59.1-284.15:1 - Grants for additional employment and new capital investment
§ 59.1-284.15:1. Grants for additional employment and new capital investment.
A. As used in this section:
"Eligible county" means the same as that term is defined in § 59.1-284.15.
"New capital investment" means capital investment made on or after July 1,2000, that denotes investment in buildings and equipment by a qualifiedmanufacturer. Such new capital investment shall not include any capitalinvestment made before July 1, 2000, and shall not include any investment inbuildings and equipment that makes or has made such manufacturer a qualifiedmanufacturer as defined under § 59.1-284.15.
"New full-time job" means employment of an indefinite duration in aneligible county, created as the direct result of new capital investment, forwhich the standard fringe benefits are paid by the qualified manufacturer,requiring a minimum of either (i) 35 hours of an employee's time per week forthe entire normal year of such manufacturer's operations, which "normalyear" must consist of at least 48 weeks or (ii) 1,680 hours per year.Seasonal or temporary positions, and positions created when a job function isshifted from an existing location in the Commonwealth shall not qualify asnew full-time jobs under this section. Other positions including contractors,suppliers, and multiplier or spin-off jobs may be considered new full-timejobs, if so designated in the Memorandum of Understanding between suchmanufacturer and the Commonwealth.
"Qualified manufacturer" means a qualified manufacturer as defined in §59.1-284.15, its related companies, or contractual partners.
"Secretary" means the Secretary of Commerce and Trade or his designee.
B. Any qualified manufacturer shall be eligible for annual grant paymentsunder this section if the following conditions are met:
1. If such manufacturer makes a new capital investment of at least $1.1billion in an eligible county that results in the creation of a newmanufacturing module by January 1, 2007, and at least one-half of the newcapital investment is made by January 1, 2006, the qualified manufacturershall be eligible to receive a grant of $15 million, to be paid in two equalpayments of $7.5 million, the first such payment to be made after the newcapital investment of $550 million is made, but not before July 1, 2006, andthe second payment to be made on July 1, 2007.
2. If such manufacturer creates an additional 1,000 new full-time jobs byJanuary 1, 2008, the qualified manufacturer shall be eligible to receive agrant of $35 million, to be paid in four equal annual grant payments of $8.75million, the first such payment to be made two years after certification bythe Secretary that at least 500 new full-time jobs have been created, but notbefore July 1, 2007. Subsequent payments shall also be subject tocertification by the Secretary that new jobs have been created and retainedduring the course of the payment period. A qualified manufacturer shall beeligible for the full grant amount under this subdivision if the number ofpersons employed by such manufacturer in an eligible county, by January 1,2008, is equal to at least the number of persons employed by suchmanufacturer immediately prior to July 1, 2000, plus an additional 1,000full-time employees.
3. If such manufacturer creates 200 new full-time jobs by January 1, 2009,the qualified manufacturer shall be eligible to receive an additional grantpayment of $5 million, to be paid in two equal annual payments of $2.5million, the first such payment to be made two years after certification bythe Secretary that at least 100 new full-time jobs have been created. Thesubsequent payment shall also be subject to certification by the Secretarythat new jobs have been created and retained during the course of the paymentperiod. A qualified manufacturer shall be eligible for the full grant amountunder this subdivision if the number of persons employed by such manufacturerin an eligible county, by January 1, 2009, is equal to at least the number ofpersons employed by such manufacturer immediately prior to July 1, 2000, plusthe additional 1,200 full-time employees.
4. The total amount of grants to all such qualified manufacturers undersubdivisions 1 through 3 shall not exceed $55 million. In addition, no grantshall be paid to a qualified manufacturer until the Senate Committee onFinance and the House Committees on Appropriations and Finance review theunsigned written Memorandum of Understanding between such manufacturer andthe Commonwealth, with such Memorandum of Understanding specifying theconditions of grant eligibility.
C. Any semiconductor-related products that are produced or manufactured as aresult of such new capital investments shall not be eligible for grants asprovided under § 59.1-284.15.
D. Any qualified manufacturer entitled to apply for a grant under thissection shall provide evidence, satisfactory to the Secretary, of new capitalinvestment and employment levels achieved in an eligible county during aparticular calendar year. The application and evidence shall be filed by suchmanufacturer with the Secretary in person or by mail no later than March 31(or such later date determined by the Secretary in his sole discretion) eachyear it is eligible for grants in the calendar year or years following thecalendar year in which the conditions of subsection B have been met. Failureto meet the filing deadline shall render the applicant ineligible to receivea grant for such calendar year. For filings by mail, the postmarkcancellation shall govern the date of the filing determination.
E. Within 90 days after the filing deadline in subsection D, the Secretaryshall certify to (i) the Comptroller and (ii) each applicant the amount ofthe grant to which such applicant is entitled under this section for thecalendar year. Payment of such grant shall be made by check issued by theState Treasurer on warrant of the Comptroller within 60 days of suchcertification.
F. As a condition of receipt of a grant, a qualified manufacturer shall makeavailable to the Secretary for inspection, upon his request, all relevant andapplicable documents to determine whether the qualified manufacturer meetsthe requirements for the receipt of grants as set forth in this section andsubject to a Memorandum of Agreement between a qualified manufacturer and theCommonwealth. All such documents appropriately identified by the qualifiedmanufacturer shall be considered confidential and proprietary. TheComptroller shall not draw any warrants to issue checks for this programwithout a specific legislative appropriation as specified in conditions andrestrictions on expenditures in the appropriation act.
G. The grants that may be paid under this section shall be paid from theSemiconductor Memory or Logic Wafer Manufacturing Performance Grant Fund IIestablished under § 59.1-284.15, subject to appropriations to such fund bythe General Assembly.
(2001, c. 863; 2005, c. 392.)