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Multiple Agency Fiscal Note Summary — 6137 SB, Semiconductor tax incentives (Preliminary 1/24/2024)

Summary

A Multiple Agency Fiscal Note Summary for 6137 SB, titled Semiconductor tax incentives, marked Preliminary 1/24/2024 and stating that the preliminary package is incomplete, with the Department of Revenue Fiscal Note for the same bill. The Department of Revenue note estimates expenditures of 35,600 for 2023-25 and 27,000 for each of 2025-27 and 2027-29 from the GF-STATE-State account. Its narrative describes current law, under which semiconductor material manufacturers receive a preferential business and occupation (B&O) tax rate of 0.275% on the manufacturing or processing for hire of semiconductor materials.

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“Multiple Agency Fiscal Note Summary — 6137 SB, Semiconductor tax incentives (Preliminary 1/24/2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-25-a31728-d266872-6137-sb-fn-partial-01-24-24-aa5030d489/, SHA-256 d4ed757b069893f15d829831ffafc51a2cf2c4d869dd7e03afb7600713523c14.

Full text

                                           Multiple Agency Fiscal Note Summary
   Bill Number: 6137 SB                                                Title: Semiconductor tax incentives

 Estimated Cash Receipts
   Agency Name                                    2023-25                                                           2025-27                                                  2027-29
                                GF-State         NGF-Outlook              Total                 GF-State        NGF-Outlook             Total          GF-State            NGF-Outlook                 Total
   Department of                            0                  0                     0                      0                   0                0       (626,000)             (626,000)                (626,000)
   Revenue

            Total $                        0                   0                     0                      0                   0                0           (626,000)            (626,000)             (626,000)


  Agency Name                                                      2023-25                                                 2025-27                                       2027-29
                                                           GF- State       Total                                    GF- State      Total                          GF- State      Total
   Local Gov. Courts
   Loc School dist-SPI
   Local Gov. Other                                    Fiscal note not available

   Local Gov. Total

 Estimated Operating Expenditures
Agency Name                                     2023-25                                                         2025-27                                                               2027-29
                       FTEs        GF-State       NGF-Outlook             Total          FTEs      GF-State          NGF-Outlook       Total          FTEs        GF-State          NGF-Outlook             Total
Joint Legislative     Fiscal note not available
Audit and Review
Committee
 Department of            .1          35,600              35,600            35,600            .1           27,000         27,000        27,000          .1               27,000               27,000            27,000
 Revenue

          Total $         0.1         35,600              35,600           35,600          0.1             27,000         27,000         27,000         0.1              27,000               27,000            27,000

Agency Name                                         2023-25                                                         2025-27                                              2027-29
                                FTEs            GF-State                  Total               FTEs          GF-State                Total            FTEs         GF-State                    Total
 Local Gov. Courts
 Loc School dist-SPI
 Local Gov. Other                 Fiscal note not available

 Local Gov. Total

 Estimated Capital Budget Expenditures
  Agency Name                                   2023-25                                                           2025-27                                             2027-29
                                  FTEs        Bonds                         Total               FTEs            Bonds                Total           FTEs            Bonds                     Total
 Joint Legislative Audit          Fiscal note not available
 and Review Committee
 Department of Revenue                 .0                       0                         0         .0                      0                   0            .0                     0                      0

                      Total $         0.0                          0                      0         0.0                     0                   0        0.0                         0                      0




         FNPID 69657
              :
  FNS029 Multi Agency rollup
Agency Name                            2023-25                               2025-27                              2027-29
                         FTEs      GF-State           Total    FTEs     GF-State         Total       FTEs     GF-State       Total
 Local Gov. Courts
 Loc School dist-SPI
 Local Gov. Other         Fiscal note not available

 Local Gov. Total


Estimated Capital Budget Breakout



 This preliminary package is incomplete. Other impacted agencies' fiscal notes will be distributed as soon as possible.




 Prepared by:    Amy Hatfield, OFM                                                         Phone:               Date Published:
                                                                                           (360) 280-7584       Preliminary 1/24/2024




      FNPID 69657
           :
 FNS029 Multi Agency rollup
                                Department of Revenue Fiscal Note

Bill Number:       6137 SB                Title:     Semiconductor tax incentives                           Agency: 140-Department of Revenue


Part I: Estimates
       No Fiscal Impact

Estimated Cash Receipts to:
   Account                                                     FY 2024              FY 2025             2023-25              2025-27            2027-29
   GF-STATE-State                                                                                                                                    (7,000)
    01 - Taxes 01 - Retail Sales Tax
   GF-STATE-State                                                                                                                                  (619,000)
    01 - Taxes 05 - Bus and Occup Tax
                                             Total $                                                                                               (626,000)

Estimated Expenditures from:


                                                        FY 2024                FY 2025              2023-25              2025-27             2027-29
  FTE Staff Years                                                  0.1                   0.1                  0.1                  0.1                 0.1
  Account
  GF-STATE-State           001-1                                20,900                14,700             35,600                27,000              27,000
                                        Total $                 20,900                14,700             35,600                27,000              27,000

 Estimated Capital Budget Impact:
          NONE




    The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
    and alternate ranges (if appropriate), are explained in Part II.

