{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-284.42.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-284.42.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-284.42.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-284.42.html"}],"law_id":58979,"edition_id":1,"section_id":58979,"structure_id":15479,"section_number":"59.1-284.42","catch_line":"Cloud Computing Cluster Infrastructure Grant Fund","history":"2023, cc. 671, 678.","full_text":"A\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t\t&#8220;Affiliate&#8221; means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with a qualified company.\n\t\t\t&#8220;Capital investment&#8221; means an investment by or on behalf of a qualified company on or after January 1, 2023, but prior to July 1, 2040, in real property, tangible personal property, or both, at a facility that is properly chargeable to a capital account or would be so chargeable with a proper election.\n\t\t\t&#8220;Construction cost&#8221; means any capital investment, except for the purchase of land, by a qualified company on or after January 1, 2023, in real or tangible personal property to develop or support a data center in a locality identified in a memorandum of understanding. &#8220;Construction cost&#8221; includes infrastructure costs.\n\t\t\t&#8220;Facility&#8221; means the one or more buildings, group of buildings, and ancillary facilities and equipment that are located in a locality or localities identified in a memorandum of understanding and that are owned, occupied, or otherwise operated by or for the qualified company for data center and cloud computing cluster operations.\n\t\t\t&#8220;Fund&#8221; means the Cloud Computing Cluster Infrastructure Grant Fund.\n\t\t\t&#8220;Grant&#8221; means a grant from the Fund awarded to a qualified company that is intended to pay or reimburse the qualified company for (i) infrastructure costs related to the construction and support of facilities and (ii) costs for workforce development, recruiting, and training.\n\t\t\t&#8220;Infrastructure costs&#8221; includes the costs related to fiber, water, wastewater, and stormwater facilities; gas pipelines; electrical transmission and distribution lines; and site clearing, grading, and other improvements to support the construction and development of a facility.\n\t\t\t&#8220;Locality&#8221; means a county or city in the Commonwealth in which a company makes an eligible investment in a facility and creates new full-time jobs, that is identified in a memorandum of understanding, and that has entered into a performance agreement.\n\t\t\t&#8220;Local match&#8221; means the funds committed by a locality identified in a memorandum of understanding to a qualified company related to the construction and operation of a facility. The local match shall be at least twice the amount provided from the Fund to the qualified company related to the construction of, and creation of new full-time jobs at, the facility in such locality, as set forth in a performance agreement. Expenditures by a locality that the Secretary has certified as infrastructure costs incurred by the locality at the request of the qualified company may be counted toward the local match obligation.\n\t\t\t&#8220;MEI Commission&#8221; means the MEI Project Approval Commission established pursuant to Chapter 47 (\u00a7 30-309 et seq.) of Title 30.\n\t\t\t&#8220;Memorandum of understanding&#8221; means a memorandum of understanding entered into on or after January 1, 2023, between a qualified company, the Commonwealth, and VEDP that sets forth (i) the grant amount that the qualified company shall be eligible to receive for each new full-time job created and each $1 million of capital investment in construction costs made; (ii) the total aggregate amount of grants that the qualified company shall be eligible to receive; (iii) the performance date; (iv) the requirements and timing for capital investment and new full-time job creation by the qualified company; (v) the identification of the locality or localities in which such investment and job creation shall take place; and (vi) any other terms and conditions deemed necessary or appropriate to be eligible for grant payments from the Fund.\n\t\t\t&#8220;New full-time jobs&#8221; means job positions created on or after January 1, 2023, but prior to July 1, 2040, in which the employee of a qualified company works at a facility, for which the average annual wage is at least one and one-half times the prevailing wage of the locality where the job is located, and for which the qualified company provides standard fringe benefits. Such position shall require a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire normal year of the employer&#8217;s operations, which normal year shall consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions shall not qualify as new full-time jobs. Positions created after January 1, 2023, by contractors that are dedicated full-time to providing operational services after the opening of a facility may constitute new full-time jobs of the qualified company but shall not exceed 20 percent of the number used to meet any performance criteria for the creation of new full-time jobs. A position created when a job function is shifted from an existing location in the Commonwealth to a new facility shall qualify as a new full-time job if the qualified company certifies that it has hired a new employee or contractor to fill substantially the same job at the existing location as that performed by the transferred position. Such jobs shall be in addition to any full-time jobs that a qualified company had in the Commonwealth as of January 1, 2023.\n\t\t\t&#8220;Performance agreement&#8221; means an agreement entered into on or after January 1, 2023, between a qualified company, a locality identified in a memorandum of understanding, and VEDP that commits the locality to provide local funds, either as annual cash grants or via the expenditure of local funds, for infrastructure costs related to the qualified company. The local commitment shall equal at least twice the amount of grants from the Fund committed by the Commonwealth for capital investment and the creation of new full-time jobs in such locality. Such performance agreement may also include commitments related to accelerated permitting, property tax classifications, and other such issues to which the parties agree.\n\t\t\t&#8220;Performance date&#8221; means the date set forth in a memorandum of understanding by which capital investment and new full-time job creation targets shall be met in order to qualify for grants from the Fund.\n\t\t\t&#8220;Qualification&#8221; means the process by which a company becomes a qualified company eligible to enter into a memorandum of understanding and receive grants from the Fund. Qualification shall require:1\n\nAn endorsement by the MEI Commission that the company be approved by the General Assembly to receive grants from the Fund. Such endorsement shall include a recommendation by the MEI Commission as to the grant amount that the company shall receive for each new full-time job created and each $1 million of capital investment in construction costs made, as well as a recommendation as to the total, aggregate amount of grants from the Fund that the company shall be eligible to receive. The recommendation regarding the amount of the grants shall be based upon information provided by VEDP to the MEI Commission based upon a return-on-investment analysis; and2\n\nApproval by the General Assembly in a general appropriation act, including approval of the specific grant amount that the company shall receive for each new full-time job created and each $1 million of capital investment in construction costs made, as well as the total, aggregate amount of grants from the Fund that the company shall be eligible to receive and the date of endorsement by the MEI Commission.