, approval, registration, charter, or any form or permission required by law, to engage in activity associated with or involving the establishment of a small business in the Commonwealth.
"Permit information packet" means a collection of information about permitting requirements and application procedures custom-assembled for each request.
"Regulatory" means all permitting and other governmental or statutory requirements establishing a small business or professional activities associated with establishing a small business.
"Regulatory agency" means any state agency, board, commission, or division that regulates one or more professions, occupations, industries, businesses, or activities.
"Renewal application" means a document used to collect pertinent data for renewal of permits covered under this section.
"Small business" means an independently owned and operated business that, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.
B. There is created within the Authority the comprehensive permitting program (the Program). The Program is established to serve as a single access point to aid entrepreneurs in filling out the various permit applications associated with establishing a small business in Virginia. The Program in no way supersedes or supplants any regulatory authority granted to any state agency with permits covered by this section. As part of the Program, the Authority shall coordinate with the regulatory agency, and the regulatory agency shall determine, consistent with applicable law, what types of permits are appropriate for inclusion in the Program as well as the rules governing the submission of and payment for those permits. The website of the Authority shall provide access to information regarding the Program. The Authority shall have the power and duty to:
1. Create a comprehensive application that will allow an entrepreneur, or an agent thereof, seeking to establish a small business to create accounts that will allow him to acquire the appropriate permits required in the Commonwealth. The comprehensive application shall:
a. Allow the business owner to choose a business type and to provide common information, such as name, address, and telephone number, on the front page, eliminating the need to repeatedly provide common information on each permit application;
b. Allow the business owner to preview and answer questions related to the operation of the business;
c. Provide business owners with a customized to-do agency checklist, which checklist shall provide the permit applications pertinent to each business type and provide the rules, regulations, and general laws applicable to each business type as well as local licensing information;
d. Allow the business owner to submit permit applications by electronic means as authorized by § 59.1-496 and to affix thereto his electronic signature as defined in § 59.1-480;
e. Allow the business owner to check on the status of applications online and to receive information from the permitting agencies electronically; and
f. Allow a business owner to submit electronic payment for application or permitting fees for applications that have been accepted by the permitting agency.
2. Develop and administer a computerized system program capable of storing, retrieving, and exchanging permit information, while protecting the confidentiality of information submitted to the Authority to the extent allowable by law. Information submitted to the Authority shall be subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) as the same would apply were the information submitted directly to the Authority or to any permitting agency.
3. Issue and renew comprehensive permits in an efficient manner.
4. Identify the types of permits appropriate for inclusion in the Program. The Authority shall coordinate with the regulatory agency, and the regulatory agency shall determine, consistent with applicable law, what types of permits are appropriate for inclusion in the Program.
5. Incorporate permits into the Program.
6. Do all acts necessary or convenient to carry out the purposes of this article.
C. The Business Permitting Center shall compile information regarding the regulatory programs associated with each of the permits obtainable under the Program. This information shall include, at a minimum, a listing of the statutes and administrative rules requiring the permits and pertaining to the regulatory programs that are directly related to the permit. The Center shall provide information governed by this section to any person requesting it. Materials used by the Center to describe the services provided by the Center shall indicate that this information is available upon request.
D. Each state agency shall cooperate and provide reasonable assistance to the Authority in the implementation of this section.
E. Any person requiring permits that have been incorporated into the Program may submit a comprehensive application to the Authority requesting the issuance of the permits. The comprehensive application form shall contain in consolidated form information necessary for the issuance of the permits.
F. The applicant shall include with the application the handling fee established by the Authority. The amount of the handling fee assessed against the applicant shall be set by the Authority at a level necessary to cover the costs of administering the comprehensive permitting program.
G. The authority for approving the issuance and renewal of any requested permit that requires an investigation, inspection, testing, or other judgmental review by the regulatory agency otherwise legally authorized to issue the permit shall remain with that agency. The Center may issue those permits for which proper fee payment and a completed application form have been received and for which no approval action is required by the regulatory agency.
