59.1-284.13 - Semiconductor Manufacturing Performance Grant Program; eligible counties.
§ 59.1-284.13. Semiconductor Manufacturing Performance Grant Program;eligible counties.
A. As used in this section:
"Eligible county" means Goochland County.
"Manufactures wafers" means the transformation of raw wafers into finishedwafers (probed or unprobed).
"Qualified manufacturer" means any manufacturer of semiconductor productswho (i) has made a capital investment of at least $1 billion in buildings andequipment located in an eligible county for the manufacture of wafers oractivities ancillary or supportive of such manufacture in such eligiblecounty and (ii) manufactures wafers for fast static random access memoriesand microprocessors, and other semiconductor products.
"Secretary" means the Secretary of Commerce and Trade or his designee.
"Wafer" or "wafers" means semiconductor wafers eight inches or larger indiameter using 0.5 micron (or less) technology.
"Wafers used" or "uses wafers" means (i) the consigning or transferringof processed wafers to any manufacturing or processing facility of thequalified manufacturer for probe, assembly, or test or (ii) the consigning ortransferring of wafers to a manufacturing or processing facility of asubsidiary or other affiliated corporation, a joint venture, a partner, or anindependent contractor of the qualified manufacturer.
B. Any qualified manufacturer who, from January 1, 2002, through December 31,2008, sells or uses wafers that it manufactured in an eligible county shallbe entitled to receive an annual semiconductor manufacturing performancegrant in the amount of $250 per wafer manufactured by it in that county andsold or used by it during such calendar year for fast static random accessmemories, microprocessors or any other semiconductor products. The grantsunder this section (i) shall be paid from a fund to be entitled theSemiconductor Manufacturing Performance Grant Fund subject to appropriationsby the General Assembly, (ii) shall not exceed $60 million in the aggregate,and (iii) shall be paid, as provided in subsections E and F, to the qualifiedmanufacturer during the calendar year immediately following the calendar yearin which a particular wafer was sold or used.
C. If applications for grants under this section for wafers sold or usedduring a particular calendar year exceed the aggregate amount listed belowfor that year, each eligible applicant's grant for the year shall equal theamount of the grant to which the applicant would be entitled absent thissubsection C times a fraction. The numerator of that fraction shall equal theamount listed or described below for the year, and the denominator shallequal the aggregate dollar amount of grants to which all applicants would beentitled for such calendar year absent this subsection C. The aggregateamount of the grants under this section for a particular year shall notexceed the following:
Year of Sale or Use Amount
2002 $12 million
2003 $24 million, less the aggregate
amount of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar year
2002
2004 $36 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2002 and 2003
2005 $48 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2002 through 2004
2006 $60 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2002 through 2005
2007 $60 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2002 through 2006
2008 $60 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2002 through 2007
D. Any qualified manufacturer entitled to apply for a grant under thissection shall provide evidence, satisfactory to the Secretary, of the numberof wafers manufactured by it in an eligible county that were sold or used byit during a particular calendar year. The application and evidence shall befiled with the Secretary in person or by mail no later than March 31 (or suchlater date determined by the Secretary in his sole discretion) each yearfollowing the calendar year in which the wafers were sold or used. Failure tomeet the filing deadline shall render the applicant ineligible to receive agrant for the wafers sold or used during such calendar year. For filings bymail, the postmark cancellation shall govern the date of the filingdetermination.
E. Within ninety days after the filing deadline in subsection D, theSecretary shall certify to (i) the Comptroller and (ii) each applicant theamount of the grant to which such applicant is entitled under this sectionfor wafers sold or used by it during the immediately preceding calendar year.Payment of such grant shall be made by check issued by the Treasurer ofVirginia on warrant of the Comptroller within sixty days of suchcertification.
F. As a condition of receipt of a grant, a qualified manufacturer shall makeavailable to the Secretary or his designee for inspection upon his requestall relevant and applicable documents to determine whether the manufactureand sale or use of the wafers meets the requirements for the receipt ofgrants as set forth in this section and subject to a memorandum ofunderstanding between a qualified manufacturer and the Commonwealth. TheComptroller shall not draw any warrants to issue checks for this programwithout a specific legislative appropriation as specified in conditions andrestrictions on expenditures in the appropriation act. All such documentsappropriately identified by the qualified manufacturer shall be consideredconfidential and proprietary.
(1996, cc. 642, 652; 2007, c. 813.)