\n\t\t\t\tIf the MEI Commission endorses a company to receive grants from the Fund, and legislation to implement the MEI Commission&#8217;s recommendation is introduced in a subsequent session of the General Assembly, the specific grant amount recommended and any other recommended legislative changes shall become public at such time as the company publicly declares its intention to make or cause to be made a capital investment at facilities of at least $50 billion and to create at least 1,500 new full-time jobs that pay an average annual wage of at least one and one-half times the prevailing wage of the locality where the job is located, but in no case later than the first day of the session of the General Assembly in which approval is sought.\n\t\t\t\t&#8220;Qualified company&#8221; means a company, including its affiliates, that, after qualification, enters into a memorandum of understanding and is expected by the performance date to (i) make or cause to be made a capital investment at facilities in localities identified in the memorandum of understanding of at least $50 billion and (ii) create at least 1,500 new full-time jobs that pay an average annual wage of at least one and one-half times the prevailing wage of the locality where the job is located.\n\t\t\t\t&#8220;Secretary&#8221; means the Secretary of Commerce and Trade or his designee.\n\t\t\t\t&#8220;VEDP&#8221; means the Virginia Economic Development Partnership Authority.B\n\nThere is hereby created in the state treasury a special nonreverting fund to be known as the Cloud Computing Cluster Infrastructure Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of making grant payments pursuant to this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller pursuant to subsection F.C\n\nA qualified company shall be eligible to receive grant payments for each fiscal year beginning with the Commonwealth&#8217;s fiscal year starting on July 1, 2025, and ending no later than the Commonwealth&#8217;s fiscal year starting on July 1, 2044, based upon its actual investments and the number of new full-time jobs created prior to the performance date in localities that have entered into a performance agreement. The grant payments under this section shall be paid to the qualified company from the Fund, subject to appropriation by the General Assembly, during each such fiscal year, contingent upon the qualified company meeting the requirements for receiving grant payments set forth in this section and in the memorandum of understanding. The amount of the grant payment in each fiscal year shall be calculated based upon the grant amount approved for the qualified company for each new full-time job created by the qualified company in the prior calendar year and each $1 million of capital investment in construction costs by the qualified company in the prior calendar year, as approved by the General Assembly and included in the memorandum of understanding. The total aggregate amount of all grants paid to a qualified company shall not exceed the amount approved by the General Assembly and included in the memorandum of understanding.D\n\nCapital investments made by a qualified company and new full-time jobs created in a locality that (i) was not identified in the memorandum of understanding and (ii) did not enter into a performance agreement shall not qualify for grant payments pursuant to this chapter.E\n\nA qualified company applying for a grant payment pursuant to this chapter shall provide evidence, satisfactory to the Secretary, of (i) the capital investment in construction costs as of the last day of the calendar year that immediately precedes the application date; (ii) the aggregate number of new full-time jobs created and maintained as of the last day of the calendar year that immediately precedes the date of the application; and (iii) an average annual wage of the new full-time jobs of at least one and one-half times the prevailing wage of the locality where the job is located. The application and evidence shall be filed with the Secretary in person, by mail, or as otherwise agreed upon in the memorandum of understanding, by no later than April 1 of each year following the end of the calendar year upon which the evidence set forth is based. Failure to meet the filing deadline shall result in a deferral of a scheduled grant payment. For filings by mail, the postmark cancellation shall govern the date of the filing determination.F\n\nWithin 60 days of receiving the application and evidence pursuant to subsection E, the Secretary shall certify to the Comptroller and the qualified company the verification of the information contained in the application and the resulting amount of the grant payments to which the grant-eligible company may be entitled for payment. Such grant payments shall be made annually by check or electronic payment issued by the State Treasurer on warrant of the Comptroller in each fiscal year following the submission of such application, as provided in the memorandum of understanding. The Comptroller shall not draw any warrants to issue checks or electronic payments for grant payments under this chapter without a specific appropriation for the same.G\n\nAs a condition for the receipt of a grant payment, a qualified company shall make available for inspection to the Secretary, upon request, documents relevant and applicable to determining whether the qualified company has met the requirements for the receipt of a grant payment as set forth in this chapter and subject to the memorandum of understanding. Copies of the performance agreement and a certification by each locality subject to a performance agreement and the qualified company that the provisions of such agreement have been fulfilled shall also be provided to the Secretary.","order_by":null,"text":{"0":{"id":216241,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t\t&#8220;Affiliate&#8221; means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with a qualified company.\n\t\t\t&#8220;Capital investment&#8221; means an investment by or on behalf of a qualified company on or after January 1, 2023, but prior to July 1, 2040, in real property, tangible personal property, or both, at a facility that is properly chargeable to a capital account or would be so chargeable with a proper election.\n\t\t\t&#8220;Construction cost&#8221; means any capital investment, except for the purchase of land, by a qualified company on or after January 1, 2023, in real or tangible personal property to develop or support a data center in a locality identified in a memorandum of understanding. &#8220;Construction cost&#8221; includes infrastructure costs.\n\t\t\t&#8220;Facility&#8221; means the one or more buildings, group of buildings, and ancillary facilities and equipment that are located in a locality or localities identified in a memorandum of understanding and that are owned, occupied, or otherwise operated by or for the qualified company for data center and cloud computing cluster operations.\n\t\t\t&#8220;Fund&#8221; means the Cloud Computing Cluster Infrastructure Grant Fund.\n\t\t\t&#8220;Grant&#8221; means a grant from the Fund awarded to a qualified company that is intended to pay or reimburse the qualified company for (i) infrastructure costs related to the construction and support of facilities and (ii) costs for workforce development, recruiting, and training.\n\t\t\t&#8220;Infrastructure costs&#8221; includes the costs related to fiber, water, wastewater, and stormwater facilities; gas pipelines; electrical transmission and distribution lines; and site clearing, grading, and other improvements to support the construction and development of a facility.\n\t\t\t&#8220;Locality&#8221; means a county or city in the Commonwealth in which a company makes an eligible investment in a facility and creates new full-time jobs, that is identified in a memorandum of understanding, and that has entered into a performance agreement.\n\t\t\t&#8220;Local match&#8221; means the funds committed by a locality identified in a memorandum of understanding to a qualified company related to the construction and operation of a facility. The local match shall be at least twice the amount provided from the Fund to the qualified company related to the construction of, and creation of new full-time jobs at, the facility in such locality, as set forth in a performance agreement. Expenditures by a locality that the Secretary has certified as infrastructure costs incurred by the locality at the request of the qualified company may be counted toward the local match obligation.