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Article 1. Department of Commerce
§5B-1-1. Department of Commerce; Office of Secretary of Department of Commerce - (a) The Secretary of Commerce is the chief executive officer...
§5B-1-1a. Marketing and Communications Office - (a) There is continued in the Department of Commerce the...
§5B-1-2. Agencies, Boards, Commissions, Divisions, and Offices Comprising the Department of Commerce - The Department of Commerce consists of the following agencies, boards,...
§5B-1-3. Powers and Duties of Secretary, Administrators, Division Heads and Employees - (a) The secretary controls and supervises the department and is...
§5B-1-4. Reports by Secretary - The secretary shall report annually to the Governor concerning the...
§5B-1-5. Delegation of Powers and Duties by Secretary - The secretary may delegate his or her powers and duties...
§5B-1-6. Confidentiality of Information - (a) Information provided to secretary under expectation of confidentiality. --...
§5B-1-7. Right of Appeal From Interference With Functioning of Agency - Any governmental entity may appeal to the Governor for review...
§5B-1-8. Financial Assistance for Small Businesses During State of Emergency - (a) The Department of Commerce is authorized to make short-term,...
§5B-1-9. Authority to Assist Qualifying Tourism Development Projects and Tourism Development Expansion Projects; Legislative Findings - (a) The Department of Commerce may assist qualifying tourism development...
§5B-1-10. West Virginia Health Care Workforce Sustainability Study - (a) As used in this section, the following words and...
Article 1A. West Virginia Rails to Trails Program
§5B-1A-1. Purpose - The Legislature hereby declares that the long-term value to the...
§5B-1A-2. Rails to Trails Program - There is continued within the state rail authority provided for...
§5B-1A-3. Definitions - (1) “Abandoned railroad rights-of-way” means land on which discontinuance of...
§5B-1A-4. Powers and Duties of the Authority - The state rail authority is authorized to: (1) Enter into...
§5B-1A-5. Powers to Hold and Acquire Real Property - (a) The state rail authority shall hold fee simple title...
§5B-1A-6. Abandoned Rights-of-Way Owned by the State Prior to Effective Date of Article - (a) No abandoned railroad right-of-way acquired by the state prior...
§5B-1A-7. Railroad Rights-of-Way Preservation - (a) Upon receipt of a notice to abandon a railroad...
§5B-1A-8. Limitation on Liability of Owner From Whom State Acquires Land or Interest Therein - During the interim period when an abandoned railroad right-of-way is...
§5B-1A-9. Limitation on Liability of Persons Making Land Available for Trail Use Without Charge - (a) General rule. -- Except as specifically recognized or provided...
Article 1B. Southern West Virginia Lake Development Study Commission
§5B-1B-1. Southern West Virginia Lake Development Study Commission Act - This article shall be known as the "Southern West Virginia...
§5B-1B-2. Legislative Findings - (a) The Legislature finds that the southern coalfields of West...
§5B-1B-3. Commission Created; Undertake Study; Report to the Legislature - (a) There is hereby created the Southern West Virginia Lake...
§5B-1B-4. Report to the Legislature - The commission shall provide regular updates to the Legislature, through...
Article 2. Department of Economic Development
§5B-2-1. West Virginia Department of Economic Development; Confidentiality - (a) The West Virginia Development Office, previously continued from the...
§5B-2-2. Office of Secretary of Department of Economic Development - (a) The Secretary of the Department of Economic Development is...
§5B-2-3. Powers and Duties of the Secretary - (a) The secretary shall enhance economic growth and development through...
§5B-2-3b. Economic Development Promotion and Closing Fund - The previously created fund known as the "Development Office promotion...
§5B-2-4. Public-Private Partnerships - The Department of Economic Development may enter into contractual or...
§5B-2-4a. State Allocation to Regional Councils - The Department of Economic Development may enter into contractual agreements...
§5B-2-5. Economic Development Representatives - (a) The secretary may employ economic development representatives to be...
§5B-2-6. Transition; Savings Provision - All programs, orders, determinations, rules, permits, grants, contracts, certificates, bonds,...
§5B-2-6a. Brownfield Economic Development Districts; Applications; Fees; Rules - (a) Any property owner of a tract of land that...