   Check applicable boxes and follow corresponding instructions:
       If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
  X
       form Parts I-V.
       If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

       Capital budget impact, complete Part IV.

       Requires new rule making, complete Part V.


   Legislative Contact:      Tianyi Lan                                                        Phone:
                                                                                                   360-786-7432               Date: 01/15/2024
   Agency Preparation:       Anna Yamada                                                       Phone:
                                                                                                   360-534-1519               Date: 01/24/2024
   Agency Approval:          Marianne McIntosh                                                 Phone:
                                                                                                   360-534-1505               Date: 01/24/2024
   OFM Review:               Amy Hatfield                                                      Phone:
                                                                                                   (360) 280-7584             Date: 01/24/2024

                                                                                                                                    Request # 6137-1-1
 Form FN (Rev 1/00) 192,054.00                                           1                                                               Bill # 6137 SB
FNS062 Department of Revenue Fiscal Note
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
 Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
 section number.

 CURRENT LAW
 Semiconductor material manufacturers receive a preferential business and occupation (B&O) tax rate of 0.275% on the
 manufacturing or processing for hire of semiconductor materials.

 Sales and use taxes are exempt to manufacturers and processors for hire on purchases of gases and chemicals used to
 produce semiconductor materials. Manufacturers of silicon solar wafers, silicon solar cells, thin film solar devices, solar
 grade silicon, or compound semiconductor solar wafers also qualify for this exemption.

 Any person claiming the preferential rate or sales and use tax exemption must reimburse the Department of Revenue
 (department) 50% of the amount of the preference or exemption if the number of persons employed by the person claiming
 the tax preference is less than 90% of the employment average for the previous three years.

 “Semiconductor materials” mean silicon crystals, silicon ingots, raw polished semiconductor wafers, and compound
 semiconductor wafers.

 The preferential tax rate and sales and use tax exemption expires on December 1, 2028.

 PROPOSAL
 This bill extends the expiration date for the preferential tax rate and sales and use tax exemption from December 1, 2028, to
 January 1, 2034.

 The bill reinstates the contingency to construct a new semiconductor microchip fabrication with an investment of at least $1
 billion in buildings and equipment. The contingency expired on January 1, 2024. The new expiration date for constructing the
 facility is January 1, 2034.

 With the reinstated contingency, the bill reenacts the incentives connected to the previous contingency. The following
 incentives are contingent on the qualifying facility built by January 1, 2034:
 - B&O tax exemption for semiconductor microchip manufacturing.
 - Preferential B&O tax rate of 0.275% for businesses manufacturing semiconductor materials, including microchips.
 - B&O tax credit based on new jobs created in new buildings that manufacture semiconductive materials.
 - Sales and use tax exemption for constructing new facilities for manufacturing semiconductor materials.
 - Sales and use taxes exemption for purchases of gases and chemicals used in the semiconductor manufacturing process.
 - Property tax exemption on machinery and equipment exempt from sales and use taxes used in manufacturing
 semiconductor materials.

 EFFECTIVE DATE
 This bill contains an emergency clause and takes effect immediately upon the governor’s approval.
II. B - Cash receipts Impact
 Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate,
 the detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived.
 Explanation of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

 ASSUMPTIONS
 - The department is unaware of plans for a qualifying facility built before July 1, 2029. Because of this, the incentives based
 on the new contingency will not become effective during the fiscal note period.
                                                                                                                                 Request # 6137-1-1
 Form FN (Rev 1/00) 192,054.00                                       2                                                                Bill # 6137 SB
FNS062 Department of Revenue Fiscal Note
  - Annual growth in semiconductor manufacturing activities mirrors the average percent change reflected in the past four
  years of manufacturing activities.
  - Annual growth of the sales and use taxes exemption amount for purchasing gases and chemicals for manufacturing
  activities mirrors the consumer price index (CPI) growth reflected in the S&P Global Market Intelligence November 2023
  forecast.
  - The department receives the taxes from monthly taxpayers the month after the business collects the sales tax from the
  consumer. Most local tax distributions occur the month after the department receives sales and use taxes that businesses
  collect. This leads to a one-month delay in revenues for the state and a two-month delay in revenues for local jurisdictions.
  - This legislation takes effect on March 26, 2024, and extends the expiration date of the current incentives from December
  1, 2028, to January 1, 2034. The extension impacts six months of collections in fiscal year 2029.