\n\t\t\t&#8220;MEI Commission&#8221; means the MEI Project Approval Commission established pursuant to Chapter 47 (\u00a7 30-309 et seq.) of Title 30.\n\t\t\t&#8220;Memorandum of understanding&#8221; means a memorandum of understanding entered into on or after January 1, 2023, between a qualified company, the Commonwealth, and VEDP that sets forth (i) the grant amount that the qualified company shall be eligible to receive for each new full-time job created and each $1 million of capital investment in construction costs made; (ii) the total aggregate amount of grants that the qualified company shall be eligible to receive; (iii) the performance date; (iv) the requirements and timing for capital investment and new full-time job creation by the qualified company; (v) the identification of the locality or localities in which such investment and job creation shall take place; and (vi) any other terms and conditions deemed necessary or appropriate to be eligible for grant payments from the Fund.\n\t\t\t&#8220;New full-time jobs&#8221; means job positions created on or after January 1, 2023, but prior to July 1, 2040, in which the employee of a qualified company works at a facility, for which the average annual wage is at least one and one-half times the prevailing wage of the locality where the job is located, and for which the qualified company provides standard fringe benefits. Such position shall require a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire normal year of the employer&#8217;s operations, which normal year shall consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions shall not qualify as new full-time jobs. Positions created after January 1, 2023, by contractors that are dedicated full-time to providing operational services after the opening of a facility may constitute new full-time jobs of the qualified company but shall not exceed 20 percent of the number used to meet any performance criteria for the creation of new full-time jobs. A position created when a job function is shifted from an existing location in the Commonwealth to a new facility shall qualify as a new full-time job if the qualified company certifies that it has hired a new employee or contractor to fill substantially the same job at the existing location as that performed by the transferred position. Such jobs shall be in addition to any full-time jobs that a qualified company had in the Commonwealth as of January 1, 2023.\n\t\t\t&#8220;Performance agreement&#8221; means an agreement entered into on or after January 1, 2023, between a qualified company, a locality identified in a memorandum of understanding, and VEDP that commits the locality to provide local funds, either as annual cash grants or via the expenditure of local funds, for infrastructure costs related to the qualified company. The local commitment shall equal at least twice the amount of grants from the Fund committed by the Commonwealth for capital investment and the creation of new full-time jobs in such locality. Such performance agreement may also include commitments related to accelerated permitting, property tax classifications, and other such issues to which the parties agree.\n\t\t\t&#8220;Performance date&#8221; means the date set forth in a memorandum of understanding by which capital investment and new full-time job creation targets shall be met in order to qualify for grants from the Fund.\n\t\t\t&#8220;Qualification&#8221; means the process by which a company becomes a qualified company eligible to enter into a memorandum of understanding and receive grants from the Fund. Qualification shall require:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":216242,"text":"An endorsement by the MEI Commission that the company be approved by the General Assembly to receive grants from the Fund. Such endorsement shall include a recommendation by the MEI Commission as to the grant amount that the company shall receive for each new full-time job created and each $1 million of capital investment in construction costs made, as well as a recommendation as to the total, aggregate amount of grants from the Fund that the company shall be eligible to receive. The recommendation regarding the amount of the grants shall be based upon information provided by VEDP to the MEI Commission based upon a return-on-investment analysis; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":216243,"text":"Approval by the General Assembly in a general appropriation act, including approval of the specific grant amount that the company shall receive for each new full-time job created and each $1 million of capital investment in construction costs made, as well as the total, aggregate amount of grants from the Fund that the company shall be eligible to receive and the date of endorsement by the MEI Commission.\n\t\t\t\tIf the MEI Commission endorses a company to receive grants from the Fund, and legislation to implement the MEI Commission&#8217;s recommendation is introduced in a subsequent session of the General Assembly, the specific grant amount recommended and any other recommended legislative changes shall become public at such time as the company publicly declares its intention to make or cause to be made a capital investment at facilities of at least $50 billion and to create at least 1,500 new full-time jobs that pay an average annual wage of at least one and one-half times the prevailing wage of the locality where the job is located, but in no case later than the first day of the session of the General Assembly in which approval is sought.\n\t\t\t\t&#8220;Qualified company&#8221; means a company, including its affiliates, that, after qualification, enters into a memorandum of understanding and is expected by the performance date to (i) make or cause to be made a capital investment at facilities in localities identified in the memorandum of understanding of at least $50 billion and (ii) create at least 1,500 new full-time jobs that pay an average annual wage of at least one and one-half times the prevailing wage of the locality where the job is located.\n\t\t\t\t&#8220;Secretary&#8221; means the Secretary of Commerce and Trade or his designee.\n\t\t\t\t&#8220;VEDP&#8221; means the Virginia Economic Development Partnership Authority.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":216244,"text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Cloud Computing Cluster Infrastructure Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of making grant payments pursuant to this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller pursuant to subsection F.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":216245,"text":"A qualified company shall be eligible to receive grant payments for each fiscal year beginning with the Commonwealth&#8217;s fiscal year starting on July 1, 2025, and ending no later than the Commonwealth&#8217;s fiscal year starting on July 1, 2044, based upon its actual investments and the number of new full-time jobs created prior to the performance date in localities that have entered into a performance agreement. The grant payments under this section shall be paid to the qualified company from the Fund, subject to appropriation by the General Assembly, during each such fiscal year, contingent upon the qualified company meeting the requirements for receiving grant payments set forth in this section and in the memorandum of understanding. The amount of the grant payment in each fiscal year shall be calculated based upon the grant amount approved for the qualified company for each new full-time job created by the qualified company in the prior calendar year and each $1 million of capital investment in construction costs by the qualified company in the prior calendar year, as approved by the General Assembly and included in the memorandum of understanding. The total aggregate amount of all grants paid to a qualified company shall not exceed the amount approved by the General Assembly and included in the memorandum of understanding.