Chapter 5B, Chapter 5B

The Legislature hereby declares that the long-term value to the public of retaining networks of abandoned railroad corridor lines is substantial, not only for the preservation of corridors for future rail transportation uses, but in terms of providing interim recreational use, pr…

(a) The Secretary of Commerce is the chief executive officer of the department. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected. Any reference in this code to the Bureau of Commerce means t…

(a) As used in this section, the following words and terms have the following meanings: (1) “Continuum of Care” means the following health care providers or facilities, singularly or consecutively, that provide care for an individual: (A) Assisted Living residence, as regulated a…

(a) There is continued in the Department of Commerce the Marketing and Communications Office. The office is created to provide marketing and communications goods and services to other state agencies, departments, units of state or local government or other entity or person. (b) T…

There is continued within the state rail authority provided for in article eighteen, chapter twenty-nine of this code the “West Virginia Rails to Trails Program,” the purpose of which is to acquire or assist with the acquisition of, and to develop or assist with the development o…

(a) The Department of Commerce consists of the following agencies, boards, commissions, divisions, and offices, including all of the allied, advisory, affiliated, or related entities, which are incorporated in and administered as part of the Department of Commerce: (1) Division o…

(a) The secretary controls and supervises the department and is responsible for the work of each department employee. (b) The secretary has the power and authority specified in this article, in article two, chapter five-f of this code and as otherwise specified in this code. (c) …

(1) “Abandoned railroad rights-of-way” means land on which discontinuance of rail service has been authorized by the interstate commerce commission. (2) “Division” means the Division of Tourism and parks. (3) “Nonmotorized recreational trail use” means bicycle, hiking, cross-coun…

The state rail authority is authorized to: (1) Enter into agreements with any person on behalf of the state to acquire an interest in any abandoned railroad right-of-way, to develop, maintain or promote any rail trails created pursuant to the provisions of this article and, with …

The secretary shall report annually to the Governor concerning the conduct of the department and make other reports as the Governor may require.

The secretary may delegate his or her powers and duties to assistants and employees, but the secretary is responsible for all official acts of the department.

(a) The state rail authority shall hold fee simple title or any lesser interest in land, including easements and leaseholds, on all abandoned railroad rights-of-way acquired by the state and utilized for interim nonmotorized recreational trail use pursuant to the provisions of th…

(a) Information provided to secretary under expectation of confidentiality. -- Information that would be confidential under the laws of this state when provided to a division, agency, board, commission or office within the department is confidential when that information is provi…

(a) No abandoned railroad right-of-way acquired by the state prior to the effective date of this article and used as a rail trail may be used for any purpose that would unreasonably limit the ability to restore rail service over the right-of-way if such service were to be require…

Any governmental entity may appeal to the Governor for review upon a showing that application of the secretary's authority may interfere with the successful functioning of that entity. The Governor's decision controls on appeal.

(a) Upon receipt of a notice to abandon a railroad right-of-way by the owner thereof, the commissioner may enter into an agreement with the owners of the railroad right-of-way to preserve intact the railroad right-of-way for a period of time not to exceed three months to afford t…

(a) The Department of Commerce is authorized to make short-term, low-interest loans available to small businesses located in counties listed in a state declaration of a state of emergency. The purpose of these loans is to mitigate the effects of business losses resulting from the…

During the interim period when an abandoned railroad right-of-way is held by the state for possible future railroad use, the owner of the railroad right-of-way from whom the state acquired the land or an interest therein is relieved from civil liability for any personal injury or…

(a) General rule. -- Except as specifically recognized or provided in subsection (d) of this section, an owner or lessee who provides the public with land for use as a trail under this article or who owns land adjoining any trail developed under this article owes no duty of care …

(a) The Department of Commerce may assist qualifying tourism development projects and tourism development expansion projects by approved companies pursuant to §5B-2E-1 et seq. of this code which are located in, or partially in, municipalities with a population of 2,000 or less, e…

This article may be cited as the West Virginia Youth Summer Employment and Career Readiness Act.

This article shall be known as the Voluntary Rural and Outdoor Heritage Conservation Act.

This article shall be referred to as the "West Virginia Tourism Development Act."

This article shall be known and cited as the “Natural Gas Liquids Economic Development Act.”

This article shall be known and cited as the "Marcellus Gas and Manufacturing Development Act."

