67-903 - (Contingent effective date - see Editor's note) Requirements for grants generally.
§ 67-903. (Contingent effective date - see Editor's note) Requirements forgrants generally.
A. The Department shall establish an application process by which eligiblecorporations shall apply for a grant under this chapter. An application for agrant under this chapter shall not be approved until the Department hasverified that the electricity has been produced from qualified energyresources at a qualified Virginia facility and that sufficient moneys areavailable in the Fund.
B. The application shall be filed with the director of the Department nolater than March 31 each year following the calendar year in which suchkilowatt hours of electricity were sold or used in production by a qualifiedVirginia facility. Failure to meet the filing deadline shall render theapplicant ineligible to receive a grant for such kilowatt hours ofelectricity sold or so used in the prior calendar year. For filings by mail,the postmark cancellation shall govern the date of the filing determination.
C. The application shall provide evidence, satisfactory to the Department, ofthe number of kilowatt hours of electricity produced by the corporation fromqualified energy resources at a qualified Virginia facility that were sold,or used in production by a qualified Virginia facility, by such corporationin the prior calendar year.
D. As a condition of receipt of a grant, an eligible corporation shall makeavailable to the Department for inspection upon request all relevant andapplicable documents to determine whether the requirements for the receipt ofgrants as set forth in this chapter have been satisfied. All such documentsappropriately identified by the eligible corporation shall be consideredconfidential and proprietary.
E. A corporation receiving a grant for the production and sale of kilowatthours of electricity under this chapter may not use the production or sale ofsuch kilowatt hours of electricity as the basis for claiming any other grantor credit against taxes, as provided under the Code of Virginia or in anappropriation act.
(2006, c. 939.)