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":216246,"text":"Capital investments made by a qualified company and new full-time jobs created in a locality that (i) was not identified in the memorandum of understanding and (ii) did not enter into a performance agreement shall not qualify for grant payments pursuant to this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":216247,"text":"A qualified company applying for a grant payment pursuant to this chapter shall provide evidence, satisfactory to the Secretary, of (i) the capital investment in construction costs as of the last day of the calendar year that immediately precedes the application date; (ii) the aggregate number of new full-time jobs created and maintained as of the last day of the calendar year that immediately precedes the date of the application; and (iii) an average annual wage of the new full-time jobs of at least one and one-half times the prevailing wage of the locality where the job is located. The application and evidence shall be filed with the Secretary in person, by mail, or as otherwise agreed upon in the memorandum of understanding, by no later than April 1 of each year following the end of the calendar year upon which the evidence set forth is based. Failure to meet the filing deadline shall result in a deferral of a scheduled grant payment. For filings by mail, the postmark cancellation shall govern the date of the filing determination.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":216248,"text":"Within 60 days of receiving the application and evidence pursuant to subsection E, the Secretary shall certify to the Comptroller and the qualified company the verification of the information contained in the application and the resulting amount of the grant payments to which the grant-eligible company may be entitled for payment. Such grant payments shall be made annually by check or electronic payment issued by the State Treasurer on warrant of the Comptroller in each fiscal year following the submission of such application, as provided in the memorandum of understanding. The Comptroller shall not draw any warrants to issue checks or electronic payments for grant payments under this chapter without a specific appropriation for the same.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":216249,"text":"As a condition for the receipt of a grant payment, a qualified company shall make available for inspection to the Secretary, upon request, documents relevant and applicable to determining whether the qualified company has met the requirements for the receipt of a grant payment as set forth in this chapter and subject to the memorandum of understanding. Copies of the performance agreement and a certification by each locality subject to a performance agreement and the qualified company that the provisions of such agreement have been fulfilled shall also be provided to the Secretary.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15479,"edition_id":1,"name":"Cloud Computing Cluster Infrastructure Grant Fund","identifier":"22.21","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:55:23","date_modified":"2026-06-26 03:55:23","permalink":{"id":260449,"object_type":"structure","relational_id":15479,"identifier":"22.21","token":"59.1\/22.21","url":"\/59.1\/22.21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58979,"structure_id":15479,"section_number":"59.1-284.42","catch_line":"Cloud Computing Cluster Infrastructure Grant Fund","url":"\/59.1-284.42\/","token":"59.1\/22.21\/59.1-284.42","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-284.42\/","history_text":"<p>This law was first created in 2023. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0671\">671<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0678\">678<\/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.<\/p>","references":[{"id":69050,"section_number":"58.1-609.3","catch_line":"Commercial and industrial exemptions","order_by":null,"url":"\/58.1-609.3\/"}],"refers_to":[{"id":54670,"section_number":"30-309","catch_line":"MEI Project Approval Commission; membership; terms; compensation and expenses; definition","order_by":null,"url":"\/30-309\/"}],"permalink":{"id":260451,"object_type":"law","relational_id":58979,"identifier":"59.1-284.42","token":"59.1\/22.21\/59.1-284.42","url":"\/59.1-284.42\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-284.42\/","token":"59.1\/22.21\/59.1-284.42","dublin_core":{"Title":"Cloud Computing Cluster Infrastructure Grant Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-284.42","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this chapter, unless the context requires a different meaning:\n\t\t\t&#8220;<span class=\"dictionary\">Affiliate<\/span>&#8221; means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with a <span class=\"dictionary\">qualified company<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Capital investment<\/span>&#8221; means an investment by or on behalf of a <span class=\"dictionary\">qualified company<\/span> on or after January 1, 2023, but prior to July 1, 2040, in real property, tangible personal property, or both, at a <span class=\"dictionary\">facility<\/span> that is properly chargeable to a capital account or would be so chargeable with a proper election.\n\t\t\t&#8220;<span class=\"dictionary\">Construction cost<\/span>&#8221; means any <span class=\"dictionary\">capital investment<\/span>, except for the purchase of land, by a <span class=\"dictionary\">qualified company<\/span> on or after January 1, 2023, in real or tangible personal property to develop or support a data center in a <span class=\"dictionary\">locality<\/span> identified in a <span class=\"dictionary\">memorandum of understanding<\/span>. &#8220;<span class=\"dictionary\">Construction cost<\/span>&#8221; includes <span class=\"dictionary\">infrastructure costs<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Facility<\/span>&#8221; means the one or more buildings, group of buildings, and ancillary facilities and equipment that are located in a <span class=\"dictionary\">locality<\/span> or localities identified in a <span class=\"dictionary\">memorandum of understanding<\/span> and that are owned, occupied, or otherwise operated by or for the <span class=\"dictionary\">qualified company<\/span> for data center and cloud computing cluster operations.\n\t\t\t&#8220;<span class=\"dictionary\">Fund<\/span>&#8221; means the Cloud Computing Cluster Infrastructure <span class=\"dictionary\">Grant<\/span> <span class=\"dictionary\">Fund<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Grant<\/span>&#8221; means a <span class=\"dictionary\">grant<\/span> from the <span class=\"dictionary\">Fund<\/span> awarded to a <span class=\"dictionary\">qualified company<\/span> that is intended to pay or reimburse the <span class=\"dictionary\">qualified company<\/span> for (i) <span class=\"dictionary\">infrastructure costs<\/span> related to the construction and support of facilities and (ii) costs for workforce development, recruiting, and training.\n\t\t\t&#8220;<span class=\"dictionary\">Infrastructure costs<\/span>&#8221; includes the costs related to fiber, water, wastewater, and stormwater facilities; gas pipelines; electrical transmission and distribution lines; and site clearing, grading, and other improvements to support the construction and development of a <span class=\"dictionary\">facility<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Locality<\/span>&#8221; means a county or city in the Commonwealth in which a company makes an eligible investment in a <span class=\"dictionary\">facility<\/span> and creates <span class=\"dictionary\">new full-time jobs<\/span>, that is identified in a <span class=\"dictionary\">memorandum of understanding<\/span>, and that has entered into a <span class=\"dictionary\">performance agreement<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Local match<\/span>&#8221; means the <span class=\"dictionary\">funds<\/span> committed by a <span class=\"dictionary\">locality<\/span> identified in a <span class=\"dictionary\">memorandum of understanding<\/span> to a <span class=\"dictionary\">qualified company<\/span> related to the construction and operation of a <span class=\"dictionary\">facility<\/span>. The <span class=\"dictionary\">local match<\/span> shall be at least twice the amount provided from the <span class=\"dictionary\">Fund<\/span> to the <span class=\"dictionary\">qualified company<\/span> related to the construction of, and creation of <span class=\"dictionary\">new full-time jobs<\/span> at, the <span class=\"dictionary\">facility<\/span> in such <span class=\"dictionary\">locality<\/span>, as set forth in a <span class=\"dictionary\">performance agreement<\/span>. Expenditures by a <span class=\"dictionary\">locality<\/span> that the <span class=\"dictionary\">Secretary<\/span> has certified as <span class=\"dictionary\">infrastructure costs<\/span> incurred by the <span class=\"dictionary\">locality<\/span> at the request of the <span class=\"dictionary\">qualified company<\/span> may be counted toward the <span class=\"dictionary\">local match<\/span> obligation.