Chapter 5B — Economic Development Act of 1985

Article 1 Department of Commerce

§ 5B-1-1 Department of Commerce; office of Secretary of Department of Commerce.

§ 5B-1-1a Marketing and Communications Office.

§ 5B-1-2 Agencies, boards, commissions, divisions, and offices comprising the Department of Commerce.

§ 5B-1-3 Powers and duties of secretary, administrators, division heads and employees.

§ 5B-1-4 Reports by secretary.

§ 5B-1-5 Delegation of powers and duties by secretary.

§ 5B-1-6 Confidentiality of information.

§ 5B-1-7 Right of appeal from interference with functioning of agency.

§ 5B-1-8 Financial assistance for small businesses during state of emergency.

§ 5B-1-9 Authority to assist qualifying tourism development projects and tourism development expansion projects; legislative findings.

§ 5B-1-10 West Virginia Health Care Workforce Sustainability Study.

Article 1A West Virginia Rails to Trails Program

§ 5B-1A-1 Purpose.

§ 5B-1A-2 Rails to trails program.

§ 5B-1A-3 Definitions.

§ 5B-1A-4 Powers and duties of the authority.

§ 5B-1A-5 Powers to hold and acquire real property.

§ 5B-1A-6 Abandoned rights-of-way owned by the state prior to effective date of article.

§ 5B-1A-7 Railroad rights-of-way preservation.

§ 5B-1A-8 Limitation on liability of owner from whom state acquires land or interest therein.

§ 5B-1A-9 Limitation on liability of persons making land available for trail use without charge.

Article 1B Southern West Virginia Lake Development Study Commission

§ 5B-1B-1 Southern West Virginia Lake Development Study Commission Act.

§ 5B-1B-2 Legislative findings.

§ 5B-1B-3 Commission created; undertake study; report to the Legislature.

§ 5B-1B-4 Report to the Legislature.

Article 2 Division of Economic Development

§ 5B-2-1 West Virginia Division of Economic Development; confidentiality.

§ 5B-2-2 Office of Executive Director of the Division of Economic Development.

§ 5B-2-3 Powers and duties of the Executive Director.

§ 5B-2-3a

§ 5B-2-3b Economic development promotion and closing fund.

§ 5B-2-4 Public-private partnerships.

§ 5B-2-4a State allocation to regional councils.

§ 5B-2-5 Economic development representatives.

§ 5B-2-6 Transition; savings provision.

§ 5B-2-6a Brownfield economic development districts; applications; fees; rules.

§ 5B-2-6b

§ 5B-2-6c

§ 5B-2-6d

§ 5B-2-6e

§ 5B-2-7

§ 5B-2-8

§ 5B-2-8a

§ 5B-2-9

§ 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.

§ 5B-2-10 Program and policy action statement; submission to Joint Committee on Government and Finance.

§ 5B-2-11

§ 5B-2-12

§ 5B-2-12a

§ 5B-2-13

§ 5B-2-14 Certified development community program.

§ 5B-2-15 Upper Kanawha Valley Resiliency and Revitalization Program.

§ 5B-2-16 Entrepreneurship and Innovation Investment Fund.

§ 5B-2-17 West Virginia Motorsports Committee.

§ 5B-2-18 Small Business Supplier Certification Assistance Program.

§ 5B-2-18a Applicability of federal laws and Federal Aviation Administration regulations; permissible use of uncrewed aircraft.

§ 5B-2-19 Certified Sites and Development Readiness Program.

§ 5B-2-20 Promotion of West Virginia Uncrewed Aircraft Systems.

§ 5B-2-21 Certified Microgrid Development Program.

§ 5B-2-21a Data Centers.

§ 5B-2-21b Authority to assist certified microgrid district projects and certified high impact data center projects; legislative findings.

Article 2A Transfer of Coalfield Community Development Program to the Office of Energy

§ 5B-2A-1 Legislative findings and declaration.

§ 5B-2A-2 Application of article.

§ 5B-2A-3 Definitions.

§ 5B-2A-4 Transferring the powers, duties, and responsibilities of the Office of Coalfield Community Development into a program within the Office of Energy.

§ 5B-2A-5 Powers and duties.

§ 5B-2A-6 Community impact review.

