                                 CODE OF VIRGINIA

SHORT TITLE; DEFINITIONS (§ 2.2-5100)

A. This chapter shall be known and may be cited as the &#8220;Virginia
Investment Partnership Act.&#8221;

B. As used in this chapter, unless the context requires a different meaning:
			&#8220;Average manufacturing wage&#8221; means that amount determined by the
Virginia Employment Commission to be the average wage paid manufacturing workers
in a locality or region of the Commonwealth.			&#8220;Average nonmanufacturing
wage&#8221; means that amount determined by the Virginia Employment Commission
to be the average wage paid nonmanufacturing workers in basic employment in a
locality or region of the Commonwealth.			&#8220;Basic employment&#8221; means
employment that brings new or additional income into Virginia and adds to the
gross state product.			&#8220;Capital investment&#8221; means an investment in
real property, personal property, or both, at a manufacturing or basic
nonmanufacturing facility within the Commonwealth that is capitalized by the
company and that increases the productivity of the manufacturing facility,
results in the creation, development or utilization of a more advanced
technology than is in use immediately prior to such investment, or both. In
order to qualify as a capital investment, an investment in technology shall
result in a measurable increase in capacity or productivity, a measurable
decrease in the production of flawed product, or both. Expenditures for
maintenance, replacement or repair of existing machinery, tools and real
property shall not constitute a capital investment; however, expenditures for
the replacement of property shall not be ineligible for designation as a capital
investment if such replacement results in a measurable increase in
productivity.			&#8220;Eligible company&#8221; means, for companies located in a
Metropolitan Statistical Area with a population of 300,000 or more in the most
recently preceding decennial census, a Virginia employer that:			a. (i) creates
or causes to be created at least 400 jobs with average salaries at least 50
percent greater than the Prevailing Average Wage or (ii) creates or causes to be
created at least 300 jobs with average salaries at least 100 percent greater
than the Prevailing Average Wage, and			b. makes a capital investment of at
least $5 million or $6,500 per job, whichever is greater.			For all companies
located elsewhere in Virginia, &#8220;eligible company&#8221; shall mean a
Virginia employer that creates or causes to be created at least 200 jobs with
average salaries at least 50 percent greater than the Prevailing Average Wage,
and making a capital investment of at least $6,500 per job.			&#8220;Eligible
manufacturer or research and development service&#8221; means an existing
Virginia manufacturer or research and development service that makes a capital
investment of at least $25 million that is announced on or after June 1, 1998,
which investment does not result in any net reduction in employment within one
year after the capital investment has been completed and verified. Any entity
participating in any other production grant program in the Commonwealth shall
not be an eligible manufacturer or research and development
service.			&#8220;Eligible research and development service&#8221; means an
existing Virginia research and development service that supports manufacturing
and that makes a capital investment of at least $25 million, which investment
does not result in any net reduction in employment within one year after the
capital investment has been completed and verified. Any entity participating in
any other production grant program in the Commonwealth shall not be
eligible.			&#8220;Existing Virginia manufacturer&#8221; means a manufacturer
that has a legal presence within the Commonwealth for at least three years prior
to making the announcement of the capital investment that makes it an eligible
manufacturer.			&#8220;Flawed product&#8221; means an irregular unit of goods
that cannot be sold to an end user.			&#8220;Fund&#8221; means the Virginia
Investment Partnership Grant Fund created pursuant to &#xA7; 2.2-5104, comprised
of (i) the Major Eligible Employer Grant subfund, (ii) the Investment
Performance Grant subfund, and (iii) the Economic Development Incentive Grant
subfund.			&#8220;Major eligible employer&#8221; means an existing Virginia
manufacturer or any other nonmanufacturing basic employer that makes a capital
investment of at least $100 million and creates at least 1,000 jobs, or
corporate headquarters and other basic employers that make a capital investment
of at least $100 million and create at least 400 jobs paying at least twice the
prevailing average wage for the area.			&#8220;Manufacturer&#8221; means a
business firm owning or operating a manufacturing establishment as defined in
the Standard Industrial Classification Manual issued by the U.S. Office of
Management and Budget or the North American Industry Classification System
Manual issued by the United States Census Bureau.			&#8220;Net present value of
benefits to Virginia&#8221; means the present value of the amount by which (i)
the anticipated additional state tax revenue expected to accrue to the
Commonwealth as a result of the capital investment and jobs created, over a
period following the completion of the capital investment not to exceed 20
years, exceeds (ii) the value of all incentives provided by the Commonwealth,
including any grant under this article, for such capital investment during that
period.			&#8220;New job&#8221; means employment of an indefinite duration at
the eligible facility, created as the direct result of the capital investment,
for which the standard fringe benefits are paid by the firm for the employee,
requiring a minimum of either (i) 35 hours of an employee&#8217;s time a week
for the entire normal year of the firm&#8217;s operations, which &#8220;normal
year&#8221; must 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 to the facility, and
positions with contractors, suppliers, and similar multiplier or spin-off jobs
shall not qualify as new jobs under this article.			&#8220;Partnership&#8221;
means the Virginia Economic Development Partnership.			&#8220;Prevailing Average
Wage&#8221; means that amount determined by the Virginia Employment Commission
to be the average wage paid workers in the city or county of the Commonwealth
where the eligible company is located.			&#8220;Productivity&#8221; means the
number of hours of labor required to produce a unit of goods.			&#8220;Research
and development service&#8221; means a business firm owning or operating an
establishment engaged in conducting research and experimental development that
supports manufacturing in the physical, engineering and life sciences as defined
in the North American Industry Classification System Manual issued by the United
States Census Bureau.			&#8220;Secretary&#8221; means the Secretary of Commerce
and Trade.

HISTORY: 1999, cc. 875, 961, §§ 2.1-548.43:1, 2.1-548.43:2; 2000, c. 571;
2001, c. 844; 2003, c. 17; 2005, c. 431; 2009, cc. 151, 174; 2012, cc. 196, 407.