BILL REQ. #:  H-3265.4 

Read first time 01/11/2006.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to excise tax exemptions for alternative fuels; amending RCW 82.38.020; adding a new section to chapter 82.38 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 82.38 RCW to read as follows:
     Alternative fuel is exempt from the tax imposed by this chapter if the fuel is manufactured in this state.

NEW SECTION.  Sec. 2   A new section is added to chapter 82.08 RCW to read as follows:
     The tax levied by RCW 82.08.020 does not apply to sales of alternative fuel, as defined in RCW 82.38.020, if the fuel is exempt from special fuel tax under section 1 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 82.12 RCW to read as follows:
     The provisions of this chapter do not apply with respect to the use of alternative fuel, as defined in RCW 82.38.020, if the fuel is exempt from special fuel tax under section 1 of this act.

Sec. 4   RCW 82.38.020 and 2002 c 183 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Alternative fuel" means alcohol fuel, biodiesel fuel, or biodiesel feedstock, as those terms are defined in RCW 82.29A.135.
     (2) "Blended special fuel" means a mixture of undyed diesel fuel and another liquid, other than a de minimis amount of the liquid, that can be used as a fuel to propel a motor vehicle.
     (((2))) (3) "Blender" means a person who produces blended special fuel outside the bulk transfer-terminal system.
     (((3))) (4) "Bond" means a bond duly executed with a corporate surety qualified under chapter 48.28 RCW, which bond is payable to the state of Washington conditioned upon faithful performance of all requirements of this chapter, including the payment of all taxes, penalties, and other obligations arising out of this chapter.
     (((4))) (5) "Bulk transfer-terminal system" means the special fuel distribution system consisting of refineries, pipelines, vessels, and terminals. Special fuel in a refinery, pipeline, vessel, or terminal is in the bulk transfer-terminal system. Special fuel in the fuel tank of an engine, motor vehicle, or in a railcar, trailer, truck, or other equipment suitable for ground transportation is not in the bulk transfer-terminal system.
     (((5))) (6) "Bulk transfer" means a transfer of special fuel by pipeline or vessel.
     (((6))) (7) "Bulk storage" means the placing of special fuel into a receptacle other than the fuel supply tank of a motor vehicle.
     (((7))) (8) "Department" means the department of licensing.
     (((8))) (9) "Dyed special fuel user" means a person authorized by the internal revenue code to operate a motor vehicle on the highway using dyed special fuel, in which the use is not exempt from the special fuel tax.
     (((9))) (10) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:
     (a) A knowing: False statement; omission; misrepresentation of fact; or other act of deception;
     (b) An intentional: Failure to file a return or report; or other act of deception; or
     (c) The unlawful use of dyed special fuel.
     (((10))) (11) "Export" means to obtain special fuel in this state for sales or distribution outside the state.
     (((11))) (12) "Highway" means every way or place open to the use of the public, as a matter of right, for the purpose of vehicular travel.
     (((12))) (13) "Import" means to bring special fuel into this state by a means of conveyance other than the fuel supply tank of a motor vehicle.
     (((13))) (14) "International fuel tax agreement licensee" means a special fuel user operating qualified motor vehicles in interstate commerce and licensed by the department under the international fuel tax agreement.
     (((14))) (15) "Lessor" means a person: (a) Whose principal business is the bona fide leasing or renting of motor vehicles without drivers for compensation to the general public; and (b) who maintains established places of business and whose lease or rental contracts require the motor vehicles to be returned to the established places of business.
     (((15))) (16) "Licensee" means a person holding a license issued under this chapter.
     (((16))) (17) "Motor vehicle" means a self-propelled vehicle designed for operation upon land utilizing special fuel as the means of propulsion.
     (((17))) (18) "Natural gas" means naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form.
     (((18))) (19) "Person" means a natural person, fiduciary, association, or corporation. The term "person" as applied to an association means and includes the partners or members thereof, and as applied to corporations, the officers thereof.
     (((19))) (20) "Position holder" means a person who holds the inventory position in special fuel, as reflected by the records of the terminal operator. A person holds the inventory position in special fuel if the person has a contractual agreement with the terminal for the use of storage facilities and terminating services at a terminal with respect to special fuel. "Position holder" includes a terminal operator that owns special fuel in their terminal.
     (((20))) (21) "Rack" means a mechanism for delivering special fuel from a refinery or terminal into a truck, trailer, railcar, or other means of nonbulk transfer.
     (((21))) (22) "Refiner" means a person who owns, operates, or otherwise controls a refinery.
     (((22))) (23) "Removal" means a physical transfer of special fuel other than by evaporation, loss, or destruction.
     (((23))) (24) "Special fuel" means and includes all combustible gases and liquids suitable for the generation of power for propulsion of motor vehicles, except that it does not include motor vehicle fuel as defined in chapter 82.36 RCW, nor does it include dyed special fuel as defined by federal regulations, unless the use is in violation of this chapter. If a person holds for sale, sells, purchases, or uses any dyed special fuel in violation of this chapter, all dyed special fuel held for sale, sold, purchased, stored, or used by that person is considered special fuel, and the person is subject to all presumptions, reporting, and recordkeeping requirements and other obligations which apply to special fuel, along with payment of any applicable taxes, penalties, or interest for illegal use.
     (((24))) (25) "Special fuel distributor" means a person who acquires special fuel from a supplier, distributor, or licensee for subsequent sale and distribution.
     (((25))) (26) "Special fuel exporter" means a person who purchases special fuel in this state and directly exports the fuel by a means other than the bulk transfer-terminal system to a destination outside of the state.
     (((26))) (27) "Special fuel importer" means a person who imports special fuel into the state by a means other than the bulk transfer-terminal system. If the importer of record is acting as an agent, the person for whom the agent is acting is the importer. If there is no importer of record, the owner of the special fuel at the time of importation is the importer.
     (((27))) (28) "Special fuel supplier" means a person who holds a federal certificate issued under the internal revenue code and authorizes the person to tax-free transactions on special fuel in the bulk transfer-terminal system.
     (((28))) (29) "Special fuel user" means a person engaged in uses of special fuel that are not specifically exempted from the special fuel tax imposed under this chapter.
     (((29))) (30) "Terminal" means a special fuel storage and distribution facility that has been assigned a terminal control number by the internal revenue service, is supplied by pipeline or vessel, and from which reportable special fuel is removed at a rack.
     (((30))) (31) "Terminal operator" means a person who owns, operates, or otherwise controls a terminal.
     (((31))) (32) "Two-party exchange" or "buy-sell agreement" means a transaction in which taxable special fuel is transferred from one licensed supplier to another licensed supplier under an exchange or buy-sell agreement whereby the supplier that is the position holder agrees to deliver taxable special fuel to the other supplier or the other supplier's customer at the rack of the terminal at which the delivering supplier is the position holder.

NEW SECTION.  Sec. 5   This act takes effect July 1, 2006.

NEW SECTION.  Sec. 6   This act expires July 1, 2015.