                                 CODE OF VIRGINIA

VIRGINIA PORT VOLUME INCREASE GRANT PROGRAM AND FUND (§ 62.1-132.3:5)

A. As used in this section:
			&#8220;Agricultural entity&#8221; means a person engaged in growing or
producing wheat, grains, fruits, nuts, or crops; tobacco, nursery, or floral
products; forestry products, excluding raw wood fiber or wood fiber processed or
manufactured for use as fuel for the generation of electricity; or seafood,
meat, dairy, or poultry products.			&#8220;Base year port cargo volume&#8221;
means the total amount of (i) net tons of noncontainerized cargo, (ii) TEUs of
cargo, or (iii) units of roll-on/roll-off cargo actually transported by way of a
waterborne ship or vehicle through a port facility during the period from
January 1, 2023, through December 31, 2024. Base year port cargo volume must be
at least 75 net tons of noncontainerized cargo, 10 loaded TEUs, or 10 units of
roll-on/roll-off cargo for an eligible entity to be eligible for the grants
provided in this section. For an eligible entity that did not ship that amount
in the year ending December 31, 2023, including an eligible entity that locates
in Virginia after such periods, its base cargo volume shall be measured by the
initial January 1 through December 31 calendar year in which it meets the
requirements of 75 net tons of noncontainerized cargo, 10 loaded TEUs, or 10
units of roll-on/roll-off cargo. Base year port cargo volume shall be
recalculated each calendar year after the initial base year.			&#8220;Eligible
entity&#8221; means an agricultural entity, manufacturing-related entity, or
mineral and gas entity.			&#8220;Major facility&#8221; means a new facility to
be located in Virginia that is projected to import or export cargo through a
port in excess of 25,000 TEUs in its first calendar
year.			&#8220;Manufacturing-related entity&#8221; means a person engaged in the
manufacturing of goods or the distribution of manufactured
goods.			&#8220;Mineral and gas entity&#8221; means a person engaged in severing
minerals or gases from the earth.			&#8220;Port cargo volume&#8221; means the
total amount of net tons of noncontainerized cargo, net units of
roll-on/roll-off cargo, or containers measured in TEUs of cargo transported by
way of a waterborne ship or vehicle through a port facility.			&#8220;Port
facility&#8221; means any publicly or privately owned facility located within
the Commonwealth through which cargo is transported by way of a waterborne ship
or vehicle to or from destinations outside the Commonwealth and that handles
cargo owned by third parties in addition to cargo owned by the port
facility&#8217;s owner.			&#8220;TEU&#8221; or &#8220;20-foot equivalent
unit&#8221; means a volumetric measure based on the size of a container that is
20 feet long by eight feet wide by eight feet, six inches high.

B. There is hereby created in the state treasury a special nonreverting fund to
be known as the Virginia Port Volume Increase Grant Fund, referred to in this
section as &#8220;the Fund.&#8221; The Fund shall be established on the books of
the Comptroller. All funds appropriated for such purpose and any gifts,
donations, grants, bequests, and other funds received on its behalf 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 for the purpose of providing grants to eligible entities
pursuant to subsections C and D. Expenditures and disbursements from the Fund,
which shall be in the form of grants, shall be made by the State Treasurer on
warrants issued by the Comptroller upon written request signed by the Executive
Director.

C. 1. Beginning January 1, 2025, an eligible entity that uses port facilities in
the Commonwealth and increases its port cargo volume at these facilities by a
minimum of five percent in a single calendar year over its base year port cargo
volume shall be eligible to receive a grant from the Fund in an amount
determined by the Virginia Port Authority in accordance with subdivisions 2 and
3. The Virginia Port Authority may waive the requirement that port cargo volume
be increased by a minimum of five percent over base year port cargo volume for
any eligible entity that qualifies as a major facility.

   2. Eligible entities that increase their port cargo volume by a minimum of
   five percent in a calendar year shall be eligible to receive a grant in the
   amount of $50 for each TEU, unit of roll-on/roll-off cargo, or 16 net tons of
   noncontainerized cargo, as applicable, above the base year port cargo volume.
   An eligible entity that is a major facility as defined in this section shall
   be eligible to receive a grant in the amount of $50 for each TEU, unit of
   roll-on/roll-off cargo, or 16 net tons of noncontainerized cargo, as
   applicable, transported through a port facility during the major
   facility&#8217;s first calendar year. An eligible entity may not receive more
   than $250,000 for each calendar year. The maximum amount of grants allowed for
   all eligible entities pursuant to this section shall not exceed $3.8 million
   for each calendar year. In the event that the amount of eligible grants
   requested in a fiscal year exceeds the funds available in the Fund or $3.8
   million, such grants shall be paid in the next fiscal year in which funds are
   available. The Virginia Port Authority shall allocate the grants pursuant to
   the provisions of subdivision D.

   3. An eligible entity shall be eligible for a grant pursuant to this section
   only if the eligible entity owns the cargo at the time the port facilities are
   used.

D. For every year in which an eligible entity is applies for a grant, the
eligible entity shall submit an application to the Virginia Port Authority by
March 1 of the calendar year after the calendar year in which the increase in
port cargo volume occurs. The eligible entity shall attach a schedule to its
application with the following information and any other information requested
by the Virginia Port Authority:

   1. A description of how the base year port cargo volume and the increase in
   port cargo volume were determined;

   2. The amount of the base year port cargo volume; and

   3. The amount of the increase in port cargo volume for the calendar year
   stated both as a percentage increase and as a total increase in net tons of
   noncontainerized cargo, TEUs of cargo, and units of roll-on/roll-off cargo, as
   applicable, including information that demonstrates an increase in port cargo
   volume in excess of the minimum amount required to claim the grants awarded
   pursuant to this section.

E. The Virginia Port Authority shall not make awards under this section to
applicants who are receiving tax credits for under &#xA7; 58.1-439.12:10 for the
same cargo.

F. The Virginia Port Authority shall develop guidelines establishing procedures
and requirements for qualifying for grants under this section. The guidelines
shall be exempt from the Administrative Process Act (&#xA7; 2.2-4000 et seq.).

HISTORY: 2023, cc. 238, 239.