§ 5B-2A-7

§ 5B-2A-8 Determining and developing needed community assets.

§ 5B-2A-9 Securing developable land and infrastructure.

§ 5B-2A-10 Action report; annual update.

§ 5B-2A-11 Land acquisitions.

§ 5B-2A-12 Rulemaking.

§ 5B-2A-13

§ 5B-2A-14 Sunset

Article 2B West Virginia Workforce Investment Act

§ 5B-2B-1 Short title.

§ 5B-2B-2 Definitions.

§ 5B-2B-3 West Virginia Workforce Development Board; membership of board; meetings; quorum requirements.

§ 5B-2B-4 Duties of the Workforce Development Board.

§ 5B-2B-4a Report to Legislature.

§ 5B-2B-4b Open meetings; public information.

§ 5B-2B-5 State agencies.

§ 5B-2B-6 Administration of board.

§ 5B-2B-7 Legislative oversight commission on workforce investment for economic development.

§ 5B-2B-8 Powers and duties of the commission.

§ 5B-2B-9 Coordination between agencies providing workforce investment programs, local workforce investment boards and the Executive Director of Workforce West Virginia.

Article 2C West Virginia Academy of Science and Technology

§ 5B-2C-1 Legislative purpose.

§ 5B-2C-2 West Virginia academy of science and technology; composition; creation of council, appointment and terms; expenses; selection of chairperson; quorum; meetings.

§ 5B-2C-3 Executive director; powers and duties; compensation; expenses.

§ 5B-2C-4 Powers and duties of the council of the academy of science and technology.

§ 5B-2C-5 Fellows of the academy of science and technology.

§ 5B-2C-6 Periodic reports.

§ 5B-2C-7 Confidentiality of contributed material.

§ 5B-2C-8

Article 2D West Virginia Guaranteed Work Force Program

§ 5B-2D-1 Short title.

§ 5B-2D-2 Definitions.

§ 5B-2D-3 Training program.

§ 5B-2D-4 Funds.

§ 5B-2D-5 Program activities.

§ 5B-2D-6 Reporting.

§ 5B-2D-7 Marketing.

§ 5B-2D-8 Summer youth intern pilot program.

Article 2E West Virginia Tourism Development Act

§ 5B-2E-1 West Virginia Tourism Development Act.

§ 5B-2E-2 Legislative findings.

§ 5B-2E-3 Definitions.

§ 5B-2E-4 Additional powers and duties of the development office.

§ 5B-2E-5 Project application; evaluation standards; approval of projects.

§ 5B-2E-6 Agreement between department and approved company.

§ 5B-2E-7 Amount of credit allowed for tourism development project; approved projects.

§ 5B-2E-7a Amount of credit allowed for tourism development expansion project; approved projects.

§ 5B-2E-7b Credit against taxes.

§ 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.

§ 5B-2E-9 Promulgation of rules.

§ 5B-2E-10 Legislative review.

§ 5B-2E-11 Termination.

Article 2F Comprehensive Energy Policy and Development Plan of 2026

§ 5B-2F-1 Short title.

§ 5B-2F-1a Definitions.

§ 5B-2F-2 Purpose; Office of Energy; Development of Comprehensive Energy Policy.

§ 5B-2F-2a Comprehensive Energy Plan

§ 5B-2F-3 Stakeholder Meetings.

§ 5B-2F-4 Rulemaking.

§ 5B-2F-5 Disclosure of energy usage.

Article 2G Land Conservation

§ 5B-2G-1 Short title.

§ 5B-2G-2 Legislative findings and purpose.

§ 5B-2G-3 West Virginia Outdoor Heritage Conservation Fund - Established.

§ 5B-2G-4 West Virginia Outdoor Heritage Conservation Fund - Board of trustees.

§ 5B-2G-5 West Virginia Outdoor Heritage Conservation Fund - Powers.

§ 5B-2G-6 West Virginia Outdoor Heritage Conservation Fund - Duties.

§ 5B-2G-7 Definitions.

§ 5B-2G-8 Funding of land conservation; issuance of revenue bonds.

§ 5B-2G-9 Grants for land conservation; application; criteria.

Article 2H Marcellus Gas and Manufacturing Development Act

§ 5B-2H-1 Short Title.

