{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/59.1-284.38.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/59.1-284.38.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/59.1-284.38.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/59.1-284.38.html"}],"law_id":372896,"edition_id":2,"section_id":372896,"structure_id":53063,"section_number":"59.1-284.38","catch_line":"Technology Development Grant Fund","history":"2021, Sp. Sess. I, c. 271.","full_text":"A\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t\t&#8220;Capital investment&#8221; means an expenditure by or on behalf of a qualified company on or after January 1, 2020, in real property, tangible personal property, or both, at a facility located in an eligible county that is properly chargeable to a capital account or would be so chargeable with a proper election. The purchase or lease of machinery and tools, furniture, fixtures, and business personal property, including under an operating lease, and expected building expansion and up-fit by or on behalf of the qualified company shall qualify as capital investment.\n\n\t\t\t&#8220;Eligible county&#8221; means Fairfax County.\n\n\t\t\t&#8220;Facility&#8221; means the building, group of buildings, or corporate campus, including any related machinery and tools, furniture, fixtures, and business personal property, located in an eligible county, that is owned, leased, licensed, occupied, or otherwise operated by a qualified company for use in the administration, management, and operation of its business, including software development and technology research and development.\n\n\t\t\t&#8220;Fund&#8221; means the Technology Development Grant Fund.\n\n\t\t\t&#8220;Grants&#8221; means grants from the Fund awarded to a qualified company in an aggregate amount not to exceed $22.5 million.\n\n\t\t\t&#8220;Memorandum of understanding&#8221; means a performance agreement or related document entered into on or before August 1, 2020, among a qualified company, the Commonwealth, and VEDP that sets forth the requirements for capital investment and the creation of new full-time jobs for the qualified company to be eligible for grants from the Fund.\n\n\t\t\t&#8220;New full-time job&#8221; means a job position, in which the employee of the qualified company works at the facility, for which the standard fringe benefits are provided by the company and for which the average annual wage is at least $112,215. Each such position shall require a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire normal year of the qualified company&#8217;s operations, which &#8220;normal year&#8221; shall consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, unless the position in the existing location is backfilled, and positions with construction contractors, vendors, suppliers, and similar multiplier or spin-off jobs shall not qualify as new full-time jobs. The Commonwealth may gauge compliance with the new full-time jobs requirement for a qualified company by reference to the new payroll generated by the qualified company, as indicated in the memorandum of understanding.\n\n\t\t\t&#8220;Qualified company&#8221; means a technology company, including its affiliates, that between January 1, 2020, and June 30, 2025, is expected to (i) make a capital investment at a facility of at least $64 million and (ii) create at least 1,500 new full-time jobs at the facility related to, or supportive of, its business.\n\n\t\t\t&#8220;Secretary&#8221; means the Secretary of Commerce and Trade.\n\n\t\t\t&#8220;VEDP&#8221; means the Virginia Economic Development Partnership Authority.\n\nB\n\nThere is hereby created in the state treasury a special nonreverting fund to be known as the Technology Development Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely to pay grants pursuant to this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller pursuant to subsection F.\n\nC\n\nA qualified company shall be eligible to receive grants each fiscal year beginning with the Commonwealth&#8217;s fiscal year starting on July 1, 2021, and ending with the Commonwealth&#8217;s fiscal year starting on July 1, 2026, unless such timeframe is extended in accordance with the memorandum of understanding. Grants shall be paid to the qualified company from the Fund, subject to appropriation by the General Assembly, during each such fiscal year, contingent upon the qualified company&#8217;s meeting the requirements set forth in the memorandum of understanding for the number of new full-time jobs created and maintained and the amount of capital investment made. The first grant installment of $5,625,000 shall not be awarded until the qualified company has made a capital investment of at least $19,260,000 and has created at least 500 new full-time jobs.\n\nD\n\nThe aggregate amount of grants payable under this section shall not exceed $22.5 million, and grants are expected to be paid in four annual installments of $5,625,000 each, calculated in accordance with the memorandum of understanding as follows:\n\n1\n\n$5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2021;\n\n2\n\n$5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2022;\n\n3\n\n$5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2023; and\n\n4\n\n$5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2024.