\n\t\t\t&#8220;<span class=\"dictionary\">MEI Commission<\/span>&#8221; means the MEI Project Approval Commission established pursuant to Chapter 47 (\u00a7&nbsp;<a class=\"law\" title=\"MEI Project Approval Commission; membership; terms; compensation and expenses; definition\" href=\"\/30-309\/\">30-309<\/a> et seq.) of Title 30.\n\t\t\t&#8220;<span class=\"dictionary\">Memorandum of understanding<\/span>&#8221; means a <span class=\"dictionary\">memorandum of understanding<\/span> entered into on or after January 1, 2023, between a <span class=\"dictionary\">qualified company<\/span>, the Commonwealth, and <span class=\"dictionary\">VEDP<\/span> that sets forth (i) the <span class=\"dictionary\">grant<\/span> amount that the <span class=\"dictionary\">qualified company<\/span> shall be eligible to receive for each new full-time job created and each $1 million of <span class=\"dictionary\">capital investment<\/span> in <span class=\"dictionary\">construction costs<\/span> made; (ii) the total aggregate amount of <span class=\"dictionary\">grants<\/span> that the <span class=\"dictionary\">qualified company<\/span> shall be eligible to receive; (iii) the <span class=\"dictionary\">performance date<\/span>; (iv) the requirements and timing for <span class=\"dictionary\">capital investment<\/span> and new full-time job creation by the <span class=\"dictionary\">qualified company<\/span>; (v) the identification of the <span class=\"dictionary\">locality<\/span> or localities in which such investment and job creation shall take place; and (vi) any other terms and conditions deemed necessary or appropriate to be eligible for <span class=\"dictionary\">grant<\/span> payments from the <span class=\"dictionary\">Fund<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">New full-time jobs<\/span>&#8221; means job positions created on or after January 1, 2023, but prior to July 1, 2040, in which the employee of a <span class=\"dictionary\">qualified company<\/span> works at a <span class=\"dictionary\">facility<\/span>, for which the average annual wage is at least one and one-half times the prevailing wage of the <span class=\"dictionary\">locality<\/span> where the job is located, and for which the <span class=\"dictionary\">qualified company<\/span> provides standard fringe benefits. Such position shall require a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire normal year of the employer&#8217;s operations, which normal year shall consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions shall not qualify as <span class=\"dictionary\">new full-time jobs<\/span>. Positions created after January 1, 2023, by contractors that are dedicated full-time to providing operational services after the opening of a <span class=\"dictionary\">facility<\/span> may constitute <span class=\"dictionary\">new full-time jobs<\/span> of the <span class=\"dictionary\">qualified company<\/span> but shall not exceed 20 percent of the number used to meet any performance criteria for the creation of <span class=\"dictionary\">new full-time jobs<\/span>. A position created when a job function is shifted from an existing location in the Commonwealth to a new <span class=\"dictionary\">facility<\/span> shall qualify as a new full-time job if the <span class=\"dictionary\">qualified company<\/span> certifies that it has hired a new employee or contractor to fill substantially the same job at the existing location as that performed by the transferred position. Such jobs shall be in addition to any full-time jobs that a <span class=\"dictionary\">qualified company<\/span> had in the Commonwealth as of January 1, 2023.\n\t\t\t&#8220;<span class=\"dictionary\">Performance agreement<\/span>&#8221; means an agreement entered into on or after January 1, 2023, between a <span class=\"dictionary\">qualified company<\/span>, a <span class=\"dictionary\">locality<\/span> identified in a <span class=\"dictionary\">memorandum of understanding<\/span>, and <span class=\"dictionary\">VEDP<\/span> that commits the <span class=\"dictionary\">locality<\/span> to provide local <span class=\"dictionary\">funds<\/span>, either as annual cash <span class=\"dictionary\">grants<\/span> or via the expenditure of local <span class=\"dictionary\">funds<\/span>, for <span class=\"dictionary\">infrastructure costs<\/span> related to the <span class=\"dictionary\">qualified company<\/span>. The local commitment shall equal at least twice the amount of <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span> committed by the Commonwealth for <span class=\"dictionary\">capital investment<\/span> and the creation of <span class=\"dictionary\">new full-time jobs<\/span> in such <span class=\"dictionary\">locality<\/span>. Such <span class=\"dictionary\">performance agreement<\/span> may also include commitments related to accelerated permitting, property tax classifications, and other such <span class=\"dictionary\">issues<\/span> to which the parties agree.\n\t\t\t&#8220;<span class=\"dictionary\">Performance date<\/span>&#8221; means the date set forth in a <span class=\"dictionary\">memorandum of understanding<\/span> by which <span class=\"dictionary\">capital investment<\/span> and new full-time job creation targets shall be met in <span class=\"dictionary\">order<\/span> to qualify for <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Qualification<\/span>&#8221; means the process by which a company becomes a <span class=\"dictionary\">qualified company<\/span> eligible to enter into a <span class=\"dictionary\">memorandum of understanding<\/span> and receive <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span>. <span class=\"dictionary\">Qualification<\/span> shall require: <a id=\"paragraph-216241\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> An endorsement by the <span class=\"dictionary\">MEI Commission<\/span> that the company be approved by the General Assembly to receive <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span>. Such endorsement shall include a recommendation by the <span class=\"dictionary\">MEI Commission<\/span> as to the <span class=\"dictionary\">grant<\/span> amount that the company shall receive for each new full-time job created and each $1 million of <span class=\"dictionary\">capital investment<\/span> in <span class=\"dictionary\">construction costs<\/span> made, as well as a recommendation as to the total, aggregate amount of <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span> that the company shall be eligible to receive. The recommendation regarding the amount of the <span class=\"dictionary\">grants<\/span> shall be based upon information provided by <span class=\"dictionary\">VEDP<\/span> to the <span class=\"dictionary\">MEI Commission<\/span> based upon a return-on-investment analysis; and <a id=\"paragraph-216242\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#A1\"><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> Approval by the General Assembly in a general appropriation act, including approval of the specific <span class=\"dictionary\">grant<\/span> amount that the company shall receive for each new full-time job created and each $1 million of <span class=\"dictionary\">capital investment<\/span> in <span class=\"dictionary\">construction costs<\/span> made, as well as the total, aggregate amount of <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span> that the company shall be eligible to receive and the date of endorsement by the <span class=\"dictionary\">MEI Commission<\/span>.