{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-5100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-5100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-5100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-5100.html"}],"law_id":56246,"edition_id":1,"section_id":56246,"structure_id":14627,"section_number":"2.2-5100","catch_line":"Short title; definitions","history":"1999, cc. 875, 961, \u00a7\u00a7 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.","full_text":"A\n\nThis chapter shall be known and may be cited as the “Virginia Investment Partnership Act.”B\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t\t“Average manufacturing wage” 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.\n\t\t\t“Average nonmanufacturing wage” 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.\n\t\t\t“Basic employment” means employment that brings new or additional income into Virginia and adds to the gross state product.\n\t\t\t“Capital investment” 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.\n\t\t\t“Eligible company” 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:\n\t\t\ta. (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\n\t\t\tb. makes a capital investment of at least $5 million or $6,500 per job, whichever is greater.\n\t\t\tFor all companies located elsewhere in Virginia, “eligible company” 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.\n\t\t\t“Eligible manufacturer or research and development service” 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.\n\t\t\t“Eligible research and development service” 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.\n\t\t\t“Existing Virginia manufacturer” 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.\n\t\t\t“Flawed product” means an irregular unit of goods that cannot be sold to an end user.\n\t\t\t“Fund” means the Virginia Investment Partnership Grant Fund created pursuant to § 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.\n\t\t\t“Major eligible employer” 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.\n\t\t\t“Manufacturer” 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.\n\t\t\t“Net present value of benefits to Virginia” 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.\n\t\t\t“New job” 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’s time a week for the entire normal year of the firm’s operations, which “normal year” 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.\n\t\t\t“Partnership” means the Virginia Economic Development Partnership.\n\t\t\t“Prevailing Average Wage” 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.\n\t\t\t“Productivity” means the number of hours of labor required to produce a unit of goods.\n\t\t\t“Research and development service” 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.\n\t\t\t“Secretary” means the Secretary of Commerce and Trade.","order_by":null,"text":{"0":{"id":206010,"text":"This chapter shall be known and may be cited as the “Virginia Investment Partnership Act.”","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206011,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Average manufacturing wage” 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.\n\t\t\t“Average nonmanufacturing wage” 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.\n\t\t\t“Basic employment” means employment that brings new or additional income into Virginia and adds to the gross state product.\n\t\t\t“Capital investment” 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.\n\t\t\t“Eligible company” 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:\n\t\t\ta. (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\n\t\t\tb. makes a capital investment of at least $5 million or $6,500 per job, whichever is greater.\n\t\t\tFor all companies located elsewhere in Virginia, “eligible company” 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.\n\t\t\t“Eligible manufacturer or research and development service” 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.\n\t\t\t“Eligible research and development service” 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.\n\t\t\t“Existing Virginia manufacturer” 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.\n\t\t\t“Flawed product” means an irregular unit of goods that cannot be sold to an end user.\n\t\t\t“Fund” means the Virginia Investment Partnership Grant Fund created pursuant to § 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.\n\t\t\t“Major eligible employer” 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.\n\t\t\t“Manufacturer” 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.\n\t\t\t“Net present value of benefits to Virginia” 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.\n\t\t\t“New job” 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’s time a week for the entire normal year of the firm’s operations, which “normal year” 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.\n\t\t\t“Partnership” means the Virginia Economic Development Partnership.\n\t\t\t“Prevailing Average Wage” 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.