{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/30-310.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/30-310.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/30-310.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/30-310.html"}],"law_id":77955,"edition_id":1,"section_id":77955,"structure_id":13690,"section_number":"30-310","catch_line":"Review of incentive packages","history":"2009, cc. 246, 311; 2010, cc. 543, 716; 2013, c. 806; 2015, c. 761; 2017, c. 663; 2020, c. 830; 2023, c. 528.","full_text":"A\n\n1. The Commission shall review individual incentive packages, including but not limited to packages offering tax incentives, for economic development, film, and episodic television projects (including but not limited to MEI projects) for which (i) one or more of the incentives in the incentive package is not authorized under current law or an amendment by the General Assembly is being sought to one or more currently existing incentives included as part of the incentive package, (ii) one of the incentives being sought includes a cash payment to a private sector business of more than $3.5 million from any fund prior to any performance metrics being met by the proposed project, or (iii) the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from bonds, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $10 million in value. Except for the value of any sales tax exemption available pursuant to subdivision 18 of \u00a7 58.1-609.3 or tax credit available pursuant to \u00a7 58.1-439.12:03, the value of any existing nondiscretionary incentives shall not be considered in calculating whether the incentives are in excess of $10 million in value, and no review shall be required for a project if the only incentives to be provided to a potential project are nondiscretionary incentives. The Commission shall also review economic development projects in which a business relocates or expands its operations in one or more Virginia localities and simultaneously closes its operations or substantially reduces the number of its employees in another Virginia locality if the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from bonds, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $2.5 million in value. The Commission shall recommend approval or denial of such packages and projects to the General Assembly. Factors that shall be considered by the Commission in its review shall include but not be limited to (a) return on investment, (b) the time frame for repayment of incentives to the Commonwealth, (c) average wages of the jobs created by the prospective MEI project or other economic development project, (d) the amount of capital investment that is required, and (e) the need for enhanced employment opportunities in the prospective location of the prospective MEI project or other economic development project.2\n\na. Any time a proposed individual incentive package is to be considered by the Commission, materials outlining (i) the value of the proposed incentives; (ii) assumed return on investment; (iii) the time frame for repayment of incentives to the Commonwealth; (iv) average wages of the jobs created by the prospective economic development, film, or episodic television project; (v) the amount of capital investment that is required; (vi) the need for enhanced employment opportunities in the prospective location of the prospective economic development, film, or episodic television project; (vii) the total amount of state incentives received by the sponsor of the economic development, film, or episodic television project in the past; and (viii) a list of all other existing, nondiscretionary incentives for which the sponsor of the economic development, film, or episodic television project may qualify shall be provided to the staff of the House Committee on Appropriations and Senate Committee on Finance and Appropriations not less than five business days prior to the scheduled Commission meeting. Staff shall also be provided with an aggregate list of all discretionary incentives currently committed by the Commonwealth for the next 10 years, including anticipated requests for appropriations to satisfy such commitments during that time.\n\t\t\t\tb. The timing of any request for an endorsement of a proposed individual incentive package should be scheduled so that the MEI Commission could, at its discretion, have up to seven days subsequent to the presentation of the incentive package prior to endorsing or rejecting such proposal.\n\t\t\t\tc. State agencies, localities, authorities, or other political subdivisions of the Commonwealth that have significant involvement in a proposed individual incentive package in terms of providing facilities or regulatory support to a project or in developing the proposed individual incentive package shall review the materials required by subdivision 2 and certify the accuracy of such materials prior to consideration by the Commission.B\n\nAn affirmative vote by four of the seven members of the Commission from the House of Delegates and three of the five members of the Commission from the Senate shall be required to endorse any incentive package, including but not limited to packages offering tax incentives, for economic development, film, and episodic television projects (including but not limited to MEI projects) for which (i) one or more of the incentives in the incentive package is not authorized under current law or an amendment