H. Upon receipt of the application and proper fee payment for any permit for which issuance is subject to regulatory agency action under subsection G, the Authority shall immediately notify the regulatory agency with authority to approve the permit issuance or renewal requested by the applicant. Each regulatory agency shall advise the Authority within a reasonable time after receiving the notice of one of the following:
1. That the regulatory agency approves the issuance of the requested permit and will advise the applicant of any specific conditions required for issuing the permit;
2. That the regulatory agency denies the issuance of the permit and gives the applicant reasons for the denial;
3. That the application is pending; or
4. That the application is incomplete and further information from or action by the applicant is necessary.
I. The Authority shall issue a comprehensive permit endorsed for all the approved permits to the applicant and advise the applicant of the status of other requested permits. The applicant shall be responsible for contesting any decision regarding conditions imposed or permits denied through the normal process established by statute or by the regulatory agency with the authority for approving the issuance of the permit.
J. Regulatory agencies shall be provided information from the comprehensive application for their permitting and regulatory functions.
K. The Authority shall be responsible for directing the applicant to make all payments for applicable fees established by the regulatory agency directly to the proper agency.
L. There is hereby created in the state treasury a special nonreverting fund to be known as the Comprehensive Permitting Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. The Fund shall consist of all moneys collected from the handling fee established by the Authority pursuant to subsection F and such other funds as may be appropriated by the General Assembly. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely to administer the Program. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Authority.
M. Unless otherwise directed by the regulatory agency, the Authority shall not issue or renew a comprehensive permit to any person under any of the following circumstances:
1. The person does not have a valid tax registration, if required.
2. The person is a corporation, limited liability company, business trust, limited partnership, or registered limited liability partnership that (i) is delinquent in the payment of fees or penalties collected by the State Corporation Commission pursuant to the business entity statutes it administers; (ii) does not exist; or (iii) is not authorized to transact business in the Commonwealth pursuant to one of the business entity statutes administered by the State Corporation Commission.
3. The person has not submitted the sum of all fees and deposits required for the requested individual permit endorsements, any outstanding comprehensive permit delinquency fee, or other fees and penalties to be collected through the comprehensive permitting program.
§ 2.2-2282. Board of directors; membership; terms, compensation and expenses; chairman, vice-chairman, secretary and treasurer; quorum; staff.
A. The Board shall consist of the State Treasurer or his
designee, the Director of the Department of Business
Assistance, the Executive
Director of the Virginia Economic Development Partnership Authority, and nine members who are not
employees of the Commonwealth or of any political subdivision thereof who shall
be appointed by the Governor and who shall have such small business experience
as he deems necessary or desirable. The appointment of members of the Board by
the Governor shall be subject to confirmation by the General Assembly. All
members of the Board shall be residents of the Commonwealth and shall have full
voting privileges. Appointments shall be for terms of four years, except that
appointments to fill vacancies shall be made for the unexpired terms. No member
appointed by the Governor shall serve more than two complete terms in
succession. The members of the Board shall receive no salaries but shall be
paid travel and other expenses incurred to attend meetings or while otherwise
engaged in the discharge of their duties, all as may be deemed appropriate by
the Board.
B. The Governor shall appoint one member as chairman. Five members
of the Board shall constitute a quorum for the transaction of all business of
the Authority. The Board shall elect one member from the group of nine members
appointed by the Governor as vice-chairman who shall exercise the powers of the
chairman in the absence of the chairman. The Board shall elect a secretary and
a treasurer, or a secretary-treasurer, who need not be members of the Board and
who shall continue to hold such office until their respective successors are
elected. The Department of Business
Assistance of the Commonwealth Virginia
Economic Development Partnership Authority shall
serve as staff to the Authority.
§ 2.2-2284. Executive Director; appointment; duties.
The Executive Director
of the Department of Business Assistance Virginia Economic Development Partnership Authority
shall appoint the Executive Director of the Authority. The
Executive Director shall administer, manage,
and direct the affairs and activities of the Authority in accordance with the
policies and under the control and the direction of the Board and the Executive Director of the Department of Business AssistanceVirginia Economic Development Partnership Authority.
Except as otherwise stated in this article, the Executive Director shall
approve all accounts for allowable expenses for the Authority or of any
employee or consultant or other person providing services to the Board, and for
expenses incidental to the operation of the Authority subject to approval of
the Executive Director of the Department of Business AssistanceVirginia Economic Development Partnership Authority.