\n\t\t\t“Productivity” means the number of hours of labor required to produce a unit of goods.\n\t\t\t“Research and development service” 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.\n\t\t\t“Secretary” means the Secretary of Commerce and Trade.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14627,"edition_id":1,"name":"Virginia Investment Partnership Act","identifier":"51","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:48:58","date_modified":"2026-06-26 03:48:58","permalink":{"id":177751,"object_type":"structure","relational_id":14627,"identifier":"51","token":"2.2\/II\/B\/51","url":"\/2.2\/II\/B\/51\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56246,"structure_id":14627,"section_number":"2.2-5100","catch_line":"Short title; definitions","url":"\/2.2-5100\/","token":"2.2\/II\/B\/51\/2.2-5100","metadata":false},{"id":69324,"structure_id":14627,"section_number":"2.2-5101","catch_line":"Virginia investment performance grants","url":"\/2.2-5101\/","token":"2.2\/II\/B\/51\/2.2-5101","metadata":false},{"id":56174,"structure_id":14627,"section_number":"2.2-5102","catch_line":"Performance grant for major eligible manufacturers","url":"\/2.2-5102\/","token":"2.2\/II\/B\/51\/2.2-5102","metadata":false},{"id":68478,"structure_id":14627,"section_number":"2.2-5102.1","catch_line":"Virginia economic development incentive grants","url":"\/2.2-5102.1\/","token":"2.2\/II\/B\/51\/2.2-5102.1","metadata":false},{"id":67038,"structure_id":14627,"section_number":"2.2-5103","catch_line":"Requirements for grants generally","url":"\/2.2-5103\/","token":"2.2\/II\/B\/51\/2.2-5103","metadata":false},{"id":75562,"structure_id":14627,"section_number":"2.2-5104","catch_line":"Virginia Investment Partnership Grant Fund","url":"\/2.2-5104\/","token":"2.2\/II\/B\/51\/2.2-5104","metadata":false}],"next_section":{"id":69324,"structure_id":14627,"section_number":"2.2-5101","catch_line":"Virginia investment performance grants","url":"\/2.2-5101\/","token":"2.2\/II\/B\/51\/2.2-5101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-5100\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 875<\/a> and 961<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 571<\/a>; in 2001, chapter 844<\/a>; in 2003, chapter 17<\/a>; in 2005, chapter 431<\/a>; in 2009, chapters 151<\/a> and 174<\/a>; in 2012, chapters 196<\/a> and 407<\/a>.<\/p>","references":[{"id":54703,"section_number":"10.1-1422.06","catch_line":"Beneficiation facility as manufacturer for grant purposes","order_by":null,"url":"\/10.1-1422.06\/"}],"refers_to":[{"id":75562,"section_number":"2.2-5104","catch_line":"Virginia Investment Partnership Grant Fund","order_by":null,"url":"\/2.2-5104\/"}],"permalink":{"id":177753,"object_type":"law","relational_id":56246,"identifier":"2.2-5100","token":"2.2\/II\/B\/51\/2.2-5100","url":"\/2.2-5100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-5100\/","token":"2.2\/II\/B\/51\/2.2-5100","dublin_core":{"Title":"Short title; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-5100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> This chapter shall be known and may be cited as the “Virginia Investment Partnership<\/span> Act.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Average manufacturing wage<\/span>” 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.\n\t\t\t“Average nonmanufacturing wage<\/span>” means that amount determined by the Virginia Employment Commission to be the average wage paid nonmanufacturing workers in basic employment<\/span> in a locality or region of the Commonwealth.\n\t\t\t“Basic employment<\/span>” means employment that brings new or additional income into Virginia and adds to the gross state product.\n\t\t\t“Capital investment<\/span>” 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<\/span> 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<\/span> to qualify as a capital investment<\/span>, an investment in technology shall result in a measurable increase in capacity or productivity<\/span>, a measurable decrease in the production of flawed product<\/span>, or both. Expenditures for maintenance, replacement or repair of existing machinery, tools and real property shall not constitute a capital investment<\/span>; however, expenditures for the replacement of property shall not be ineligible for designation as a capital investment<\/span> if such replacement results in a measurable increase in productivity<\/span>.\n\t\t\t“Eligible company<\/span>” 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:\n\t\t\ta. (i) creates or causes to be created at least 400 jobs with average salaries at least 50 percent greater than the Prevailing Average Wage<\/span> 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<\/span>, and\n\t\t\tb. makes a capital investment<\/span> of at least $5 million or $6,500 per job, whichever is greater.\n\t\t\tFor all companies located elsewhere in Virginia, “eligible company<\/span>” 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<\/span>, and making a capital investment<\/span> of at least $6,500 per job.