WSR 06-09-099

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF REVENUE


[ Filed April 19, 2006, 11:21 a.m. ]

Subject of Possible Rule Making: WAC 458-20-273 Customers' cost recovery incentive payments with credit.

Statutes Authorizing the Agency to Adopt Rules on this Subject: SSB 5101, chapter 300, Laws of 2005.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering adopting a new rule to effectuate new legislation promoting the use and manufacture of alternative renewable energy systems in the state of Washington through the development of a customers' cost recovery incentive payments program with a corresponding credit to participating light and power businesses. Specifically, a credit of up to $2,000 annually will be paid to customers for measured electric generation from qualified solar, wind, and anaerobic digester energy systems. The light and power businesses pay the incentive payments to their qualifying customers and then receive a credit equal to the amount of payments made on their public utility tax. The amount of payments one light and power business may make is limited by the higher of $25,000 or 0.25% of the business' taxable power sales due under RCW 82.16.020 (1)(b). Participation by the light and power businesses in this program is discretionary.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Parties interested in this rule making may contact the individual listed below. The public may also participate by providing written comments throughout this rule making or giving oral testimony at the public meeting or public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Written comments may be submitted by mail, fax, or at the public meeting. Oral comments will be accepted at the public meeting. A preliminary draft of the proposed changes is available upon request. Written comments on and/or requests for copies of the rule may be directed to Mark E. Bohe, Interpretations and Technical Advice Unit, P.O. Box 47453, Olympia, WA 98504-47453 [98504-7453], phone (360) 570-6133, e-mail MarkBohe.[@]dor.wa.gov, fax (360) 586-5543.

Public Meeting Location: Capital Plaza Building, 4th Floor, Large Executive Conference Room, 1025 Union Avenue S.E., Olympia, WA, on May 16, 2006, at 10:00 a.m.; and at Spokane Community College, Lair Building 6, Room 06-124A, North 1810 Greene Street, Spokane, WA, on May 18, 2006, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Sandy Davis no later than ten days before the hearing date, TTY 1-800-451-7985 or (360) 725-7499.

April 19, 2006

Alan R. Lynn

Rules Coordinator

Washington State Code Reviser's Office