The Executive Director shall maintain and be custodian of all books, documents
and papers of or filed with the Authority, including but not limited to the
minute book or journal of the Authority, and of its official seal. The
Executive Director may cause copies to be made of all minutes and other records
and documents of the Authority and may in the place and stead of the Secretary
of the Authority give certificates under seal of the Authority to the effect
that such copies are true copies, and all persons dealing with the Authority
may rely on such certificates. The Executive Director also shall perform such
other duties as prescribed by the Board in carrying out the purposes of this
article.
§ 2.2-2413. Small Business Advisory Board; membership; terms; quorum; compensation.
A. The Small Business Advisory Board (the "Board")
is established as an advisory board, within the meaning of § 2.2-2100, in the
executive branch of state government. The Board shall consist of the following
members: fourteen 14 members
appointed by the Governor and subject to confirmation by the General Assembly;
the Chairman of the Small Business Financing Authority,
and the Executive Director of the Department of Business Assistance Virginia Economic Development Partnership Authority
and the District Director for Virginia of the U.S. Small
Business Administration or their designees as nonvoting ex officio members. The
appointed members of the Board shall represent small businesses as defined by
the Small Business Financing Act (§ 2.2-2279 et seq.). There shall be at least
one member appointed from each congressional district who does business in that
district and three members appointed at large from within the Commonwealth.
B. Terms of the appointed members shall be for four years except that appointments to fill vacancies shall be for the unexpired terms. No member appointed by the Governor shall serve more than two complete terms in succession.
C. The Governor shall appoint one member of the Board to be chairman. The Board shall annually elect one of its members as vice-chairman, and shall also elect annually a secretary, who need not be a member of the Board. The chairman, or in his absence, the vice-chairman, shall preside at all meetings of the Board. In the absence of both the chairman and the vice-chairman at any meeting, the Board shall elect a chairman pro tempore, who shall preside at such meeting.
D. The Board shall meet at least semiannually, at the call of
the chairman, Executive Director
of the Department of Business Assistance Virginia Economic Development Partnership Authority, or
Governor or at the request of a majority of the Board members. A majority of
the members of the Board shall constitute a quorum.
E. Members of the Board shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties as provided in § 2.2-2825.
§ 2.2-2414. Duties of the Board.
The Board shall advise the Department
of Business Assistance Virginia
Economic Development Partnership Authority on the small business programs, including, but not
limited to, locally based centers to assist and develop small businesses. It
shall make recommendations to the Director, the Secretary of Commerce and
Trade, and the Governor concerning the actions that the Department
of Business Assistance Virginia
Economic Development Partnership Authority and the state
government might take to enhance the growth of small businesses. Additionally,
the Board shall be a resource to the Department of
Business Assistance, the Secretary of Commerce and Trade, the
Executive Director of the Virginia Economic Development Partnership, and the Governor as they conduct the economic
development efforts of the Commonwealth.
§ 2.2-2667. The Virginia Recycling Markets Development Council; membership; meetings; staff.
A. The Virginia Recycling Markets Development Council (the
Council) is established as an advisory council, within the meaning of §
2.2-2100, in the executive branch of state government. The Council shall be
composed of 20 members as follows: the Directors, or a policy-making designee,
of the Departments of Business Assistance,
Environmental Quality, General Services and Transportation,
and the Executive Director, or
a policy-making designee, of the Virginia
Economic Development Partnership Authority, who shall serve
ex officio with voting privileges; and 16 nonlegislative citizen members
appointed by the Governor. The nonlegislative citizen members shall be
appointed from among residents of the Commonwealth who are knowledgeable about
recycling and the development of markets for recyclable materials and shall be
comprised of: one member representing county governments appointed following
the consideration of nominations, if any, submitted by the Virginia Association
of Counties; one member representing municipal governments appointed following
the consideration of nominations, if any, submitted by the Virginia Municipal
League; one member representing urban Planning District Commissions and one
member representing rural Planning District Commissions appointed following the
consideration of nominations, if any, submitted by the Association of Planning
Districts; one member from the general public; and one representative each,
appointed following the consideration of nominations, if any, submitted by
recognized industry associations representing solid waste collection and
disposal, recycling, glass, paper, aluminum, plastic, tire, oil, scrap metal,
electronics, and organic waste.
