Alabama 2024 Regular Session

Alabama House Bill HB441 Compare Versions

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1-HB441ENROLLED
1+HB441INTRODUCED
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33 HB441
4-SQG2585-2
4+SQG2585-1
55 By Representative Garrett
66 RFD: Ways and Means Education
77 First Read: 11-Apr-24
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12-5 HB441 Enrolled
12+5 SQG2585-1 04/05/2024 JRF (F)JRF 2024-1427
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1414 First Read: 11-Apr-24
15-Enrolled, An Act,
15+SYNOPSIS:
16+The Growing Alabama Act, the Innovating Alabama
17+Act, the Alabama Jobs Act, and the governing
18+definitions and powers granted to Innovate Alabama rely
19+on the federal definition of New Market Tax Credit
20+census tracts for eligible projects. The federal map of
21+census tracts will change on September 1, 2024, making
22+some communities that are currently eligible for state
23+incentives ineligible.
24+This bill would allow those existing communities
25+to still qualify for the named initiatives and
26+incentives.
27+A BILL
28+TO BE ENTITLED
29+AN ACT
1630 Relating to the Growing Alabama Act, the Innovating
1731 Alabama Act, the Alabama Jobs Act, and Innovate Alabama; to
1832 amend Sections 40-18-376.4, 40-18-417.2, 41-10-801, 41-10-804,
1933 and 41-10-842, Code of Alabama 1975; to provide for eligible
2034 census tracts under the federal New Markets Tax Credit
2135 program.
2236 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23-Section 1. Sections 40-18-376.4, 40-18-417.2,
24-41-10-801, 41-10-804, and 41-10-842, Code of Alabama 1975, are
25-amended to read as follows:
26-"§40-18-376.4
27-(a) This section shall be applicable to an
28-underrepresented company, as defined in this section. In
29-making the findings required by Section 40-18-373(1), an
30-underrepresented company that proposes a qualifying project
31-shall be an approved company for purposes of this section only
32-if the Secretary of Commerce makes the additional finding that
33-the qualifying project will increase economic diversity and
34-will benefit the state.
35-(b) If provided for in the project agreement, the
36-following shall be allowed to any company which meets all of
37-the criteria in subsection (a):
38-(1) Absent a finding of extraordinary circumstances by
39-the Secretary of Commerce, a qualifying project shall be
40-deemed to be in existence notwithstanding the requirements of
41-Section 40-18-372 so long as 10 new jobs are created.
42-(2) A jobs credit against utility taxes, in an annual
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66+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
67+Section 1. Sections 40-18-376.4, 40-18-417.2,
68+41-10-801, 41-10-804, and 41-10-842, Code of Alabama 1975, are
69+amended to read as follows:
70+"§40-18-376.4
71+(a) This section shall be applicable to an
72+underrepresented company, as defined in this section. In
73+making the findings required by Section 40-18-373(1), an
74+underrepresented company that proposes a qualifying project
75+shall be an approved company for purposes of this section only
76+if the Secretary of Commerce makes the additional finding that
77+the qualifying project will increase economic diversity and
78+will benefit the state.
79+(b) If provided for in the project agreement, the
80+following shall be allowed to any company which meets all of
81+the criteria in subsection (a):
82+(1) Absent a finding of extraordinary circumstances by
83+the Secretary of Commerce, a qualifying project shall be
84+deemed to be in existence notwithstanding the requirements of
85+Section 40-18-372 so long as 10 new jobs are created.
7286 (2) A jobs credit against utility taxes, in an annual
7387 amount up to 4 percent of the wages paid to Alabama resident
7488 employees during the prior year.
7589 (3) The investment credit provided in Section
7690 40-18-376(a) shall have an incentive period not to exceed 15
7791 years.
7892 (c) An "underrepresented company" is any company that
7993 meets all the criteria in subdivision (1) or (2):
8094 (1) The company is a for-profit business headquartered
81-in a community eligible for investment through the federal New
82-Markets Tax Credit program under 26 U.S.C. § 45D(e) as those
83-communities were identified as of January 1, 2015, or in such
84-a community identified thereafter , has fewer than 10 employees
85-at the time the project agreement is executed, and has average
86-gross revenues of less than five hundred thousand dollars
87-($500,000) in the company’s three years prior to the execution
88-of the project agreement; or
89-(2) The company is a for-profit business that is
90-independently owned and controlled and is at least 51 percent
91-owned and controlled by one or more underrepresented persons
92-or, in the case of a publicly-owned business, the company is a
93-for-profit business of which at least 51 percent of the stock
94-is owned and controlled by one or more underrepresented
95-persons and whose daily management and operations are under
96-the control of one or more underrepresented persons. As used
97-herein, an underrepresented person is a United States citizen
98-who is a woman or is African American."