  DATA SOURCES
  - Department of Revenue, Annual Tax Performance Report data
  - S&P Global Market Intelligence, November 2023 forecast

  REVENUE ESTIMATES
  This bill decreases state revenues by an estimated $626,000 in the 2027-29 Biennium.

  TOTAL REVENUE IMPACT:

       State Government (cash basis, $000):
          FY 2024 -   $ 0
          FY 2025 -   $ 0
          FY 2026 -   $ 0
          FY 2027 -   $ 0
          FY 2028 -   $ 0
          FY 2029 - ($ 626)

       Local Government (cash basis, $000):
         FY 2024 -   $0
         FY 2025 -   $0
         FY 2026 -   $0
         FY 2027 -   $0
         FY 2028 -   $0
         FY 2029 - ($ 2)
 II. C - Expenditures
 Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.

 FIRST YEAR COSTS:
 The department will incur total costs of $20,900 in fiscal year 2024. These costs include:

     Labor Costs – Time and effort equate to 0.07 FTE.
     - Update a Special Notice to inform businesses of the extension.
     - Update information on the department’s website.

     Object Costs - $13,500.
     - Contract computer system programming to extend expiration dates.


                                                                                                                                         Request # 6137-1-1
  Form FN (Rev 1/00) 192,054.00                                           3                                                                    Bill # 6137 SB
FNS062 Department of Revenue Fiscal Note
SECOND YEAR COSTS:
The department will incur total costs of $14,700 in fiscal year 2025. These costs include:

   Labor Costs – Time and effort equate to 0.1 FTE.
   - Develop and maintain annual tax incentive report questions.
   - Review annual tax incentive report submissions and compile statistics and reports.

   Object Costs - $700.
   - Software, training, and travel.

ONGOING COSTS:
Ongoing costs for the 2025-27 biennium equal $27,000 and include similar activities described in the second-year costs. Time
and effort equate to 0.1 FTE.

Part III: Expenditure Detail
 III. A - Expenditures by Object Or Purpose
                                                        FY 2024             FY 2025                  2023-25                 2025-27             2027-29
     FTE Staff Years                                              0.1                      0.1                 0.1                   0.1                 0.1
     A-Salaries and Wages                                       4,800                   8,800               13,600                17,600              17,600
     B-Employee Benefits                                        1,600                   2,900                4,500                 5,800               5,800
     C-Professional Service Contracts                          13,500                                       13,500
     E-Goods and Other Services                                   600                 2,100                  2,700                 2,600               2,600
     G-Travel                                                                           200                    200                   400                 400
     J-Capital Outlays                                            400                   700                  1,100                   600                 600
                                   Total $                    $20,900               $14,700                $35,600               $27,000             $27,000

  III. B - Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I and Part IIIA.


     Job Classification                              Salary             FY 2024            FY 2025           2023-25            2025-27          2027-29
     TAX POLICY SP 2                                        78,120                0.0                                  0.0
     TAX POLICY SP 3                                        88,416                0.0                0.1               0.1                 0.1             0.1
     WMS BAND 2                                             98,456                0.0                                  0.0
                                Total FTEs                                        0.1                0.1               0.1                 0.1             0.1



III. C - Expenditures By Program (optional)
       NONE



Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
    NONE

 IV. B - Expenditures by Object Or Purpose
      NONE

 IV. C - Capital Budget Breakout

   Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
    NONE

                                                                                                                                            Request # 6137-1-1
 Form FN (Rev 1/00) 192,054.00                                          4                                                                        Bill # 6137 SB
FNS062 Department of Revenue Fiscal Note
Part V: New Rule Making Required




                                               Request # 6137-1-1
 Form FN (Rev 1/00) 192,054.00             5       Bill # 6137 SB
FNS062 Department of Revenue Fiscal Note
                                                                    Ten-Year Analysis
 Bill Number                             Title                                                                    Agency
 6137 SB                                 Semiconductor tax incentives                                             140 Department of Revenue

This ten-year analysis is limited to agency estimated cash receipts associated with the proposed tax or fee increases. The Office of Financial Management
ten-year projection can be found at http://www.ofm.wa.gov/tax/default.asp .

Estimates
 X     No Cash Receipts                                 Partially Indeterminate Cash Receipts                               Indeterminate Cash Receipts

 Name of Tax or Fee                      Acct
                                         Code




 Agency Preparation: Anna Yamada                      Phone:    360-534-1519              Date: 1/24/2024 7:34:10 pm
     Agency Approval: Marianne McIntosh               Phone:    360-534-1505              Date: 1/24/2024 7:34:10 pm
        OFM Review:                                   Phone:                              Date:

 FNS066 Ten-Year Analysis                                                             1


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