B. Citizen members of the Council shall serve four-year terms. Directors and their policy designees shall serve terms coincident with the terms of office of the director. Appointments to fill vacancies shall be for the unexpired terms. All members may be reappointed. However, no citizen member of the Council shall be eligible to serve more than two consecutive four-year terms. The remainder of any term to which a citizen member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.
Notwithstanding any provision to the contrary, citizen members of the Council shall not receive expenses as defined in § 2.2-2813 and shall serve without compensation.
C. The Council shall elect a chairman and vice-chairman annually from among its members. The Council shall meet at least quarterly on such dates and at such times as they determine. A majority of the appointed members of the Council shall constitute a quorum.
D. Staff support shall be provided by the members of the Council.
§ 3.2-201. Powers and duties of Office of Farmland Preservation.
A. The Office of Farmland Preservation shall have the following powers and duties:
1. To develop, in cooperation with the Department
of Business AssistanceVirginia
Economic Development Partnership Authority, the Virginia
Farm Bureau Federation, the American Farmland Trust, the Virginia Land
Conservation Foundation, the Virginia Outdoors Foundation, the Virginia
Association of Counties, and the Virginia Cooperative Extension: (i) model
policies and practices that may be used as a guide to establish local purchase
of development rights programs; (ii) criteria for the certification of local
purchase of development rights programs as eligible to receive grants, loans or
other funds from public sources; and (iii) methods and sources of revenue for
allocating funds to localities to purchase agricultural conservation easements;
2. To create programs to educate the public about the importance of farmland preservation to the quality of life in the Commonwealth;
3. To provide technical, professional, and other assistance to farmers on matters related to farmland preservation;
4. To provide technical, professional, and other assistance to local governments interested in developing additional farmland preservation policies and programs. Such policies and programs shall include (i) use value assessment and taxation pursuant to §§ 58.1-3230 and 58.1-3231; (ii) transfer of development rights pursuant to Article 7.1 (§ 15.2-2316.1 et seq.) of Chapter 22 of Title 15.2; (iii) agricultural and forestal districts pursuant to Chapter 43 (§ 15.2-4300 et seq.) of Title 15.2; and (iv) establishment of local lease of development rights; and
5. To administer the Virginia Farm Link program established pursuant to § 3.2-202.
B. State grants shall be distributed to local purchase of development rights programs under policies, procedures, and guidelines developed by the Office of Farmland Preservation. In general, for each $1 in grant moneys awarded by the Office, the applicable local purchase of development rights program of the county or city shall be required to provide a $1 match. However, as part of these policies, procedures, and guidelines developed by the Office, the Office shall include incentives that recognize and encourage counties and cities participating in use value taxation pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1.
§ 11-7.1. Certain entities' authority to extend performance agreements.
A. The Department of
Business Assistance, the Virginia Economic Development
Partnership Authority, the Virginia Tourism Authority, the Tobacco
Indemnification and Community Revitalization Commission, a nonprofit, nonstock
corporation created pursuant to § 2.2-2240.1, any county, city, or town, or local
or regional industrial or economic development authorities created in
accordance with law have the authority, upon the agreement of the parties, to
extend the performance period for any performance agreement.
B. For the purposes of this section, "performance agreement" means any agreement, contract, or memorandum of understanding that imposes an obligation for minimum private investment or the creation of new jobs in exchange for grants or other funds, or loans of money from an entity specified in subsection A.
C. Nothing in this section shall be construed or interpreted to authorize or allow for any payment or appropriation of funds except as provided in the general appropriation act.
§ 10.1-1425.7. Duty of the Virginia Economic Development Partnership Authority.
The Department of Business
Assistance Virginia Economic
Development Partnership Authority shall assist the
Department by encouraging and promoting the establishment of appropriate
recycling industries in the Commonwealth.