§ 5B-2H-2 Legislative findings; declaration of public policy.

Article 2I Department of Tourism

§ 5B-2I-1 Short title.

§ 5B-2I-2 West Virginia Department of Tourism.

§ 5B-2I-3 Office of Secretary of Department of Tourism.

§ 5B-2I-4 Powers and duties of the Department of Tourism.

§ 5B-2I-5 Public-private partnerships.

§ 5B-2I-6 Tourism Promotion Fund; use of funds.

§ 5B-2I-7 Tourism Advisory Council; members, appointment, and expenses.

§ 5B-2I-8 Confidentiality.

Article 2J Natural Gas Liquids Economic Development Act

§ 5B-2J-1 Short Title.

§ 5B-2J-2 Legislative findings; declaration of public policy.

Article 2K Coalfield Communities Grant Facilitation Commission

§ 5B-2K-1 Short title.

§ 5B-2K-2 Legislative Findings.

§ 5B-2K-3 Coalfield Community Grant Facilitation Commission created.

§ 5B-2K-4 Coalfield Community Grant Facilitation Special Revenue Account.

§ 5B-2K-5 Facilitation of grant submissions by higher education institutions.

§ 5B-2K-6 Report to the Legislature.

Article 2L Build WV Act

§ 5B-2L-1 Short title.

§ 5B-2L-2 Legislative findings and purpose.

§ 5B-2L-3 Definitions.

§ 5B-2L-4 Rule-making.

§ 5B-2L-5 Application of the West Virginia Tax Procedure and Administration Act and West Virginia Tax Crimes and Penalties Act.

§ 5B-2L-6 Effective date, expiration date and required reporting.

§ 5B-2L-7 Consumers sales and service tax and use tax exemption for construction contractors.

§ 5B-2L-8 Municipal authority to exempt business and occupation tax.

§ 5B-2L-9 Eligibility for property value adjustment tax credit.

§ 5B-2L-10 Amount of property value adjustment tax credit allowed.

§ 5B-2L-11 Application of annual credit allowance.

§ 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.

§ 5B-2L-13 Credit recapture; interest; penalties; additions to tax; statute of limitations.

§ 5B-2L-14 Designation of a certified district.

§ 5B-2L-15 Project administration and certification.

§ 5B-2L-16 Project application; evaluation standards; approval of projects.

§ 5B-2L-17 Agreement between Department of Economic Development and approved company or approved group of multiple party project participants.

Article 2M Promoting Public-Use Vertiports Act

§ 5B-2M-1 Policy.

§ 5B-2M-2 Definitions.

§ 5B-2M-3 Applicability.

§ 5B-2M-4 Vertiport safety.

§ 5B-2M-5 Exclusionary and discriminatory zoning prohibited.

§ 5B-2M-6 Harmonization.

Article 2N Comprehensive Grid Stabilization and Energy Security Act of 2026

§ 5B-2N-1 Short title.

§ 5B-2N-1a Definitions.

§ 5B-2N-2 Legislative findings; declaration of public policy.

§ 5B-2N-2a Creating the Electric Grid Stabilization and Security Fund.

§ 5B-2N-2b Strategy for Developing Coal, Geothermal, Hydrogen, Hydropower, Natural Gas, and Nuclear Energy.

§ 5B-2N-3 Identification of suitable sites for coal, geothermal, hydrogen, hydropower, natural gas, or nuclear electric generation projects.

§ 5B-2N-4 Designation of sites suitable for electric generation projects.

§ 5B-2N-4a Energy-Ready Community Designation; Criteria; Application Process; Award Process.

§ 5B-2N-5 Development of State Energy Security Plan.

§ 5B-2N-6 Biennial Energy Emergency Exercise.

Article 2O Coal Fired Grid Stabilization and Security Act

§ 5B-2O-1 Short title.

§ 5B-2O-2 Legislative findings; declaration of public policy.

§ 5B-2O-3 Identification of suitable sites for coal electric generation projects.

§ 5B-2O-4 Designation of sites suitable for coal electric generation projects.

Article 2P Office of Entrepreneurship

§ 5B-2P-1 Definitions; Office of Entrepreneurship; duties; information; response to inquiries; annual report.

