Alabama § 40-9G-1 - Definitions.

§ 40-9G-1. Definitions.

For purposes of this chapter, the following words and phrases have the following meanings:

(1) APPROVED ACTIVITY. The conduct of an activity that is predominantly any one or more of the following:

a. Described by NAICS Code 1133, 115111, 2121, 22111, 221330, 31 (other than 311811), 32, 33, 423, 424, 482, 4862, 48691, 48699, 48819, 4882, 4883 (other than 48833), 493, 5121 (other than 51213), 5122, 513, 517, 518 (without regard to the premise that data processing and related services be performed in conjunction with a third party), 51929, 52232, 54133 (if predominantly in furtherance of another activity described in this chapter), 54134 (if predominantly in furtherance of another activity described in this chapter), 54138, 5415, 541614, 5417, 55 (if not for the production of electricity), 561422 (other than establishments that originate telephone calls), 562213, 56291, 56292, 611512, 927, or 92811.

b. The production of biofuel as such term is defined in Section 2-2-90(c)(2).

c. The conduct of original investigations undertaken on a systematic basis to gain new knowledge or the application of research findings or other scientific knowledge to create new or significantly improved products or processes.

d. The national or regional headquarters for a company that conducts significant business operations outside the state and that will serve as the principal office of the company’s principal operating officer with chief responsibility for the daily business operations of the company.

e. A target of the state’s economic development efforts pursuant to either of the following:

(i) The comprehensive economic development plan, CatALyst, or any amended version or successor document thereto; or

(ii) A type listed in a rule adopted by the Department of Commerce, other than a rule submitted as an emergency rule.

Notwithstanding the foregoing, an approved activity shall not predominantly concern farming activities involving trees, animals, or crops, nor the retail sale of tangible personal property or services. This provision shall not be deemed to exclude customer service centers, call centers, or headquarters otherwise allowed by this subdivision.

(2) COMPANY. Anyone or anything that has the power to own a project and have employees.

(3) NAICS CODE. Any sector, subsector, industry group, industry, or national industry of the 2022 North American Industry Classification System, or any similar classification system developed in conjunction with the United States Department of Commerce or Office of Management and Budget.

(4) QUALIFYING PROJECT. Any project: (i) that proposes to invest in capital expenditures that equal or exceed two million dollars ($2,000,000) as part of any addition, expansion, improvement, renovation, re-opening, or rehabilitation of a facility, or replacement of any existing equipment or tangible personal property; (ii) that predominantly involves an approved activity; and (iii) for which no project agreement has been entered into with the Governor for the provision of other incentives.

(5) UTILITY TAXES. The taxes imposed by Sections 40-21-82 and 40-21-102.