House 4002

WEST virginia legislature

2026 regular session

Committee Substitute

for

House Bill 4002

By Delegates Dittman, Chiarelli, Willis, Statler, Stephens, Amos, J. Cannon, Ellington, Canterbury, Ferrell, and Parsons

[Originating in the Committee on Education; Reported on January 20, 2026]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §4-16-1, §4-16-2, and §4-16-3, relating to establishing the West Virginia Collaboratory; establishing powers and duties; directing funding; establishing an advisory group; specifying composition and duties of the advisory group; authorizing reimbursement of members; exempting meetings of the advisory group from open meetings laws; exempting documents compiled by the advisory group from public records requests; and requiring annual reports.

Be it enacted by the Legislature of West Virginia:

ARTICLE 16. THE WEST VIRGINIA COLLABORATORY.

§4-16-1. The West Virginia Collaboratory established.

 (a) There is established the West Virginia Collaboratory (Collaboratory) to facilitate the dissemination of the policy and research expertise of state institutions of higher education within West Virginia, as that term is defined in §18B-1-2 of this code, for practical use by state and local governments and for the benefit of the citizens of the State of West Virginia. The Collaboratory shall be housed at Marshall University.

(b) The Collaboratory shall do at least the following within the funds available by appropriation of the Legislature:

(1) Conduct, manage, or participate in research projects and opportunities that may be of interest to citizens and policymakers within the state, including, but not limited to, research in the areas of workforce development, public education, economic development, and natural resources management, including, but not limited to, research related to the environmental and economic components of the management of the natural resources within the state and of new technologies for habitat, environmental, and water quality improvements;

(2) Support research programs at institutions of higher education within the Collaboratory’s areas of focus and expertise;

(3) Identify, pursue, and support research and development opportunities through technology research and development, including, but not limited to, funding opportunities and partnerships between institutions of higher education, government agencies, nonprofit organizations, and both private and public businesses;

(4) Develop and disseminate relevant best practices to interested parties; lead or participate in projects across the state; and make policy, research, funding, and other recommendations to the Legislature;

(5) Assist the Office of State Fire Marshal in the maintenance of standard safe practices for the discharge of Aqueous Film-Forming Foams (AFFF) as may be established by legislative rule under the authority of §29-3-5g of this code; and

(6) Teach and train students and faculty to engage in and administer neutral and unbiased research and advice on science policy through:

(A) Informal workshops and similar events; and

(B) Formal development and delivery of curriculum.

(c) The following applies to funding received by the Collaboratory:

(1) Funds appropriated by the Legislature and used by the Collaboratory may not be used for indirect overhead costs at a state institution of higher education partnering with the Collaboratory.

(2) All units of state and local government shall cooperate with and assist in any research program of the Collaboratory which shall include at least the following:

(A) Access to infrastructure;

(B) Access to personnel; and

(C) The sharing of information and data necessary or helpful to the accomplishment of the duties of the Collaboratory free of charge, subject to the provisions of applicable state and federal law.

(3) The Collaboratory may expend such moneys as are necessary to enter into cooperative agreements with non-academic entities partnering with a state institution of higher education in furtherance of completing research projects in accordance with the provisions of this article.

(4) The Collaboratory may allocate funds for capital improvements on or in any property owned or operated by Marshall University to carry out research and development projects in which the Collaboratory has funded completely or in part.

(5) The Collaboratory may negotiate or impose data use, data management, and revenue sharing requirements for intellectual property developed through its research awards using state funds, including, but not limited to, contractual terms that provide for gross revenue distribution to the general fund.

(6) Funds appropriated by the Legislature to the Collaboratory shall not revert to the general revenue of the state but shall remain available until expended.

§4-16-2. Advisory group.

(a) There is hereby established the Collaboratory Advisory Group, which shall consist of the following members:

(1) Two members of the House of Delegates, to be appointed by the Speaker of the House of Delegates;

(2) Two members of the Senate, to be appointed by the President of the Senate;

(3) A designee of Marshall University, to be appointed by the President of Marshall University;

(4) A designee of West Virginia University, to be appointed by the President of West Virginia University;

(5) A designee of West Virginia State University, to be appointed by the President of West Virginia State University;

(6) The Chancellor of the Higher Education Policy Commission, or his or her designee; and

(7) Two persons who are citizens and residents of the state, to be appointed by agreement of the Speaker of the House of Delegates and the President of the Senate, who possess a broad understanding of the relationship between public and private sector research.

(b) The Collaboratory Advisory Group shall assist the Collaboratory in establishing priorities and developing protocols for purposes of identifying research opportunities contemplated by this article and may:

(1) Recommend timely research and project ideas to the Collaboratory to fund as well as anticipate and identify emerging topics and relevant policy issues for future projects;

(2) Help identify higher education subject matter experts to lead and contribute to Collaboratory projects;

(3) Utilize their expertise and experience to define the work of the Collaboratory’s research projects and prioritize research projects;

(4) Review and recommend modifications to funding proposals and projects under consideration by the Collaboratory; and

(5) Review and recommend modifications to all Collaboratory reports and publications ensuring accuracy and objectivity.

(c) The Collaboratory Advisory Group members shall be reimbursed from funds of the Collaboratory for sums necessary to carry out its responsibilities and for reasonable travel expenses to attend meetings.

(d) Meetings of the Collaboratory Advisory Group are not subject to the provisions of §6-9A-1 et seq. of this code. Any records compiled by the Collaboratory Advisory Group in furtherance of its duties are not public records and are not subject to disclosure in response to a Freedom of Information Act request under §29B-1-1 et seq. of this code.

§4-16-3. Annual report.

By December 1 of each year, the Collaboratory shall report to the Joint Committee on Government and Finance on its activities in the prior fiscal year and any legislative recommendations. The report shall include a summary of the administration of accounts and expenditures from appropriated funds.