BP BHEAD INT S [atlas:bill]

AN ACT Relating to providing a tax incentive to build facilities to be used by biotechnology businesses; amending RCW 82.63.010 and 82.63.045; adding a new section to chapter 82.63 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that biotechnology businesses often lack the start-up capital to build their own laboratories. The building industry has indicated a willingness to build, on a speculative basis, facilities for the biotechnology industry. The various exemption and deferral programs currently in law are specifically directed to the operators of the facilities or to lessors who in advance of construction or acquisition agree to pass the benefit of the incentive to the tenant. Speculative building does not qualify for any of the exemption or deferral programs. It is the intent of the legislature to allow speculative builders to be exempt from sales and use tax on the construction of laboratory space for this uniquely situated industry segment.

Sec. 2. RCW 82.63.010 and 1995 1st sp.s. c 3 s 12 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Advanced computing" means technologies used in the designing and developing of computing hardware and software, including innovations in designing the full spectrum of hardware from hand-held calculators to super computers, and peripheral equipment.

(2) "Advanced materials" means materials with engineered properties created through the development of specialized processing and synthesis technology, including ceramics, high value-added metals, electronic materials, composites, polymers, and biomaterials.

(3) "Applicant" means a person applying for a tax deferral under this chapter.

(4) "Biotechnology" means the application of technologies, such as recombinant DNA techniques, biochemistry, molecular and cellular biology, genetics and genetic engineering, cell fusion techniques, and new bioprocesses, using living organisms, or parts of organisms, to produce or modify products, to improve plants or animals, to develop microorganisms for specific uses, to identify targets for small molecule pharmaceutical development, or to transform biological systems into useful processes and products or to develop microorganisms for specific uses.

(5) "Department" means the department of revenue.

(6) "Electronic device technology" means technologies involving microelectronics; semiconductors; electronic equipment and instrumentation; radio frequency, microwave, and millimeter electronics; optical and optic-electrical devices; and data and digital communications and imaging devices.

(7) "Eligible investment project" means an investment project which either initiates a new operation, or expands or diversifies a current operation by expanding, renovating, or equipping an existing facility. Except as provided in section 3 of this act for builders of qualified buildings used for biotechnology research and development, the lessor or owner of the qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.

(8) "Environmental technology" means assessment and prevention of threats or damage to human health or the environment, environmental cleanup, and the development of alternative energy sources.

(9) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction or improvement of the project.

(10) "Person" has the meaning given in RCW 82.04.030.

(11) "Pilot scale manufacturing" means design, construction, and testing of preproduction prototypes and models in the fields of biotechnology, advanced computing, electronic device technology, advanced materials, and environmental technology other than for commercial sale. As used in this subsection, "commercial sale" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.

(12) "Qualified buildings" means construction of new structures, and expansion or renovation of existing structures for the purpose of increasing floor space or production capacity used for pilot scale manufacturing or qualified research and development, including plant offices and other facilities that are an essential or an integral part of a structure used for pilot scale manufacturing or qualified research and development. If a building is used partly for pilot scale manufacturing or qualified research and development, and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.

(13) "Qualified machinery and equipment" means fixtures, equipment, and support facilities that are an integral and necessary part of a pilot scale manufacturing or qualified research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment, instrumentation, and other devices used in a process of experimentation to develop a new or improved pilot model, plant process, product, formula, invention, or similar property; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; vats, tanks, and fermenters; operating structures; and all other equipment used to control, monitor, or operate the machinery. For purposes of this chapter, qualified machinery and equipment must be either new to the taxing jurisdiction of the state or new to the certificate holder, except that used machinery and equipment may be treated as qualified machinery and equipment if the certificate holder either brings the machinery and equipment into Washington or makes a retail purchase of the machinery and equipment in Washington or elsewhere.

(14) "Qualified research and development" means research and development performed within this state in the fields of advanced computing, advanced materials, biotechnology, electronic device technology, and environmental technology.

(15) "Recipient" means a person receiving a tax deferral under this chapter.

(16) "Research and development" means activities performed to discover technological information, and technical and nonroutine activities concerned with translating technological information into new or improved products, processes, techniques, formulas, inventions, or software. The term includes exploration of a new use for an existing drug, device, or biological product if the new use requires separate licensing by the federal food and drug administration under chapter 21, C.F.R., as amended. The term does not include adaptation or duplication of existing products where the products are not substantially improved by application of the technology, nor does the term include surveys and studies, social science and humanities research, market research or testing, quality control, sale promotion and service, computer software developed for internal use, and research in areas such as improved style, taste, and seasonal design.

NEW SECTION. Sec. 3. A new section is added to chapter 82.63 RCW to read as follows:

(1) A person who proposes to construct a new qualified building or renovate an existing qualified building, for biotechnology research and development, may submit an application for an investment project to the department of revenue. The department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on the eligible investment project provided that the building meets the following criteria:

(a) The building has an airflow capacity of twelve to fifteen air changes per hour and the air must be one hundred percent outside air;

(b) The following fire protection systems and standards must be in place:

(i) All areas of the building are covered by automatic fire detection and fire suppression systems;

(ii) The fire suppression system is designed to an "ordinary hazard group II" classification level;

(iii) The hazardous materials storage rooms have a sprinkler system designed for "extra hazard group II";

(iv) Laboratory areas are defined by at least one hour firewall separations;

(d) The chemical storage and handling rooms and waste storage and recycling activities must be designed to meet "H occupancy" of the uniform building code;

(e) A separate hot and cold water supply should be provided to serve the laboratory areas with code-approved backflow prevention at the connection to the building or municipal water system;

(f) Floor to floor height for new construction should be at least fifteen feet and for renovations should be at least thirteen feet; and

(g) The building is intended for use as a biotechnology research and development facility.

(2) A person to whom a certificate is issued under this section is subject to all requirements of this chapter except the recipient is not required to have a signed agreement with a tenant before initiation of construction nor is the recipient required to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments. If the certificate holder transfers ownership of the building before the end of the eight-year period in RCW 82.63.045, taxes are immediately due unless the purchaser agrees to accept the conditions of the deferral. This agreement shall be in writing and a copy of it shall be transmitted to the department.

Sec. 4. RCW 82.63.045 and 1995 1st sp.s. c 3 s 13 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, taxes deferred under this chapter need not be repaid.

(2) If, on the basis of a report under RCW 82.63.020 or other information, the department finds that an investment project eligible under section 3 of this act is not used for biotechnology research and development or that ((an)) any other investment project is used for purposes other than qualified research and development or pilot scale manufacturing at any time during the calendar year in which the investment project is certified by the department as having been operationally completed, or at any time during any of the seven succeeding calendar years, a portion of deferred taxes shall be immediately due according to the following schedule:

Year in which use occurs % of deferred taxes due

1 100%

2 87.5%

3 75%

4 62.5%

5 50%

6 37.5%

7 25%

8 12.5%

The department shall assess interest at the rate provided for delinquent taxes, but not penalties, retroactively to the date of deferral.

(3) Notwithstanding subsection (2) of this section, deferred taxes on the following need not be repaid:

(a) Machinery and equipment, and sales of or charges made for labor and services, which at the time of purchase would have qualified for exemption under RCW 82.08.02565; and

(b) Machinery and equipment which at the time of first use would have qualified for exemption under RCW 82.12.02565.

NEW SECTION. Sec. 5. This act takes effect July 1, 1998.