SENATE BILL REPORT

2SHB 2130

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Semiconductor Cluster Incentives. In 2003 the Legislature enacted a package of tax incentives for manufacturers of certain semiconductor materials. The incentives were contingent upon an investment of at least $1 billion in a semiconductor microchip fabrication facility in the state. Among other things, the package included (1) a preferential business and occupation (B&O) tax rate of 0.275 percent; (2) sales and use tax exemptions for gases and chemicals used in semiconductor manufacturing; and (3) sales and use tax exemptions for the construction of new semiconductor manufacturing buildings. The contingency criterion was never met.

In 2006 another package of tax incentives was provided for manufacturers of certain semiconductor materials. These incentives were contingent upon an investment of at least $350 million in new or expanded semiconductor manufacturing facilities in the state. This package included (1) a preferential B&O tax rate of 0.275 percent; and (2) sales and use tax exemptions on the acquisition of gases and chemicals used in the production of semiconductor materials. This contingency was met, and the incentives became effective on December 1, 2006, and will expire on December 1, 2018.

Solar Energy Incentives. In 2005 B&O tax rate reductions were provided for certain types of solar energy manufacturing. The B&O tax rate was lowered to 0.2904 percent for businesses that (1) manufacture or sell at wholesale solar energy systems using photovoltaic modules; or (2) manufacture or sell at wholesale solar grade silicon to be used in the components of a solar energy system. The incentives expire on June 30, 2014.

Summary of Bill (Recommended Amendments): Creating a B&O Tax Credit for Renewable Energy Manufacturing. A B&O credit is created for capital investments in facilities predominantly used to manufacture raw materials, components, or equipment for solar, bioenergy, or geothermal energy systems. The following credits are allowed: (1) a 12.5 percent credit for an investment of at least $25 million up to $50 million; and (2) a 25 percent credit for an investment above $50 million. The following statewide caps on the credits apply: (1) $1.5 million for the 2009-11 biennium; (2) $13.5 million for the 2011-13 biennium; and (3) $30 million for the 2013-15 biennium.

An application process for the credits is specified and requires the applications to be processed in accordance with rules adopted by the Department of Community, Trade, and Economic Development in consultation with the Department of Revenue.

A person may sell or transfer the value of that person's credits at a rate equal to 70 percent of the total amount of credit being sold or transferred. The purchaser of the credit, called a "qualified buyer," may apply the full value of the credits being purchased to satisfy the purchaser's B&O tax due for the tax reporting period. The qualified buyer must be engaged in specified industries, such as information technology and healthcare or social assistance. The qualified buyer may not seek a refund for any credits purchased in excess of that purchaser's B&O tax liability.

A person using the B&O tax credit must provide an annual report detailing employment, wages, and employer-provided health and retirement benefits at the manufacturing site. The fiscal committees of the Legislature must evaluate the effectiveness of the tax credit in 2011 and 2017.

The act is named "The New Energy Act."

EFFECT OF CHANGES MADE BY ENVIRONMENT, WATER & ENERGY COMMITTEE (Recommended Amendments): Changes the 50 percent B&O credit to the following: (1) a 12.5 percent credit for an investment of at least $25 million up to $50 million; and (2) a 25 percent credit for an investment above $50 million. Changes the $30 million annual statewide cap on the credit to the following: (1) $1.5 million for 2009-11 biennium; (2) $13.5 million for the 2011-13 biennium; and (3) $30 million for the 2013-15 biennium. Specifies the application process for credits and requires the applications to be processed in accordance with rules adopted by the Department of Community, Trade, and Economic Development in consultation with the Department of Revenue. Specifies which industries qualify for a purchased credit, such as information technology and healthcare or social assistance. Removes wind as an eligible energy system. Names the act "The New Energy Act."

Staff Summary of Public Testimony on Second Substitute House Bill (Environment, Water & Energy): PRO: Despite having lower overall business costs than Oregon, and a skilled semiconductor work force, Clark County lost three major solar projects to Oregon worth 1,300 jobs and $500 million in private investment. Nineteen site selectors have listed Washington on their short lists but the state still loses projects to Oregon because of that state's tax incentives that are paid upfront. This bill will promote the siting of renewable energy manufacturing projects in Washington, which is a long-term growth industry. The bill will allow a developer to monetize its B&O credit upfront by selling its credits to another company for 70 cents for each dollar of credit. The incentive will generate jobs and increased tax revenues.