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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>56246</law_id><section_number>2.2-5100</section_number><catch_line>Short title; definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-1422.06</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="2.2">Administration of Government</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Administration of State Government</unit><unit label="part" level="3" order_by="1" identifier="B">Transaction of Public Business</unit><unit label="chapter" level="4" order_by="1" identifier="51">Virginia Investment Partnership Act</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> This chapter shall be known and may be cited as the &#x201C;Virginia Investment <span class="dictionary">Partnership</span> Act.&#x201D; <a id="paragraph-206010" class="section-permalink" href="https://vacode.org/2.2-5100/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> As used in this chapter, unless the context requires a different meaning:
			&#x201C;<span class="dictionary">Average manufacturing wage</span>&#x201D; means that amount determined by the Virginia Employment Commission to be the average wage paid manufacturing workers in a locality or region of the Commonwealth.
			&#x201C;<span class="dictionary">Average nonmanufacturing wage</span>&#x201D; means that amount determined by the Virginia Employment Commission to be the average wage paid nonmanufacturing workers in <span class="dictionary">basic employment</span> in a locality or region of the Commonwealth.
			&#x201C;<span class="dictionary">Basic employment</span>&#x201D; means employment that brings new or additional income into Virginia and adds to the gross state product.
			&#x201C;<span class="dictionary">Capital investment</span>&#x201D; means an investment in real property, personal property, or both, at a manufacturing or basic nonmanufacturing facility within the Commonwealth that is capitalized by the company and that increases the <span class="dictionary">productivity</span> of the manufacturing facility, results in the creation, development or utilization of a more advanced technology than is in use immediately prior to such investment, or both. In <span class="dictionary">order</span> to qualify as a <span class="dictionary">capital investment</span>, an investment in technology shall result in a measurable increase in capacity or <span class="dictionary">productivity</span>, a measurable decrease in the production of <span class="dictionary">flawed product</span>, or both. Expenditures for maintenance, replacement or repair of existing machinery, tools and real property shall not constitute a <span class="dictionary">capital investment</span>; however, expenditures for the replacement of property shall not be ineligible for designation as a <span class="dictionary">capital investment</span> if such replacement results in a measurable increase in <span class="dictionary">productivity</span>.
			&#x201C;<span class="dictionary">Eligible company</span>&#x201D; means, for companies located in a Metropolitan Statistical Area with a population of 300,000 or more in the most recently preceding decennial census, a Virginia employer that:
			a. (i) creates or causes to be created at least 400 jobs with average salaries at least 50 percent greater than the <span class="dictionary">Prevailing Average Wage</span> or (ii) creates or causes to be created at least 300 jobs with average salaries at least 100 percent greater than the <span class="dictionary">Prevailing Average Wage</span>, and
			b. makes a <span class="dictionary">capital investment</span> of at least $5 million or $6,500 per job, whichever is greater.
			For all companies located elsewhere in Virginia, &#x201C;<span class="dictionary">eligible company</span>&#x201D; shall mean a Virginia employer that creates or causes to be created at least 200 jobs with average salaries at least 50 percent greater than the <span class="dictionary">Prevailing Average Wage</span>, and making a <span class="dictionary">capital investment</span> of at least $6,500 per job.
			&#x201C;<span class="dictionary">Eligible manufacturer or <span class="dictionary">research and development service</span></span>&#x201D; means an <span class="dictionary">existing Virginia manufacturer</span> or <span class="dictionary">research and development service</span> that makes a <span class="dictionary">capital investment</span> of at least $25 million that is announced on or after June 1, 1998, which investment does not result in any net reduction in employment within one year after the <span class="dictionary">capital investment</span> has been completed and verified. Any entity participating in any other production grant program in the Commonwealth shall not be an <span class="dictionary">eligible manufacturer or <span class="dictionary">research and development service</span></span>.
			&#x201C;<span class="dictionary">Eligible <span class="dictionary">research and development service</span></span>&#x201D; means an existing Virginia <span class="dictionary">research and development service</span> that supports manufacturing and that makes a <span class="dictionary">capital investment</span> of at least $25 million, which investment does not result in any net reduction in employment within one year after the <span class="dictionary">capital investment</span> has been completed and verified. Any entity participating in any other production grant program in the Commonwealth shall not be eligible.