99-"§40-18-417.2
100-(a)(1) A local economic development organization that
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124+(1) The company is a for-profit business headquartered
125+in a community eligible for investment through the federal New
126+Markets Tax Credit program under 26 U.S.C. § 45D(e) as those
127+communities were identified as of January 1, 2015, or in such
128+a community identified thereafter , has fewer than 10 employees
129+at the time the project agreement is executed, and has average
130+gross revenues of less than five hundred thousand dollars
131+($500,000) in the company’s three years prior to the execution
132+of the project agreement; or
133+(2) The company is a for-profit business that is
134+independently owned and controlled and is at least 51 percent
135+owned and controlled by one or more underrepresented persons
136+or, in the case of a publicly-owned business, the company is a
137+for-profit business of which at least 51 percent of the stock
138+is owned and controlled by one or more underrepresented
139+persons and whose daily management and operations are under
140+the control of one or more underrepresented persons. As used
141+herein, an underrepresented person is a United States citizen
142+who is a woman or is African American."
143+"§40-18-417.2
130144 (a)(1) A local economic development organization that
131145 owns a site may apply to the Department of Commerce for
132146 funding to solve an inadequacy involving the site. The
133147 application by the local economic development organization
134148 shall include at least one of the following:
135149 a. If there is a pending expression of interest about
136150 the site from an industry or business, a list of the site
137151 preparation or public infrastructure work needed to make the
138152 site acceptable to the industry or business.
139-b. If the site has been offered to one or more
140-industries or businesses but the offer did not result in the
141-industry or business locating on the site, a list of the site
142-preparation or public infrastructure work that, if it had been
143-completed, would have made the site acceptable to the
144-industries or businesses.
145-c. If the site is an industrial or research park that
146-needs connections to interstates, highways, roadways, rail
147-systems, or sewer, fiber, electrical, gas, or water
148-infrastructure, a list of the site preparation or public
149-infrastructure work needed.
150-d. Capital improvements or economic development
151-activities at an inland port or intermodal facility, as
152-described in Section 40-18-417.1; provided that the
153-application is accompanied by an economic impact report on
154-such improvements or activities.
155-e. Any site improvement or public infrastructure work
156-in census tracts that meets the definition of low-income
157-communities pursuant to 26 U.S.C. § 45D(e) as those
158-communities were identified as of January 1, 2015, or in such
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182+site acceptable to the industry or business.
183+b. If the site has been offered to one or more
184+industries or businesses but the offer did not result in the
185+industry or business locating on the site, a list of the site
186+preparation or public infrastructure work that, if it had been
187+completed, would have made the site acceptable to the
188+industries or businesses.
189+c. If the site is an industrial or research park that
190+needs connections to interstates, highways, roadways, rail
191+systems, or sewer, fiber, electrical, gas, or water
192+infrastructure, a list of the site preparation or public
193+infrastructure work needed.
194+d. Capital improvements or economic development
195+activities at an inland port or intermodal facility, as
196+described in Section 40-18-417.1; provided that the
197+application is accompanied by an economic impact report on
198+such improvements or activities.
199+e. Any site improvement or public infrastructure work
200+in census tracts that meets the definition of low-income
201+communities pursuant to 26 U.S.C. § 45D(e) as those
188202 communities were identified as of January 1, 2015, or in such
189203 a community identified thereafter .
190204 (2) An economic development organization may apply to
191205 the Department of Commerce for funding to undertake the
192206 construction, maintenance, promotion, operation, management,
193207 leasing, and subleasing of an agricultural center that
194208 includes a multi-use facility and related commercial and
195209 noncommercial structures for livestock, equestrian, small
196210 animal shows and events, spectator events, trade shows,
197-educational conferences, agricultural and agricultural related
198-industries, educational, demonstrational or training purposes,
199-educational and training conferences or events, recreational
200-vehicle rallies, recreational vehicle multi-day parking,
201-hosting of corporate and non-corporate organization meetings,
202-use as fair grounds, operation of retail activities, and other
203-events and facilities expected to draw participants and
204-spectators from states located across the southeastern United
205-States, with a projected total annual economic impact upon
206-completion of all phases of the agricultural center of at
207-least thirty-five million dollars ($35,000,000) and with the
208-related and supporting infrastructure and facilities having a
209-projected capital expenditure upon completion of all phases of
210-the agricultural center of at least one hundred million
211-dollars ($100,000,000); provided that the application is
212-accompanied by an economic impact report on the agricultural
213-center.
214-(b) The application shall include quotes for the
215-completion of the work, following compliance with the
216-procedures set forth by the Department of Economic and
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240+animal shows and events, spectator events, trade shows,
241+educational conferences, agricultural and agricultural related
242+industries, educational, demonstrational or training purposes,
243+educational and training conferences or events, recreational
244+vehicle rallies, recreational vehicle multi-day parking,
245+hosting of corporate and non-corporate organization meetings,
246+use as fair grounds, operation of retail activities, and other
247+events and facilities expected to draw participants and
248+spectators from states located across the southeastern United
249+States, with a projected total annual economic impact upon
250+completion of all phases of the agricultural center of at
251+least thirty-five million dollars ($35,000,000) and with the
252+related and supporting infrastructure and facilities having a
253+projected capital expenditure upon completion of all phases of
254+the agricultural center of at least one hundred million
255+dollars ($100,000,000); provided that the application is
256+accompanied by an economic impact report on the agricultural
257+center.