\n\nE\n\nA qualified company applying for a grant installment pursuant to this chapter shall provide evidence, satisfactory to the Secretary, of (i) the aggregate number of new full-time jobs created and maintained in the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid; (ii) the aggregate number of existing jobs maintained in certain other facilities operated by the qualified company in the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid; and (iii) the aggregate amount of the capital investment made through the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid. The application and evidence shall be filed with the Secretary in person, by mail, or as otherwise agreed upon in the memorandum of understanding, by no later than April 1 of each year, reflecting performance through the prior December 31. Failure to meet the filing deadline shall result in a deferral of a scheduled grant installment set forth in subsection D. For filings by mail, the postmark cancellation shall govern the date of the filing determination.\n\nF\n\nWithin 60 days of receiving the application and evidence pursuant to subsection E, the Secretary shall certify to the Comptroller and the qualified company the amount of grants to which the qualified company is entitled for payment. Such grants shall be paid by the State Treasurer on warrant of the Comptroller in the Commonwealth&#8217;s fiscal year following submission of such application. The Comptroller shall not draw any warrants for payment of grants pursuant to this chapter without a specific appropriation for the same.\n\nG\n\nAs a condition of receipt of the grants, a qualified company shall make available to the Secretary for inspection, upon request, all documents relevant and applicable to determining whether the qualified company has met the requirements for receipt of grants as set forth in this chapter and subject to the memorandum of understanding. All such documents appropriately identified by the qualified company shall be considered confidential and proprietary.\n\n","order_by":null,"text":{"0":{"id":1390756,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t\t&#8220;Capital investment&#8221; means an expenditure by or on behalf of a qualified company on or after January 1, 2020, in real property, tangible personal property, or both, at a facility located in an eligible county that is properly chargeable to a capital account or would be so chargeable with a proper election. The purchase or lease of machinery and tools, furniture, fixtures, and business personal property, including under an operating lease, and expected building expansion and up-fit by or on behalf of the qualified company shall qualify as capital investment.\t\t\t&#8220;Eligible county&#8221; means Fairfax County.\t\t\t&#8220;Facility&#8221; means the building, group of buildings, or corporate campus, including any related machinery and tools, furniture, fixtures, and business personal property, located in an eligible county, that is owned, leased, licensed, occupied, or otherwise operated by a qualified company for use in the administration, management, and operation of its business, including software development and technology research and development.\t\t\t&#8220;Fund&#8221; means the Technology Development Grant Fund.\t\t\t&#8220;Grants&#8221; means grants from the Fund awarded to a qualified company in an aggregate amount not to exceed $22.5 million.\t\t\t&#8220;Memorandum of understanding&#8221; means a performance agreement or related document entered into on or before August 1, 2020, among a qualified company, the Commonwealth, and VEDP that sets forth the requirements for capital investment and the creation of new full-time jobs for the qualified company to be eligible for grants from the Fund.\t\t\t&#8220;New full-time job&#8221; means a job position, in which the employee of the qualified company works at the facility, for which the standard fringe benefits are provided by the company and for which the average annual wage is at least $112,215. Each such position shall require a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire normal year of the qualified company&#8217;s operations, which &#8220;normal year&#8221; shall consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, unless the position in the existing location is backfilled, and positions with construction contractors, vendors, suppliers, and similar multiplier or spin-off jobs shall not qualify as new full-time jobs. The Commonwealth may gauge compliance with the new full-time jobs requirement for a qualified company by reference to the new payroll generated by the qualified company, as indicated in the memorandum of understanding.\t\t\t&#8220;Qualified company&#8221; means a technology company, including its affiliates, that between January 1, 2020, and June 30, 2025, is expected to (i) make a capital investment at a facility of at least $64 million and (ii) create at least 1,500 new full-time jobs at the facility related to, or supportive of, its business.