SB 1553: Authorizes incentives for producing certain critical materials and pharmaceuticals

SS/SB 1553 - This act modifies provisions relating to incentives for producing certain critical materials and pharmaceuticals. MANUFACTURING SALES TAX EXEMPTION Current law authorizes a sales tax exemption for energy, machinery, equipment, and materials used or consumed in the manufacturing, processing, compounding, mining, or producing of any product. This act modifies the definition of "product" to include critical materials and critical pharmaceuticals, as defined in the act. (Section 144.054) MISSOURI DEFENSE AND ENERGY INDEPENDENCE ACT This act establishes the "Missouri Defense and Energy Independence Act". For all tax years beginning on or after January 1, 2027, this act authorizes the Department of Economic Development to award tax credits to a qualified company for qualified project costs incurred by the qualified company on or after January 1, 2027, as such terms are defined in the act. No tax credit shall be authorized for any qualified company that incurs less than $5 million in qualified project costs. The amount of tax credits shall be equal to 20% of qualified project costs for qualified companies that incur at least $5 million but fewer than $15 million in qualified project costs, and 25% of qualified project costs for qualified companies that incur at least $15 million in qualified project costs. Qualified project costs are those costs incurred by a qualified company for the construction, expansion, or conversion of facilities and the acquisition of equipment for the production of critical materials or critical pharmaceuticals, as such terms are defined in the act. Qualified project costs shall not include any costs incurred by a qualified company utilizing a contractor unless such contractor is selected through an open bidding process, is headquartered in Missouri, has at least 85% of its workforce residing in Missouri, and maintains an existing U.S. Department of Labor registered apprenticeship program. Tax credits authorized by the act shall not be refundable, but may be carried forward for ten subsequent tax years or until the full amount of the tax credit is redeemed, whichever occurs first. The tax credits may also be transferred, sold, or otherwise assigned. The cumulative amount of tax credits that may be authorized in any fiscal year shall not exceed $40 million. A qualified company seeking tax credits under the act shall submit a notice of intent to the Department, and shall enter into a written agreement specifying the types and amounts of critical materials and critical pharmaceuticals that will be produced or processed, the estimated amount of capital investment and number of new jobs to be created at the project facility, clawback provisions, and other provisions the Department requires. This act also establishes the "Grants for Independence from Foreign Influence Fund", which shall consist of at least $10 million in appropriated moneys. The fund shall be used by the Department of Economic Development to provide grants to qualified companies in an amount not to exceed $500,000. Grant funds shall be administered by the Missouri Development Finance Board as the third-party administrator, and shall be used solely for qualified project costs incurred before the completion of the project facility. This act shall sunset on December 31, 2036, unless reauthorized by the General Assembly. This act is substantially similar to SB 1406 (2026), HB 3027 (2026), SB 537 (2025), HB 1511 (2025), SB 1360 (2024), and HB 1834 (2024), and to a provision in HCS/HB 1935 (2024). JOSH NORBERG