258+(b) The application shall include quotes for the
259+completion of the work, following compliance with the
246260 procedures set forth by the Department of Economic and
247261 Community Affairs, as if the organization were disbursing
248262 state funds received from the department.
249263 (c) The application provided in paragraph (a)(1) a. or
250264 b. shall include an estimate of the number of jobs, wages, and
251265 capital investment which would have been undertaken by the
252266 industries or businesses referred to in paragraph (a)(1) a. or
253267 b.
254268 (d) The application provided in subsection (a) shall
255-include proof that the economic development organization has
256-in full force and effect a conflict of interest policy
257-consistent with that found in the instructions to Form 1023
258-issued by the Internal Revenue Service.
259-(e) The application provided in subsection (a) shall
260-include a notarized affirmation by an officer of the economic
261-development organization that the submission of the
262-application did not violate the conflict of interest policy
263-referred to in subsection (d)."
264-"§41-10-801
265-For the purposes of this article, the following terms
266-shall have the following meanings:
267-(1) ASPIRING ALABAMIAN. A person who has less than one
268-hundred thousand dollars ($100,000) of household net worth and
269-who satisfies at least one of the following criteria:
270-a. The person has a principal residence in a community
271-eligible for investment through the federal New Markets Tax
272-Credit program under 26 U.S.C. § 45D(e)(1) as those
273-communities were identified as of January 1, 2015, or in such
274-a community identified thereafter .
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298+(d) The application provided in subsection (a) shall
299+include proof that the economic development organization has
300+in full force and effect a conflict of interest policy
301+consistent with that found in the instructions to Form 1023
302+issued by the Internal Revenue Service.
303+(e) The application provided in subsection (a) shall
304+include a notarized affirmation by an officer of the economic
305+development organization that the submission of the
306+application did not violate the conflict of interest policy
307+referred to in subsection (d)."
308+"§41-10-801
309+For the purposes of this article, the following terms
310+shall have the following meanings:
311+(1) ASPIRING ALABAMIAN. A person who has less than one
312+hundred thousand dollars ($100,000) of household net worth and
313+who satisfies at least one of the following criteria:
314+a. The person has a principal residence in a community
315+eligible for investment through the federal New Markets Tax
316+Credit program under 26 U.S.C. § 45D(e)(1) as those
317+communities were identified as of January 1, 2015, or in such
304318 a community identified thereafter .
305319 b. The person owns at least a majority interest in a
306320 business located in a community eligible for investment
307321 through the federal New Markets Tax Credit program under 26
308322 U.S.C. § 45D(e)(1) as those communities were identified as of
309323 January 1, 2015, or in such a community identified thereafter .
310324 c. The person does not hold, and is not actively
311325 pursuing, a baccalaureate degree or does not have a parent or
312326 legal guardian who holds a baccalaureate degree.
313-d. The person has at least one parent who does not have
314-a high school diploma or its equivalent.
315-(2) BOARD. The governing board of the corporation.
316-(3) CORPORATION. The Alabama Innovation Corporation
317-created by this article as an authority organized as a public
318-corporation having a legal existence separate and apart from
319-the state and any county, municipality, or political
320-subdivision.
321-(4) ECONOMIC DEVELOPMENT AND INNOVATION ENTITY.
322-a. A nonprofit corporation that possesses all of the
323-following characteristics:
324-1. Is organized as a nonprofit corporation exempt from
325-federal income tax under Section 501(c) of the Internal
326-Revenue Code of 1986, as amended.
327-2. Has a record of, or can demonstrate that it is
328-capable of, serving the entire state on matters involving
329-economic development.
330-3. Has a record of, or can demonstrate that it is
331-capable of, managing startup competitions or related
332-programming designed to foster an innovation-based economy.
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356+legal guardian who holds a baccalaureate degree.
357+d. The person has at least one parent who does not have
358+a high school diploma or its equivalent.
359+(2) BOARD. The governing board of the corporation.
360+(3) CORPORATION. The Alabama Innovation Corporation
361+created by this article as an authority organized as a public
362+corporation having a legal existence separate and apart from
363+the state and any county, municipality, or political
364+subdivision.
365+(4) ECONOMIC DEVELOPMENT AND INNOVATION ENTITY.
366+a. A nonprofit corporation that possesses all of the
367+following characteristics:
368+1. Is organized as a nonprofit corporation exempt from
369+federal income tax under Section 501(c) of the Internal
370+Revenue Code of 1986, as amended.
371+2. Has a record of, or can demonstrate that it is
372+capable of, serving the entire state on matters involving
373+economic development.
374+3. Has a record of, or can demonstrate that it is
375+capable of, managing startup competitions or related
362376 programming designed to foster an innovation-based economy.
363377 4. Has received, or is eligible to receive, grant
364378 funding from the state or from federal or private sources.
365379 b. In determining whether a nonprofit corporation
366380 qualifies as an economic development and innovation entity,
367381 the board may attribute to the nonprofit corporation the
368382 experiences of its officers, staff, and directors with other
369383 nonprofit corporations.
