West Virginia Code
Article 15. West Virginia Economic Development Authority
§31-15-2. Legislative Findings

It is hereby determined and declared as a matter of legislative finding: (a) That unemployment exists in many areas of the state and may well come about, from time to time, in other areas of the state; (b) that in some areas of the state, unemployment is a serious problem and has been for so long a period of time that, without remedial measures, it may become so in other areas of the state; (c) that economic insecurity due to unemployment is a serious menace to the health, safety, morals and general welfare of the people of the entire state; (d) that widespread industry unemployment produces indigency which falls with crushing force upon all unemployed workers and ultimately upon the state in the form of welfare and unemployment compensation; (e) that the absence of employment and business opportunities for youth is a serious threat to the strength and permanence of their faith in our American political and economic institutions and the philosophy of freedom on which those institutions are based; (f) that lack of employment and business opportunities has resulted in thousands of workers and their families leaving the state to find such opportunities elsewhere and that this exodus has adversely affected the tax base of counties and municipalities resulting in an impairment of their financial ability to support education and other local government services; (g) that security against unemployment and the spread of indigency and economic stagnation can best be provided by the promotion, attraction, stimulation, rehabilitation and revitalization of commerce, tourism, industry and manufacturing; (h) that the present and future health, safety, morals, right to gainful employment and general welfare of the people of the state require as a public purpose the promotion and development of new and expanded coal and other energy production, industrial, commercial, tourist and manufacturing enterprises within this state; (i) that the means and measures being authorized for the financing of projects, including the insuring of loans or other debt issued for working capital or the refinancing of existing debt of an enterprise, are, as a matter of public policy, for the public purposes of the several counties, municipalities and the state; (j) that the device under which private community industrial development organizations in the state acquire or build industrial buildings or sites and equip the same with funds raised through popular subscription, loans or otherwise for lease and sale to new or expanding industries has proven effective in creating new employment and business opportunities locally, is in accord with the American tradition of community initiative and enterprise and requires and deserves encouragement and support from the state as a means toward alleviation of unemployment and economic distress; (k) that community industrial development corporations in the state have invested substantial funds in successful coal production, industrial projects and are experiencing difficulty in undertaking additional projects by reason of the partial inadequacy of their own funds potentially available from local subscription sources and by reason of limitations of local financial institutions in providing additional and sufficiently sizable first deed of trust or mortgage loans or letters of credit and other forms of credit enhancement; (l) that minority business ownership, especially among African-Americans in the area of Charleston, West Virginia, is proportionately less than minority business ownership nationwide and statewide, the unemployment rate for African-Americans recently has been about twice the unemployment rate for caucasians and significantly higher in some counties with a greater concentration of African-Americans and an urgent need exists to encourage African-Americans and minority business ownership and higher employment; (m) that an urgent need exists to stimulate a larger flow of private investment funds from banks, investment houses, insurance companies and other financial institutions into projects; (n) that by increasing the number of projects presenting attractive opportunities for private investment, a larger portion of the private capital available in this state for investment can be put to use for the general economic development of the state; (o) that the availability of financial assistance through the creation of an insurance fund will promote the economic development of the state; and that it is in the public interest, in order to address the needs aforesaid, that a state instrumentality be created as a public body corporate with full powers to accept grants, gifts and appropriations, to generate revenues, to borrow money and issue its bonds, notes, commercial paper, other debt instruments and security interests to the end that funds obtained thereby may be used to furnish money and credit to approved industrial development agencies or enterprises or to promote the establishment of new projects or to retain existing projects.

Structure West Virginia Code

West Virginia Code

Chapter 31. Corporations

Article 15. West Virginia Economic Development Authority

§31-15-1. Short Title

§31-15-2. Legislative Findings

§31-15-3. Purposes of Article

§31-15-3a. West Virginia Industry and Jobs Development Corporation Abolished; Establishment of Economic Development Authority as Successor to Corporation

§31-15-4. Definitions

§31-15-5. West Virginia Economic Development Authority; Composition; Appointment; Terms; Delegation of Authority by Chairman; Voting; Compensation and Expenses

§31-15-6. General Powers of Authority

§31-15-6a. Special Power of Authority to Transfer Funds; Limitations; Fund Created; Use of Funds to Provide Customized Job Training Program by Governor's Office of Economic and Community Development

§31-15-6b. Special Power of Authority to Issue Bonds or Notes to Repay and Refinance Capital Investment of Investment Management Board in Regional Jail and Correctional Facility Authority; Authorizing Issuance of Bonds to Finance Regional Jail Facili...

§31-15-6c. Neighborhood Housing and Economic Development Stabilization Program; Authority to Contract With Housing Development Fund; Funding

§31-15-7. Loans to Industrial Development Agencies or Enterprises for Projects

§31-15-8. Insurance Fund

§31-15-8a. Broadband Loan Insurance Program; Requirements

§31-15-9. Bonds and Notes Issued Pursuant to This Article

§31-15-10. Approval by Authority

§31-15-11. Trustee for Bondholders; Contents of Trust Agreement; Pledge or Assignment of Revenues

§31-15-12. Use of Funds by Authority; Restrictions Thereon Relating to Projects

§31-15-12a. Horseshoe Pitcher S Hall of Fame

§31-15-12b. Loans to Support Tourism

§31-15-13. Refunding Bonds or Notes

§31-15-14. Obligations of Authority Undertaken Pursuant to This Article Not Debt of State, County, Municipality or Any Political Subdivision

§31-15-15. Negotiability of Bonds and Notes Issued Pursuant to This Article

§31-15-16. Bonds and Notes Issued Pursuant to This Article; Legal Investments

§31-15-16a. Bonds for Capital Improvements at Institutions of Higher Education, State Parks, the State Capitol Complex, Other State Facilities or Tourism Sites; Limitations; Authority to Issue Revenue Bonds; Use of Funds to Pay for Projects

§31-15-16b. Lottery Revenue Bonds for Cacapon Resort State Park and Beech Fork State Park

§31-15-16c. Bonds for County Capital Improvements; Limitations; Authority to Issue Revenue Bonds; Use of Funds to Pay for Projects

§31-15-16d. Lottery Revenue Bonds for State Park Projects

§31-15-17. Exemption From Taxation

§31-15-18. Personal Liability; Persons Executing Bonds or Notes Issued Pursuant to This Article

§31-15-19. Cumulative Authority as to Powers Conferred; Applicability of Other Statutes and Charters; Bonds and Notes Issued Pursuant to This Article

§31-15-20. Authority of the Board of Investments

§31-15-21. Loan and Insurance Application Requirements

§31-15-22. Documentary Materials Concerning Trade Secrets; Commercial or Financial Information; or Confidentiality

§31-15-23. Economic Development Fund

§31-15-23a. Economic Development Project Fund

§31-15-24. Transfer of State Property to the Authority

§31-15-25. Validity of Any Pledge, Mortgage, Deed of Trust or Security Instrument

§31-15-26. Money of the Authority

§31-15-27. Conflict of Interest; When Contracts Void

§31-15-28. Agreement With Federal Agencies Not to Alter or Limit Powers of Authority

§31-15-29. Audits

§31-15-30. Projects Not to Be Considered Public Improvements

§31-15-31. Foreign Trade Zones; Authority Approval

§31-15-32. Severability

§31-15-33. Construction