\n\t\t\t\tIf the <span class=\"dictionary\">MEI Commission<\/span> endorses a company to receive <span class=\"dictionary\">grants<\/span> from the <span class=\"dictionary\">Fund<\/span>, and legislation to implement the <span class=\"dictionary\">MEI Commission<\/span>&#8217;s recommendation is introduced in a subsequent session of the General Assembly, the specific <span class=\"dictionary\">grant<\/span> amount recommended and any other recommended legislative changes shall become public at such time as the company publicly declares its intention to make or cause to be made a <span class=\"dictionary\">capital investment<\/span> at facilities of at least $50 billion and to create at least 1,500 <span class=\"dictionary\">new full-time jobs<\/span> that pay an average annual wage of at least one and one-half times the prevailing wage of the <span class=\"dictionary\">locality<\/span> where the job is located, but in no case later than the first day of the session of the General Assembly in which approval is sought.\n\t\t\t\t&#8220;<span class=\"dictionary\">Qualified company<\/span>&#8221; means a company, including its <span class=\"dictionary\">affiliates<\/span>, that, after <span class=\"dictionary\">qualification<\/span>, enters into a <span class=\"dictionary\">memorandum of understanding<\/span> and is expected by the <span class=\"dictionary\">performance date<\/span> to (i) make or cause to be made a <span class=\"dictionary\">capital investment<\/span> at facilities in localities identified in the <span class=\"dictionary\">memorandum of understanding<\/span> of at least $50 billion and (ii) create at least 1,500 <span class=\"dictionary\">new full-time jobs<\/span> that pay an average annual wage of at least one and one-half times the prevailing wage of the <span class=\"dictionary\">locality<\/span> where the job is located.\n\t\t\t\t&#8220;<span class=\"dictionary\">Secretary<\/span>&#8221; means the <span class=\"dictionary\">Secretary<\/span> of Commerce and Trade or his designee.\n\t\t\t\t&#8220;<span class=\"dictionary\">VEDP<\/span>&#8221; means the Virginia Economic Development Partnership Authority. <a id=\"paragraph-216243\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#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> There is hereby created in the state treasury a special nonreverting <span class=\"dictionary\">fund<\/span> to be known as the Cloud Computing Cluster Infrastructure <span class=\"dictionary\">Grant<\/span> <span class=\"dictionary\">Fund<\/span>. The <span class=\"dictionary\">Fund<\/span> shall be established on the books of the Comptroller. All <span class=\"dictionary\">funds<\/span> appropriated for the <span class=\"dictionary\">Fund<\/span> shall be paid into the state treasury and credited to the <span class=\"dictionary\">Fund<\/span>. Interest earned on moneys in the <span class=\"dictionary\">Fund<\/span> shall remain in the <span class=\"dictionary\">Fund<\/span> and be credited to it. Any moneys remaining in the <span class=\"dictionary\">Fund<\/span>, including interest thereon, at the end of each fiscal year shall not revert to the general <span class=\"dictionary\">fund<\/span> but shall remain in the <span class=\"dictionary\">Fund<\/span>. Moneys in the <span class=\"dictionary\">Fund<\/span> shall be used solely for the purpose of making <span class=\"dictionary\">grant<\/span> payments pursuant to this chapter. Expenditures and disbursements from the <span class=\"dictionary\">Fund<\/span> shall be made by the State Treasurer on warrants issued by the Comptroller pursuant to subsection F. <a id=\"paragraph-216244\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> A <span class=\"dictionary\">qualified company<\/span> shall be eligible to receive <span class=\"dictionary\">grant<\/span> payments for each fiscal year beginning with the Commonwealth&#8217;s fiscal year starting on July 1, 2025, and ending no later than the Commonwealth&#8217;s fiscal year starting on July 1, 2044, based upon its actual investments and the number of <span class=\"dictionary\">new full-time jobs<\/span> created prior to the <span class=\"dictionary\">performance date<\/span> in localities that have entered into a <span class=\"dictionary\">performance agreement<\/span>. The <span class=\"dictionary\">grant<\/span> payments under this section shall be paid to the <span class=\"dictionary\">qualified company<\/span> from the <span class=\"dictionary\">Fund<\/span>, subject to appropriation by the General Assembly, during each such fiscal year, contingent upon the <span class=\"dictionary\">qualified company<\/span> meeting the requirements for receiving <span class=\"dictionary\">grant<\/span> payments set forth in this section and in the <span class=\"dictionary\">memorandum of understanding<\/span>. The amount of the <span class=\"dictionary\">grant<\/span> payment in each fiscal year shall be calculated based upon the <span class=\"dictionary\">grant<\/span> amount approved for the <span class=\"dictionary\">qualified company<\/span> for each new full-time job created by the <span class=\"dictionary\">qualified company<\/span> in the prior calendar year and each $1 million of <span class=\"dictionary\">capital investment<\/span> in <span class=\"dictionary\">construction costs<\/span> by the <span class=\"dictionary\">qualified company<\/span> in the prior calendar year, as approved by the General Assembly and included in the <span class=\"dictionary\">memorandum of understanding<\/span>. The total aggregate amount of all <span class=\"dictionary\">grants<\/span> paid to a <span class=\"dictionary\">qualified company<\/span> shall not exceed the amount approved by the General Assembly and included in the <span class=\"dictionary\">memorandum of understanding<\/span>. <a id=\"paragraph-216245\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> <span class=\"dictionary\">Capital investments<\/span> made by a <span class=\"dictionary\">qualified company<\/span> and <span class=\"dictionary\">new full-time jobs<\/span> created in a <span class=\"dictionary\">locality<\/span> that (i) was not identified in the <span class=\"dictionary\">memorandum of understanding<\/span> and (ii) did not enter into a <span class=\"dictionary\">performance agreement<\/span> shall not qualify for <span class=\"dictionary\">grant<\/span> payments pursuant to this chapter. <a id=\"paragraph-216246\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> A <span class=\"dictionary\">qualified company<\/span> applying for a <span class=\"dictionary\">grant<\/span> payment pursuant to this chapter shall provide <span class=\"dictionary\">evidence<\/span>, satisfactory to the <span class=\"dictionary\">Secretary<\/span>, of (i) the <span class=\"dictionary\">capital investment<\/span> in <span class=\"dictionary\">construction costs<\/span> as of the last day of the calendar year that immediately precedes the application date; (ii) the aggregate number of <span class=\"dictionary\">new full-time jobs<\/span> created and maintained as of the last day of the calendar year that immediately precedes the date of the application; and (iii) an average annual wage of the <span class=\"dictionary\">new full-time jobs<\/span> of at least one and one-half times the prevailing wage of the <span class=\"dictionary\">locality<\/span> where the job is located. The application and <span class=\"dictionary\">evidence<\/span> shall be filed with the <span class=\"dictionary\">Secretary<\/span> in person, by mail, or as otherwise agreed upon in the <span class=\"dictionary\">memorandum of understanding<\/span>, by no later than April 1 of each year following the end of the calendar year upon which the <span class=\"dictionary\">evidence<\/span> set forth is based. Failure to meet the filing deadline shall result in a deferral of a scheduled <span class=\"dictionary\">grant<\/span> payment. For filings by mail, the postmark cancellation shall govern the date of the filing determination. <a id=\"paragraph-216247\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Within 60 days of receiving the application and <span class=\"dictionary\">evidence<\/span> pursuant to