370384 (5) ELIGIBLE INVESTMENTS. All of the following:
371-a. Demand deposits (interest bearing) in federally
372-insured banks, and interest bearing deposits, whether or not
373-evidenced by certificates of deposits, in federally insured
374-banks; provided, however, that the deposits plus interest
375-shall be fully secured by obligations described in paragraphs
376-b. and c., to the extent that the deposits plus interest
377-exceed insurance available from the Federal Deposit Insurance
378-Corporation, or from any agency of the United States of
379-America that may succeed to the functions of the Federal
380-Deposit Insurance Corporation.
381-b. Bonds, notes, and other evidences of indebtedness
382-that are direct obligations of the United States of America or
383-that are unconditionally guaranteed as to both principal and
384-interest by the United States of America.
385-c. Bonds, debentures, notes, or other evidences of
386-indebtedness issued or guaranteed by any federal agencies or
387-government sponsored enterprises authorized to issue their own
388-debt instruments including, without limitation, to any of the
389-following: Federal Farm Credit Bank, Federal Intermediate
390-Credit Banks, the Export-Import Bank of the United States,
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414+(5) ELIGIBLE INVESTMENTS. All of the following:
415+a. Demand deposits (interest bearing) in federally
416+insured banks, and interest bearing deposits, whether or not
417+evidenced by certificates of deposits, in federally insured
418+banks; provided, however, that the deposits plus interest
419+shall be fully secured by obligations described in paragraphs
420+b. and c., to the extent that the deposits plus interest
421+exceed insurance available from the Federal Deposit Insurance
422+Corporation, or from any agency of the United States of
423+America that may succeed to the functions of the Federal
424+Deposit Insurance Corporation.
425+b. Bonds, notes, and other evidences of indebtedness
426+that are direct obligations of the United States of America or
427+that are unconditionally guaranteed as to both principal and
428+interest by the United States of America.
429+c. Bonds, debentures, notes, or other evidences of
430+indebtedness issued or guaranteed by any federal agencies or
431+government sponsored enterprises authorized to issue their own
432+debt instruments including, without limitation, to any of the
433+following: Federal Farm Credit Bank, Federal Intermediate
420434 Credit Banks, the Export-Import Bank of the United States,
421435 Federal Land Banks, the Federal National Mortgage Association,
422436 the Governmental National Mortgage Association, the Federal
423437 Financing Bank, Federal Banks for Cooperatives, Federal Home
424438 Loan Banks, Federal Home and Loan Mortgage Association, or the
425439 Farmers Home Administration.
426440 d. Repurchase agreements with federally insured banks
427441 or with government bond dealers reporting to and trading with
428442 the Federal Reserve Bank of New York, provided that the
429-repurchase agreements are secured by obligations described in
430-paragraphs b. and c.
431-e. Interest-bearing time deposits, whether or not
432-evidenced by certificates of deposit, in savings and loan
433-associations: (i) the deposits of which are insured to the
434-maximum extent possible by the Federal Savings and Loan
435-Insurance Corporation or any agency of the United States of
436-America that may succeed to its functions; and (ii) the
437-principal office of which is located in the state. The
438-deposits plus interest shall be secured by obligations
439-described in paragraphs b. and c., to the extent that the
440-deposits plus interest exceed insurance available from the
441-Federal Savings and Loan Insurance Corporation or from any
442-agency of the United States of America that may succeed to the
443-functions of the Federal Savings and Loan Insurance
444-Corporation.
445-f. Other legal investments which the corporation
446-determines will have the effect of growing an innovative
447-economy.
448-(6) FUND. The Alabama Innovation Fund.
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472+the Federal Reserve Bank of New York, provided that the
473+repurchase agreements are secured by obligations described in
474+paragraphs b. and c.
475+e. Interest-bearing time deposits, whether or not
476+evidenced by certificates of deposit, in savings and loan
477+associations: (i) the deposits of which are insured to the
478+maximum extent possible by the Federal Savings and Loan
479+Insurance Corporation or any agency of the United States of
480+America that may succeed to its functions; and (ii) the
481+principal office of which is located in the state. The
482+deposits plus interest shall be secured by obligations
483+described in paragraphs b. and c., to the extent that the
484+deposits plus interest exceed insurance available from the
485+Federal Savings and Loan Insurance Corporation or from any
486+agency of the United States of America that may succeed to the
487+functions of the Federal Savings and Loan Insurance
488+Corporation.
489+f. Other legal investments which the corporation
490+determines will have the effect of growing an innovative
491+economy.
478492 (6) FUND. The Alabama Innovation Fund.
479493 (7) SMALL BUSINESS INNOVATION RESEARCH. The grants and
480494 programs defined in 15 U.S.C. § 638(e)(4).
481495 (8) SMALL BUSINESS TECHNOLOGY TRANSFER RESEARCH. The
482496 grants and programs defined in 15 U.S.C. § 638(e)(6).
483497 (9) STEM. Science, technology, engineering, and
484498 mathematics."