§ 5B-2P-2 Office of Entrepreneurship Fund; appropriations; revenue generation; rule-making authorization.

§ 5B-2P-3 Recharge West Virginia Program established.

§ 5B-2P-4 Rulemaking.

§ 5B-2P-5 Record-keeping requirements and protections.

Article 2Q West Virginia Youth Summer Employment and Career Readiness Program

§ 5B-2Q-1 Short title.

§ 5B-2Q-2 Purpose; legislative findings and declarations.

§ 5B-2Q-3 Definitions.

§ 5B-2Q-4 Creation of West Virginia Youth Summer Employment and Career Readiness Program.

§ 5B-2Q-5 Employer partnerships and matching requirements.

§ 5B-2Q-6 Eligible activities and participant protections.

§ 5B-2Q-7 Reporting and accountability.

§ 5B-2Q-8 Rulemaking authority.

§ 5B-2Q-9 Funding.

§ 5B-2Q-10 Immunities.

Article 3 West Virginia Economic Development Strategy: a Vision Shared

§ 5B-3-1 Legislative intent.

§ 5B-3-2 The Joint Commission on Economic Development.

§ 5B-3-3 Reexamination of vision and goals.

§ 5B-3-4 Commission review of procedural rules, interpretive rules and existing legislative rules.

§ 5B-3-5 Joint Commission on Economic Development Studies.

Article 4 Labor-Management Council

§ 5B-4-1

Article 5 Employee Ownership Assistance Program

§ 5B-5-1

Article 6 Small Business Expansion Assistance Program

§ 5B-6-1

Article 7 Recovery Zone Bonds

§ 5B-7-1 Definitions.

§ 5B-7-2 Allocation of volume cap for recovery zone bonds; obligations not debt of state.

§ 5B-7-3 Certification and waiver of volume cap allocation.

§ 5B-7-4 Reallocation of volume cap.

§ 5B-7-5 Suballocation of volume cap by counties; counties authorized to take action to issue recovery zone bonds.

Article 8 Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program

§ 5B-8-1 Definitions.

§ 5B-8-2 Creating a matching program.

§ 5B-8-3 Eligibility.

§ 5B-8-4 Application process.

§ 5B-8-5 Grant terms.

Article 9 Flatwater Trail Commission

§ 5B-9-1 Flatwater Trail Commission; members, appointment, and expenses.

Article 10 West Virginia Development Achievements Transparency Act

§ 5B-10-1 Short title.

§ 5B-10-2 Purpose and findings.

§ 5B-10-3 Definitions.

§ 5B-10-4 Reporting requirements.

§ 5B-10-5 Auditor’s searchable economic development website created.

§ 5B-10-6 Contents of the searchable website.

§ 5B-10-7 Confidentiality.

§ 5B-10-8 Source and accuracy of information; failure to report.

§ 5B-10-9 Public hearings.

Article 11 West Virginia Advanced Energy and Economic Corridor Authority

§ 5B-11-1 Legislative findings.

§ 5B-11-2 Advanced Energy and Economic Corridor Authority created; membership; terms; meetings; quorum; compensation and expenses; assistance from Department of Economic Development.

§ 5B-11-3 Powers and duties of the authority.

§ 5B-11-4 Report to the Legislature.

Article 12 WV First Small Business Growth Act

§ 5B-12-1 Title.

§ 5B-12-2 Definitions.

§ 5B-12-3 Program established; application.

§ 5B-12-4 Certification.

§ 5B-12-5 Tax credit established; recapture provisions.

§ 5B-12-6 Investment prohibitions

§ 5B-12-7 Annual reporting.

Article 13 Strategic and Critical Resources

§ 5B-13-1 Short title.

§ 5B-13-2 Legislative findings and purpose.

§ 5B-13-3 Definitions.

§ 5B-13-4 State preemption of local regulation.

§ 5B-13-5 Federal and state law unaffected.

§ 5B-13-6 Rules.

Article 14 Workforce Pell Grants

§ 5B-14-1 Definitions.

§ 5B-14-2 Approval of eligible workforce training programs.

§ 5B-14-3 Duties of the Workforce Development Board.

§ 5B-14-4 Consistency with applicable federal law.

§ 5B-14-5 Rulemaking.

§ 5B-14-6 Effective date.

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