by the General Assembly is being sought to one or more currently existing incentives included as part of the incentive package, (ii) one of the incentives being sought includes a cash payment to a private sector business of more than $3.5 million from any fund prior to any performance metrics being met by the proposed project, or (iii) the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from bonds, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $10 million in value. Except for the value of any sales tax exemption available pursuant to subdivision 18 of &#xA7; 58.1-609.3 or tax credit available pursuant to &#xA7; 58.1-439.12:03, the value of any existing nondiscretionary incentives shall not be considered in calculating whether the incentives are in excess of $10 million in value. Such vote shall also be required to endorse any economic development project in which a business relocates or expands its operations in one or more Virginia localities and simultaneously closes its operations or substantially reduces the number of its employees in another Virginia locality if the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from bonds, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $2.5 million in value. However, no vote shall be required for a project if the only incentives to be provided to a potential project are nondiscretionary incentives available to any qualified taxpayer under existing law.","order_by":null,"text":{"0":{"id":279523,"text":"1. The Commission shall review individual incentive packages, including but not limited to packages offering tax incentives, for economic development, film, and episodic television projects (including but not limited to MEI projects) for which (i) one or more of the incentives in the incentive package is not authorized under current law or an amendment by the General Assembly is being sought to one or more currently existing incentives included as part of the incentive package, (ii) one of the incentives being sought includes a cash payment to a private sector business of more than $3.5 million from any fund prior to any performance metrics being met by the proposed project, or (iii) the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from bonds, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $10 million in value. Except for the value of any sales tax exemption available pursuant to subdivision 18 of \u00a7 58.1-609.3 or tax credit available pursuant to \u00a7 58.1-439.12:03, the value of any existing nondiscretionary incentives shall not be considered in calculating whether the incentives are in excess of $10 million in value, and no review shall be required for a project if the only incentives to be provided to a potential project are nondiscretionary incentives. The Commission shall also review economic development projects in which a business relocates or expands its operations in one or more Virginia localities and simultaneously closes its operations or substantially reduces the number of its employees in another Virginia locality if the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from bonds, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $2.5 million in value. The Commission shall recommend approval or denial of such packages and projects to the General Assembly. Factors that shall be considered by the Commission in its review shall include but not be limited to (a) return on investment, (b) the time frame for repayment of incentives to the Commonwealth, (c) average wages of the jobs created by the prospective MEI project or other economic development project, (d) the amount of capital investment that is required, and (e) the need for enhanced employment opportunities in the prospective location of the prospective MEI project or other economic development project.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":279524,"text":"a. Any time a proposed individual incentive package is to be considered by the Commission, materials outlining (i) the value of the proposed incentives; (ii) assumed return on investment; (iii) the time frame for repayment of incentives to the Commonwealth; (iv) average wages of the jobs created by the prospective economic development, film, or episodic television project; (v) the amount of capital investment that is required; (vi) the need for enhanced employment opportunities in the prospective location of the prospective economic development, film, or episodic television project; (vii) the total amount of state incentives received by the sponsor of the economic development, film, or episodic television project in the past; and (viii) a list of all other existing, nondiscretionary incentives for which the sponsor of the economic development, film, or episodic television project may qualify shall be provided to the staff of the House Committee on Appropriations and Senate Committee on Finance and Appropriations not less than five business days prior to the scheduled Commission meeting. Staff shall also be provided with an aggregate list of all discretionary incentives currently committed by the Commonwealth for the next 10 years, including anticipated requests for appropriations to satisfy such commitments during that time.\n\t\t\t\tb. The timing of any request for an endorsement of a proposed individual incentive package should be scheduled so that the MEI Commission could, at its discretion, have up to seven days subsequent to the presentation of the incentive package prior to endorsing or rejecting such proposal.