State of Washington | 62nd Legislature | 2011 1st Special Session |
Read first time 03/11/11. Referred to Committee on Ways & Means.
AN ACT Relating to the sales and use tax exemption for qualifying businesses of eligible server equipment; amending RCW 82.08.986 and 82.12.986; providing an effective date; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 82.08.986 and 2010 1st sp.s. c 23 s 1601 are each
amended to read as follows:
(1) An exemption from the tax imposed by RCW 82.08.020 is provided
for sales to qualifying businesses of eligible server equipment to be
installed, without intervening use, in an eligible computer data
center, and to charges made for labor and services rendered in respect
to installing eligible server equipment. The exemption also applies to
sales to qualifying businesses of eligible power infrastructure,
including labor and services rendered in respect to constructing,
installing, repairing, altering, or improving eligible power
infrastructure.
(2)(a) In order to claim the exemption under this section, a
qualifying business must submit an application to the department for an
exemption certificate. The application must include the information
necessary, as required by the department, to determine that a business
qualifies for the exemption under this section. The department must
issue exemption certificates to qualifying businesses. The department
may assign a unique identification number to each exemption certificate
issued under this section.
(b) A qualifying business claiming the exemption under this section
must present the seller with an exemption certificate in a form and
manner prescribed by the department. The seller must retain a copy of
the certificate for the seller's files.
(3)(a) Within six years of the date that the department issued an
exemption certificate under this section to a qualifying business with
respect to an eligible computer data center, the qualifying business
must establish that net employment at the eligible computer data center
has increased by a minimum of:
(i) Thirty-five family wage employment positions; or
(ii) Three family wage employment positions for each twenty
thousand square feet of space or less that is newly dedicated to
housing working servers at the eligible computer data center. For
qualifying businesses that lease space at an eligible computer data
center, the number of family wage employment positions that must be
increased under this subsection (3)(a)(ii) is based only on the space
occupied by the lessee in the eligible computer data center.
(b) In calculating the net increase in family wage employment
positions:
(i) The owner of an eligible computer data center, in addition to
its own net increase in family wage employment positions, may include:
(A) The net increase in family wage employment positions employed
by qualifying businesses leasing space within the eligible computer
data center from the owner; and
(B) The net increase in family wage employment positions described
in (c)(ii)(B) of this subsection (3).
(ii)(A) Lessees of the owner of an eligible computer data center,
in addition to their own net increase in family wage employment
positions, may include:
(I) A portion of the net increase in family wage employment
positions employed by the owner; and
(II) A portion of the net increase in family wage employment
positions described in (c)(ii)(B) of this subsection (3).
(B) The portion of the net increase in family wage employment
positions to be counted under this subsection (3)(b)(ii) by each lessee
must be in proportion to the amount of space in the eligible computer
data center occupied by the lessee compared to the total amount of
space in the eligible computer data center occupied by all lessees that
are qualifying businesses.
(c)(i) For purposes of this subsection, family wage employment
positions are new permanent employment positions requiring forty hours
of weekly work, or their equivalent, on a full-time basis at the
eligible computer data center and receiving a wage equivalent to or
greater than one hundred fifty percent of the per capita personal
income of the county in which the qualified project is located. An
employment position may not be counted as a family wage employment
position unless the employment position is entitled to health insurance
coverage provided by the employer of the employment position. For
purposes of this subsection (3)(c), "new permanent employment position"
means an employment position that did not exist or that had not
previously been filled as of the date that the department issued an
exemption certificate to the owner or lessee of an eligible computer
data center, as the case may be.
(ii)(A) Family wage employment positions include positions filled
by employees of the owner of the eligible computer data center and by
employees of qualifying businesses leasing space from the owner of the
eligible computer data center.
(B) Family wage employment positions also include individuals
performing work at an eligible computer data center as an independent
contractor hired by the owner of the eligible computer data center or
as an employee of an independent contractor hired by the owner of the
eligible computer data center, if the work is necessary for the
operation of the computer data center, such as security and building
maintenance, and provided that all of the requirements in (c)(i) of
this subsection (3) are met.
