§11-13kK-12. §11-13KK-12. Tax credit review and accountability.

1. (a) Beginning on February 1, 2026, and every fifth year thereafter, the Tax Commissioner shall submit to the Governor, the President of the Senate, and the Speaker of the House of Delegates a tax credit review and accountability report evaluating the cost effectiveness of this credit during the most recent five-year period for which information is available. The criteria to be evaluated shall include, but not be limited to, for each year of the five-year period:

   1. (1) The numbers of taxpayers claiming the credit;
   2. (2) The moneys invested, and net number of new jobs created by all taxpayers claiming the credit;
   3. (3) The cost of the credit;
   4. (4) The cost of the credit per new job created; and
   5. (5) Comparison of employment trends for an industry and for taxpayers within the industry that claim the credit.
2. (b) Taxpayers claiming the credit shall provide any information the Tax Commissioner may require to prepare the report required by this section: Provided, That the information provided is subject to the confidentiality and disclosure provisions of §11-10-5d of this code.

3. (c) On or before February 1, 2026, the Department of Commerce, in consultation with the Tax Commissioner, the Department of Transportation, and the Department of Environmental Protection shall submit to the Governor, the President of the Senate, and the Speaker of the House of Delegates a report of the impact of all the tax credits and other economic incentives provided in §11-13KK-1 et seq. of this code upon;

   1. (1) Economic development in this state, including, but not limited to, the moneys invested and jobs created in this state;
   2. (2) the state’s infrastructure, including, but not limited to, the need for construction or maintenance of the roads and highways of the state;
   3. (3) the natural resources of the state; and (4) upon public and private property interests in the state.