§5B-2-9a. Powers and Duties of Secretary of the Department of Tourism and Tourism Advisory Council for Improving Cardinal Passenger Train Service; Declaration of Public Policy and Legislative Intent - (a) It is hereby declared the public policy of the...
§5B-2-10. Program and Policy Action Statement; Submission to Joint Committee on Government and Finance - The tourism advisory council, the Department of Economic Development, and...
§5B-2-14. Certified Development Community Program - The certified development community program is continued and is transferred...
§5B-2-15. Upper Kanawha Valley Resiliency and Revitalization Program - (a) Definitions. (1) General. Terms defined in this section have...
§5B-2-16. Entrepreneurship and Innovation Investment Fund - (a) The Entrepreneurship and Innovation Investment Fund is hereby created....
§5B-2-17. West Virginia Motorsport Committee - (a) The West Virginia Motorsport Committee is hereby created. (b)...
§5B-2-18. Small Business Supplier Certification Assistance Program - (a) The Legislature finds that there is currently no standardized...
§5B-2-18a. Applicability of Federal Laws and Federal Aviation Administration Regulations; Permissible Use of Uncrewed Aircraft - (a) Notwithstanding any provision of this article to the contrary,...
§5B-2-19. Certified Sites and Development Readiness Program - (a)(1) The Certified Sites and Development Readiness Program is hereby...
§5B-2-20. West Virginia Uncrewed Aircraft Systems Advisory Council - (a) The West Virginia Uncrewed Aircraft Systems Advisory Council is...
§5B-2-21. Certified Industrial Business Expansion Development Program - (a) Program established. — The Certified Industrial Business Expansion Development...
Article 2A. Office of Coalfield Community Development
§5B-2A-1. Legislative Findings and Declaration - The Legislature hereby finds and declares the following: (a) Coal...
§5B-2A-2. Application of Article - (a) The provisions of this article shall apply to all...
§5B-2A-3. Definitions - (a) For the purpose of this article: (1) “Department” means...
§5B-2A-4. Office of Coalfield Community Development - (a) The Office of Coalfield Community Development is continued within...
§5B-2A-5. Powers and Duties - The office has and may exercise the following duties, powers,...
§5B-2A-6. Community Impact Review - (a) The office shall, no less frequently than quarterly, either...
§5B-2A-8. Determining and Developing Needed Community Assets - (a) The office shall determine the community assets that may...
§5B-2A-9. Securing Developable Land and Infrastructure - (a) The office shall determine the land and infrastructure needs...
§5B-2A-10. Action Report; Annual Update - (a) Based upon the information developed under sections eight and...
§5B-2A-11. Land Acquisitions - The office shall establish a procedure to assist property owners...
§5B-2A-12. Rulemaking - The office shall propose rules for legislative approval in accordance...
Article 2B. West Virginia Workforce Investment Act
§5B-2B-1. Short Title - This article shall be known and may be cited as...
§5B-2B-2. Definitions - As used in this article, the following terms have the...
§5B-2B-3. West Virginia Workforce Development Board; Membership of Board; Meetings; Quorum Requirements - (a) The West Virginia Workforce Development Board is hereby created...
§5B-2B-4. Duties of the Workforce Development Board - (a) The board shall provide information and guidance to local...
§5B-2B-4a. Report to Legislature - (a) The Legislature finds that: (1) The state needs to...
§5B-2B-4b. Open Meetings; Public Information - (a) The board shall conduct business in an open manner...
§5B-2B-5. State Agencies - On or before November 1, any state agency that receives...
§5B-2B-6. Administration of Board - (a) Workforce West Virginia shall provide administrative and other services...
§5B-2B-7. Legislative Oversight Commission on Workforce Investment for Economic Development - (a) There is hereby created a joint commission of the...
§5B-2B-8. Powers and Duties of the Commission - (a) The commission shall make a continued investigation, study and...
§5B-2B-9. Coordination Between Agencies Providing Workforce Investment Programs, Local Workforce Investment Boards and the Executive Director of Workforce West Virginia - (a) To provide ongoing attention to addressing issues that will...
Article 2C. West Virginia Academy of Science and Technology
§5B-2C-1. Legislative Purpose - (a) The Legislature hereby finds that educational and economic development...
§5B-2C-2. West Virginia Academy of Science and Technology; Composition; Creation of Council, Appointment and Terms; Expenses; Selection of Chairperson; Quorum; Meetings - (a) There is hereby created, within the West Virginia Development...
