Vol. 29 Iss. 26 - August 26, 2013

Chapter 112
Final Regulation

REGISTRAR'S NOTICE: The Board of Housing and Community Development is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Board of Housing and Community Development will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 13VAC5-112. Enterprise Zone Grant Program Regulation (amending 13VAC5-112-495).

Statutory Authority: § 59.1-541 of the Code of Virginia.

Effective Date: September 26, 2013.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email


Pursuant to Chapter 514 of the 2013 Acts of Assembly, the amendments specify (i) when an enterprise zone is redesignated as a joint enterprise zone after an additional locality has been added to the zone and (ii) the duration of the redesignated zone after redesignation. Prior to the enactment of the 2013 legislation, the enterprise zone statute was silent on the impact of redesignation on the duration of the affected enterprise zones.

13VAC5-112-495. Redesignation of certain joint enterprise zones.

A. Existing joint enterprise zones consisting of two localities may be redesignated for the purpose of expanding the zone provided (i) all of the local governing bodies of the localities in which the proposed redesignated zone will be located have submitted resolutions to the department supporting the proposed redesignation and application for redesignation of the joint enterprise zone and (ii) the area of the locality added to the redesignated zone is contiguous to the existing joint enterprise zone and includes a revenue-sharing district that has experienced the loss of 900 permanent full-time positions within a 12-month period.

B. When a county or city was previously added to an existing enterprise zone to create a joint enterprise zone, the department shall redesignate the enterprise zone when the term of the joint enterprise zone expires. The duration of the enterprise zone redesignated pursuant to this subsection shall be equal to the length of time the original enterprise zone existed before the county or city was added to create the joint enterprise zone.

C. Any redesignation of an existing joint enterprise zone shall be in compliance with all applicable regulations of the Board of Housing and Community Development.

VA.R. Doc. No. R13-3822; Filed July 26, 2013, 1:00 p.m.