485499 "§41-10-804
486500 (a) The board shall have all of the powers necessary to
487-carry out and effectuate the purposes of this article. The
488-foregoing sentence shall be construed broadly, so that the
489-failure to state a power of the board shall not be considered
490-a limitation upon the board, so long as the board shall find
491-that the power is necessary to allow the board to fulfill the
492-purpose of the corporation, as provided by this article. In
493-the event that the board should determine to add one or more
494-powers, they may do so by amending their application of
495-formation. Without limiting the generality of the foregoing,
496-the board shall have and exercise all of the following powers:
497-(1) Recognize that the economy of today will not exist
498-tomorrow and implement policies that help this state, and
499-residents of this state, embrace that future.
500-(2) Take actions to make this state a hub for
501-technology, innovation, and entrepreneurship by partnering
502-with the private sector, state agencies, and state policy
503-makers to develop and implement programs and policies that
504-will lead to a more robust and inclusive economy for this
505-state.
506-(3) Support, financially and otherwise, the
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530+(a) The board shall have all of the powers necessary to
531+carry out and effectuate the purposes of this article. The
532+foregoing sentence shall be construed broadly, so that the
533+failure to state a power of the board shall not be considered
534+a limitation upon the board, so long as the board shall find
535+that the power is necessary to allow the board to fulfill the
536+purpose of the corporation, as provided by this article. In
537+the event that the board should determine to add one or more
538+powers, they may do so by amending their application of
539+formation. Without limiting the generality of the foregoing,
540+the board shall have and exercise all of the following powers:
541+(1) Recognize that the economy of today will not exist
542+tomorrow and implement policies that help this state, and
543+residents of this state, embrace that future.
544+(2) Take actions to make this state a hub for
545+technology, innovation, and entrepreneurship by partnering
546+with the private sector, state agencies, and state policy
547+makers to develop and implement programs and policies that
548+will lead to a more robust and inclusive economy for this
549+state.
536550 (3) Support, financially and otherwise, the
537551 establishment or growth, or both, of all of the following:
538552 a. Marketing and branding the state including, but not
539553 limited to, the state's business climate, the state's tax
540554 rates and structures, the state's innovation-focused
541555 incentives and abatements, the state's business related
542556 programs, and the state's innovation and entrepreneurial
543557 ecosystems.
544558 b. Pursuing and supporting commercialization,
545-entrepreneurship, research and development, and technology
546-transfer facilities, funding, incentives, partnerships, events
547-and programs, including, but not limited to, all of the
548-following:
549-1. Creating, operating, and supporting accelerator or
550-similar programs , including, but not limited to, university
551-and corporate focused accelerator or similar programs.
552-2. Developing programming, incubators, and accelerators
553-that serve this state's startups and their founders, and
554-disseminating both in person and online.
555-3. Creating, operating, and supporting industry focused
556-research and development centers established by public
557-universities in collaboration with existing industry in
558-Alabama.
559-c. Incentivizing and providing funding to innovative
560-businesses or programs that support innovation in this state's
561-economy, including, but not limited to, the following:
562-1. Assisting recipients of Small Business Innovation
563-Research and Small Business Technology Transfer Research
564-funding.
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588+b. Pursuing and supporting commercialization,
589+entrepreneurship, research and development, and technology
590+transfer facilities, funding, incentives, partnerships, events
591+and programs, including, but not limited to, all of the
592+following:
593+1. Creating, operating, and supporting accelerator or
594+similar programs , including, but not limited to, university
595+and corporate focused accelerator or similar programs.
596+2. Developing programming, incubators, and accelerators
597+that serve this state's startups and their founders, and
598+disseminating both in person and online.
599+3. Creating, operating, and supporting industry focused
600+research and development centers established by public
601+universities in collaboration with existing industry in
602+Alabama.
603+c. Incentivizing and providing funding to innovative
604+businesses or programs that support innovation in this state's
605+economy, including, but not limited to, the following:
606+1. Assisting recipients of Small Business Innovation
607+Research and Small Business Technology Transfer Research
594608 funding.
595609 2. Encouraging pre-seed, seed, venture capital, and
596610 private equity funding activity in this state.
597611 3. Supporting community development financial
598612 institutions that serve residents of this state.
599613 4. Supporting qualified STEM teachers and technology
600614 staff teaching and working in rural or otherwise
601615 under-performing or under-resourced schools in this state.
602616 d. Engaging in rural initiatives that support
603-innovation, including, but not limited to, the creation,
604-operation, and support of entrepreneurial centers, and
605-marketing rural quality of life and recreational
606-opportunities.
607-e. Creating, operating, and supporting research and
608-development of a 21st-Century transportation system that
609-reflects emerging technologies and multi-modal concepts.
610-f. Attracting, recruiting, and retaining skilled
611-workers, STEM workers, and other in-state and out-of-state
612-two-year and four-year college, university, and community
613-college graduates, and engaging in other innovation focused
614-workforce development activities.
615-g. Supporting businesses owned or led, or both, by
616-aspiring Alabamians.