§ 15.2-4904. Directors; qualifications; terms; vacancies; compensation and expenses; quorum; records; certification and distribution of report concerning bond issuance.
A. The authority shall be governed by a board of directors in which all powers of the authority shall be vested and which board shall be composed of seven directors, appointed by the governing body of the locality. The seven directors shall be appointed initially for terms of one, two, three and four years; two being appointed for one-year terms; two being appointed for two-year terms; two being appointed for three-year terms and one being appointed for a four-year term. Subsequent appointments shall be for terms of four years, except appointments to fill vacancies which shall be for the unexpired terms. All terms of office shall be deemed to commence upon the date of the initial appointment to the authority, and thereafter, in accordance with the provisions of the immediately preceding sentence. If at the end of any term of office of any director a successor thereto has not been appointed, then the director whose term of office has expired shall continue to hold office until his successor is appointed and qualified.
Notwithstanding the provisions of this subsection, the board of supervisors of Wise County may appoint eight members to serve on the board of the authority, with terms staggered as agreed upon by the board of supervisors, the board of supervisors of Henrico County may appoint 10 members to serve on the board of the authority, two from each magisterial district, with terms staggered as agreed upon by the board of supervisors, the town council of the Town of Saint Paul may appoint 10 members to serve on the board of the authority, with terms staggered as agreed upon by the town council, however, the town council may at its option return to a seven member board by removing the last three members appointed, the board of supervisors of Russell County may appoint nine members, two of whom shall come from a town that has used its borrowing capacity to borrow $2 million or more for industrial development, with terms staggered as agreed upon by the board of supervisors and the town council of the Town of South Boston shall appoint two at-large members, Page County may appoint nine members, with one member from each incorporated town, one member from each magisterial district, and one at-large, with terms staggered as agreed upon by the board of supervisors, Halifax County shall appoint five at-large members to serve on the board of the authority jointly created by the Town of South Boston and Halifax County pursuant to § 15.2-4916, with terms staggered as agreed upon by the governing bodies of the Town of South Boston and Halifax County in the concurrent resolutions creating such authority, the town council of the Town of Coeburn may appoint five members to serve on the board of the authority, with terms staggered as agreed upon by the town council, the city council of Suffolk may appoint eight members to serve on the board of the authority, with one member from each of the boroughs, and one at-large member, with terms staggered as agreed upon by the city council, and the City of Chesapeake may appoint nine members, with terms staggered as agreed upon by the city council.
A member of the board of directors of the authority may be removed from office by the local governing body without limitation in the event that the board member is absent from any three consecutive meetings of the authority, or is absent from any four meetings of the authority within any 12-month period. In either such event, a successor shall be appointed by the governing body for the unexpired portion of the term of the member who has been removed.
B. Each director shall, upon appointment or reappointment, before entering upon his duties take and subscribe the oath prescribed by § 49-1.
C. No director shall be an officer or employee of the locality except in towns under 3,500 people where members of the town governing body may serve as directors provided they do not comprise a majority of the board and except in Buchanan County where a constitutional officer who has previously served on the board of directors may serve as a director provided the governing body of such county approves. Every director shall, at the time of his appointment and thereafter, reside in a locality within which the authority operates or in an adjoining locality. When a director ceases to be a resident of such locality, the director's office shall be vacant and a new director may be appointed for the remainder of the term.
D. The directors shall elect from their membership a chairman, a vice-chairman, and from their membership or not, as they desire, a secretary and a treasurer, or a secretary-treasurer, who shall continue to hold such office until their respective successors are elected. The directors shall receive no salary but may be compensated such amount per regular, special, or committee meeting or per each official representation as may be approved by the appointing authority, not to exceed $200 per meeting or official representation, and shall be reimbursed for necessary traveling and other expenses incurred in the performance of their duties.
E. Four members of the board of directors shall constitute a quorum of the board for the purposes of conducting its business and exercising its powers and for all other purposes, except that no facilities owned by the authority shall be leased or disposed of in any manner without a majority vote of the members of the board of directors. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and perform all the duties of the board.
