"Affiliate" means the same as such term is defined in § 59.1-284.20.
"Capital investment" means the same as such term is defined in §59.1-284.20.
"Eligible county" means Prince George County.
"Grant" means the aerospace engine manufacturing supplier cluster bonusperformance grant as described in this section.
"Memorandum of understanding" means a performance agreement entered intoaccordance with a memorandum of understanding entered into on November 20,2007, among a qualified manufacturer, the Commonwealth, and others settingforth the requirements for capital investment and the creation of newfull-time jobs by qualified suppliers that will make the qualifiedmanufacturer eligible for a grant under this section.
"New full-time job" means employment of an indefinite duration in theCommonwealth, created as the direct result of new capital investment, forwhich the average annual wage is at least equal to the prevailing averageannual wage in the applicable locality and for which the standard fringebenefits are paid by the qualified supplier, requiring a minimum of either(i) 35 hours of an employee's time per week for the entire normal year ofsuch supplier's operations, which "normal year" must consist of at least 48weeks or (ii) 1,680 hours per year. Seasonal or temporary positions, andpositions created when a job function is shifted from an existing location inthe Commonwealth shall not qualify as new full-time jobs under this section.
"Qualified manufacturer" means the same as such term is defined in §59.1-284.20.
"Qualified supplier" means a manufacturer, assembler, distributor, orservice provider on a qualified supplier list that (i) first begins doingbusiness at a location within the Commonwealth or (ii) expands its businessat a location within the Commonwealth subsequent to a qualified manufacturercommencing construction of a manufacturing, assembly, and testing facility inan eligible county. A "qualified supplier" shall deliver or provideancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or provide ancillary services within theCommonwealth for such qualified manufacturer. A qualified supplier shall notbe an affiliate of a qualified manufacturer.
"Qualified supplier cluster" means the aggregate of qualified suppliers.
"Qualified supplier list" means a list of prospective qualified supplierssubmitted by a qualified manufacturer to the Secretary no less frequentlythan annually.
"Secretary" means the Secretary of Commerce and Trade or his designee.
B. 1. Any qualified manufacturer who attracted a qualified supplier on itsqualified supplier list (i) first beginning to do business at a locationwithin the Commonwealth subsequent to the qualified manufacturer commencingconstruction in an eligible county or (ii) expanding its business at alocation within the Commonwealth subsequent to the qualified manufacturercommencing construction in an eligible county shall be eligible for a grantunder this section. However, no grant shall be paid to the qualifiedmanufacturer unless the qualified supplier cluster (all of which qualifiedsuppliers are on the qualified supplier list) subsequent to the qualifiedmanufacturer commencing construction in an eligible county makes theaggregate capital investment and meets the new full-time job requirements asset forth in this section. The grants under this section (a) shall be paid,subject to appropriation by the General Assembly, from a fund entitled theAerospace Engine Manufacturing Supplier Cluster Grant Fund, which Fund ishereby established on the books of the Comptroller, (b) shall not exceed $5million in the aggregate, and (c) shall be paid, as provided in this section,to the qualified manufacturer subject to the conditions of this section beingmet.
2. If the qualified supplier cluster has, subsequent to the qualifiedmanufacturer commencing construction in an eligible county, (i) created andsubstantially retained at least 150 new full-time jobs within theCommonwealth, (ii) made and substantially retained at least $25 million worthof capital investment within the Commonwealth, and (iii) made a writtencertification to the Secretary that its decision to create such new full-timejobs and make such capital investment was based in part by the location ofthe qualified manufacturer and was in part for a purpose of providingancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or for providing ancillary serviceswithin the Commonwealth for such qualified manufacturer, then a grant paymentin the amount of $2.5 million shall be paid to the qualified manufacturer asprovided in subsection E. If the qualified supplier cluster has, subsequentto the qualified manufacturer commencing construction in an eligible county,(a) created and substantially retained at least 300 new full-time jobs withinthe Commonwealth, (b) made and substantially retained at least $50 millionworth of capital investment within the Commonwealth, and (c) made a writtencertification to the Secretary that its decision to create such new full-timejobs and make such capital investment was based in part by the location ofthe qualified manufacturer and was in part for a purpose of providingancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or for providing ancillary serviceswithin the Commonwealth for such qualified manufacturer, then an aggregateamount of $5 million in grants shall be paid to the qualified manufacturer asprovided in subsection E. In no case, however, shall the aggregate amount ofgrants payable to all qualified manufacturers pursuant to this section exceed$5 million and in no case shall more than $2.5 million in grants pursuant tothis section be paid in a fiscal year. Upon receipt of such writtencertification by the qualified supplier cluster, the Secretary shall promptlynotify the qualified manufacturer of the same for purposes of applying for agrant under this section.