\n\t\t\t\tc. State agencies, localities, authorities, or other political subdivisions of the Commonwealth that have significant involvement in a proposed individual incentive package in terms of providing facilities or regulatory support to a project or in developing the proposed individual incentive package shall review the materials required by subdivision 2 and certify the accuracy of such materials prior to consideration by the Commission.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":279525,"text":"An affirmative vote by four of the seven members of the Commission from the House of Delegates and three of the five members of the Commission from the Senate shall be required to endorse any incentive package, including but not limited to packages offering tax incentives, for economic development, film, and episodic television projects (including but not limited to MEI projects) for which (i) one or more of the incentives in the incentive package is not authorized under current law or an amendment by the General Assembly is being sought to one or more currently existing incentives included as part of the incentive package, (ii) one of the incentives being sought includes a cash payment to a private sector business of more than $3.5 million from any fund prior to any performance metrics being met by the proposed project, or (iii) the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from bonds, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $10 million in value. Except for the value of any sales tax exemption available pursuant to subdivision 18 of &#xA7; 58.1-609.3 or tax credit available pursuant to &#xA7; 58.1-439.12:03, the value of any existing nondiscretionary incentives shall not be considered in calculating whether the incentives are in excess of $10 million in value. Such vote shall also be required to endorse any economic development project in which a business relocates or expands its operations in one or more Virginia localities and simultaneously closes its operations or substantially reduces the number of its employees in another Virginia locality if the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from bonds, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $2.5 million in value. However, no vote shall be required for a project if the only incentives to be provided to a potential project are nondiscretionary incentives available to any qualified taxpayer under existing law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"ancestry":[{"id":13690,"edition_id":1,"name":"MEI Project Approval Commission","identifier":"47","label":"chapter","depth":2,"order_by":1,"parent_id":12738,"metadata":{},"date_created":"2026-06-26 03:45:34","date_modified":"2026-06-26 03:45:34","permalink":{"id":200423,"object_type":"structure","relational_id":13690,"identifier":"47","token":"30\/47","url":"\/30\/47\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12738,"edition_id":1,"name":"General Assembly","identifier":"30","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":199019,"object_type":"structure","relational_id":12738,"identifier":"30","token":"30","url":"\/30\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54670,"structure_id":13690,"section_number":"30-309","catch_line":"MEI Project Approval Commission; membership; terms; compensation and expenses; definition","url":"\/30-309\/","token":"30\/47\/30-309","metadata":false},{"id":77955,"structure_id":13690,"section_number":"30-310","catch_line":"Review of incentive packages","url":"\/30-310\/","token":"30\/47\/30-310","metadata":false},{"id":77465,"structure_id":13690,"section_number":"30-310.1","catch_line":"Review of tax financing projects","url":"\/30-310.1\/","token":"30\/47\/30-310.1","metadata":false},{"id":77367,"structure_id":13690,"section_number":"30-311","catch_line":"Staff; cooperation from other state agencies","url":"\/30-311\/","token":"30\/47\/30-311","metadata":false},{"id":78065,"structure_id":13690,"section_number":"30-312","catch_line":"Commission report to General Assembly","url":"\/30-312\/","token":"30\/47\/30-312","metadata":false}],"previous_section":{"id":54670,"structure_id":13690,"section_number":"30-309","catch_line":"MEI Project Approval Commission; membership; terms; compensation and expenses; definition","url":"\/30-309\/","token":"30\/47\/30-309","metadata":false},"next_section":{"id":77465,"structure_id":13690,"section_number":"30-310.1","catch_line":"Review of tax financing projects","url":"\/30-310.1\/","token":"30\/47\/30-310.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/30-310\/","history_text":"<p>This law was first created in 2009. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0246\">246<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0311\">311<\/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 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0543\">543<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0716\">716<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0806\">806<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0761\">761<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0663\">663<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0830\">830<\/a>; in 2023, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0528\">528<\/a>.