\t\t\t&#8220;Secretary&#8221; means the Secretary of Commerce and Trade.\t\t\t&#8220;VEDP&#8221; means the Virginia Economic Development Partnership Authority.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1390757,"text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Technology Development Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely to pay grants pursuant to this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller pursuant to subsection F.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1390758,"text":"A qualified company shall be eligible to receive grants each fiscal year beginning with the Commonwealth&#8217;s fiscal year starting on July 1, 2021, and ending with the Commonwealth&#8217;s fiscal year starting on July 1, 2026, unless such timeframe is extended in accordance with the memorandum of understanding. Grants shall be paid to the qualified company from the Fund, subject to appropriation by the General Assembly, during each such fiscal year, contingent upon the qualified company&#8217;s meeting the requirements set forth in the memorandum of understanding for the number of new full-time jobs created and maintained and the amount of capital investment made. The first grant installment of $5,625,000 shall not be awarded until the qualified company has made a capital investment of at least $19,260,000 and has created at least 500 new full-time jobs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1390759,"text":"The aggregate amount of grants payable under this section shall not exceed $22.5 million, and grants are expected to be paid in four annual installments of $5,625,000 each, calculated in accordance with the memorandum of understanding as follows:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":1390760,"text":"$5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2021;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":1390761,"text":"$5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2022;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":1390762,"text":"$5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2023; and","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":1390763,"text":"$5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2024.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"8":{"id":1390764,"text":"A qualified company applying for a grant installment pursuant to this chapter shall provide evidence, satisfactory to the Secretary, of (i) the aggregate number of new full-time jobs created and maintained in the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid; (ii) the aggregate number of existing jobs maintained in certain other facilities operated by the qualified company in the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid; and (iii) the aggregate amount of the capital investment made through the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid. The application and evidence shall be filed with the Secretary in person, by mail, or as otherwise agreed upon in the memorandum of understanding, by no later than April 1 of each year, reflecting performance through the prior December 31. Failure to meet the filing deadline shall result in a deferral of a scheduled grant installment set forth in subsection D. For filings by mail, the postmark cancellation shall govern the date of the filing determination.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4","next_prefix":"F"},"9":{"id":1390765,"text":"Within 60 days of receiving the application and evidence pursuant to subsection E, the Secretary shall certify to the Comptroller and the qualified company the amount of grants to which the qualified company is entitled for payment. Such grants shall be paid by the State Treasurer on warrant of the Comptroller in the Commonwealth&#8217;s fiscal year following submission of such application. The Comptroller shall not draw any warrants for payment of grants pursuant to this chapter without a specific appropriation for the same.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":1390766,"text":"As a condition of receipt of the grants, a qualified company shall make available to the Secretary for inspection, upon request, all documents relevant and applicable to determining whether the qualified company has met the requirements for receipt of grants as set forth in this chapter and subject to the memorandum of understanding. All such documents appropriately identified by the qualified company shall be considered confidential and proprietary.