The memorandum of understanding may provide that a qualified manufacturershall be eligible for a reduced grant payment if at least 100 new full-timejobs have been created and substantially retained and at least one-third ofthe full $50 million capital investment has been made and substantiallyretained by the qualified supplier cluster. As described in the memorandum ofunderstanding, in such case the reduction in the grant payments shall beproportional to the reduction in the new full-time jobs created andsubstantially retained and the reduction in the capital investment. Further,the memorandum of understanding may provide for deferred grant payments ifthe capital investment and the new full-time jobs have been met, but asubstantial reduction occurs in the capital investment or new full-time jobrequirements between the date such requirements were met and the date thegrant payment is to be made.
C. If grants to be paid to qualified manufacturers under this section exceedthe aggregate amount of grants payable in a fiscal year, each eligiblequalified manufacturer's grant for the year shall equal the amount of thegrant to which the qualified manufacturer would otherwise be entitledmultiplied by a fraction. The numerator of the fraction shall equal theamount of the grant payable in the fiscal year, and the denominator shallequal the aggregate dollar amount of requests for grants to which allqualified manufacturers otherwise would be eligible for such fiscal year.
D. Any qualified manufacturer applying for a grant under this section shallprovide evidence, satisfactory to the Secretary, of (i) the number of newfull-time jobs created and substantially retained by a qualified supplier ona qualified supplier list as described in subdivision B 2, and (ii) theaggregate capital investment made and substantially retained by a qualifiedsupplier on a qualified supplier list as described in subdivision B 2. Theapplication and evidence shall be filed with the Secretary in person or bymail by between July 1 and August 31.
E. Within 30 days after filing of the application described in subsection D,the Secretary shall certify to (i) the Comptroller and (ii) each qualifiedmanufacturer the amount of the grant to which such qualified manufacturer isentitled under this section. Payment of such grant shall be made by checkissued by the Treasurer of Virginia on warrant of the Comptroller, and suchpayment shall be made in the fiscal year that immediately follows the fiscalyear in which the qualified manufacturer had applied for the grant.
F. As a condition of receipt of a grant, a qualified manufacturer shall makeavailable to the Secretary or his designee for inspection upon his requestall relevant and applicable documents to determine the aggregate number ofnew full-time jobs created by the qualified supplier cluster as described insubdivision B 2, the average wages paid for such jobs, the prevailing averagewage in the localities in which such jobs are located, and the aggregateamount of capital investment made by the qualified supplier cluster asdescribed in subdivision B 2.
The Comptroller shall not draw any warrants to issue checks for any grantunder this section without a specific legislative appropriation. All suchdocuments appropriately identified by the qualified manufacturer shall beconsidered confidential and proprietary.
"Affiliate" means the same as such term is defined in § 59.1-284.20.
"Capital investment" means the same as such term is defined in §59.1-284.20.
"Eligible county" means Prince George County.
"Grant" means the aerospace engine manufacturing supplier cluster bonusperformance grant as described in this section.
"Memorandum of understanding" means a performance agreement entered intoaccordance with a memorandum of understanding entered into on November 20,2007, among a qualified manufacturer, the Commonwealth, and others settingforth the requirements for capital investment and the creation of newfull-time jobs by qualified suppliers that will make the qualifiedmanufacturer eligible for a grant under this section.
"New full-time job" means employment of an indefinite duration in theCommonwealth, created as the direct result of new capital investment, forwhich the average annual wage is at least equal to the prevailing averageannual wage in the applicable locality and for which the standard fringebenefits are paid by the qualified supplier, requiring a minimum of either(i) 35 hours of an employee's time per week for the entire normal year ofsuch supplier's operations, which "normal year" must consist of at least 48weeks or (ii) 1,680 hours per year. Seasonal or temporary positions, andpositions created when a job function is shifted from an existing location inthe Commonwealth shall not qualify as new full-time jobs under this section.
"Qualified manufacturer" means the same as such term is defined in §59.1-284.20.
"Qualified supplier" means a manufacturer, assembler, distributor, orservice provider on a qualified supplier list that (i) first begins doingbusiness at a location within the Commonwealth or (ii) expands its businessat a location within the Commonwealth subsequent to a qualified manufacturercommencing construction of a manufacturing, assembly, and testing facility inan eligible county. A "qualified supplier" shall deliver or provideancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or provide ancillary services within theCommonwealth for such qualified manufacturer. A qualified supplier shall notbe an affiliate of a qualified manufacturer.