<\/p>","references":[{"id":82511,"section_number":"2.2-115","catch_line":"Commonwealth's Development Opportunity Fund","order_by":null,"url":"\/2.2-115\/"},{"id":57659,"section_number":"2.2-2237.3","catch_line":"Division of Incentives","order_by":null,"url":"\/2.2-2237.3\/"},{"id":71857,"section_number":"2.2-2764","catch_line":"Review by MEI Commission","order_by":null,"url":"\/2.2-2764\/"},{"id":77465,"section_number":"30-310.1","catch_line":"Review of tax financing projects","order_by":null,"url":"\/30-310.1\/"},{"id":78617,"section_number":"58.1-3851.3","catch_line":"Entitlement to tax revenues from a major tourism project","order_by":null,"url":"\/58.1-3851.3\/"}],"refers_to":[{"id":77683,"section_number":"58.1-439.12:03","catch_line":"Motion picture production tax credit","order_by":null,"url":"\/58.1-439.12_03\/"},{"id":69050,"section_number":"58.1-609.3","catch_line":"Commercial and industrial exemptions","order_by":null,"url":"\/58.1-609.3\/"}],"permalink":{"id":200429,"object_type":"law","relational_id":77955,"identifier":"30-310","token":"30\/47\/30-310","url":"\/30-310\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/30-310\/","token":"30\/47\/30-310","dublin_core":{"Title":"Review of incentive packages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 30-310","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> 1. The Commission shall review individual incentive packages, including but not limited to packages offering tax incentives, for economic development, film, and episodic television projects (including but not limited to MEI projects) for which (i) one or more of the incentives in the incentive package is not authorized under current <span class=\"dictionary\">law<\/span> or an amendment by the General Assembly is being sought to one or more currently existing incentives included as part of the incentive package, (ii) one of the incentives being sought includes a cash payment to a private sector business of more than $3.5 million from any fund prior to any performance metrics being met by the proposed project, or (iii) the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from <span class=\"dictionary\">bonds<\/span>, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $10 million in value. Except for the value of any sales tax exemption available pursuant to subdivision 18 of \u00a7&nbsp;<a class=\"law\" title=\"Commercial and industrial exemptions\" href=\"\/58.1-609.3\/\">58.1-609.3<\/a> or tax credit available pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Motion picture production tax credit\" href=\"\/58.1-439.12_03\/\">58.1-439.12:03<\/a>, the value of any existing nondiscretionary incentives shall not be considered in calculating whether the incentives are in excess of $10 million in value, and no review shall be required for a project if the only incentives to be provided to a potential project are nondiscretionary incentives. The Commission shall also review economic development projects in which a business relocates or expands its operations in one or more Virginia localities and simultaneously closes its operations or substantially reduces the number of its employees in another Virginia locality if the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from <span class=\"dictionary\">bonds<\/span>, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $2.5 million in value. The Commission shall recommend approval or denial of such packages and projects to the General Assembly. Factors that shall be considered by the Commission in its review shall include but not be limited to (a) return on investment, (b) the time frame for repayment of incentives to the Commonwealth, (c) average wages of the jobs created by the prospective MEI project or other economic development project, (d) the amount of capital investment that is required, and (e) the need for enhanced employment opportunities in the prospective location of the prospective MEI project or other economic development project. <a id=\"paragraph-279523\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/30-310\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> a. Any time a proposed individual incentive package is to be considered by the Commission, <span class=\"dictionary\">materials<\/span> outlining (i) the value of the proposed incentives; (ii) assumed return on investment; (iii) the time frame for repayment of incentives to the Commonwealth; (iv) average wages of the jobs created by the prospective economic development, film, or episodic television project; (v) the amount of capital investment that is required; (vi) the need for enhanced employment opportunities in the prospective location of the prospective economic development, film, or episodic television project; (vii) the total amount of state incentives received by the sponsor of the economic development, film, or episodic television project in the past; and (viii) a list of all other existing, nondiscretionary incentives for which the sponsor of the economic development, film, or episodic television project may qualify shall be provided to the staff of the House Committee on Appropriations and Senate Committee on Finance and Appropriations not less than five business days prior to the scheduled Commission meeting. Staff shall also be provided with an aggregate list of all discretionary incentives currently committed by the Commonwealth for the next 10 years, including anticipated requests for appropriations to satisfy such commitments during that time.