§5B-2C-3. Executive Director; Powers and Duties; Compensation; Expenses - (a) The Governor is authorized and directed to request and...
§5B-2C-4. Powers and Duties of the Council of the Academy of Science and Technology - (a) The council may seek and accept public and private...
§5B-2C-5. Fellows of the Academy of Science and Technology - (a) In order to address the specific opportunities and needs...
§5B-2C-6. Periodic Reports - (a) The academy will prepare and produce an annual report...
§5B-2C-7. Confidentiality of Contributed Material - Any documentary material, data or other writing made or received...
Article 2D. West Virginia Guaranteed Work Force Program
§5B-2D-1. Short Title - This article shall be known and may be cited as...
§5B-2D-2. Definitions - As used in this article, the following words and terms...
§5B-2D-3. Training Program - The West Virginia Development Office shall develop a business and...
§5B-2D-4. Funds - The funds made available by this section shall supplement but...
§5B-2D-5. Program Activities - The primary concern in the provision of training services shall...
§5B-2D-6. Reporting - (a) The office shall file a report with the Legislature,...
§5B-2D-7. Marketing - The West Virginia Development Office shall market and promote the...
§5B-2D-8. Summer Youth Intern Pilot Program - A summer youth intern pilot program is established within the...
Article 2E. West Virginia Tourism Development Act
§5B-2E-1. West Virginia Tourism Development Act - This article shall be referred to as the "West Virginia...
§5B-2E-2. Legislative Findings - The Legislature finds and declares that the general welfare and...
§5B-2E-3. Definitions - As used in this article, unless the context clearly indicates...
§5B-2E-4. Additional Powers and Duties of the Development Office - The development office has the following powers and duties, in...
§5B-2E-5. Project Application; Evaluation Standards; Approval of Projects - (a) Each eligible company that seeks to qualify a project...
§5B-2E-6. Agreement Between Development Office and Approved Company - The Development Office, upon final approval of an application by...
§5B-2E-7. Amount of Credit Allowed for Tourism Development Project; Approved Projects - (a) Approved companies are allowed a credit against the West...
§5B-2E-7a. Amount of Credit Allowed for Tourism Development Expansion Project; Approved Projects - (a) Approved companies are allowed a credit against the West...
§5B-2E-7b. Credit Against Taxes - (a) General. – When a qualified professional services destination facility...
§5B-2E-8. Forfeiture of Unused Tax Credits; Credit Recapture; Recapture Tax Imposed; Information Required to Be Submitted Annually to Development Office; Transfer of Tax Credits to Successors - (a) The approved company or eligible company shall forfeit the...
§5B-2E-9. Promulgation of Rules - The executive director of the Development Office may promulgate rules...
§5B-2E-10. Legislative Review - The Development Office shall report annually to the Joint Commission...
§5B-2E-11. Termination - The development office may not accept any new project application...
Article 2F. Division of Energy
§5B-2F-1. Short Title - This chapter shall be known and cited as the West...
§5B-2F-2. Purpose; Office of Energy; Office to Develop Energy Policy and Development Plan; Contents of Energy Policy and Development Plan; and Office to Promote Energy Initiatives - (a) Effective July 1, 2017, the Division of Energy is...
§5B-2F-3. Energy Savings Contracting Program - The secretary shall, working with such other agencies of the...
§5B-2F-4. Energy Savings Program - (a) No later than October 1, 2021, the secretary shall...
§5B-2F-5. Disclosure of Energy Usage - No later than July 1, 2021, the secretary shall establish...
Article 2G. Land Conservation
§5B-2G-1. Short Title - This article shall be known as the Voluntary Rural and...
§5B-2G-2. Legislative Findings and Purpose - Legislative findings and purpose: (a) The Legislature hereby finds and...
§5B-2G-3. West Virginia Outdoor Heritage Conservation Fund - Established - The West Virginia Outdoor Heritage Conservation Fund is established within...
§5B-2G-4. West Virginia Outdoor Heritage Conservation Fund - Board of Trustees - (a) Composition; chairman; quorum; qualifications. -- The fund shall be...
§5B-2G-5. West Virginia Outdoor Heritage Conservation Fund - Powers - The board has the following general powers on behalf of...
§5B-2G-6. West Virginia Outdoor Heritage Conservation Fund - Duties - The board shall, on behalf of the fund: (a) Disseminate...