			&#x201C;<span class="dictionary">Existing Virginia manufacturer</span>&#x201D; means a manufacturer that has a legal presence within the Commonwealth for at least three years prior to making the announcement of the <span class="dictionary">capital investment</span> that makes it an eligible manufacturer.
			&#x201C;<span class="dictionary">Flawed product</span>&#x201D; means an irregular unit of goods that cannot be sold to an end user.
			&#x201C;<span class="dictionary">Fund</span>&#x201D; means the Virginia Investment <span class="dictionary">Partnership</span> Grant <span class="dictionary">Fund</span> created pursuant to &#xA7; <a class="law" title="Virginia Investment Partnership Grant Fund" href="/2.2-5104/">2.2-5104</a>, comprised of (i) the <span class="dictionary">Major Eligible Employer</span> Grant subfund, (ii) the Investment Performance Grant subfund, and (iii) the Economic Development Incentive Grant subfund.
			&#x201C;<span class="dictionary">Major eligible employer</span>&#x201D; means an <span class="dictionary">existing Virginia manufacturer</span> or any other nonmanufacturing basic employer that makes a <span class="dictionary">capital investment</span> of at least $100 million and creates at least 1,000 jobs, or corporate headquarters and other basic employers that make a <span class="dictionary">capital investment</span> of at least $100 million and create at least 400 jobs paying at least twice the <span class="dictionary">prevailing average wage</span> for the area.
			&#x201C;Manufacturer&#x201D; means a business firm owning or operating a manufacturing establishment as defined in the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget or the North American Industry Classification System Manual issued by the United States Census Bureau.
			&#x201C;<span class="dictionary">Net present value of benefits to Virginia</span>&#x201D; means the present value of the amount by which (i) the anticipated additional state tax revenue expected to accrue to the Commonwealth as a result of the <span class="dictionary">capital investment</span> and jobs created, over a period following the completion of the <span class="dictionary">capital investment</span> not to exceed 20 years, exceeds (ii) the value of all incentives provided by the Commonwealth, including any grant under this article, for such <span class="dictionary">capital investment</span> during that period.
			&#x201C;<span class="dictionary">New job</span>&#x201D; means employment of an indefinite duration at the eligible facility, created as the direct result of the <span class="dictionary">capital investment</span>, for which the standard fringe benefits are paid by the firm for the employee, requiring a minimum of either (i) 35 hours of an employee&#x2019;s time a week for the entire <span class="dictionary">normal year</span> of the firm&#x2019;s operations, which &#x201C;<span class="dictionary">normal year</span>&#x201D; must consist of at least 48 weeks or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth to the facility, and positions with contractors, suppliers, and similar multiplier or spin-off jobs shall not qualify as <span class="dictionary">new jobs</span> under this article.
			&#x201C;<span class="dictionary">Partnership</span>&#x201D; means the Virginia Economic Development <span class="dictionary">Partnership</span>.
			&#x201C;<span class="dictionary">Prevailing Average Wage</span>&#x201D; means that amount determined by the Virginia Employment Commission to be the average wage paid workers in the city or county of the Commonwealth where the <span class="dictionary">eligible company</span> is located.
			&#x201C;<span class="dictionary">Productivity</span>&#x201D; means the number of hours of labor required to produce a unit of goods.
			&#x201C;<span class="dictionary">Research and development service</span>&#x201D; means a business firm owning or operating an establishment engaged in conducting research and experimental development that supports manufacturing in the physical, engineering and life sciences as defined in the North American Industry Classification System Manual issued by the United States Census Bureau.
			&#x201C;<span class="dictionary">Secretary</span>&#x201D; means the <span class="dictionary">Secretary</span> of Commerce and Trade. <a id="paragraph-206011" class="section-permalink" href="https://vacode.org/2.2-5100/#B"><i class="fa fa-link"/></a></p></section></text><history>1999, cc. 875, 961, &#xA7;&#xA7; 2.1-548.43:1, 2.1-548.43:2; 2000, c. 571; 2001, c. 844; 2003, c. 17; 2005, c. 431; 2009, cc. 151, 174; 2012, cc. 196, 407.</history><metadata></metadata></law>
