2014 Virginia Code
Title 59.1 - Trade and Commerce
§ 59.1-284.27. Clean Energy Manufacturing Incentive Grant Program

A. A clean energy manufacturer shall be eligible to receive a clean energy manufacturing grant for up to six years if it (i) commences or expands operations in the Commonwealth on or after July 1, 2011; (ii) makes a capital investment in the Commonwealth on or after July 1, 2011, in an amount greater than $50 million; (iii) creates at least 200 new full-time jobs on or after July 1, 2011; and (iv) enters into a memorandum of understanding setting forth, at a minimum, the requirements for capital investment and the creation of new full-time jobs. Notwithstanding clauses (ii) and (iii), the Governor may reduce the capital investment and new full-time job thresholds if the eligible entity's manufacturing or assembly facility is located in a locality with an unemployment rate for the latest year prior to the execution of the memorandum of understanding for which such data is available that is at least 1.25 times the final statewide average unemployment rate for that year. A wind energy supplier shall be eligible to receive a clean energy manufacturing grant for up to six years if, on or after July 1, 2011, and in addition to the requirements of clauses (i) and (iv), it makes a capital investment in the Commonwealth in an amount greater than $10 million and creates at least 30 new full-time jobs.

B. The grants shall be paid from the Fund subject to appropriation, and the aggregate amount of grants awarded and outstanding at any time shall not exceed $36 million. The Authority shall conduct a return on investment analysis to determine the appropriate amount and duration of grant payments before entering into a memorandum of understanding.

C. Any eligible entity shall provide an annual report to the Authority, in a form approved by and satisfactory to it, detailing clean energy product and supply operations in the Commonwealth. The report shall be submitted no later than April 1 for the previous calendar year and, at the discretion of the Authority or as stated in the memorandum of understanding, failure to meet the filing deadline shall render the applicant ineligible to receive a grant for that year. The postmark cancellation shall govern the date of filing determination unless the Authority has approved an alternative means of filing.

D. The Authority may inspect the clean energy manufacturer's or wind energy supplier's records, books, and other applicable documents and evidence to verify whether the requirements for eligibility set forth in this section and the memorandum of understanding have been met.

E. The Authority shall allocate moneys from the Fund in the following order of priority: first to unpaid moneys carried forward from prior years because eligible entities did not receive the full amount of any money to which they were eligible in a prior year and second to other eligible entities. If the moneys available for grant payments in the Fund are less than the amount of grants to which eligible entities are eligible, the moneys shall be apportioned pro rata among eligible entities, based upon the amount of the grant to which an entity is eligible and the amount of moneys in the Fund available for allocation to such eligible entities.

F. If an entity is allocated less than the full amount of a grant to which it is eligible in any year, it shall not be eligible for the deficiency in that year, but the unpaid portion of the grant to which it was eligible shall be carried forward to the following year, during which it shall be in the first class of priority as provided in subsection E.

G. The Authority shall assist the Secretary with developing guidelines to implement the provisions of this chapter and present such guidelines to the Chairmen of the Senate Finance and House Appropriations Committees. The guidelines may provide for different grant awards based upon the type of clean energy product manufactured, supplied, or assembled or biofuel produced. Actions of the Authority and the Secretary relating to the development of guidelines and the allocation and awarding of grants under this section shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision B 4 of § 2.2-4002.

2011, cc. 815, 864.