F. The board shall keep detailed minutes of its proceedings, which shall be open to public inspection at all times. It shall keep suitable records of its financial transactions and, unless exempted by § 30-140, it shall arrange to have the records audited annually. Copies of each such audit shall be furnished to the governing body of the locality and shall be open to public inspection.
Two copies of the report concerning issuance of bonds required
to be filed with the United States Internal Revenue Service shall be certified
as true and correct copies by the secretary or assistant secretary of the
authority. One copy shall be furnished to the governing body of the locality
and the other copy mailed to the Department
of Business Assistance Virginia
Economic Development Partnership Authority.
§ 23-135.7:7. Advisory Committee continued as Advisory Board.
The Virginia Coal Research and Development Advisory Committee is continued and shall hereafter be known as the Virginia Coal Research and Development Advisory Board. The Advisory Board shall serve in an advisory capacity to the Executive Director of the Virginia Center for Coal and Energy Research.
1. The Advisory Board shall be authorized to advise on those matters set forth in § 23-135.7:2.
2. Representatives to the Advisory Board shall be appointed by the Board of Visitors of Virginia Polytechnic Institute and State University.
3. The Board of Visitors of Virginia Polytechnic Institute and State University shall also appoint such other individuals as they deem necessary to the work of the Advisory Board.
4. Representatives from the Department of Conservation and
Historic Resources, the Department
of Business Assistance Virginia
Economic Development Partnership Authority, the Department
of Mines, Minerals and Energy, the Department of Labor and Industry, the
Virginia Port Authority, the institutions of higher education, excluding Virginia
Polytechnic Institute and State University, and the Community College System
shall serve as the Advisory Board.
§ 33.1-221. Funds for access roads to economic development sites and airports; construction, maintenance, etc., of such roads.
A. Notwithstanding any other provision of law, there shall be appropriated to the Commonwealth Transportation Board funds derived from taxes on motor fuels, fees and charges on motor vehicle registrations, road taxes or any other state revenue allocated for highway purposes, which shall be used by the Board for the purposes hereinafter specified, after deducting the costs of administration before any of such funds are distributed and allocated for any road or street purposes.
Such funds shall be expended by the Board for constructing,
reconstructing, maintaining or improving access roads within counties, cities
and towns to economic development sites on which manufacturing, processing,
research and development facilities, distribution centers, regional service centers,
corporate headquarters, or other establishments that also meet basic employer
criteria as determined by the Virginia Economic Development Partnership in consultation with the Virginia Department of
Business Assistance Authority will
be built under firm contract or are already constructed and to licensed,
public-use airports; in the event there is no such establishment or airport
already constructed or for which the construction is under firm contract, a
county, city, or town may guarantee to the Board by bond or other acceptable
device that such will occur and, should no establishment or airport acceptable
to the Board be constructed or under firm contract within the time limits of
the bond, such bond shall be forfeited. The time limits of the bond shall be
based on regular review and consideration by the Board. Towns which receive
highway maintenance payments under § 33.1-41.1 shall be considered separately
from the counties in which they are located when receiving allocations of funds
for access roads.
B. In deciding whether or not to construct or improve any such access road, and in determining the nature of the road to be constructed, the Board shall base its considerations on the cost thereof in relation to the volume and nature of the traffic to be generated as a result of developing the airport or the economic development site. Within any economic development site or airport, the total volume of traffic to be generated shall be taken into consideration in regard to the overall cost thereof. No such access road shall be constructed or improved on a privately owned economic development site.
C. Any access road constructed or improved under this section shall constitute a part of the secondary system of state highways or the road system of the locality in which it is located and shall thereafter be constructed, reconstructed, maintained and improved as other roads in such system.
§ 36-139.6. Additional powers and duties of Director; oversight of planning district commissions.