subsection E, the <span class=\"dictionary\">Secretary<\/span> shall certify to the Comptroller and the <span class=\"dictionary\">qualified company<\/span> the verification of the information contained in the application and the resulting amount of the <span class=\"dictionary\">grant<\/span> payments to which the <span class=\"dictionary\">grant<\/span>-eligible company may be entitled for payment. Such <span class=\"dictionary\">grant<\/span> payments shall be made annually by check or electronic payment issued by the State Treasurer on warrant of the Comptroller in each fiscal year following the submission of such application, as provided in the <span class=\"dictionary\">memorandum of understanding<\/span>. The Comptroller shall not draw any warrants to <span class=\"dictionary\">issue<\/span> checks or electronic payments for <span class=\"dictionary\">grant<\/span> payments under this chapter without a specific appropriation for the same. <a id=\"paragraph-216248\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> As a condition for the receipt of a <span class=\"dictionary\">grant<\/span> payment, a <span class=\"dictionary\">qualified company<\/span> shall make available for inspection to the <span class=\"dictionary\">Secretary<\/span>, upon request, documents relevant and applicable to determining whether the <span class=\"dictionary\">qualified company<\/span> has met the requirements for the receipt of a <span class=\"dictionary\">grant<\/span> payment as set forth in this chapter and subject to the <span class=\"dictionary\">memorandum of understanding<\/span>. Copies of the <span class=\"dictionary\">performance agreement<\/span> and a certification by each <span class=\"dictionary\">locality<\/span> subject to a <span class=\"dictionary\">performance agreement<\/span> and the <span class=\"dictionary\">qualified company<\/span> that the provisions of such agreement have been fulfilled shall also be provided to the <span class=\"dictionary\">Secretary<\/span>. <a id=\"paragraph-216249\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-284.42\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCLOUD COMPUTING CLUSTER INFRASTRUCTURE GRANT FUND (\u00a7 59.1-284.42)\n\nA. As used in this chapter, unless the context requires a different meaning:\n\t\t\t&#8220;Affiliate&#8221; means an entity that directly or indirectly through\none or more intermediaries controls, is controlled by, or is under common\ncontrol with a qualified company.\n\t\t\t&#8220;Capital investment&#8221; means an investment by or on behalf of a\nqualified company on or after January 1, 2023, but prior to July 1, 2040, in\nreal property, tangible personal property, or both, at a facility that is\nproperly chargeable to a capital account or would be so chargeable with a proper\nelection.\n\t\t\t&#8220;Construction cost&#8221; means any capital investment, except for the\npurchase of land, by a qualified company on or after January 1, 2023, in real or\ntangible personal property to develop or support a data center in a locality\nidentified in a memorandum of understanding. &#8220;Construction cost&#8221;\nincludes infrastructure costs.\n\t\t\t&#8220;Facility&#8221; means the one or more buildings, group of buildings,\nand ancillary facilities and equipment that are located in a locality or\nlocalities identified in a memorandum of understanding and that are owned,\noccupied, or otherwise operated by or for the qualified company for data center\nand cloud computing cluster operations.\n\t\t\t&#8220;Fund&#8221; means the Cloud Computing Cluster Infrastructure Grant\nFund.\n\t\t\t&#8220;Grant&#8221; means a grant from the Fund awarded to a qualified\ncompany that is intended to pay or reimburse the qualified company for (i)\ninfrastructure costs related to the construction and support of facilities and\n(ii) costs for workforce development, recruiting, and training.\n\t\t\t&#8220;Infrastructure costs&#8221; includes the costs related to fiber,\nwater, wastewater, and stormwater facilities; gas pipelines; electrical\ntransmission and distribution lines; and site clearing, grading, and other\nimprovements to support the construction and development of a facility.\n\t\t\t&#8220;Locality&#8221; means a county or city in the Commonwealth in which a\ncompany makes an eligible investment in a facility and creates new full-time\njobs, that is identified in a memorandum of understanding, and that has entered\ninto a performance agreement.\n\t\t\t&#8220;Local match&#8221; means the funds committed by a locality identified\nin a memorandum of understanding to a qualified company related to the\nconstruction and operation of a facility. The local match shall be at least\ntwice the amount provided from the Fund to the qualified company related to the\nconstruction of, and creation of new full-time jobs at, the facility in such\nlocality, as set forth in a performance agreement. Expenditures by a locality\nthat the Secretary has certified as infrastructure costs incurred by the\nlocality at the request of the qualified company may be counted toward the local\nmatch obligation.\n\t\t\t&#8220;MEI Commission&#8221; means the MEI Project Approval Commission\nestablished pursuant to Chapter 47 (\u00a7 30-309 et seq.) of Title 30.\n\t\t\t&#8220;Memorandum of understanding&#8221; means a memorandum of understanding\nentered into on or after January 1, 2023, between a qualified company, the\nCommonwealth, and VEDP that sets forth (i) the grant amount that the qualified\ncompany shall be eligible to receive for each new full-time job created and each\n$1 million of capital investment in construction costs made; (ii) the total\naggregate amount of grants that the qualified company shall be eligible to\nreceive; (iii) the performance date; (iv) the requirements and timing for\ncapital investment and new full-time job creation by the qualified company; (v)\nthe identification of the locality or localities in which such investment and\njob creation shall take place; and (vi) any other terms and conditions deemed\nnecessary or appropriate to be eligible for grant payments from the Fund.\n\t\t\t&#8220;New full-time jobs&#8221; means job positions created on or after\nJanuary 1, 2023, but prior to July 1, 2040, in which the employee of a qualified\ncompany works at a facility, for which the average annual wage is at least one\nand one-half times the prevailing wage of the locality where the job is located,\nand for which the qualified company provides standard fringe benefits. Such\nposition shall require a minimum of either (i) 35 hours of an employee&#8217;s\ntime per week for the entire normal year of the employer&#8217;s operations,\nwhich normal year shall consist of at least 48 weeks, or (ii) 1,680 hours per\nyear. Seasonal or temporary positions shall not qualify as new full-time jobs.\nPositions created after January 1, 2023, by contractors that are dedicated\nfull-time to providing operational services after the opening of a facility may\nconstitute new full-time jobs of the qualified company but shall not exceed 20\npercent of the number used to meet any performance criteria for the creation of\nnew full-time jobs. A position created when a job function is shifted from an\nexisting location in the Commonwealth to a new facility shall qualify as a new\nfull-time job if the qualified company certifies that it has hired a new\nemployee or contractor to fill substantially the same job at the existing\nlocation as that performed by the transferred position. Such jobs shall be in\naddition to any full-time jobs that a qualified company had in the Commonwealth\nas of January 1, 2023.\n\t\t\t&#8220;Performance agreement&#8221; means an agreement entered into on or\nafter January 1, 2023, between a qualified company, a locality identified in a\nmemorandum of understanding, and VEDP that commits the locality to provide local\nfunds, either as annual cash grants or via the expenditure of local funds, for\ninfrastructure costs related to the qualified company. The local commitment\nshall equal at least twice the amount of grants from the Fund committed by the\nCommonwealth for capital investment and the creation of new full-time jobs in\nsuch locality. Such performance agreement may also include commitments related\nto accelerated permitting, property tax classifications, and other such issues\nto which the parties agree.