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HB4026 - 572R - H Ver
House Engrossed
public infrastructure
improvements; distribution limit
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 4026
AN
ACT
amending section 42-5032.02,
Arizona Revised Statutes; relating to transaction privilege tax.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 42-5032.02, Arizona Revised
Statutes, is amended to read:
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42-5032.02.
Distribution of revenues for city, town or county infrastructure
improvements related to manufacturing facilities; definitions
A. Subject to subsection B of this section, from and
after September 30, 2013 through September 30, 2033, the state treasurer
shall pay in monthly increments a city, town or county up to the amount determined
under subsection C of this section for public infrastructure improvements for
the benefit of a manufacturing facility.
B. The state treasurer shall not make any payments
under subsection C of this section until both of the following apply:
1. Ten percent of the qualifying capital investment
that is certified under subsection D of this section and that constitutes
construction phase services, as defined in section 42-5075, has been made
by the manufacturing facility.
2. From and after June 30, 2014.
C. The total amount paid to a city, town or county
under subsection A of this section shall not exceed the total amount of state
transaction privilege tax revenues collected under section 42-5010,
subsection A from persons conducting business under section 42-5075
derived from contracts to construct buildings and associated improvements for
the benefit of a manufacturing facility or eighty percent of the total cost of
the public infrastructure improvements, whichever is less. The total
amount paid to all cities, towns and counties under this subsection shall not
exceed a maximum of
$200,000,000
$75,000,000 each fiscal year
.
D. Within one hundred eighty days after the
commencement of the construction of buildings and associated improvements for
the benefit of a manufacturing facility that will require a city, town or
county to make infrastructure improvements, the manufacturing facility shall
file a sworn certification with the Arizona commerce authority and submit a
copy of this sworn certification to the applicable city, town or county that
the manufacturing facility agrees to either:
1. Make at least $500,000,000 in capital investment
if the manufacturing facility is located in a county that has a population of
eight hundred thousand persons or more.
2. Make at least $50,000,000 in capital investment
if the manufacturing facility is located in a county that has a population of
less than eight hundred thousand persons.
E. The certification under subsection D of this
section shall contain a sworn statement or certification, signed by an officer
of the manufacturing facility under penalty of perjury, that the information
contained is true and correct according to the best belief and knowledge of the
person submitting the information after a reasonable investigation of the
facts.
F. Before submitting the certification to the
Arizona commerce authority, the manufacturing facility and the city, town or
county must enter into a written agreement that:
1. Identifies and states the cost of the public
infrastructure improvements that will be constructed.
2. Identifies the sources of monies, including
monies received pursuant to this section, that will be used to pay for the
public infrastructure improvements.
G. On receipt of the sworn certification from a
manufacturing facility pursuant to subsection D of this section, the city, town
or county shall enter into a written agreement with the
department. This agreement and any amendments or changes to the
agreement shall:
1. State the cost of the public infrastructure
improvements and separately identify the particular improvements that will be
made.
2. State that the monies received under this section
will be used exclusively to pay for public infrastructure improvements that are
necessary to support the activities of the manufacturing facility.
3. State that the city, town or county will commit
all of its portion of the revenue received pursuant to section 42-5029,
subsection D derived from contracts subject to section 42-5075 to
construct buildings and associated improvements for the benefit of the
manufacturing facility for public infrastructure improvements that benefit the
manufacturing facility.
4. State that the city, town or county will
immediately notify the department when monies received under this section
exceed
eighty percent of the cost of the infrastructure
improvements
the total amount the city, town or county
may receive pursuant to subsection C of this section
and will return the
amount of the excess to the state treasurer for deposit in the state general
fund.
5. Stipulate the actual amount of the construction
funding that will be derived from sources other than this state.
6. Identify the persons who will be prime
contractors on the construction of buildings and associated improvements for
the benefit of a manufacturing facility and state that each prime contractor
has been notified as to which portion of the contractor's income shall be
separately identified to the department pursuant to section 42-5075,
subsection H.
7. State that the city, town or county agrees that
any amounts paid by the department to a prime contractor as identified under
paragraph 6 of this subsection resulting from an audit adjustment or claim for
credit or refund of taxes described in subsection C of this section shall be
recovered by the department from the city, town or county by reducing the
amount paid to the city, town or county under section 42-5029 from monies
designated as distribution base in the month next succeeding the month in which
the adjustment or claim is paid.
8. State that the city, town or county agrees that
the department will use the amounts subject to any distribution required under
subsection A of this section in calculating the maximum amount set by
subsection C of this section.
9. State that the city, town or county agrees that
if, on notification by the department, the state treasurer ceases payments
because of the condition described in subsection H of this section, the city,
town or county has no claim to additional payments if the department
subsequently pays amounts to a prime contractor identified in an agreement with
any city, town or county, as described in paragraph 6 of this subsection, due
to an audit adjustment or claim for credit or refund of taxes described in
subsection C of this section.
10. provide an analysis of the
anticipated direct and indirect revenues this state will receive as a result of
constructing the manufacturing facility to the Arizona commerce authority.
10.
11.
Provide
any other information deemed necessary by the department.
H. On notification by the department, the state
treasurer shall cease payments under subsection A of this section if either of
the following occurs:
1. The city, town or county has received monies that
meet or exceed eighty percent of the cost of the public infrastructure
improvements that are necessary to support the activities related to the
manufacturing facility as described in the written agreement pursuant to
subsection G of this section.
2. The total amount subject to any distribution
required under subsection A of this section has met the maximum amount set by
subsection C of this section
as of JUNE 30 of each year
.
i. If there are monies eligible to be
paid to a city, town or county pursuant to this section that exceed the maximum
amount set by subsection C of this section for the fiscal year, the department
shall retain those monies and direct the state treasurer to resume paying those
monies to the city, town or county the following fiscal year.� The state
treasurer shall make payments pursuant to this section in the order in which
the expense is submitted for reimbursement.
J. The department shall post
development agreements and intergovernmental agreements entered into with a
city, town or county pursuant to this section on the department's website.
I.
K.
For
the purposes of this section:
1. "Associated improvement" includes any
public infrastructure improvement that is made for the benefit of the
manufacturing facility outside of the parcel or parcels of real property where
the manufacturing facility is located.
2. "Capital investment" means an
expenditure to acquire, lease or improve property that is used for the benefit
of a manufacturing facility, including land, buildings, machinery and fixtures.
3. "Manufacturing facility":
(a) Means an establishment that is engaged in the
mechanical, physical or chemical transformation or fabrication of materials,
substances or components into new products in this state, that is classified
within sections 31 through 33 inclusive of the 2007 edition of the North
American industry classification system as published by the national technical
information service of the United States department of commerce and that agrees
to either:
(i) Make at least $500,000,000 in capital investment
if the manufacturing facility is located in a county that has a population of
eight hundred thousand persons or more.
(ii) Make at least $50,000,000 in capital investment
if the manufacturing facility is located in a county that has a population of
less than eight hundred thousand persons.
(b) Does not include mining, milling or smelting
mineral ore or generating electricity.
4. "Population" means the population
determined in the most recent United States decennial census or the most recent
special census as provided in section 28-6532.
5. "Public infrastructure" means water
production, delivery and disposal facilities, wastewater production,
reclamation, recycling, treatment, storage,
delivery and
disposal facilities and roads that are necessary to support the activities of
the manufacturing facility.
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