This article shall be known and cited as the Comprehensive Grid Stabilization and Energy Security Act of 2026.

This article shall be known and may be cited as the “West Virginia Guaranteed Work Force Program.”

This article shall be known and may be cited as the West Virginia Workforce Innovation and Opportunity Act.

(a) The Legislature hereby finds that educational and economic development require an integrated program of support for research and development, assistance in the transfer of technological innovations and discoveries to public and private enterprises and facilitation of the comm…

It is the policy of this state to promote the development of a network of vertiports that will provide equitable access to citizens of this state who may benefit from advanced air mobility operations for cargo and passenger service, and to avoid any vertiport monopolization or di…

This article shall be known and cited as the Comprehensive Energy Policy and Development Plan Act of 2026.

(a) Definitions: (1) "Business" means any company, cooperative, corporation, partnership, sole proprietorship, or other legal entity organized or operating for pecuniary or nonpecuniary benefit. (2) "Entrepreneur" means an individual who initiates or leads the formation or growth…

The Legislature hereby finds and declares the following: (a) Coal mining has made and continues to make significant contributions to the economy of West Virginia. These contributions include the creation of quality jobs that pay high wages and provide good benefits; the consequen…

(a) The West Virginia Division of Economic Development, formerly the Department of Economic Development and formerly the Development Office, is hereby continued as a division of the Department of Commerce. (b) All references in this code to the West Virginia Department of Economi…

This article shall be known and cited as the West Virginia Tourism Act of 2017.

This article shall be known as the Coalfield Grant Facilitation Act of 2022.

This article shall be known as the BUILD WV Act.

The Development Office shall report annually to the Joint Commission on Economic Development by December 1 of each year on the number of applications received from eligible companies as provided in this article, the identity of each eligible company, whether the eligible company …

The tourism advisory council, the Division of Economic Development, and any other authorities, boards, commissions, corporations or other entities created or amended under this chapter and §18B-11-1 et seq. of this code, shall prepare and submit to the Joint Committee on Governme…

(a) Amount of credit. (1) The amount of total property value adjustment tax credit allowed to an eligible taxpayer is the final product of the mathematical steps specified in paragraphs (A), (B) and (C) of this subdivision. (A) Approved costs, as certified by the Department of Ec…

Any employer partner, and any officer, employee, or agent of an employer partner, who in good faith participates in the program and complies with the provisions of this article and any rules promulgated thereunder is immune from any civil, criminal, or administrative liability ar…

(a) Application of annual property value adjustment tax credit against personal income tax or corporate net income tax. — The amount of the property value adjustment tax credit shall be taken against the tax liabilities of the eligible taxpayer for the current taxable year impose…

The office shall establish a procedure to assist property owners who desire voluntarily to sell their property to the operator or any person, firm or corporation directly or indirectly affiliated with the operator. The procedure developed shall be subject to the following: (1) Th…

The Division of Economic Development may not accept any new project application after December 31, 2030, and all applications submitted prior to January 1, 2031, that have not been previously approved or not approved, shall be deemed not approved and shall be null and void as of …

The office shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to establish, implement and enforce the provisions of this article, which rules shall include, but not be limited to: (1) The development of standards for establishing the val…

(a) Transfer or sale of assets. — (1) Where there has been a sale or transfer of the certified BUILD WV project assets from an eligible taxpayer to any other person or entity, the eligible taxpayer retains entitlement to the property value adjustment tax credit. Credit entitlemen…

(a) If it appears upon audit or otherwise that any person or entity has taken the property value adjustment tax credit against tax and was not entitled to take the credit, then the credit improperly taken shall be recaptured. Amended returns shall be filed for any tax year for wh…

The certified development community program is continued and is transferred to, incorporated in and administered as a program of the Division of Economic Development. The program shall provide funding assistance to the participating economic development corporations or authoritie…

(a) A certified BUILD WV district may be designated upon the agreement, in writing, of the following officials: the Secretary of the Department of Economic Development, the Secretary of the Department of Tourism, and the Secretary of the Department of Commerce. (b) A certified di…

(a) Definitions. — (1) General. — Terms defined in this section have the meanings ascribed to them by this section, unless a different meaning is clearly required by either the context in which the term is used, or by specific definition in this section. (2) Terms Defined. — "Con…