"Qualified supplier cluster" means the aggregate of qualified suppliers.
"Qualified supplier list" means a list of prospective qualified supplierssubmitted by a qualified manufacturer to the Secretary no less frequentlythan annually.
"Secretary" means the Secretary of Commerce and Trade or his designee.
B. 1. Any qualified manufacturer who attracted a qualified supplier on itsqualified supplier list (i) first beginning to do business at a locationwithin the Commonwealth subsequent to the qualified manufacturer commencingconstruction in an eligible county or (ii) expanding its business at alocation within the Commonwealth subsequent to the qualified manufacturercommencing construction in an eligible county shall be eligible for a grantunder this section. However, no grant shall be paid to the qualifiedmanufacturer unless the qualified supplier cluster (all of which qualifiedsuppliers are on the qualified supplier list) subsequent to the qualifiedmanufacturer commencing construction in an eligible county makes theaggregate capital investment and meets the new full-time job requirements asset forth in this section. The grants under this section (a) shall be paid,subject to appropriation by the General Assembly, from a fund entitled theAerospace Engine Manufacturing Supplier Cluster Grant Fund, which Fund ishereby established on the books of the Comptroller, (b) shall not exceed $5million in the aggregate, and (c) shall be paid, as provided in this section,to the qualified manufacturer subject to the conditions of this section beingmet.
2. If the qualified supplier cluster has, subsequent to the qualifiedmanufacturer commencing construction in an eligible county, (i) created andsubstantially retained at least 150 new full-time jobs within theCommonwealth, (ii) made and substantially retained at least $25 million worthof capital investment within the Commonwealth, and (iii) made a writtencertification to the Secretary that its decision to create such new full-timejobs and make such capital investment was based in part by the location ofthe qualified manufacturer and was in part for a purpose of providingancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or for providing ancillary serviceswithin the Commonwealth for such qualified manufacturer, then a grant paymentin the amount of $2.5 million shall be paid to the qualified manufacturer asprovided in subsection E. If the qualified supplier cluster has, subsequentto the qualified manufacturer commencing construction in an eligible county,(a) created and substantially retained at least 300 new full-time jobs withinthe Commonwealth, (b) made and substantially retained at least $50 millionworth of capital investment within the Commonwealth, and (c) made a writtencertification to the Secretary that its decision to create such new full-timejobs and make such capital investment was based in part by the location ofthe qualified manufacturer and was in part for a purpose of providingancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or for providing ancillary serviceswithin the Commonwealth for such qualified manufacturer, then an aggregateamount of $5 million in grants shall be paid to the qualified manufacturer asprovided in subsection E. In no case, however, shall the aggregate amount ofgrants payable to all qualified manufacturers pursuant to this section exceed$5 million and in no case shall more than $2.5 million in grants pursuant tothis section be paid in a fiscal year. Upon receipt of such writtencertification by the qualified supplier cluster, the Secretary shall promptlynotify the qualified manufacturer of the same for purposes of applying for agrant under this section.
The memorandum of understanding may provide that a qualified manufacturershall be eligible for a reduced grant payment if at least 100 new full-timejobs have been created and substantially retained and at least one-third ofthe full $50 million capital investment has been made and substantiallyretained by the qualified supplier cluster. As described in the memorandum ofunderstanding, in such case the reduction in the grant payments shall beproportional to the reduction in the new full-time jobs created andsubstantially retained and the reduction in the capital investment. Further,the memorandum of understanding may provide for deferred grant payments ifthe capital investment and the new full-time jobs have been met, but asubstantial reduction occurs in the capital investment or new full-time jobrequirements between the date such requirements were met and the date thegrant payment is to be made.
C. If grants to be paid to qualified manufacturers under this section exceedthe aggregate amount of grants payable in a fiscal year, each eligiblequalified manufacturer's grant for the year shall equal the amount of thegrant to which the qualified manufacturer would otherwise be entitledmultiplied by a fraction. The numerator of the fraction shall equal theamount of the grant payable in the fiscal year, and the denominator shallequal the aggregate dollar amount of requests for grants to which allqualified manufacturers otherwise would be eligible for such fiscal year.