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":53063,"edition_id":2,"name":"Technology Development Grant Fund","identifier":"22.17","label":"chapter","depth":2,"order_by":21,"parent_id":53010,"metadata":{"child_laws":1,"child_structures":0},"date_created":"2026-08-02 03:10:24","date_modified":"2026-08-02 12:36:23","permalink":{"id":1487421,"object_type":"structure","relational_id":53063,"identifier":"22.17","token":"59.1\/22.17","url":"\/59.1\/22.17\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53010,"edition_id":2,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":127,"parent_id":null,"metadata":{"child_laws":861,"child_structures":141},"date_created":"2026-08-02 03:09:52","date_modified":"2026-08-02 12:36:19","permalink":{"id":1486523,"object_type":"structure","relational_id":53010,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":372896,"structure_id":53063,"section_number":"59.1-284.38","catch_line":"Technology Development Grant Fund","url":"\/59.1-284.38\/","token":"59.1\/22.17\/59.1-284.38","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-284.38\/","history_text":false,"references":false,"refers_to":false,"permalink":{"id":1487423,"object_type":"law","relational_id":372896,"identifier":"59.1-284.38","token":"59.1\/22.17\/59.1-284.38","url":"\/59.1-284.38\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/59.1-284.38\/","token":"59.1\/22.17\/59.1-284.38","dublin_core":{"Title":"Technology Development Grant Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-284.38","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this chapter, unless the context requires a different meaning:\n\t\t\t&#8220;<span class=\"dictionary\">Capital investment<\/span>&#8221; means an expenditure by or on behalf of a <span class=\"dictionary\">qualified company<\/span> on or after January 1, 2020, in real property, tangible personal property, or both, at a <span class=\"dictionary\">facility<\/span> located in an <span class=\"dictionary\">eligible county<\/span> that is properly chargeable to a capital account or would be so chargeable with a proper election. The purchase or lease of machinery and tools, furniture, fixtures, and business personal property, including under an operating lease, and expected building expansion and up-fit by or on behalf of the <span class=\"dictionary\">qualified company<\/span> shall qualify as <span class=\"dictionary\">capital investment<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Eligible county<\/span>&#8221; means Fairfax County.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Facility<\/span>&#8221; means the building, group of buildings, or corporate campus, including any related machinery and tools, furniture, fixtures, and business personal property, located in an <span class=\"dictionary\">eligible county<\/span>, that is owned, leased, licensed, occupied, or otherwise operated by a <span class=\"dictionary\">qualified company<\/span> for use in the administration, management, and operation of its business, including software development and technology research and development.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Fund<\/span>&#8221; means the Technology Development Grant <span class=\"dictionary\">Fund<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Grants<\/span>&#8221; means <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span> awarded to a <span class=\"dictionary\">qualified company<\/span> in an aggregate amount not to exceed $22.5 million.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Memorandum of understanding<\/span>&#8221; means a performance agreement or related document entered into on or before August 1, 2020, among a <span class=\"dictionary\">qualified company<\/span>, the Commonwealth, and <span class=\"dictionary\">VEDP<\/span> that sets forth the requirements for <span class=\"dictionary\">capital investment<\/span> and the creation of <span class=\"dictionary\">new full-time jobs<\/span> for the <span class=\"dictionary\">qualified company<\/span> to be eligible for <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">New full-time job<\/span>&#8221; means a job position, in which the employee of the <span class=\"dictionary\">qualified company<\/span> works at the <span class=\"dictionary\">facility<\/span>, for which the standard fringe benefits are provided by the company and for which the average annual wage is at least $112,215. Each such position shall require a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire <span class=\"dictionary\">normal year<\/span> of the <span class=\"dictionary\">qualified company<\/span>&#8217;s operations, which &#8220;<span class=\"dictionary\">normal year<\/span>&#8221; shall consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, unless the position in the existing location is backfilled, and positions with construction contractors, vendors, suppliers, and similar multiplier or spin-off jobs shall not qualify as <span class=\"dictionary\">new full-time jobs<\/span>. The Commonwealth may gauge compliance with the <span class=\"dictionary\">new full-time jobs<\/span> requirement for a <span class=\"dictionary\">qualified company<\/span> by reference to the new payroll generated by the <span class=\"dictionary\">qualified company<\/span>, as indicated in the <span class=\"dictionary\">memorandum of understanding<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Qualified company<\/span>&#8221; means a technology company, including its affiliates, that between January 1, 2020, and June 30, 2025, is expected to (i) make a <span class=\"dictionary\">capital investment<\/span> at a <span class=\"dictionary\">facility<\/span> of at least $64 million and (ii) create at least 1,500 <span class=\"dictionary\">new full-time jobs<\/span> at the <span class=\"dictionary\">facility<\/span> related to, or supportive of, its business.