The Director of the Department of Housing and Community Development shall have the following powers and duties relating to oversight of planning district commissions:
1. To recommend to the Governor the level of state general appropriation funding for each planning district commission, taking into consideration the minimum funding level necessary for operation, the population of each district, and other factors considered appropriate;
2. To distribute state general appropriation funding to planning district commissions consistent with the provisions of this chapter and Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2;
3. To administer the Regional Cooperation Incentive Fund in accordance with § 15.2-4217;
4. To provide technical assistance to planning district commissions regarding regional approaches to area-wide problems. Assistance may be initiated by the Department, individual local governments, or planning district commissions;
5. To require the submission of annual programmatic and financial information by each planning district commission in a format prescribed by the Director;
6. To prepare a biennial report to the Governor and the
General Assembly which identifies the activities and other information deemed
appropriate by the Director concerning planning district commissions, including
findings as to planning district commissions which are not complying with
Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2. Copies of the biennial report
shall also be sent to the Commission on Local Government, Department
of Business Assistance, Department
of Conservation and Recreation, Department of Environmental Quality, Department
of Planning and Budget, Department of Transportation, Virginia Economic
Development Partnership Authority,
and others upon request; and
7. To establish the Virginia Planning District Commission Council made up of the chairman or designated representative from each planning district commission to advise Department staff on programs, rules and regulations for the planning district commissions. Technical committees of planning district commission staff, state and local agency staff, and private sector individuals as needed, may be created.
§ 46.2-749.69:1. Special license plates bearing the names, numbers, and color schemes used by professional stock car drivers; fees.
A. On receipt of an application and payment of the fee prescribed by this section, the Commissioner shall issue special license plates to supporters of the Virginia Motor Sports Initiative.
B. The Commissioner may enter into agreements for the purchase of distinctive license plates bearing the name of a specific professional stock car driver and the race car number and color scheme used by that driver, or for distinctive general motor sports-themed license plates, for issuance as provided in this section. The design of such license plates shall be as mutually agreed by the Commissioner and the supplier of such license plates. The purchase price of such plates shall be as agreed between the Commissioner and the supplier or other entity, but shall in no case exceed a total, one-time cost of $15 for each set of license plates. In the event that a race car number, color scheme, or both, change for a driver with a currently issued series, a new series for that driver may be issued subject to the requirements of this section.
The provisions of subdivision B 1 of § 46.2-725 shall not apply to license plates issued under this section.
C. The annual fee for plates issued pursuant to this section
shall be $25 in addition to the prescribed fee for state license plates. For
each such $25 fee collected in excess of 1,000 registrations pursuant to this
section, $15 shall be paid into the state treasury and credited to the special
nonreverting fund known as the Virginia Motor Sports Initiative Fund
established within the Department of Accounts and paid annually in equal amounts to the
Virginia Economic Development Partnership Authority and
the Virginia Department of Business Assistance and used to
support their the Authority's
programs related to the Virginia Motor Sports Initiative.
In calculating the amount to be paid into such fund each year, however, there shall be deducted an amount equal to the amount paid in that year by the Department for the purchase of license plates for which the additional $25 fees have been collected for that year.
§ 58.1-439.6. Worker retraining tax credit.
A. As used in this section, unless the context clearly requires otherwise:
"Eligible worker retraining" means retraining of a qualified employee that promotes economic development in the form of (i) noncredit courses at any of the Commonwealth's community colleges or a private school or (ii) worker retraining programs undertaken through an apprenticeship agreement approved by the Virginia Apprenticeship Council.
"Qualified employee" means an employee of an employer eligible for a credit under this section in a full-time position requiring a minimum of 1,680 hours in the entire normal year of the employer's operations if the standard fringe benefits are paid by the employer for the employee. Employees in seasonal or temporary positions shall not qualify as qualified employees. A qualified employee (i) shall not be a relative of any owner or the employer claiming the credit and (ii) shall not own, directly or indirectly, more than five percent in value of the outstanding stock of a corporation claiming the credit. As used herein, "relative" means a spouse, child, grandchild, parent or sibling of an owner or employer, and "owner" means, in the case of a corporation, any person who owns five percent or more of the corporation's stock.
B. For taxable years beginning on and after January 1, 1999, an employer shall be allowed a credit against the taxes imposed by Articles 2 (§ 58.1-320 et seq.), 6 (§ 58.1-360 et seq.), and 10 (§ 58.1-400 et seq.) of Chapter 3; Chapter 12 (§ 58.1-1200 et seq.); Article 1 (§ 58.1-2500 et seq.) of Chapter 25; or Article 2 (§ new Control.Tabs('tab_group_one');
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