H-0308.2

HOUSE BILL 1210

State of Washington
69th Legislature
2025 Regular Session
ByRepresentatives Barnard and Springer
Prefiled 01/09/25.Read first time 01/13/25.Referred to Committee on Finance.
AN ACT Relating to targeted urban area tax preferences; amending RCW 84.25.030 and 84.25.110; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. It is the intent of the legislature to ensure that clean energy transformation businesses have equal access to the existing targeted urban area tax preferences under chapter 84.25 RCW. Washington state has a long-standing commitment to world-class clean energy production and to the creation of family-wage jobs in the clean energy sector. Therefore, the legislature intends to allow cities using the targeted urban area tax preferences to extend additional time to clean energy transformation businesses in an effort to grow Washington's economy and implement the legislature's carbon-free energy objectives.
Sec. 2. RCW 84.25.030 and 2022 c 172 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) "City" means any city or town.
(2) "Family living wage job" means a job that offers health care benefits with a wage that is sufficient for raising a family. A family living wage job must have an average wage of $23 an hour or more, working 2,080 hours per year on the subject site, as adjusted annually for inflation by the consumer price index. The family living wage may be increased by the local authority based on regional factors and wage conditions.
(3) "Governing authority" means the local legislative authority of a city or county having jurisdiction over the property for which an exemption may be applied for under this chapter.
(4) "Growth management act" means chapter 36.70A RCW.
(5) "Industrial/manufacturing facilities" means building improvements that are 10,000 square feet or larger, representing a minimum improvement valuation of $800,000 for uses categorized as "division D: manufacturing" or "division E: transportation (major groups 40-42, 45, or 47-48)" by the United States department of labor in the occupation safety and health administration's standard industrial classification manual, provided, a city may limit the tax exemption to manufacturing uses.
(6) "Lands zoned for industrial and manufacturing uses" means lands in a city zoned for an industrial or manufacturing use consistent with the city's comprehensive plan where the lands are designated for industry.
(7) "Owner" means the property owner of record.
(8) "Targeted area" means an area of undeveloped lands zoned for industrial and manufacturing uses in the city that is located within or contiguous to an innovation partnership zone, foreign trade zone, or EB-5 regional center, and designated for possible exemption under the provisions of this chapter.
(9) "Undeveloped or underutilized" means ((that there are no existing))a portion of or the entirety of any real property, including any building improvements on the portions of the property targeted for new or expanded industrial or manufacturing uses.
(10)(a) "Clean energy transformation business" means any business that:
(i) Constructs or operates under a license issued by the United States nuclear regulatory commission;
(ii) Produces or constructs qualified clean hydrogen;
(iii) Produces energy storage technologies or companies; and
(iv) Transmits electric energy at 500 kilovolts or greater.
(b) "Clean energy transformation business" does not mean government agencies or tribal nations.
(11) "Energy storage technologies" means property that receives, stores, and delivers energy for conversion to electricity or, for hydrogen, stores energy, and has a nameplate capacity of not less than five kilowatts per hour, including thermal energy storage property.
(12) "Qualified clean hydrogen" means hydrogen produced through a process that results in a life-cycle greenhouse gas emissions rate of no greater than four kilograms of CO2e per kilogram of hydrogen.
Sec. 3. RCW 84.25.110 and 2015 1st sp.s. c 9 s 11 are each amended to read as follows:
(1) Upon completion of the new construction of a ((manufacturing/industrial [industrial/manufacturing]))industrial/manufacturing facility for which an application for an exemption under this chapter has been approved and issued a certificate of occupancy, the owner must file with the city the following:
(a) A description of the work that has been completed and a statement that the new construction on the owner's property qualify the property for a partial exemption under this chapter, including verification that all requirements of RCW 84.25.080 and commitments made by the applicant for prioritization in the application approval process have been met;
(b) A copy of the executed community workforce agreement or project labor agreement used for the construction of the project;
(c) A statement of the postconstruction new prevailing or family living wage jobs to be offered as a result of the new construction of ((manufacturing/industrial [industrial/manufacturing]))industrial/manufacturing facilities and commitments to postconstruction labor standards for employed workers; and
(((c)))(d) A statement that the work has been completed within three years of the issuance of the conditional certificate of tax exemption.
(2) Within ((thirty))30 days after receipt of the statements required under subsection (1) of this section, the city must determine whether the work completed and ((the jobs to be offered))labor standard requirements are consistent with the application and the contract approved by the city and whether the application is qualified for a tax exemption under this chapter. The city must consult with the department of labor and industries to confirm that:
(a) All entities procured from or contracted with during the construction of the facility have a history of complying with federal and state wage and hour laws and regulations;
(b) Workers were paid prevailing wages during the construction of the project; and
(c) State-registered apprentices were employed on the construction project and met the apprentice rate committed to in the application, community workforce agreement, or project labor agreement, if applicable.
(3) If the criteria of this chapter have been satisfied and the owner's property is qualified for a tax exemption under this chapter, the city must file the certificate of tax exemption with the county assessor within ((ten))10 days of the expiration of the ((thirty))30-day period provided under subsection (2) of this section.
(4) The city must notify the applicant that a certificate of tax exemption is denied if the city determines that:
(a) The work was not completed within three years of the application date;
(b) The work was not constructed consistent with the application or other applicable requirements;
(c) The ((jobs to be offered))labor standard requirements are not consistent with the application and criteria of this chapter; or
(d) The owner's property is otherwise not qualified for an exemption under this chapter.
(5) If the city finds that the work was not completed within the required time period due to circumstances beyond the control of the owner and that the owner has been acting and could reasonably be expected to act in good faith and with due diligence, the governing authority or the city official authorized by the governing authority may extend the deadline for completion of the work for a period not to exceed ((twenty-four))24 consecutive months. If the project is constructed by a clean energy transformation business, up to two additional 24 consecutive month extensions may be granted.
(6) The city's governing authority may enact an ordinance to provide a process for an owner to appeal a decision by the city that the owner is not entitled to a certificate of tax exemption to the city. The owner may appeal a decision by the city to deny a certificate of tax exemption in superior court under RCW 34.05.510 through 34.05.598, if the appeal is filed within ((thirty))30 days of notification by the city to the owner of the exemption denial.
NEW SECTION.  Sec. 4. RCW 82.32.805 and 82.32.808 do not apply to this act.
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