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Secretary<\/span>&#8221; means the <span class=\"dictionary\">Secretary<\/span> of Commerce and Trade.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">VEDP<\/span>&#8221; means the Virginia Economic Development Partnership Authority. <a id=\"paragraph-1390756\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> There is hereby created in the state treasury a special nonreverting <span class=\"dictionary\">fund<\/span> to be known as the Technology Development Grant <span class=\"dictionary\">Fund<\/span>. The <span class=\"dictionary\">Fund<\/span> shall be established on the books of the Comptroller. All <span class=\"dictionary\">funds<\/span> appropriated for such <span class=\"dictionary\">Fund<\/span> shall be paid into the state treasury and credited to the <span class=\"dictionary\">Fund<\/span>. Interest earned on moneys in the <span class=\"dictionary\">Fund<\/span> shall remain in the <span class=\"dictionary\">Fund<\/span> and be credited to it. Any moneys remaining in the <span class=\"dictionary\">Fund<\/span>, including interest thereon, at the end of each fiscal year shall not revert to the general <span class=\"dictionary\">fund<\/span> but shall remain in the <span class=\"dictionary\">Fund<\/span>. Moneys in the <span class=\"dictionary\">Fund<\/span> shall be used solely to pay <span class=\"dictionary\">grants<\/span> pursuant to this chapter. Expenditures and disbursements from the <span class=\"dictionary\">Fund<\/span> shall be made by the State Treasurer on warrants issued by the Comptroller pursuant to subsection F. <a id=\"paragraph-1390757\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> A <span class=\"dictionary\">qualified company<\/span> shall be eligible to receive <span class=\"dictionary\">grants<\/span> each fiscal year beginning with the Commonwealth&#8217;s fiscal year starting on July 1, 2021, and ending with the Commonwealth&#8217;s fiscal year starting on July 1, 2026, unless such timeframe is extended in accordance with the <span class=\"dictionary\">memorandum of understanding<\/span>. <span class=\"dictionary\">Grants<\/span> shall be paid to the <span class=\"dictionary\">qualified company<\/span> from the <span class=\"dictionary\">Fund<\/span>, subject to appropriation by the General Assembly, during each such fiscal year, contingent upon the <span class=\"dictionary\">qualified company<\/span>&#8217;s meeting the requirements set forth in the <span class=\"dictionary\">memorandum of understanding<\/span> for the number of <span class=\"dictionary\">new full-time jobs<\/span> created and maintained and the amount of <span class=\"dictionary\">capital investment<\/span> made. The first grant installment of $5,625,000 shall not be awarded until the <span class=\"dictionary\">qualified company<\/span> has made a <span class=\"dictionary\">capital investment<\/span> of at least $19,260,000 and has created at least 500 <span class=\"dictionary\">new full-time jobs<\/span>. <a id=\"paragraph-1390758\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The aggregate amount of <span class=\"dictionary\">grants<\/span> payable under this section shall not exceed $22.5 million, and <span class=\"dictionary\">grants<\/span> are expected to be paid in four annual installments of $5,625,000 each, calculated in accordance with the <span class=\"dictionary\">memorandum of understanding<\/span> as follows: <a id=\"paragraph-1390759\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> $5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2021; <a id=\"paragraph-1390760\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> $5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2022; <a id=\"paragraph-1390761\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> $5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2023; and <a id=\"paragraph-1390762\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> $5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2024. <a id=\"paragraph-1390763\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#D4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> A <span class=\"dictionary\">qualified company<\/span> applying for a grant installment pursuant to this chapter shall provide <span class=\"dictionary\">evidence<\/span>, satisfactory to the <span class=\"dictionary\">Secretary<\/span>, of (i) the aggregate number of <span class=\"dictionary\">new full-time jobs<\/span> created and maintained in the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid; (ii) the aggregate number of existing jobs maintained in certain other facilities operated by the <span class=\"dictionary\">qualified company<\/span> in the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid; and (iii) the aggregate amount of the <span class=\"dictionary\">capital investment<\/span> made through the calendar year that immediately precedes the beginning of the fiscal year in which the grant installment