2014 Virginia Code
Title 59.1 - Trade and Commerce
§ 59.1-284.25. Definitions

As used in this chapter, unless the context requires a different meaning:

"Advanced biofuels" means a fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass or algae.

"Authority" means the Virginia Economic Development Partnership Authority established in § 2.2-2234.

"Biodiesel fuel" means a fuel composed of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of ASTM D6751.

"Biofuels" means neat biodiesel fuel, neat green diesel fuel, or neat ethanol fuel that is not blended with a traditional fuel such as gasoline or diesel.

"Capital investment" means an investment in real property, tangible personal property, or both, within the Commonwealth that is capitalized.

"Clean energy manufacturer" means (i) a manufacturer whose primary function is to manufacture or assemble equipment, systems, or products used to produce renewable or nuclear energy, or products used for energy conservation, storage, or grid efficiency purposes, so long as the manufacturer is not a public service corporation as defined in § 56-1 that recovers its costs pursuant to § 56-585.1, or (ii) a producer of biofuels.

"Eligible entity" means any clean energy manufacturer meeting the requirements of subsection A of § 59.1-284.27 or any wind energy supplier that directly supports a clean energy manufacturer in the wind energy industry and meets the requirements of subsection A of § 59.1-284.27.

"Ethanol fuels" means fermentation alcohol derived from agricultural products, including potatoes, cereal grains, dry mill corn, whey, and sugar beets; forest products; or other renewable resources, including residue and waste generated from the production, processing, and marketing of agricultural products, forest products, and other renewable resources, that:

1. Meets all applicable ASTM specifications; and

2. Is denatured as specified in 27 C.F.R. Parts 20 and 21.

"Feedstock" means the agricultural or other renewable resources, whether plant or animal derived, used to produce biofuels.

"Fund" means the Clean Energy Manufacturing Incentive Grant Fund established pursuant to § 59.1-284.26.

"Green diesel fuel" means a fuel produced from nonfossil renewable resources, including agricultural or silvicultural plants; animal fats; residue and waste generated from the production, processing, and marketing of agricultural products; silvicultural products; and other renewable resources, and meeting applicable ASTM specifications.

"Memorandum of understanding" means a performance agreement entered into by an eligible entity and the Commonwealth setting forth the requirements for capital investment, the creation of new full-time jobs, and the amount and duration of the grant payments.

"New full-time job" means employment (i) of an indefinite duration created as the direct result of capital investment, (ii) for which the average annual wage is at least equal to the prevailing average annual wage in the locality where the clean energy manufacturer is to locate or expand, (iii) for which the standard fringe benefits are paid by the clean energy manufacturer, and (iv) that requires a minimum of either 1,680 hours per year or 35 hours of any employee's time per week for the entire normal year of such manufacturer's operations. For the purposes of this definition, a "normal year" consists of a minimum of 48 weeks. Positions that are seasonal or temporary and positions created when a job function is shifted from an existing location in the Commonwealth shall not qualify as new full-time jobs under this section. Other positions, including those of indefinite duration, and supplemental employees of affiliates, subsidiaries, joint ventures, contractors, or subcontractors may be considered new full-time jobs if so designated in the memorandum of understanding.

"President" means the President and Chief Executive Officer of the Authority.

"Renewable energy" means the same as that term is defined in § 56-576.

"Secretary" means the Secretary of Commerce and Trade.

"Wind energy supplier" means a basic sector manufacturer, installer, operator, or other type of provider that directly supports a clean energy manufacturer in the wind energy industry located in the Commonwealth.

2011, cc. 815, 864.