BILL REQ. #:  H-4084.2 

Read first time 02/01/2006.   Referred to Committee on Economic Development, Agriculture & Trade.

     AN ACT Relating to business incentives for timber mills designated as forest products operations of statewide significance; amending RCW 43.157.010, 43.157.020, and 43.157.030; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 36.32 RCW; and providing an effective date.

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

Sec. 1   RCW 43.157.010 and 2004 c 275 s 63 are each amended to read as follows:
     (1) For purposes of this chapter and RCW 28A.525.166, 28B.76.210, 28C.18.080, 43.21A.350, 47.06.030, and 90.58.100 ((and)), an industrial project of statewide significance is a border crossing project that involves both private and public investments carried out in conjunction with adjacent states or provinces or a private industrial development with private capital investment in manufacturing or research and development. To qualify as an industrial project of statewide significance: (a) The project must be completed after January 1, 1997; (b) the applicant must submit an application for designation as an industrial project of statewide significance to the department ((of community, trade, and economic development)); and (c) the project must have:
     (i) In counties with a population of less than or equal to twenty thousand, a capital investment of twenty million dollars;
     (ii) In counties with a population of greater than twenty thousand but no more than fifty thousand, a capital investment of fifty million dollars;
     (iii) In counties with a population of greater than fifty thousand but no more than one hundred thousand, a capital investment of one hundred million dollars;
     (iv) In counties with a population of greater than one hundred thousand but no more than two hundred thousand, a capital investment of two hundred million dollars;
     (v) In counties with a population of greater than two hundred thousand but no more than four hundred thousand, a capital investment of four hundred million dollars;
     (vi) In counties with a population of greater than four hundred thousand but no more than one million, a capital investment of six hundred million dollars;
     (vii) In counties with a population of greater than one million, a capital investment of one billion dollars;
     (viii) In counties with fewer than one hundred persons per square mile as determined annually by the office of financial management and published by the department of revenue effective for the period July 1st through June 30th, projected full-time employment positions after completion of construction of fifty or greater;
     (ix) In counties with one hundred or more persons per square mile as determined annually by the office of financial management and published by the department of revenue effective for the period July 1st through June 30th, projected full-time employment positions after completion of construction of one hundred or greater; or
     (x) Been designated by the director of community, trade, and economic development as an industrial project of statewide significance either: (A) Because the county in which the project is to be located is a distressed county and the economic circumstances of the county merit the additional assistance such designation will bring; or (B) because the impact on a region due to the size and complexity of the project merits such designation.
     (2) ((The term)) The definitions in this subsection apply throughout this chapter unless the context clearly requires otherwise.
     (a) "Forest products operation of statewide significance" is an industrial operation that processes or mills only timber that has been harvested from public or private lands within the state of Washington and has been certified as such under RCW 43.157.030. To qualify for a designation as a forest products operation of statewide significance, the operation must be either wholly new, a refurbished existing facility, or an existing facility that has increased milling capacity.
     (b) "Manufacturing" ((shall have the meaning assigned it in RCW 82.61.010)) means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and includes the production or fabrication of specially made or custom-made articles.
     (((3) The term)) (c) "Research and development" ((shall have the meaning assigned it in RCW 82.61.010)) means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun.
     (((4) The term)) (d) "Applicant" means a person applying to the department ((of community, trade, and economic development)) for designation of a development project as an industrial project of statewide significance or as a forest products operation of statewide significance.
     (e) "Department" means the department of community, trade, and economic development.

Sec. 2   RCW 43.157.020 and 2003 c 54 s 2 are each amended to read as follows:
     (1) Counties and cities with projects designated as industrial projects of statewide significance within their jurisdictions shall enter into an agreement with the office of permit assistance and the project managers of industrial projects of statewide significance for expediting the completion of industrial projects of statewide significance. The agreement shall require:
     (((1))) (a) Expedited permit processing for the design and construction of the project;
     (((2))) (b) Expedited environmental review processing;
     (((3))) (c) Expedited processing of requests for street, right of way, or easement vacations necessary for the construction of the project; and
     (((4))) (d) Such other items as are deemed necessary by the office of permit assistance for the design and construction of the project.
     (2) Counties with projects designated as forest products operations of statewide significance, along with any pertinent state entities with permitting authority or requirements, shall enter into an agreement with the office of permit assistance and the project manager for the forest products operation of statewide significance for expediting the completion of the forest products operation of statewide significance. The agreement shall guarantee that any necessary permit for the construction or operation of the forest products operation of statewide significance be granted within ninety days of application. If a permit is not granted by the end of the ninety-day period, then issuance of a permit with no conditions or modifications will be automatic and assumed by the project managers on the ninety-first day following application.