is to be paid. The application and <span class=\"dictionary\">evidence<\/span> shall be filed with the <span class=\"dictionary\">Secretary<\/span> in person, by mail, or as otherwise agreed upon in the <span class=\"dictionary\">memorandum of understanding<\/span>, by no later than April 1 of each year, reflecting performance through the prior December 31. Failure to meet the filing deadline shall result in a deferral of a scheduled grant installment set forth in subsection D. For filings by mail, the postmark cancellation shall govern the date of the filing determination. <a id=\"paragraph-1390764\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Within 60 days of receiving the application and <span class=\"dictionary\">evidence<\/span> pursuant to subsection E, the <span class=\"dictionary\">Secretary<\/span> shall certify to the Comptroller and the <span class=\"dictionary\">qualified company<\/span> the amount of <span class=\"dictionary\">grants<\/span> to which the <span class=\"dictionary\">qualified company<\/span> is entitled for payment. Such <span class=\"dictionary\">grants<\/span> shall be paid by the State Treasurer on warrant of the Comptroller in the Commonwealth&#8217;s fiscal year following submission of such application. The Comptroller shall not draw any warrants for payment of <span class=\"dictionary\">grants<\/span> pursuant to this chapter without a specific appropriation for the same. <a id=\"paragraph-1390765\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> As a condition of receipt of the <span class=\"dictionary\">grants<\/span>, a <span class=\"dictionary\">qualified company<\/span> shall make available to the <span class=\"dictionary\">Secretary<\/span> for inspection, upon request, all documents relevant and applicable to determining whether the <span class=\"dictionary\">qualified company<\/span> has met the requirements for receipt of <span class=\"dictionary\">grants<\/span> as set forth in this chapter and subject to the <span class=\"dictionary\">memorandum of understanding<\/span>. All such documents appropriately identified by the <span class=\"dictionary\">qualified company<\/span> shall be considered confidential and proprietary. <a id=\"paragraph-1390766\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.38\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTECHNOLOGY DEVELOPMENT GRANT FUND (\u00a7 59.1-284.38)\n\nA. As used in this chapter, unless the context requires a different meaning:\n\t\t\t&#8220;Capital investment&#8221; means an expenditure by or on behalf of a\nqualified company on or after January 1, 2020, in real property, tangible\npersonal property, or both, at a facility located in an eligible county that is\nproperly chargeable to a capital account or would be so chargeable with a proper\nelection. The purchase or lease of machinery and tools, furniture, fixtures, and\nbusiness personal property, including under an operating lease, and expected\nbuilding expansion and up-fit by or on behalf of the qualified company shall\nqualify as capital investment.\t\t\t&#8220;Eligible county&#8221; means Fairfax\nCounty.\t\t\t&#8220;Facility&#8221; means the building, group of buildings, or\ncorporate campus, including any related machinery and tools, furniture,\nfixtures, and business personal property, located in an eligible county, that is\nowned, leased, licensed, occupied, or otherwise operated by a qualified company\nfor use in the administration, management, and operation of its business,\nincluding software development and technology research and\ndevelopment.\t\t\t&#8220;Fund&#8221; means the Technology Development Grant\nFund.\t\t\t&#8220;Grants&#8221; means grants from the Fund awarded to a qualified\ncompany in an aggregate amount not to exceed $22.5 million.\t\t\t&#8220;Memorandum\nof understanding&#8221; means a performance agreement or related document\nentered into on or before August 1, 2020, among a qualified company, the\nCommonwealth, and VEDP that sets forth the requirements for capital investment\nand the creation of new full-time jobs for the qualified company to be eligible\nfor grants from the Fund.\t\t\t&#8220;New full-time job&#8221; means a job\nposition, in which the employee of the qualified company works at the facility,\nfor which the standard fringe benefits are provided by the company and for which\nthe average annual wage is at least $112,215. Each such position shall require a\nminimum of either (i) 35 hours of an employee&#8217;s time per week for the\nentire normal year of the qualified company&#8217;s operations, which\n&#8220;normal year&#8221; shall consist of at least 48 weeks, or (ii) 1,680\nhours per year. Seasonal or temporary positions, positions created when a job\nfunction is shifted from an existing location in the Commonwealth, unless the\nposition in the existing location is backfilled, and positions with construction\ncontractors, vendors, suppliers, and similar multiplier or spin-off jobs shall\nnot qualify as new full-time jobs. The Commonwealth may gauge compliance with\nthe new full-time jobs requirement for a qualified company by reference to the\nnew payroll generated by the qualified company, as indicated in the memorandum\nof understanding.