\n\t\t\t“Eligible manufacturer or research and development service<\/span><\/span>” means an existing Virginia manufacturer<\/span> or research and development service<\/span> that makes a capital investment<\/span> 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<\/span> 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<\/span><\/span>.\n\t\t\t“Eligible research and development service<\/span><\/span>” means an existing Virginia research and development service<\/span> that supports manufacturing and that makes a capital investment<\/span> of at least $25 million, which investment does not result in any net reduction in employment within one year after the capital investment<\/span> has been completed and verified. Any entity participating in any other production grant program in the Commonwealth shall not be eligible.\n\t\t\t“Existing Virginia manufacturer<\/span>” 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<\/span> that makes it an eligible manufacturer.\n\t\t\t“Flawed product<\/span>” means an irregular unit of goods that cannot be sold to an end user.\n\t\t\t“Fund<\/span>” means the Virginia Investment Partnership<\/span> Grant Fund<\/span> created pursuant to § 2.2-5104<\/a>, comprised of (i) the Major Eligible Employer<\/span> Grant subfund, (ii) the Investment Performance Grant subfund, and (iii) the Economic Development Incentive Grant subfund.\n\t\t\t“Major eligible employer<\/span>” means an existing Virginia manufacturer<\/span> or any other nonmanufacturing basic employer that makes a capital investment<\/span> of at least $100 million and creates at least 1,000 jobs, or corporate headquarters and other basic employers that make a capital investment<\/span> of at least $100 million and create at least 400 jobs paying at least twice the prevailing average wage<\/span> for the area.\n\t\t\t“Manufacturer” 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.\n\t\t\t“Net present value of benefits to Virginia<\/span>” 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<\/span> and jobs created, over a period following the completion of the capital investment<\/span> 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<\/span> during that period.\n\t\t\t“New job<\/span>” means employment of an indefinite duration at the eligible facility, created as the direct result of the capital investment<\/span>, 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’s time a week for the entire normal year<\/span> of the firm’s operations, which “normal year<\/span>” 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<\/span> under this article.\n\t\t\t“Partnership<\/span>” means the Virginia Economic Development Partnership<\/span>.\n\t\t\t“Prevailing Average Wage<\/span>” 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<\/span> is located.\n\t\t\t“Productivity<\/span>” means the number of hours of labor required to produce a unit of goods.\n\t\t\t“Research and development service<\/span>” 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.\n\t\t\t“Secretary<\/span>” means the Secretary<\/span> of Commerce and Trade. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSHORT TITLE; DEFINITIONS (\u00a7 2.2-5100)\n\nA. This chapter shall be known and may be cited as the “Virginia\nInvestment Partnership Act.”\n\nB. As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Average manufacturing wage” means that amount determined by the\nVirginia Employment Commission to be the average wage paid manufacturing workers\nin a locality or region of the Commonwealth.\n\t\t\t“Average nonmanufacturing wage” means that amount determined by\nthe Virginia Employment Commission to be the average wage paid nonmanufacturing\nworkers in basic employment in a locality or region of the Commonwealth.\n\t\t\t“Basic employment” means employment that brings new or additional\nincome into Virginia and adds to the gross state product.\n\t\t\t“Capital investment” means an investment in real property,\npersonal property, or both, at a manufacturing or basic nonmanufacturing\nfacility within the Commonwealth that is capitalized by the company and that\nincreases the productivity of the manufacturing facility, results in the\ncreation, development or utilization of a more advanced technology than is in\nuse immediately prior to such investment, or both. In order to qualify as a\ncapital investment, an investment in technology shall result in a measurable\nincrease in capacity or productivity, a measurable decrease in the production of\nflawed product, or both. Expenditures for maintenance, replacement or repair of\nexisting machinery, tools and real property shall not constitute a capital\ninvestment; however, expenditures for the replacement of property shall not be\nineligible for designation as a capital investment if such replacement results\nin a measurable increase in productivity.\n\t\t\t“Eligible company” means, for companies located in a Metropolitan\nStatistical Area with a population of 300,000 or more in the most recently\npreceding decennial census, a Virginia employer that:\n\t\t\ta. (i) creates or causes to be created at least 400 jobs with average\nsalaries at least 50 percent greater than the Prevailing Average Wage or (ii)\ncreates or causes to be created at least 300 jobs with average salaries at least\n100 percent greater than the Prevailing Average Wage, and\n\t\t\tb. makes a capital investment of at least $5 million or $6,500 per job,\nwhichever is greater.