D. Any qualified manufacturer applying for a grant under this section shallprovide evidence, satisfactory to the Secretary, of (i) the number of newfull-time jobs created and substantially retained by a qualified supplier ona qualified supplier list as described in subdivision B 2, and (ii) theaggregate capital investment made and substantially retained by a qualifiedsupplier on a qualified supplier list as described in subdivision B 2. Theapplication and evidence shall be filed with the Secretary in person or bymail by between July 1 and August 31.
E. Within 30 days after filing of the application described in subsection D,the Secretary shall certify to (i) the Comptroller and (ii) each qualifiedmanufacturer the amount of the grant to which such qualified manufacturer isentitled under this section. Payment of such grant shall be made by checkissued by the Treasurer of Virginia on warrant of the Comptroller, and suchpayment shall be made in the fiscal year that immediately follows the fiscalyear in which the qualified manufacturer had applied for the grant.
F. As a condition of receipt of a grant, a qualified manufacturer shall makeavailable to the Secretary or his designee for inspection upon his requestall relevant and applicable documents to determine the aggregate number ofnew full-time jobs created by the qualified supplier cluster as described insubdivision B 2, the average wages paid for such jobs, the prevailing averagewage in the localities in which such jobs are located, and the aggregateamount of capital investment made by the qualified supplier cluster asdescribed in subdivision B 2.
The Comptroller shall not draw any warrants to issue checks for any grantunder this section without a specific legislative appropriation. All suchdocuments appropriately identified by the qualified manufacturer shall beconsidered confidential and proprietary.
"Affiliate" means the same as such term is defined in § 59.1-284.20.
"Capital investment" means the same as such term is defined in §59.1-284.20.
"Eligible county" means Prince George County.
"Grant" means the aerospace engine manufacturing supplier cluster bonusperformance grant as described in this section.
"Memorandum of understanding" means a performance agreement entered intoaccordance with a memorandum of understanding entered into on November 20,2007, among a qualified manufacturer, the Commonwealth, and others settingforth the requirements for capital investment and the creation of newfull-time jobs by qualified suppliers that will make the qualifiedmanufacturer eligible for a grant under this section.
"New full-time job" means employment of an indefinite duration in theCommonwealth, created as the direct result of new capital investment, forwhich the average annual wage is at least equal to the prevailing averageannual wage in the applicable locality and for which the standard fringebenefits are paid by the qualified supplier, requiring a minimum of either(i) 35 hours of an employee's time per week for the entire normal year ofsuch supplier's operations, which "normal year" must consist of at least 48weeks or (ii) 1,680 hours per year. Seasonal or temporary positions, andpositions created when a job function is shifted from an existing location inthe Commonwealth shall not qualify as new full-time jobs under this section.
"Qualified manufacturer" means the same as such term is defined in §59.1-284.20.
"Qualified supplier" means a manufacturer, assembler, distributor, orservice provider on a qualified supplier list that (i) first begins doingbusiness at a location within the Commonwealth or (ii) expands its businessat a location within the Commonwealth subsequent to a qualified manufacturercommencing construction of a manufacturing, assembly, and testing facility inan eligible county. A "qualified supplier" shall deliver or provideancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or provide ancillary services within theCommonwealth for such qualified manufacturer. A qualified supplier shall notbe an affiliate of a qualified manufacturer.
"Qualified supplier cluster" means the aggregate of qualified suppliers.
"Qualified supplier list" means a list of prospective qualified supplierssubmitted by a qualified manufacturer to the Secretary no less frequentlythan annually.
"Secretary" means the Secretary of Commerce and Trade or his designee.
B. 1. Any qualified manufacturer who attracted a qualified supplier on itsqualified supplier list (i) first beginning to do business at a locationwithin the Commonwealth subsequent to the qualified manufacturer commencingconstruction in an eligible county or (ii) expanding its business at alocation within the Commonwealth subsequent to the qualified manufacturercommencing construction in an eligible county shall be eligible for a grantunder this section. However, no grant shall be paid to the qualifiedmanufacturer unless the qualified supplier cluster (all of which qualifiedsuppliers are on the qualified supplier list) subsequent to the qualifiedmanufacturer commencing construction in an eligible county makes theaggregate capital investment and meets the new full-time job requirements asset forth in this section. The grants under this section (a) shall be paid,subject to appropriation by the General Assembly, from a fund entitled theAerospace Engine Manufacturing Supplier Cluster Grant Fund, which Fund ishereby established on the books of the Comptroller, (b) shall not exceed $5million in the aggregate, and (c) shall be paid, as provided in this section,to the qualified manufacturer subject to the conditions of this section beingmet.