\n\t\t\t&#8220;Performance date&#8221; means the date set forth in a memorandum of\nunderstanding by which capital investment and new full-time job creation targets\nshall be met in order to qualify for grants from the Fund.\n\t\t\t&#8220;Qualification&#8221; means the process by which a company becomes a\nqualified company eligible to enter into a memorandum of understanding and\nreceive grants from the Fund. Qualification shall require:\n\n   1. An endorsement by the MEI Commission that the company be approved by the\n   General Assembly to receive grants from the Fund. Such endorsement shall\n   include a recommendation by the MEI Commission as to the grant amount that the\n   company shall receive for each new full-time job created and each $1 million\n   of capital investment in construction costs made, as well as a recommendation\n   as to the total, aggregate amount of grants from the Fund that the company\n   shall be eligible to receive. The recommendation regarding the amount of the\n   grants shall be based upon information provided by VEDP to the MEI Commission\n   based upon a return-on-investment analysis; and\n\n   2. Approval by the General Assembly in a general appropriation act, including\n   approval of the specific grant amount that the company shall receive for each\n   new full-time job created and each $1 million of capital investment in\n   construction costs made, as well as the total, aggregate amount of grants from\n   the Fund that the company shall be eligible to receive and the date of\n   endorsement by the MEI Commission.\n   \t\t\t\tIf the MEI Commission endorses a company to receive grants from the Fund,\n   and legislation to implement the MEI Commission&#8217;s recommendation is\n   introduced in a subsequent session of the General Assembly, the specific grant\n   amount recommended and any other recommended legislative changes shall become\n   public at such time as the company publicly declares its intention to make or\n   cause to be made a capital investment at facilities of at least $50 billion\n   and to create at least 1,500 new full-time jobs that pay an average annual\n   wage of at least one and one-half times the prevailing wage of the locality\n   where the job is located, but in no case later than the first day of the\n   session of the General Assembly in which approval is sought.\n   \t\t\t\t&#8220;Qualified company&#8221; means a company, including its affiliates,\n   that, after qualification, enters into a memorandum of understanding and is\n   expected by the performance date to (i) make or cause to be made a capital\n   investment at facilities in localities identified in the memorandum of\n   understanding of at least $50 billion and (ii) create at least 1,500 new\n   full-time jobs that pay an average annual wage of at least one and one-half\n   times the prevailing wage of the locality where the job is located.\n   \t\t\t\t&#8220;Secretary&#8221; means the Secretary of Commerce and Trade or his\n   designee.\n   \t\t\t\t&#8220;VEDP&#8221; means the Virginia Economic Development Partnership\n   Authority.\n\nB. There is hereby created in the state treasury a special nonreverting fund to\nbe known as the Cloud Computing Cluster Infrastructure Grant Fund. The Fund\nshall be established on the books of the Comptroller. All funds appropriated for\nthe Fund shall be paid into the state treasury and credited to the Fund.\nInterest earned on moneys in the Fund shall remain in the Fund and be credited\nto it. Any moneys remaining in the Fund, including interest thereon, at the end\nof each fiscal year shall not revert to the general fund but shall remain in the\nFund. Moneys in the Fund shall be used solely for the purpose of making grant\npayments pursuant to this chapter. Expenditures and disbursements from the Fund\nshall be made by the State Treasurer on warrants issued by the Comptroller\npursuant to subsection F.\n\nC. A qualified company shall be eligible to receive grant payments for each\nfiscal year beginning with the Commonwealth&#8217;s fiscal year starting on July\n1, 2025, and ending no later than the Commonwealth&#8217;s fiscal year starting\non July 1, 2044, based upon its actual investments and the number of new\nfull-time jobs created prior to the performance date in localities that have\nentered into a performance agreement. The grant payments under this section\nshall be paid to the qualified company from the Fund, subject to appropriation\nby the General Assembly, during each such fiscal year, contingent upon the\nqualified company meeting the requirements for receiving grant payments set\nforth in this section and in the memorandum of understanding. The amount of the\ngrant payment in each fiscal year shall be calculated based upon the grant\namount approved for the qualified company for each new full-time job created by\nthe qualified company in the prior calendar year and each $1 million of capital\ninvestment in construction costs by the qualified company in the prior calendar\nyear, as approved by the General Assembly and included in the memorandum of\nunderstanding. The total aggregate amount of all grants paid to a qualified\ncompany shall not exceed the amount approved by the General Assembly and\nincluded in the memorandum of understanding.\n\nD. Capital investments made by a qualified company and new full-time jobs\ncreated in a locality that (i) was not identified in the memorandum of\nunderstanding and (ii) did not enter into a performance agreement shall not\nqualify for grant payments pursuant to this chapter.\n\nE. A qualified company applying for a grant payment pursuant to this chapter\nshall provide evidence, satisfactory to the Secretary, of (i) the capital\ninvestment in construction costs as of the last day of the calendar year that\nimmediately precedes the application date; (ii) the aggregate number of new\nfull-time jobs created and maintained as of the last day of the calendar year\nthat immediately precedes the date of the application; and (iii) an average\nannual wage of the new full-time jobs of at least one and one-half times the\nprevailing wage of the locality where the job is located. The application and\nevidence shall be filed with the Secretary in person, by mail, or as otherwise\nagreed upon in the memorandum of understanding, by no later than April 1 of each\nyear following the end of the calendar year upon which the evidence set forth is\nbased. Failure to meet the filing deadline shall result in a deferral of a\nscheduled grant payment. For filings by mail, the postmark cancellation shall\ngovern the date of the filing determination.\n\nF. Within 60 days of receiving the application and evidence pursuant to\nsubsection E, the Secretary shall certify to the Comptroller and the qualified\ncompany the verification of the information contained in the application and the\nresulting amount of the grant payments to which the grant-eligible company may\nbe entitled for payment. Such grant payments shall be made annually by check or\nelectronic payment issued by the State Treasurer on warrant of the Comptroller\nin each fiscal year following the submission of such application, as provided in\nthe memorandum of understanding. The Comptroller shall not draw any warrants to\nissue checks or electronic payments for grant payments under this chapter\nwithout a specific appropriation for the same.\n\nG. As a condition for the receipt of a grant payment, a qualified company shall\nmake available for inspection to the Secretary, upon request, documents relevant\nand applicable to determining whether the qualified company has met the\nrequirements for the receipt of a grant payment as set forth in this chapter and\nsubject to the memorandum of understanding. Copies of the performance agreement\nand a certification by each locality subject to a performance agreement and the\nqualified company that the provisions of such agreement have been fulfilled\nshall also be provided to the Secretary.\n\nHISTORY: 2023, cc. 671, 678.","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}}