Sec. 3   RCW 43.157.030 and 2003 c 54 s 3 are each amended to read as follows:
     (1) The department ((of community, trade, and economic development)) shall:
     (a) Develop an application for designation of development projects as industrial projects of statewide significance and for forest products operations of statewide significance. The application for industrial projects of statewide significance must be accompanied by a letter of approval from the legislative authority of any jurisdiction that will have the proposed industrial project of statewide significance within its boundaries. No designation of a project as an industrial project of statewide significance shall be made without such letter of approval. The letter of approval must state that the jurisdiction joins in the request for the designation of the project as one of statewide significance and has or will hire the professional staff that will be required to expedite the processes necessary to the completion of an industrial project of statewide significance. The application shall contain information regarding the location of the project, the applicant's average employment in the state for the prior year, estimated new employment related to the project, estimated wages of employees related to the project, estimated time schedules for completion and operation, and other information required by the department; and
     (b) Certify that the project meets or will meet the requirements of RCW 43.157.010 regarding designation as an industrial project of statewide significance.
     (2) The office of permit assistance shall assign a project facilitator or coordinator to each industrial project of statewide significance to: (a) Assist in the scoping and coordinating functions provided for in chapter 43.42 RCW; (b) assemble a team of state and local government and private officials to help meet the planning, permitting, and development needs of each project, which team shall include those responsible for planning, permitting and licensing, infrastructure development, work force development services including higher education, transportation services, and the provision of utilities; and (c) work with each team member to expedite their actions in furtherance of the project.

NEW SECTION.  Sec. 4   A new section is added to chapter 82.04 RCW to read as follows:
     This chapter does not apply to amounts received by a person that has received designation as a: (1) Forest products operation of statewide significance under RCW 43.157.030; and (2) certified participant in a sustainable forestry initiative program that allows the participant the use of the primary producers label. This exemption shall only be taken for five consecutive years beginning with the reporting period in which the exemption is initially claimed.

NEW SECTION.  Sec. 5   A new section is added to chapter 82.08 RCW to read as follows:
     The tax levied by RCW 82.08.020 does not apply to sales to persons of tangible goods, labor and services, prewritten computer software, and extended warranties that will be used in the construction, operation, or maintenance of a forest products operation of statewide significance certified by the department of community, trade, and economic development under RCW 43.157.030. A person taking the exemption under this section must keep records necessary for the department to verify eligibility under this section. The exemption is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller shall retain a copy of the certificate for the seller's files.

NEW SECTION.  Sec. 6   A new section is added to chapter 82.12 RCW to read as follows:
     The provisions of this chapter do not apply to the use by persons of tangible goods, labor and services, prewritten computer software, and extended warranties that will be used in the construction, operation, or maintenance of a forest products operation of statewide significance certified by the department of community, trade, and economic development under RCW 43.157.030.

NEW SECTION.  Sec. 7   A new section is added to chapter 36.70A RCW to read as follows:
     Forest products operations of statewide significance certified by the department of community, trade, and economic development under RCW 43.157.030 may be located in limited areas of more intensive rural development as defined in RCW 36.70A.070(5)(d).

NEW SECTION.  Sec. 8   A new section is added to chapter 36.32 RCW to read as follows:
     Any county with which the project managers of a forest products operation of statewide significance certified by the department of community, trade, and economic development under RCW 43.157.030 has applied for a permit or other permission for building or operating a forest products operation of statewide significance shall comply with the timelines established in RCW 43.157.020.

NEW SECTION.  Sec. 9   This act takes effect July 1, 2009.