(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:

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Terms Used In Alabama Code 40-9F-38

  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(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 which 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 which 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.
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