§ 40-9F-38 — Historic Tax Credit Evaluating Committee

Alabama § 40-9F-38

• Jurisdiction: Alabama
• Title 40: Revenue and Taxation
• Ch. 9F: Rehabilitation of Historic Structures
• Art. 2: 2017 Tax Credit for Historic Structures

Text

(a) There is established the Historic Tax Credit Evaluating Committee, which shall review qualifying projects, approve credits for projects, and rank projects in the order in which the projects should receive tax credit reservations based on criteria established by the commission. The commission shall establish a review cycle for the committee beginning on January 1, 2018, provided that the committee shall meet at least quarterly unless no credits remain to be allocated. The Commissioner of Revenue shall be a nonvoting member of the committee and provide advisory and technical support. The committee shall consist of the following:
(1) The Director of the Alabama Office of Minority Affairs.
(2) The Executive Director of the Alabama Historical Commission.
(3) The Finance Director.
(4) The Director of the Alabama Department of Economic and Community Affairs.
(5) The Secretary of Commerce.
(6) Two members of the Alabama House of Representatives, at least one of whom shall be a member of the minority party, to be appointed by the Speaker of the House of Representatives.
(7) Two members of the Alabama Senate, at least one of whom shall be a member of the minority party, to be appointed by the President Pro Tempore of the Senate.
(8) The Chair of the Senate Finance Taxation Education Committee or his or her designee.
(9) The Chair of the House Ways and Means Education Committee or his or her designee.
(b)
(1)
The Alabama Historical Commission shall adopt rules that shall set forth guidelines to be used by the committee in determining the allocation of credits. The guidelines shall set forth factors to be considered by the committee including
all of the following
:
a.
The relative
value of the proposed project to the particular community, including the maintenance of the historic fabric of the community
.
b. The
possible return on investment for the community in which the proposed project is located
.
c.
The
geographic distribution of projects
.
d.
The
likelihood of the project proceeding without the historic tax credit authorized in this article
.
e.
The
strength of local support for the proposed project.
f. The leveraged investment ratio of the project, as determined by the total project investment divided by the amount of tax credits requested.
g. The number of net new jobs the project will create in the state.
h. The amount of overall project financing for which the applicant has firm, secured commitments prior to submitting its application.
(2)
Included in the information to be required for the evaluation submitted in the application of any project shall be any additional tax credits or state, federal, or local government grants that the applicant expects to utilize for the construction of the project.
(3) The committee shall establish a minimum threshold that a project must exceed before the project may be funded by the committee.
(c) The committee may meet in person, remotely, or by using a hybrid model where some members attend in person and others attend remotely, pursuant to Section 36-25A-5.1.

Legislative History

(Act 2017-380, §9; Act 2021-431, §1; Act 2022-402, §1; Act 2023-522, §1.)