\n\t\t\t\tb. The timing of any request for an endorsement of a proposed individual incentive package should be scheduled so that the MEI Commission could, at its discretion, have up to seven days subsequent to the presentation of the incentive package prior to endorsing or rejecting such proposal.\n\t\t\t\tc. State agencies, localities, authorities, or other political subdivisions of the Commonwealth that have significant involvement in a proposed individual incentive package in terms of providing facilities or regulatory support to a project or in developing the proposed individual incentive package shall review the <span class=\"dictionary\">materials<\/span> required by subdivision 2 and certify the accuracy of such <span class=\"dictionary\">materials<\/span> prior to consideration by the Commission. <a id=\"paragraph-279524\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/30-310\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> An affirmative vote by four of the seven members of the Commission from the House of Delegates and three of the five members of the Commission from the Senate shall be required to endorse any incentive package, including but not limited to packages offering tax incentives, for economic development, film, and episodic television projects (including but not limited to MEI projects) for which (i) one or more of the incentives in the incentive package is not authorized under current <span class=\"dictionary\">law<\/span> or an amendment by the General Assembly is being sought to one or more currently existing incentives included as part of the incentive package, (ii) one of the incentives being sought includes a cash payment to a private sector business of more than $3.5 million from any fund prior to any performance metrics being met by the proposed project, or (iii) the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from <span class=\"dictionary\">bonds<\/span>, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $10 million in value. Except for the value of any sales tax exemption available pursuant to subdivision 18 of &#xA7; <a class=\"law\" title=\"Commercial and industrial exemptions\" href=\"\/58.1-609.3\/\">58.1-609.3<\/a> or tax credit available pursuant to &#xA7; <a class=\"law\" title=\"Motion picture production tax credit\" href=\"\/58.1-439.12_03\/\">58.1-439.12:03<\/a>, the value of any existing nondiscretionary incentives shall not be considered in calculating whether the incentives are in excess of $10 million in value. Such vote shall also be required to endorse any economic development project in which a business relocates or expands its operations in one or more Virginia localities and simultaneously closes its operations or substantially reduces the number of its employees in another Virginia locality if the aggregate amount of incentives to be provided by the Commonwealth in the incentive package including discretionary grants, general or nongeneral funds, proceeds from <span class=\"dictionary\">bonds<\/span>, rights to lease property at below fair market value, or any other incentives from the Commonwealth is in excess of $2.5 million in value. However, no vote shall be required for a project if the only incentives to be provided to a potential project are nondiscretionary incentives available to any qualified taxpayer under existing <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-279525\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/30-310\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREVIEW OF INCENTIVE PACKAGES (\u00a7 30-310)\n\nA. 1. The Commission shall review individual incentive packages, including but\nnot limited to packages offering tax incentives, for economic development, film,\nand episodic television projects (including but not limited to MEI projects) for\nwhich (i) one or more of the incentives in the incentive package is not\nauthorized under current law or an amendment by the General Assembly is being\nsought to one or more currently existing incentives included as part of the\nincentive package, (ii) one of the incentives being sought includes a cash\npayment to a private sector business of more than $3.5 million from any fund\nprior to any performance metrics being met by the proposed project, or (iii) the\naggregate amount of incentives to be provided by the Commonwealth in the\nincentive package including discretionary grants, general or nongeneral funds,\nproceeds from bonds, rights to lease property at below fair market value, or any\nother incentives from the Commonwealth is in excess of $10 million in value.\nExcept for the value of any sales tax exemption available pursuant to\nsubdivision 18 of \u00a7 58.1-609.3 or tax credit available pursuant to \u00a7\n58.1-439.12:03, the value of any existing nondiscretionary incentives shall not\nbe considered in calculating whether the incentives are in excess of $10 million\nin value, and no review shall be required for a project if the only incentives\nto be provided to a potential project are nondiscretionary incentives. The\nCommission shall also review economic development projects in which a business\nrelocates or expands its operations in one or more Virginia localities and\nsimultaneously closes its operations or substantially reduces the number of its\nemployees in another Virginia locality if the aggregate amount of incentives to\nbe provided by the Commonwealth in the incentive package including discretionary\ngrants, general or nongeneral funds, proceeds from bonds, rights to lease\nproperty at below fair market value, or any other incentives from the\nCommonwealth is in excess of $2.5 million in value. The Commission shall\nrecommend approval or denial of such packages and projects to the General\nAssembly. Factors that shall be considered by the Commission in its review shall\ninclude but not be limited to (a) return on investment, (b) the time frame for\nrepayment of incentives to the Commonwealth, (c) average wages of the jobs\ncreated by the prospective MEI project or other economic development project,\n(d) the amount of capital investment that is required, and (e) the need for\nenhanced employment opportunities in the prospective location of the prospective\nMEI project or other economic development project.