218 sections in this chapter.
W. Va. Code § 5B-12-2 Definitions
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(a) Any term used in this article has the meaning ascribed by this section unless a different meaning is clearly required by the context of its use or by definition in this article. (b) For purposes of this article, the term: "Affiliate" means an entity that directly, or indirect…
W. Va. Code § 5B-12-3 Program established; application
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(a) There is hereby created the WV First Small Business Growth Program, to be administered by the Department of Commerce. (b) A growth fund that seeks to have an equity investment certified as a capital investment eligible for credits authorized under the provisions of this artic…
W. Va. Code § 5B-12-4 Certification
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(a) The department shall certify capital investment authority under the provisions of this article in amounts that would not authorize more than $15 million in credits to be claimed against state tax liability in any calendar year, excluding any credit amounts carried forward as …
W. Va. Code § 5B-12-5 Tax credit established; recapture provisions
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(a) Upon making a capital investment in a growth fund, a growth investor shall have an earned and vested right to credits against such entity's state tax liability that may be utilized on each credit allowance date of such capital investment in an amount equal to the applicable p…
W. Va. Code § 5B-12-6 Investment prohibitions
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No eligible business that receives a qualified investment under the provisions of this article, or any affiliates of such eligible business, shall directly or indirectly: (1) Own or have the right to acquire an ownership interest in a growth fund or member or affiliate of a growt…
W. Va. Code § 5B-12-7 Annual reporting
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(a) Growth funds shall submit a report to the department by June 30 of each calendar year during the compliance period. The report following the third anniversary of the initial credit allowance date shall provide documentation as to the investment of 100 percent of the purchase …
W. Va. Code § 5B-13-1 Short title
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This article is and may be cited as the Strategic and Critical Resources Act.
W. Va. Code § 5B-13-2 Legislative findings and purpose
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(a) The Legislature finds that certain minerals and materials are essential to national security, the welfare of this state, energy reliability, critical infrastructure, and economic stability, and that their availability is vulnerable to supply disruptions. (b) The purpose of th…
W. Va. Code § 5B-13-3 Definitions
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As used in this article: "Extraction" means the mining, removal, production, or recovery of a strategic and critical resource by a person lawfully entitled to do so; "Strategic and critical resource" means any of the following items, to the extent intended to be or actually extra…
W. Va. Code § 5B-13-4 State preemption of local regulation
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(a) Except as provided in this section, a county or municipality may not enact nor enforce any ordinance, regulation, resolution, administrative act, or other local law that prohibits, restricts, limits, or otherwise regulates the extraction of any strategic and critical resource…
W. Va. Code § 5B-13-5 Federal and state law unaffected
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(a) This article does not limit the applicability of any federal law governing environmental protection, natural resources, or public health, nor any state statute or legislative rule enacted pursuant to such a federal law. (b) Except as expressly set forth in this article, this …
W. Va. Code § 5B-13-6 Rules
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(a) The Office of Energy shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article.
W. Va. Code § 5B-14-1 Definitions
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For purposes of this article: (1) "High-skill industry sector or occupation" means an industry sector or occupation identified as such by the West Virginia Workforce Development Board pursuant to the Carl D. Perkins Career and Technical Education Act under 20 U.S.C. § 2342 and th…
W. Va. Code § 5B-14-2 Approval of eligible workforce training programs
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(a) Upon application by an eligible institution that offers a short-term workforce training program, the Governor shall, in consultation with the West Virginia Workforce Development Board, approve the short-term workforce training program for eligibility for the Workforce Pell Gr…
W. Va. Code § 5B-14-3 Duties of the Workforce Development Board
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In consulting with the Governor in administering the Workforce Pell Grant program, and in collaboration with Workforce West Virginia, the West Virginia Workforce Development Board shall: (1) Establish an application process for eligible institutions offering short-term workforce …
W. Va. Code § 5B-14-4 Consistency with applicable federal law
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The provisions of this article shall be construed in a manner consistent with the provisions of H.R. 1, Public Law 119-21, Title VIII, Sec. 83002 (2025), and any applicable federal regulations promulgated thereunder. In the case of an inconsistency between the provisions of this …
W. Va. Code § 5B-14-5 Rulemaking
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Workforce West Virginia, in collaboration with the West Virginia Workforce Development Board, shall propose rules necessary to implement the provisions of this article for legislative approval pursuant to §29A-3-1 et seq. of this code.
W. Va. Code § 5B-14-6 Effective date
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The provisions of this article shall be effective July 1, 2026.