§5B-2G-7. Definitions - For purposes of this article, the following terms have the...
§5B-2G-8. Funding of Land Conservation; Issuance of Revenue Bonds - (a) Fund. -- (1) Created. -- The West Virginia Outdoor...
§5B-2G-9. Grants for Land Conservation; Application; Criteria - (a) An eligible grant recipient may apply for a grant...
Article 2H. Marcellus Gas and Manufacturing Development Act
§5B-2H-1. Short Title - This article shall be known and cited as the "Marcellus...
§5B-2H-2. Legislative Findings; Declaration of Public Policy - (a) The Legislature finds that: (1) The advent and advancement...
Article 2I. Department of Tourism
§5B-2I-1. Short Title - This article shall be known and cited as the West...
§5B-2I-2. West Virginia Department of Tourism - The West Virginia Tourism Office, previously continued from the Division...
§5B-2I-3. Office of Secretary of Department of Tourism - (a) The Secretary of the Department of Tourism is the...
§5B-2I-4. Powers and Duties of the Department of Tourism - (a) The Department of Tourism, under the direction and charge...
§5B-2I-5. Public-Private Partnerships - (a) The Department of Tourism may enter into contractual or...
§5B-2I-6. Tourism Promotion Fund; Use of Funds - (a) There is continued in the State Treasury the special...
§5B-2I-7. Tourism Advisory Council; Members, Appointment, and Expenses - (a) There is continued within the Department of Tourism an...
§5B-2I-8. Confidentiality - Any documentary material, data or other writing made or received...
Article 2J. Natural Gas Liquids Economic Development Act
§5B-2J-1. Short Title - This article shall be known and cited as the "Natural...
§5B-2J-2. Legislative Findings; Declaration of Public Policy - (a) The Legislature finds that: (1) The advent and advancement...
Article 2K. Coalfield Communities Grant Facilitation Commission
§5B-2K-1. Short Title - This article shall be known as the Coalfield Grant Facilitation...
§5B-2K-2. Legislative Findings - The Legislature finds that the historical coal field communities of...
§5B-2K-3. Coalfield Community Grant Facilitation Commission Created - (a) The Coalfield Community Grant Facilitation Commission is hereby created...
§5B-2K-4. Coalfield Community Grant Facilitation Special Revenue Account - A special revenue fund to be known as the Coalfield...
§5B-2K-5. Facilitation of Grant Submissions by Higher Education Institutions - To maximize the resources of the state and to create...
§5B-2K-6. Report to the Legislature - The commission shall provide by December first of each year...
Article 2L. Build WV Act
§5B-2L-1. Short Title - 5B-2L-1. Short title. This article shall be known as the...
§5B-2L-2. Legislative Findings and Purpose - (a) The Legislature hereby finds that reasonably priced residential housing...
§5B-2L-3. Definitions - (a) General. When used in this article, or in the...
§5B-2L-4. Rule-Making - (a) In order to effectuate the purposes of this article,...
§5B-2L-5. Application of the West Virginia Tax Procedure and Administration Act and West Virginia Tax Crimes and Penalties Act - The provisions of this article are subject to the West...
§5B-2L-6. Effective Date, Expiration Date and Required Reporting - (a) Effective July 1, 2024, and annually thereafter, the Department...
§5B-2L-7. Consumers Sales and Service Tax and Use Tax Exemption for Construction Contractors - 5B-2L-7. Consumers sales and service tax and use tax exemption...
§5B-2L-8. Municipal Authority to Exempt Business and Occupation Tax - 5B-2L-8. Municipal authority to exempt business and occupation tax. Notwithstanding...
§5B-2L-9. Eligibility for Property Value Adjustment Tax Credit - 5B-2L-9. Eligibility for property value adjustment tax credit. There shall...
§5B-2L-10. Amount of Property Value Adjustment Tax Credit Allowed - (a) Amount of credit. (1) The amount of total property...
§5B-2L-11. Application of Annual Credit Allowance - (a) Application of annual property value adjustment tax credit against...
§5B-2L-12. Property Value Adjustment Tax Credit Entitlement Is Retained by Eligible Taxpayers That Have Developed Project Property, Transfer of Credit to Transferees of Project Property Is Prohibited - (a) Transfer or sale of assets. (1) Where there has...