617-h. Supporting businesses headquartered in census tracts
618-that satisfy the definition of "low income communities " found
619-in 26 U.S.C. § 45D(e) as those communities were identified as
620-of January 1, 2015, or in such a community identified
621-thereafter.
622-(4) Adopt, alter, and repeal bylaws for the regulation
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646+d. Engaging in rural initiatives that support
647+innovation, including, but not limited to, the creation,
648+operation, and support of entrepreneurial centers, and
649+marketing rural quality of life and recreational
650+opportunities.
651+e. Creating, operating, and supporting research and
652+development of a 21st-Century transportation system that
653+reflects emerging technologies and multi-modal concepts.
654+f. Attracting, recruiting, and retaining skilled
655+workers, STEM workers, and other in-state and out-of-state
656+two-year and four-year college, university, and community
657+college graduates, and engaging in other innovation focused
658+workforce development activities.
659+g. Supporting businesses owned or led, or both, by
660+aspiring Alabamians.
661+h. Supporting businesses headquartered in census tracts
662+that satisfy the definition of "low income communities " found
663+in 26 U.S.C. § 45D(e) as those communities were identified as
664+of January 1, 2015, or in such a community identified
665+thereafter.
652666 (4) Adopt, alter, and repeal bylaws for the regulation
653667 and conduct of the corporation's affairs and business, and for
654668 the implementation of this article.
655669 (5) Take actions as may be necessary or convenient to
656670 accomplish any purpose of the corporation, or to exercise any
657671 power of the corporation.
658672 (6) Make and enter into contracts, leases, and
659673 agreements, and take other actions as may in its judgment may
660674 be necessary or desirable to accomplish any purpose, and to
661-exercise any power necessary for the accomplishment of the
662-purposes of the corporation or incidental to the powers
663-expressly set forth in this article.
664-(7) Appoint, employ, and contract with employees,
665-agents, advisors, consultants, and service providers ,
666-including, but not limited to, attorneys, accountants,
667-financial experts, and other advisors, consultants, and agents
668-as may in its judgment may be necessary or desirable to
669-accomplish any purpose of the corporation or incidental to the
670-powers expressly set forth in this article, and to fix the
671-compensation of those persons.
672-(8) Manage, invest, and expend capital from the fund,
673-as provided in Section 41-10-806, and to provide for the
674-indemnification of directors.
675-(9) Use the financial resources of the corporation to
676-purchase, lease, or otherwise acquire real and personal
677-property, and to use, develop, operate, lease, or convey those
678-properties, as may in its judgment may be necessary or
679-desirable to accomplish any purpose of the corporation or
680-incidental to the powers expressly set forth in this article.
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704+be necessary or desirable to accomplish any purpose, and to
705+exercise any power necessary for the accomplishment of the
706+purposes of the corporation or incidental to the powers
707+expressly set forth in this article.
708+(7) Appoint, employ, and contract with employees,
709+agents, advisors, consultants, and service providers ,
710+including, but not limited to, attorneys, accountants,
711+financial experts, and other advisors, consultants, and agents
712+as may in its judgment may be necessary or desirable to
713+accomplish any purpose of the corporation or incidental to the
714+powers expressly set forth in this article, and to fix the
715+compensation of those persons.
716+(8) Manage, invest, and expend capital from the fund,
717+as provided in Section 41-10-806, and to provide for the
718+indemnification of directors.
719+(9) Use the financial resources of the corporation to
720+purchase, lease, or otherwise acquire real and personal
721+property, and to use, develop, operate, lease, or convey those
722+properties, as may in its judgment may be necessary or
723+desirable to accomplish any purpose of the corporation or
710724 incidental to the powers expressly set forth in this article.
711725 (10) Lend its credit to, or grant public monies and
712726 things of value in aid of or to, any individual, firm,
713727 corporation, or other business entity, public or private, as
714728 may in its judgment be necessary or desirable to accomplish
715729 any purpose of the corporation or incidental to the powers
716730 expressly set forth in this article.
717731 (11) Promote and solicit taxpayer donations for tax
718732 credits that promote innovation in the state.
719-(12) Take any action necessary to exercise its rights
720-or fulfill its obligations relevant to the corporation under
721-state law.
722-(b) The board shall create an advisory committee which
723-shall provide information and make recommendations to the
724-board concerning the implementation of this article. The
725-advisory committee shall have no legal authority or other
726-responsibility over the actions of the corporation. The board
727-shall coordinate its appointments to assure the advisory
728-committee membership is inclusive and reflects the so that
729-diversity of racial, gender, race, and geographical areas,
730-urban, rural, and economic diversity of the is reflective of
731-the makeup of this state. The members of the advisory
732-committee shall serve at the pleasure of the board. The board
733-shall appoint one member of the advisory committee to serve as
734-the chair of the advisory committee, and meetings of the
735-advisory committee may be called by its chair or by the board.
736-Members of the advisory committee may participate in a meeting
737-of the committee in person, by means of telephone conference,
738-video conference, or other similar communications equipment so
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762+credits that promote innovation in the state.