(d) All previously exempted sales and use taxes are immediately due
and payable for a qualifying business that does not meet the
requirements of this subsection.
(e) For purposes of this subsection (3), "qualifying business"
refers only to a qualifying business as defined in subsection
(6)(f)(i)(A) of this section.
(4) A qualifying business as defined in subsection (6)(f)(i)(A) of
this section claiming an exemption under this section or RCW 82.12.986
must complete an annual report with the department as required under
RCW 82.32.534.
(5)(a) The exemption provided in this section does not apply to:
(i) Any person who has received the benefit of the deferral program
under chapter 82.60 RCW on: (A) The construction, renovation, or
expansion of a structure or structures used as a computer data center;
or (B) machinery or equipment used in a computer data center; and
(ii) Any person affiliated with a person within the scope of (a)(i)
of this subsection (5). For purposes of this subsection, "affiliated"
means that one person has a direct or indirect ownership interest of at
least twenty percent in another person.
(b) If a person claims an exemption under this section and
subsequently receives the benefit of the deferral program under chapter
82.60 RCW on either the construction, renovation, or expansion of a
structure or structures used as a computer data center or machinery or
equipment used in a computer data center, the person must repay the
amount of taxes exempted under this section. Interest as provided in
chapter 82.32 RCW applies to amounts due under this section until paid
in full.
(6) For purposes of this section the following definitions apply
unless the context clearly requires otherwise:
(a)(i) "Computer data center" means a facility comprised of one or
more buildings, which may be comprised of multiple businesses,
constructed or refurbished specifically, and used primarily, to house
working servers, where the facility has the following characteristics:
(A) Uninterruptible power supplies, generator backup power, or both;
(B) sophisticated fire suppression and prevention systems; and (C)
enhanced physical security, such as: Restricted access to the facility
to selected personnel; permanent security guards; video camera
surveillance; an electronic system requiring passcodes, keycards, or
biometric scans, such as hand scans and retinal or fingerprint
recognition; or similar security features.
(ii) For a computer data center comprised of multiple buildings,
each separate building constructed or refurbished specifically, and
used primarily, to house working servers is considered a computer data
center if it has all of the characteristics listed in (a)(i)(A) through
(C) of this subsection (6).
(iii) A facility comprised of one building or more than one
building must have a combined square footage of at least one hundred
thousand square feet.
(b) "Electronic data storage and data management services" include,
but are not limited to: Providing data storage and backup services,
providing computer processing power, hosting enterprise software
applications, and hosting web sites. The term also includes providing
services such as e-mail, web browsing and searching, media
applications, and other online services, regardless of whether a charge
is made for such services.
(c)(i) "Eligible computer data center" means a computer data
center:
(A) Located in a rural county as defined in RCW 82.14.370;
(B) Having at least twenty thousand square feet dedicated to
housing working servers, where the server space has not previously been
dedicated to housing working servers; and
(C) For which the commencement of construction occurs after March
31, 2010, and before July 1, ((2011)) 2014. For purposes of this
section, "commencement of construction" means the date that a building
permit is issued under the building code adopted under RCW 19.27.031
for construction of the computer data center. The construction of a
computer data center includes the expansion, renovation, or other
improvements made to existing facilities, including leased or rented
space. "Commencement of construction" does not include soil testing,
site clearing and grading, site preparation, or any other related
activities that are initiated before the issuance of a building permit
for the construction of the foundation of a computer data center.
(ii) With respect to facilities in existence on April 1, 2010, that
are expanded, renovated, or otherwise improved after March 31, 2010, an
eligible computer data center includes only the portion of the computer
data center meeting the requirements in (c)(i)(B) of this subsection
(6).
(d) "Eligible power infrastructure" means all fixtures and
equipment necessary for the transformation, distribution, or management
of electricity that is required to operate eligible server equipment
within an eligible computer data center. The term includes electrical
substations((,)); generators((,)); wiring((, and)); cogeneration
equipment; and associated fixtures and equipment, such as electrical
switches, batteries, and distribution, testing, and monitoring
equipment.
