59.1-284.15 - Semiconductor Memory or Logic Wafer Manufacturing Performance Grant Program II.
§ 59.1-284.15. Semiconductor Memory or Logic Wafer Manufacturing PerformanceGrant Program II.
A. As used in this section:
"Eligible county" means Henrico County.
"Manufactures wafers" means manufacturing wafers in an eligible county, andincludes on-site processing that increases the value of wafers bytransforming raw wafers into semiconductor memory or logic wafers.
"Qualified manufacturer" means any manufacturer of semiconductor productswhich has made a capital investment of at least $1 billion in buildings andequipment located in an eligible county for the manufacture of wafers in sucheligible county. In the case of a qualified manufacturer which is apartnership, qualified manufacturer means the partnership or its individualpartners.
"Secretary" means the Secretary of Commerce and Trade or his designee.
"Wafer" means a semiconductor memory or logic wafer. A wafer containingmixed memory and logic circuits shall be considered a logic wafer.
"Wafer used" or "uses wafers" means (i) the consigning or transferring ofprocessed wafers to any manufacturing or processing facility of the qualifiedmanufacturer 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. Beginning five years after the commencement of manufacture of wafers, anyqualified manufacturer who, from January 1, 2003, through December 31, 2009,sells or uses wafers that it manufactured in an eligible county shall beentitled to receive an annual semiconductor manufacturing performance grantin the amount of $100 per memory wafer and $250 per logic wafer sold or used.The grants under this section (i) shall be paid from a fund to be entitledthe Semiconductor Memory or Logic Wafer Manufacturing Performance Grant FundII subject to appropriations by the General Assembly, (ii) shall not exceed$15 million in the aggregate, and (iii) shall be paid, as provided insubsections E and F, to the qualified manufacturer during the calendar yearimmediately following the calendar year in which a particular wafer was soldor 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 equalthe amount 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
2003 $3 million
2004 $6 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar year
2003
2005 $9 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2003 and 2004
2006 $12 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2003 through 2005
2007 $15 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2003 through 2006
2008 $15 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2003 through 2007
2009 $15 million, less the aggregate amount
of grants to which all qualified
manufacturers were entitled for wafers
sold or used during the calendar years
2003 through 2008
D. Any qualified manufacturer entitled to apply for a grant under thissection shall provide evidence, satisfactory to the Secretary, of the numberof wafers it manufactured in an eligible county that were sold or used duringa particular calendar year. The application and evidence shall be filed withthe Secretary in person or by mail no later than March 31 (or such later datedetermined by the Secretary in his sole discretion) each year following thecalendar year in which the wafers were sold or used. Failure to meet thefiling deadline shall render the applicant ineligible to receive a grant forthe wafers sold or used during such calendar year. For filings by mail, thepostmark cancellation shall govern the date of the filing determination.
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; provided that no payments shall be made to a partnership, butshall instead be made to its partners in accordance with their writteninstructions delivered to the Secretary prior to the filing deadline or, inthe absence of such written instructions, in equal shares to each partner.
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.
(1997, c. 789; 2001, c. 863; 2007, c. 813.)