763+(12) Take any action necessary to exercise its rights
764+or fulfill its obligations relevant to the corporation under
765+state law.
766+(b) The board shall create an advisory committee which
767+shall provide information and make recommendations to the
768+board concerning the implementation of this article. The
769+advisory committee shall have no legal authority or other
770+responsibility over the actions of the corporation. The board
771+shall coordinate its appointments to assure the advisory
772+committee membership is inclusive and reflects the so that
773+diversity of racial, gender, race, and geographical areas,
774+urban, rural, and economic diversity of the is reflective of
775+the makeup of this state. The members of the advisory
776+committee shall serve at the pleasure of the board. The board
777+shall appoint one member of the advisory committee to serve as
778+the chair of the advisory committee, and meetings of the
779+advisory committee may be called by its chair or by the board.
780+Members of the advisory committee may participate in a meeting
781+of the committee in person, by means of telephone conference,
768782 video conference, or other similar communications equipment so
769783 that all individuals participating in the meeting may hear
770784 each other at the same time. Participation by any such means
771785 shall constitute presence in person at a meeting for all
772786 purposes, including for purposes of establishing a quorum, and
773787 the affirmative vote of a majority of the members in
774788 attendance shall be necessary for any action of the advisory
775789 committee. The committee and its members shall not be subject
776790 to Chapter 25 or 25A of Title 36 nor Section 36-12-40.
777-(c) The board may enter into agreements with one or
778-more economic development and innovation entities to exercise
779-all powers of the corporation, if the agreement does both of
780-the following:
781-(1) Requires regular reporting to the corporation by
782-the economic development and innovation entity.
783-(2) Allows for the overhead costs of the economic
784-development and innovation entity to be reimbursed or
785-otherwise paid only if directly related to the fulfillment of
786-the agreement, as determined by the corporation.
787-(d)(1) The board may make, enter into, and execute
788-contracts, agreements, and other instruments with, accept aid
789-and grants from, and cooperate with, any other person or
790-entity, including, but not limited to, all of the following:
791-a. The United States of America, the state, or any
792-agency, instrumentality, or political subdivision of either.
793-b. For profit or nonprofit private entities.
794-c. Public bodies, departments, or authorities ,
795-including, but not limited to, the executive departments of
796-the state, to act on behalf of the board in carrying out
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820+to Chapter 25 or 25A of Title 36 nor Section 36-12-40.
821+(c) The board may enter into agreements with one or
822+more economic development and innovation entities to exercise
823+all powers of the corporation, if the agreement does both of
824+the following:
825+(1) Requires regular reporting to the corporation by
826+the economic development and innovation entity.
827+(2) Allows for the overhead costs of the economic
828+development and innovation entity to be reimbursed or
829+otherwise paid only if directly related to the fulfillment of
830+the agreement, as determined by the corporation.
831+(d)(1) The board may make, enter into, and execute
832+contracts, agreements, and other instruments with, accept aid
833+and grants from, and cooperate with, any other person or
834+entity, including, but not limited to, all of the following:
835+a. The United States of America, the state, or any
836+agency, instrumentality, or political subdivision of either.
837+b. For profit or nonprofit private entities.
838+c. Public bodies, departments, or authorities ,
839+including, but not limited to, the executive departments of
826840 the state, to act on behalf of the board in carrying out
827841 functions which the board determines are consistent with the
828842 corporation's powers.
829843 (2) Without limiting the foregoing, the corporation may
830844 enter into an agreement with the Alabama Department of
831845 Economic and Community Affairs pursuant to which the
832846 corporation may exercise all rights, powers, and obligations
833847 of the department relating to opportunity funds under Sections
834848 40-18-6.1 and 41-10-46.01. Project agreements under Section
835-40-18-6.1, shall not be required to comply with Section
836-40-18-6.1(c). Project agreements under Sections 40-18-6.1 and
837-41-10-46.01 include investments in qualified opportunity zones
838-as defined in 26 U.S.C. § 1400Z-1 and low-income communities
839-as defined in 26 U.S.C. § 45D(e) as those communities were
840-identified as of January 1, 2015, or in such a community
841-identified thereafter .
842-(e) The corporation shall be, and shall operate as, a
843-public corporation and shall have a legal existence separate
844-and apart from the state and any county, municipality, or
845-political subdivision.
846-(f) Members of the board shall be subject to Chapter 25
847-of Title 36, but the corporation shall not be deemed to have
848-statewide jurisdiction for purposes of Section 36-25-14. For
849-the purposes of Chapter 25 of Title 36, the corporation shall
850-not be deemed a business, and a public official or public
851-employee holding a position with the corporation is not
852-precluded from taking official actions affecting the
853-corporation so long as there is no impermissible personal
854-gain. The board shall be subject to Chapter 25A of Title 36."
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878+40-18-6.1 and 41-10-46.01. Project agreements under Section
879+40-18-6.1, shall not be required to comply with Section
880+40-18-6.1(c). Project agreements under Sections 40-18-6.1 and
881+41-10-46.01 include investments in qualified opportunity zones
882+as defined in 26 U.S.C. § 1400Z-1 and low-income communities
883+as defined in 26 U.S.C. § 45D(e) as those communities were
884+identified as of January 1, 2015, or in such a community
885+identified thereafter .