\t\t\t&#8220;Qualified company&#8221; means a technology company,\nincluding its affiliates, that between January 1, 2020, and June 30, 2025, is\nexpected to (i) make a capital investment at a facility of at least $64 million\nand (ii) create at least 1,500 new full-time jobs at the facility related to, or\nsupportive of, its business.\t\t\t&#8220;Secretary&#8221; means the Secretary of\nCommerce and Trade.\t\t\t&#8220;VEDP&#8221; means the Virginia Economic Development\nPartnership Authority.\n\nB. There is hereby created in the state treasury a special nonreverting fund to\nbe known as the Technology Development Grant Fund. The Fund shall be established\non the books of the Comptroller. All funds appropriated for such Fund shall be\npaid into the state treasury and credited to the Fund. Interest earned on moneys\nin the Fund shall remain in the Fund and be credited to it. Any moneys remaining\nin the Fund, including interest thereon, at the end of each fiscal year shall\nnot revert to the general fund but shall remain in the Fund. Moneys in the Fund\nshall be used solely to pay grants pursuant to this chapter. Expenditures and\ndisbursements from the Fund shall be made by the State Treasurer on warrants\nissued by the Comptroller pursuant to subsection F.\n\nC. A qualified company shall be eligible to receive grants each fiscal year\nbeginning with the Commonwealth&#8217;s fiscal year starting on July 1, 2021,\nand ending with the Commonwealth&#8217;s fiscal year starting on July 1, 2026,\nunless such timeframe is extended in accordance with the memorandum of\nunderstanding. Grants shall be paid to the qualified company from the Fund,\nsubject to appropriation by the General Assembly, during each such fiscal year,\ncontingent upon the qualified company&#8217;s meeting the requirements set forth\nin the memorandum of understanding for the number of new full-time jobs created\nand maintained and the amount of capital investment made. The first grant\ninstallment of $5,625,000 shall not be awarded until the qualified company has\nmade a capital investment of at least $19,260,000 and has created at least 500\nnew full-time jobs.\n\nD. The aggregate amount of grants payable under this section shall not exceed\n$22.5 million, and grants are expected to be paid in four annual installments of\n$5,625,000 each, calculated in accordance with the memorandum of understanding\nas follows:\n\n   1. $5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2021;\n\n   2. $5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2022;\n\n   3. $5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2023;\n   and\n\n   4. $5,625,000 for the Commonwealth&#8217;s fiscal year beginning July 1, 2024.\n\nE. A qualified company applying for a grant installment pursuant to this chapter\nshall provide evidence, satisfactory to the Secretary, of (i) the aggregate\nnumber of new full-time jobs created and maintained in the calendar year that\nimmediately precedes the beginning of the fiscal year in which the grant\ninstallment is to be paid; (ii) the aggregate number of existing jobs maintained\nin certain other facilities operated by the qualified company in the calendar\nyear that immediately precedes the beginning of the fiscal year in which the\ngrant installment is to be paid; and (iii) the aggregate amount of the capital\ninvestment made through the calendar year that immediately precedes the\nbeginning of the fiscal year in which the grant installment is to be paid. The\napplication and evidence shall be filed with the Secretary in person, by mail,\nor as otherwise agreed upon in the memorandum of understanding, by no later than\nApril 1 of each year, reflecting performance through the prior December 31.\nFailure to meet the filing deadline shall result in a deferral of a scheduled\ngrant installment set forth in subsection D. For filings by mail, the postmark\ncancellation shall govern the date of the filing determination.\n\nF. Within 60 days of receiving the application and evidence pursuant to\nsubsection E, the Secretary shall certify to the Comptroller and the qualified\ncompany the amount of grants to which the qualified company is entitled for\npayment. Such grants shall be paid by the State Treasurer on warrant of the\nComptroller in the Commonwealth&#8217;s fiscal year following submission of such\napplication. The Comptroller shall not draw any warrants for payment of grants\npursuant to this chapter without a specific appropriation for the same.\n\nG. As a condition of receipt of the grants, a qualified company shall make\navailable to the Secretary for inspection, upon request, all documents relevant\nand applicable to determining whether the qualified company has met the\nrequirements for receipt of grants as set forth in this chapter and subject to\nthe memorandum of understanding. All such documents appropriately identified by\nthe qualified company shall be considered confidential and proprietary.\n\nHISTORY: 2021, Sp. Sess. I, c. 271.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}