45.1-392 - Solar Photovoltaic Manufacturing Incentive Grant Program.
§ 45.1-392. Solar Photovoltaic Manufacturing Incentive Grant Program.
A. Any manufacturer commencing eligible sales during calendar year 1995 who,from January 1, 1995, through December 31, 1999, sells solar photovoltaicpanels it manufactured in Virginia shall be entitled to receive an annualsolar photovoltaic manufacturing incentive grant in an amount of seventy-fivecents per watt of the rated capacity of panels sold in a calendar year. Thegrants shall be paid from a fund to be entitled the Solar PhotovoltaicManufacturing Incentive Grant Fund (the Fund).
B. Any manufacturer commencing eligible sales at any time subsequent toDecember 31, 1995, and who, from January 1, 1996, through December 31, 2001,sells solar photovoltaic panels it manufactured in Virginia shall be entitledto receive an annual solar photovoltaic manufacturing incentive grant in anamount up to seventy-five cents per watt of the rated capacity of panels soldin a calendar year. The grants shall be paid from the Fund. No manufacturershall be eligible to receive grants pursuant to this subsection for more thanfive years.
C. In the event applications for grants pursuant to subsections A and Bexceed six million watts per calendar year, the grant payments will beapportioned among the eligible applicants, based upon the total wattageevidenced by such applicants, the amount per watt the applicant is eligibleto receive, and the total wattage eligible for grants specified in thissection.
D. Any entity that (i) commences the manufacture of solar photovoltaic panelsin the Commonwealth on or after January 1, 2002, or (ii) expands itsmanufacture of such panels in the Commonwealth by at least fifty percentabove the baseline production level of six million watts, makes a capitalinvestment of at least twenty-five million dollars in new plant or equipment,and employs at least 230 full-time employees, shall be entitled to receive anannual solar photovoltaic manufacturing incentive grant for six years. Theamount of the grant shall be based on the watts of the rated capacity ofpanels sold annually that were manufactured in the Commonwealth beginningwith the year in which eligible manufacturing commences or expands, or thefirst year in which the entity does not receive a grant pursuant tosubsection A or B, whichever is later, as follows:
Years Rate
Years 1 and 2 $0.75/watt
Years 3 and 4 $0.50/watt
Years 5 and 6 $0.25/watt
For manufacturers that are eligible based solely on their expansion ofexisting production capacity, the grant shall be based solely on theadditional watts of the rated capacity of panels sold as a direct result ofthe expansion.
If a manufacturer that is eligible based solely on its expansion of existingproduction capacity makes an additional investment of at least seventymillion dollars in plant and equipment and employs at least 430 full-timeemployees by December 31, 2004, the grant payment shall remain at an amountof seventy-five cents per watt of the rated capacity above the baselineproduction level of panels sold in Years Three and Four. If such manufacturerachieves an additional investment of at least $140 million in plant andequipment and employs at least 930 full-time employees by December 31, 2007,the grant payment shall remain at an amount of seventy-five cents per watt ofthe rated capacity above the baseline production level of panels sold inYears Five and Six.
E. In the event that applications for grants pursuant to subsection D exceedsix million watts per calendar year, the grant payments will be apportionedamong the eligible applicants, based upon the total wattage evidenced by suchapplicants, the amount per watt the applicant is eligible to receive, and thetotal wattage eligible for grants. Any such grant shall be offset by theamount of any grant awarded pursuant to § 2.2-115 to the locality in whichthe manufacturer is located.
F. Any manufacturer entitled to apply for a grant pursuant to this sectionshall provide evidence, satisfactory to the Director, of manufacturing suchpanels in Virginia, the sale of such solar photovoltaic panels, and thewattage sold per year. The reports of manufacturing and sales shall be filedno later than March 31 following the calendar year in which the saleseligible for the grant were made. Failure to meet the filing deadline shallrender the applicant ineligible to receive a grant. The postmark cancellationshall govern the date of the filing determination unless the Director hasapproved an alternative means of filing.
G. The Director shall certify to the Comptroller the amount of grant amanufacturer of solar photovoltaic panels is eligible to receive in a givencalendar year. Payments shall be paid by check issued by the State Treasureron warrant of the Comptroller.
H. The Director, upon presenting appropriate credentials, may examine therecords, books, invoices, bills of lading, storage and production facilitiesand other applicable documents to determine whether the manufacturing andsale of the photovoltaic panels meet the requirements for grants as set forthin this section.
(1993, c. 472; 1996, cc. 582, 593; 2000, c. 809.)