\n\t\t\tFor all companies located elsewhere in Virginia, “eligible\ncompany” shall mean a Virginia employer that creates or causes to be\ncreated at least 200 jobs with average salaries at least 50 percent greater than\nthe Prevailing Average Wage, and making a capital investment of at least $6,500\nper job.\n\t\t\t“Eligible manufacturer or research and development service” means\nan existing Virginia manufacturer or research and development service that makes\na capital investment of at least $25 million that is announced on or after June\n1, 1998, which investment does not result in any net reduction in employment\nwithin one year after the capital investment has been completed and verified.\nAny entity participating in any other production grant program in the\nCommonwealth shall not be an eligible manufacturer or research and development\nservice.\n\t\t\t“Eligible research and development service” means an existing\nVirginia research and development service that supports manufacturing and that\nmakes a capital investment of at least $25 million, which investment does not\nresult in any net reduction in employment within one year after the capital\ninvestment has been completed and verified. Any entity participating in any\nother production grant program in the Commonwealth shall not be eligible.\n\t\t\t“Existing Virginia manufacturer” means a manufacturer that has a\nlegal presence within the Commonwealth for at least three years prior to making\nthe announcement of the capital investment that makes it an eligible\nmanufacturer.\n\t\t\t“Flawed product” means an irregular unit of goods that cannot be\nsold to an end user.\n\t\t\t“Fund” means the Virginia Investment Partnership Grant Fund\ncreated pursuant to § 2.2-5104, comprised of (i) the Major Eligible\nEmployer Grant subfund, (ii) the Investment Performance Grant subfund, and (iii)\nthe Economic Development Incentive Grant subfund.\n\t\t\t“Major eligible employer” means an existing Virginia manufacturer\nor any other nonmanufacturing basic employer that makes a capital investment of\nat least $100 million and creates at least 1,000 jobs, or corporate headquarters\nand other basic employers that make a capital investment of at least $100\nmillion and create at least 400 jobs paying at least twice the prevailing\naverage wage for the area.\n\t\t\t“Manufacturer” means a business firm owning or operating a\nmanufacturing establishment as defined in the Standard Industrial Classification\nManual issued by the U.S. Office of Management and Budget or the North American\nIndustry Classification System Manual issued by the United States Census Bureau.\n\t\t\t“Net present value of benefits to Virginia” means the present\nvalue of the amount by which (i) the anticipated additional state tax revenue\nexpected to accrue to the Commonwealth as a result of the capital investment and\njobs created, over a period following the completion of the capital investment\nnot to exceed 20 years, exceeds (ii) the value of all incentives provided by the\nCommonwealth, including any grant under this article, for such capital\ninvestment during that period.\n\t\t\t“New job” means employment of an indefinite duration at the\neligible facility, created as the direct result of the capital investment, for\nwhich the standard fringe benefits are paid by the firm for the employee,\nrequiring a minimum of either (i) 35 hours of an employee’s time a week\nfor the entire normal year of the firm’s operations, which “normal\nyear” must consist of at least 48 weeks or (ii) 1,680 hours per year.\nSeasonal or temporary positions, positions created when a job function is\nshifted from an existing location in the Commonwealth to the facility, and\npositions with contractors, suppliers, and similar multiplier or spin-off jobs\nshall not qualify as new jobs under this article.\n\t\t\t“Partnership” means the Virginia Economic Development\nPartnership.\n\t\t\t“Prevailing Average Wage” means that amount determined by the\nVirginia Employment Commission to be the average wage paid workers in the city\nor county of the Commonwealth where the eligible company is located.\n\t\t\t“Productivity” means the number of hours of labor required to\nproduce a unit of goods.\n\t\t\t“Research and development service” means a business firm owning\nor operating an establishment engaged in conducting research and experimental\ndevelopment that supports manufacturing in the physical, engineering and life\nsciences as defined in the North American Industry Classification System Manual\nissued by the United States Census Bureau.\n\t\t\t“Secretary” means the Secretary of Commerce and Trade.\n\nHISTORY: 1999, cc. 875, 961, \u00a7\u00a7 2.1-548.43:1, 2.1-548.43:2; 2000, c. 571;\n2001, c. 844; 2003, c. 17; 2005, c. 431; 2009, cc. 151, 174; 2012, cc. 196, 407.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}