§5B-2L-13. Credit Recapture; Interest; Penalties; Additions to Tax; Statute of Limitations - (a) If it appears upon audit or otherwise that any...
§5B-2L-14. Designation of a Certified District - 5B-2L-14. Designation of a certified district. (a) A certified BUILD...
§5B-2L-15. Project Administration and Certification - (a) The Department of Economic Development has the following powers...
§5B-2L-16. Project Application; Evaluation Standards; Approval of Projects - (a) Each eligible company or group of multiple party project...
§5B-2L-17. Agreement Between Department of Economic Development and Approved Company or Approved Group of Multiple Party Project Participants - (a) The Department of Economic Development, upon final approval of...
Article 2M. Promoting Public-Use Vertiports Act
§5B-2M-1. Policy - It is the policy of this state to promote the...
§5B-2M-2. Definitions - For purposes of this article, "vertiport" means infrastructure or a...
§5B-2M-3. Applicability - This article applies to any vertiport that is available for...
§5B-2M-4. Vertiport Safety - (a) Vertiport Design. Each vertiport subject to this article shall...
§5B-2M-5. Exclusionary and Discriminatory Zoning Prohibited - A political subdivision of this state shall not exercise its...
§5B-2M-6. Harmonization - The provisions of this article are intended to supplement any...
Article 3. West Virginia Economic Development Strategy: A Vision Shared
§5B-3-1. Legislative Intent - (a) West Virginia: A shared vision statement. -- West Virginia's...
§5B-3-2. Creation of the Joint Commission on Economic Development - (a) The joint commission on economic development is hereby established....
§5B-3-3. Reexamination of Vision and Goals - Every fourth year after January 1, 2001, the joint commission...
§5B-3-4. Commission Review of Procedural Rules, Interpretive Rules and Existing Legislative Rules - (a) The Joint Commission on Economic Development may review any...
§5B-3-5. Joint Commission on Economic Development Studies - (a) The Joint Commission on Economic Development shall study the...
Article 7. Recovery Zone Bonds
§5B-7-1. Definitions - Unless the context clearly indicates otherwise, as used in this...
§5B-7-2. Allocation of Volume Cap for Recovery Zone Bonds; Obligations Not Debt of State - Pursuant to 26 U.S.C. §1400U-1(a)(3)(A), the State of West Virginia...
§5B-7-3. Certification and Waiver of Volume Cap Allocation - (a) Preliminary certification. -- (1) Each county allocated volume cap...
§5B-7-4. Reallocation of Volume Cap - (a) The Economic Development Authority shall reallocate volume cap that...
§5B-7-5. Suballocation of Volume Cap by Counties; Counties Authorized to Take Action to Issue Recovery Zone Bonds - Counties allocated volume cap pursuant to this article may, by...
Article 8. Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program
§5B-8-1. Definitions - When used in this article: "Department" means the West Virginia...
§5B-8-2. Creating a Matching Program - The West Virginia Small Business Innovation Research and Small Business...
§5B-8-3. Eligibility - In order to be eligible for a grant under this...
§5B-8-4. Application Process - (a) A small business shall apply, under oath, to the...
§5B-8-5. Grant Terms - (a) The department may award a "WV Phase Zero Grant"...
Article 9. Flatwater Trail Commission
§5B-9-1. Flatwater Trail Commission; Members, Appointment, and Expenses - (a) The Flatwater Trail Commission is hereby created as an...
Article 10. West Virginia Development Achievements Transparency Act
§5B-10-1. Short Title - This article shall be known and cited as the "West...
§5B-10-2. Purpose and Findings - (a) The Legislature finds that public tax dollars are expended...
§5B-10-3. Definitions - For the purpose of this article: "Auditor" means the State...
§5B-10-4. Reporting Requirements - (a) Within 30 days of the end of the fiscal...
§5B-10-5. Auditor S Searchable Economic Development Website Created - No later than January 1, 2022, the Auditor shall develop...
§5B-10-6. Contents of the Searchable Website - (a) The Auditor shall include as part of the searchable...
§5B-10-7. Confidentiality - (a) Nothing in this article may be construed as requiring...
§5B-10-8. Source and Accuracy of Information; Failure to Report - (a) To fulfill the requirements of this article, a granting...
§5B-10-9. Public Hearings - The Auditor may conduct public hearings or training sessions to...