886+(e) The corporation shall be, and shall operate as, a
887+public corporation and shall have a legal existence separate
888+and apart from the state and any county, municipality, or
889+political subdivision.
890+(f) Members of the board shall be subject to Chapter 25
891+of Title 36, but the corporation shall not be deemed to have
892+statewide jurisdiction for purposes of Section 36-25-14. For
893+the purposes of Chapter 25 of Title 36, the corporation shall
894+not be deemed a business, and a public official or public
895+employee holding a position with the corporation is not
896+precluded from taking official actions affecting the
897+corporation so long as there is no impermissible personal
884898 gain. The board shall be subject to Chapter 25A of Title 36."
885899 "§41-10-842
886900 (a) An economic development organization may apply to
887901 Innovate Alabama for Innovating Alabama tax credits to
888902 undertake any of the following projects:
889903 (1) The creation, operation, or support of an
890904 accelerator for technology companies, provided that the
891905 application is accompanied by an economic impact report.
892906 Technology companies shall include companies that earn or
893-reasonably expect to earn at least 75 percent of their
894-revenues from sources described in Section 40-18-376.3(c)(1).
895-(2) The creation, operation, or support of programs
896-designed to provide funding, workforce development, or other
897-resources for an innovative company that meets either of the
898-following criteria:
899-a. The company is a for-profit business headquartered
900-in a community eligible for investment through the federal New
901-Markets Tax Credit program under 26 U.S.C. § 45D(e) as those
902-communities were identified as of January 1, 2015, or in such
903-a community identified thereafter , predominantly conducting an
904-activity in an innovative industry, has fewer than 15
905-employees at the time the funding agreement is executed, and
906-has average gross revenues of less than one million dollars
907-($1,000,000) in the company three years prior to the execution
908-of the funding agreement.
909-b. The company is a for-profit business that is
910-headquartered in Alabama, predominantly conducting an activity
911-in an innovative industry, has fewer than 75 employees at the
912-time the funding agreement is executed, and that is at least
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936+Technology companies shall include companies that earn or
937+reasonably expect to earn at least 75 percent of their
938+revenues from sources described in Section 40-18-376.3(c)(1).
939+(2) The creation, operation, or support of programs
940+designed to provide funding, workforce development, or other
941+resources for an innovative company that meets either of the
942+following criteria:
943+a. The company is a for-profit business headquartered
944+in a community eligible for investment through the federal New
945+Markets Tax Credit program under 26 U.S.C. § 45D(e) as those
946+communities were identified as of January 1, 2015, or in such
947+a community identified thereafter , predominantly conducting an
948+activity in an innovative industry, has fewer than 15
949+employees at the time the funding agreement is executed, and
950+has average gross revenues of less than one million dollars
951+($1,000,000) in the company three years prior to the execution
952+of the funding agreement.
953+b. The company is a for-profit business that is
954+headquartered in Alabama, predominantly conducting an activity
955+in an innovative industry, has fewer than 75 employees at the
942956 time the funding agreement is executed, and that is at least
943957 51 percent owned and controlled by one or more individuals who
944958 are United States Citizens and who are women or African
945959 American. As used in this subdivision, an innovative industry
946960 includes advanced manufacturing, aerospace, agriculture,
947961 bioscience, biotechnology, electronics, energy and natural
948962 resources, engineering, life sciences, and information
949963 technology industries, and any other innovative industry as
950964 determined by Innovate Alabama in its sole discretion.
951-(b) The application provided in subsection (a) shall
952-include proof that the economic development organization has
953-in full force and effect a conflict of interest policy
954-consistent with that found in the instructions to Form 1023
955-issued by the Internal Revenue Service.
956-(c) The application provided in subsection (a) shall
957-include a notarized affirmation by an officer of the economic
958-development organization that the submission of the
959-application did not violate the conflict of interest policy
960-referred to in subsection (b)."
961-Section 2. This act shall become effective on June 1,
962-2024.
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984-2024.
985-________________________________________________
986-Speaker of the House of Representatives
987-________________________________________________
988-President and Presiding Officer of the Senate
989-House of Representatives
990-I hereby certify that the within Act originated in and
991-was passed by the House 30-Apr-24.
992-John Treadwell
993-Clerk
994-Senate 08-May-24 Passed
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994+determined by Innovate Alabama in its sole discretion.
995+(b) The application provided in subsection (a) shall
996+include proof that the economic development organization has
997+in full force and effect a conflict of interest policy
998+consistent with that found in the instructions to Form 1023
999+issued by the Internal Revenue Service.
1000+(c) The application provided in subsection (a) shall
1001+include a notarized affirmation by an officer of the economic
1002+development organization that the submission of the
1003+application did not violate the conflict of interest policy
1004+referred to in subsection (b)."
1005+Section 2. This act shall become effective on June 1,
1006+2024.
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