(e) "Eligible server equipment" means the original server equipment
installed in an eligible computer data center on or after April 1,
2010, and replacement server equipment. For purposes of this
subsection (6)(e), "replacement server equipment" means server
equipment that: (i) Replaces existing server equipment, if the sale or
use of the server equipment to be replaced qualified for an exemption
under this section or RCW 82.12.986; and (ii) is installed and put into
regular use before April 1, ((2018)) 2021.
(f)(i) "Qualifying business" means:
(A) A business entity that exists for the primary purpose of
engaging in commercial activity for profit and that is the owner of an
eligible computer data center or the lessee of ((at least twenty
thousand square feet)) server space within an eligible computer data
center ((dedicated to housing working servers, where the server space
has not previously been dedicated to housing working servers. The
term)); or
(B) A consumer of eligible power infrastructure or of labor and
services rendered in respect to constructing, installing, repairing,
altering, or improving eligible power infrastructure, that is not
otherwise a qualifying business under (f)(i)(A) of this subsection (6).
(ii) For purposes of (f)(i)(A) of this subsection (6) only, the
term "qualifying business" does not include the state or federal
government or any of their departments, agencies, and institutions;
tribal governments; political subdivisions of this state; or any
municipal, quasi-municipal, public, or other corporation created by the
state or federal government, tribal government, municipality, or
political subdivision of the state.
(g) (("Server" means blade or rack-mount server computers used in
a computer data center exclusively to provide electronic data storage
and data management services for internal use by the owner or lessee of
the computer data center, for clients of the owner or lessee of the
computer data center, or both. "Server" does not include personal
computers.))
"Server equipment" means the computer hardware located in an eligible
computer data center and used exclusively to provide electronic data
storage and data management services for internal use by the owner or
lessee of the computer data center, for clients of the owner or lessee
of the computer data center, or both. "Server equipment" also includes
computer software necessary to operate the computer hardware. "Server
equipment" does not include personal computers, the racks upon which
the server equipment is installed, and computer peripherals such as
keyboards, monitors, printers, and mice.
(h) "Server equipment" means the server chassis and all computer
hardware contained within the server chassis. "Server equipment" also
includes computer software necessary to operate the server. "Server
equipment" does not include the racks upon which the server chassis is
installed, and computer peripherals such as keyboards, monitors,
printers, mice, and other devices that work outside of the computer.
(7) This section expires April 1, ((2018)) 2021.
Sec. 2 RCW 82.12.986 and 2010 1st sp.s. c 23 s 1602 are each
amended to read as follows:
(1) An exemption from the tax imposed by RCW 82.12.020 is provided
for the use by qualifying businesses of eligible server equipment to be
installed, without intervening use, in an eligible computer data
center, and to the use of labor and services rendered in respect to
installing such server equipment. The exemption also applies to the
use of power infrastructure, including labor and services rendered in
respect to installing, repairing, altering, or improving such
infrastructure.
(2) A qualifying business is not eligible for the exemption under
this section unless the department issued an exemption certificate to
the qualifying business for the exemption provided in RCW 82.08.986.
(3)(a) The exemption provided in this section does not apply to:
(i) Any person who has received the benefit of the deferral program
under chapter 82.60 RCW on: (A) The construction, renovation, or
expansion of a structure or structures used as a computer data center;
or (B) machinery or equipment used in a computer data center; and
(ii) Any person affiliated with a person within the scope of (a)(i)
of this subsection (3). For purposes of this subsection, "affiliated"
means that one person has a direct or indirect ownership interest of at
least twenty percent in another person.
(b) If a person has received the benefit of the exemption under
this section and subsequently receives the benefit of the deferral
program under chapter 82.60 RCW on either the construction, renovation,
or expansion of a structure or structures used as a computer data
center or machinery or equipment used in a computer data center, the
person must repay the amount of taxes exempted under this section.
Interest as provided in chapter 82.32 RCW applies to amounts due under
this subsection (3)(b) until paid in full. A person is not required to
repay taxes under this subsection with respect to property and services
for which the person is required to repay taxes under RCW 82.08.986(5).
(4) The definitions and requirements in RCW 82.08.986 apply to this
section.
(5) This section expires April 1, ((2018)) 2021.
NEW SECTION. Sec. 3 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2011.