West Virginia Code of State Rules Agency 165 - Community And Economic Development
West Virginia Code of State Rules — Agency 165: Community and Economic Development
1. Purpose of Agency 165
Agency 165 is responsible for the administration and implementation of programs designed to foster community and economic development in West Virginia. These programs aim to:
Stimulate local economies through various funding, grants, and technical support.
Promote regional development by enhancing infrastructure, job creation, and economic opportunities in underdeveloped areas of the state.
Assist communities in achieving sustainable growth through targeted investments, workforce training, and small business support.
The regulations under Agency 165 establish the rules and procedures for the programs administered by the agency, including but not limited to grants, loans, and other funding mechanisms for local governments, non-profit organizations, and private sector partners.
2. Statutory Background
Enabling Legislation:
West Virginia Code § 5B-2: This is the primary legislative authority governing the Community and Economic Development (CED) programs. It outlines the establishment of the agency and provides the foundational powers and duties related to economic development.
West Virginia Code § 5B-1: Also relevant to Agency 165, this code includes sections on the broader role of the Department of Economic Development (which oversees Agency 165) in fostering economic growth and stability in West Virginia.
These statutes authorize Agency 165 to manage state resources and funds for the purpose of enhancing business, infrastructure, and community development through grants, loans, and partnership programs.
3. Key Provisions of Agency 165 Regulations
Agency 165’s rules and regulations outline how the agency manages funding programs, oversees economic development initiatives, and collaborates with local and regional entities. Some key sections include:
A. Community Development Programs
Agency 165 administers several programs to support the development and revitalization of communities across West Virginia. These programs aim to enhance the quality of life, create jobs, and improve infrastructure. Some of the key programs might include:
Community Development Block Grant (CDBG) Program: This program provides financial assistance to local governments for a wide variety of community development needs, including affordable housing, public infrastructure, and economic development projects.
Rural Economic Development: Aimed at providing grants and loans to foster sustainable economic growth in rural areas, helping businesses start or expand and improving local infrastructure.
Small Business Development: Offering financial and technical assistance to start-ups and small businesses, especially those in rural areas or underserved communities.
B. Economic Development Initiatives
Job Creation Incentives: Agency 165 may manage programs that provide incentives for businesses to create jobs in targeted areas, such as tax credits or subsidies for job creation.
Workforce Development: These programs partner with educational institutions and training centers to ensure the workforce in West Virginia is prepared for the skills required by modern employers.
Infrastructure Improvements: Programs aimed at improving essential infrastructure such as roads, water systems, and broadband access in underdeveloped or economically distressed regions.
C. Grant and Loan Programs
One of the main functions of Agency 165 is administering financial assistance to both public and private entities through various grant and loan programs:
Grants: Agency 165 typically offers grants to local governments, non-profits, and business ventures that demonstrate the ability to drive economic development in specific regions.
Loans: These are made available to both public and private entities to support specific economic projects that may not qualify for traditional bank financing. Loans often focus on areas such as infrastructure development or business expansion.
Application Process: The application process for grants and loans is often competitive and requires detailed proposals outlining project goals, benefits to the community, and financial sustainability.
D. Administrative and Compliance Requirements
Project Oversight: Recipients of grants and loans must comply with reporting requirements and demonstrate progress on the development goals they’ve outlined in their applications.
Compliance with State Law: All programs administered by Agency 165 must comply with applicable state laws, including fiscal accountability, environmental regulations, and public procurement processes.
Evaluation and Monitoring: Agency 165 monitors the success and completion of projects funded through grants and loans, ensuring they meet the expected outcomes.
4. Case Law and Legal Challenges
While there may not be many direct, published case law rulings specifically related to Agency 165 regulations, some principles can be derived from general legal frameworks surrounding economic development laws in West Virginia.
Common Legal Issues in Economic Development Programs:
Eligibility Disputes: Legal challenges can arise over the eligibility of applicants or the interpretation of program requirements. Courts may rule on disputes related to the fairness of selection processes or the criteria for grant and loan awards.
Breach of Agreement: If a grantee or loan recipient fails to meet the milestones or conditions specified in their agreement with the agency, the state may seek legal enforcement. These situations can lead to contract law disputes, where the agency may seek to recover funds or terminate the agreement.
Regulatory Interpretation: Agency 165’s regulations may sometimes be subject to judicial review. This could occur if a party challenges the agency's interpretation or application of a rule or if there is a dispute regarding the scope of the agency’s powers under its enabling legislation.
Environmental and Land Use Regulations: As many economic development projects involve construction or infrastructure changes, legal challenges may arise in the context of environmental laws or land use regulations. Courts may interpret how Agency 165 must balance economic development with environmental preservation.
5. Summary of Agency 165 Roles and Functions
| Function | Details |
|---|---|
| Community Development | Administers programs for local economic and infrastructure development, such as grants for public facilities and services. |
| Economic Development | Provides incentives, technical support, and financial assistance to businesses to stimulate growth and job creation. |
| Workforce Development | Partners with educational institutions and businesses to ensure a skilled workforce in the state. |
| Grant & Loan Programs | Offers financial support to both private and public entities for a variety of development projects. |
| Oversight & Compliance | Monitors the effectiveness of funded projects and ensures compliance with state laws and program requirements. |
6. Summary
Agency 165’s regulations provide the framework for promoting economic development and community improvement across West Virginia. The agency achieves this by offering grants and loans for projects related to infrastructure, business development, workforce training, and regional growth. While its authority is grounded in state law, the implementation of these programs requires detailed procedures, eligibility requirements, and compliance measures to ensure accountability and success.
The statutory foundation allows Agency 165 to drive both local economic development and statewide prosperity by providing targeted support to areas that need it the most. Although case law regarding these programs is relatively rare, legal challenges often involve issues such as eligibility, contract compliance, or disputes over project outcomes.
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