\n\n   2. a. Any time a proposed individual incentive package is to be considered by\n   the Commission, materials outlining (i) the value of the proposed incentives;\n   (ii) assumed return on investment; (iii) the time frame for repayment of\n   incentives to the Commonwealth; (iv) average wages of the jobs created by the\n   prospective economic development, film, or episodic television project; (v)\n   the amount of capital investment that is required; (vi) the need for enhanced\n   employment opportunities in the prospective location of the prospective\n   economic development, film, or episodic television project; (vii) the total\n   amount of state incentives received by the sponsor of the economic\n   development, film, or episodic television project in the past; and (viii) a\n   list of all other existing, nondiscretionary incentives for which the sponsor\n   of the economic development, film, or episodic television project may qualify\n   shall be provided to the staff of the House Committee on Appropriations and\n   Senate Committee on Finance and Appropriations not less than five business\n   days prior to the scheduled Commission meeting. Staff shall also be provided\n   with an aggregate list of all discretionary incentives currently committed by\n   the Commonwealth for the next 10 years, including anticipated requests for\n   appropriations to satisfy such commitments during that time.\n   \t\t\t\tb. The timing of any request for an endorsement of a proposed individual\n   incentive package should be scheduled so that the MEI Commission could, at its\n   discretion, have up to seven days subsequent to the presentation of the\n   incentive package prior to endorsing or rejecting such proposal.\n   \t\t\t\tc. State agencies, localities, authorities, or other political\n   subdivisions of the Commonwealth that have significant involvement in a\n   proposed individual incentive package in terms of providing facilities or\n   regulatory support to a project or in developing the proposed individual\n   incentive package shall review the materials required by subdivision 2 and\n   certify the accuracy of such materials prior to consideration by the\n   Commission.\n\nB. An affirmative vote by four of the seven members of the Commission from the\nHouse of Delegates and three of the five members of the Commission from the\nSenate shall be required to endorse any incentive package, including but not\nlimited to packages offering tax incentives, for economic development, film, and\nepisodic television projects (including but not limited to MEI projects) for\nwhich (i) one or more of the incentives in the incentive package is not\nauthorized under current law or an amendment by the General Assembly is being\nsought to one or more currently existing incentives included as part of the\nincentive package, (ii) one of the incentives being sought includes a cash\npayment to a private sector business of more than $3.5 million from any fund\nprior to any performance metrics being met by the proposed project, or (iii) the\naggregate amount of incentives to be provided by the Commonwealth in the\nincentive package including discretionary grants, general or nongeneral funds,\nproceeds from bonds, rights to lease property at below fair market value, or any\nother incentives from the Commonwealth is in excess of $10 million in value.\nExcept for the value of any sales tax exemption available pursuant to\nsubdivision 18 of &#xA7; 58.1-609.3 or tax credit available pursuant to &#xA7;\n58.1-439.12:03, the value of any existing nondiscretionary incentives shall not\nbe considered in calculating whether the incentives are in excess of $10 million\nin value. Such vote shall also be required to endorse any economic development\nproject in which a business relocates or expands its operations in one or more\nVirginia localities and simultaneously closes its operations or substantially\nreduces the number of its employees in another Virginia locality if the\naggregate amount of incentives to be provided by the Commonwealth in the\nincentive package including discretionary grants, general or nongeneral funds,\nproceeds from bonds, rights to lease property at below fair market value, or any\nother incentives from the Commonwealth is in excess of $2.5 million in value.\nHowever, no vote shall be required for a project if the only incentives to be\nprovided to a potential project are nondiscretionary incentives available to any\nqualified taxpayer under existing law.\n\nHISTORY: 2009, cc. 246, 311; 2010, cc. 543, 716; 2013, c. 806; 2015, c. 761;\n2017, c. 663; 2020, c. 830; 2023, c. 528.","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}}