2. If the qualified supplier cluster has, subsequent to the qualifiedmanufacturer commencing construction in an eligible county, (i) created andsubstantially retained at least 150 new full-time jobs within theCommonwealth, (ii) made and substantially retained at least $25 million worthof capital investment within the Commonwealth, and (iii) made a writtencertification to the Secretary that its decision to create such new full-timejobs and make such capital investment was based in part by the location ofthe qualified manufacturer and was in part for a purpose of providingancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or for providing ancillary serviceswithin the Commonwealth for such qualified manufacturer, then a grant paymentin the amount of $2.5 million shall be paid to the qualified manufacturer asprovided in subsection E. If the qualified supplier cluster has, subsequentto the qualified manufacturer commencing construction in an eligible county,(a) created and substantially retained at least 300 new full-time jobs withinthe Commonwealth, (b) made and substantially retained at least $50 millionworth of capital investment within the Commonwealth, and (c) made a writtencertification to the Secretary that its decision to create such new full-timejobs and make such capital investment was based in part by the location ofthe qualified manufacturer and was in part for a purpose of providingancillary parts, tools, or other components used by the qualifiedmanufacturer within the Commonwealth or for providing ancillary serviceswithin the Commonwealth for such qualified manufacturer, then an aggregateamount of $5 million in grants shall be paid to the qualified manufacturer asprovided in subsection E. In no case, however, shall the aggregate amount ofgrants payable to all qualified manufacturers pursuant to this section exceed$5 million and in no case shall more than $2.5 million in grants pursuant tothis section be paid in a fiscal year. Upon receipt of such writtencertification by the qualified supplier cluster, the Secretary shall promptlynotify the qualified manufacturer of the same for purposes of applying for agrant under this section.
The memorandum of understanding may provide that a qualified manufacturershall be eligible for a reduced grant payment if at least 100 new full-timejobs have been created and substantially retained and at least one-third ofthe full $50 million capital investment has been made and substantiallyretained by the qualified supplier cluster. As described in the memorandum ofunderstanding, in such case the reduction in the grant payments shall beproportional to the reduction in the new full-time jobs created andsubstantially retained and the reduction in the capital investment. Further,the memorandum of understanding may provide for deferred grant payments ifthe capital investment and the new full-time jobs have been met, but asubstantial reduction occurs in the capital investment or new full-time jobrequirements between the date such requirements were met and the date thegrant payment is to be made.
C. If grants to be paid to qualified manufacturers under this section exceedthe aggregate amount of grants payable in a fiscal year, each eligiblequalified manufacturer's grant for the year shall equal the amount of thegrant to which the qualified manufacturer would otherwise be entitledmultiplied by a fraction. The numerator of the fraction shall equal theamount of the grant payable in the fiscal year, and the denominator shallequal the aggregate dollar amount of requests for grants to which allqualified manufacturers otherwise would be eligible for such fiscal year.
D. Any qualified manufacturer applying for a grant under this section shallprovide evidence, satisfactory to the Secretary, of (i) the number of newfull-time jobs created and substantially retained by a qualified supplier ona qualified supplier list as described in subdivision B 2, and (ii) theaggregate capital investment made and substantially retained by a qualifiedsupplier on a qualified supplier list as described in subdivision B 2. Theapplication and evidence shall be filed with the Secretary in person or bymail by between July 1 and August 31.
E. Within 30 days after filing of the application described in subsection D,the Secretary shall certify to (i) the Comptroller and (ii) each qualifiedmanufacturer the amount of the grant to which such qualified manufacturer isentitled under this section. Payment of such grant shall be made by checkissued by the Treasurer of Virginia on warrant of the Comptroller, and suchpayment shall be made in the fiscal year that immediately follows the fiscalyear in which the qualified manufacturer had applied for the grant.
F. As a condition of receipt of a grant, a qualified manufacturer shall makeavailable to the Secretary or his designee for inspection upon his requestall relevant and applicable documents to determine the aggregate number ofnew full-time jobs created by the qualified supplier cluster as described insubdivision B 2, the average wages paid for such jobs, the prevailing averagewage in the localities in which such jobs are located, and the aggregateamount of capital investment made by the qualified supplier cluster asdescribed in subdivision B 2.
The Comptroller shall not draw any warrants to issue checks for any grantunder this section without a specific legislative appropriation. All suchdocuments appropriately identified by the qualified manufacturer shall beconsidered confidential and proprietary.
