BILL REQ. #:  H-4996.1 



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SECOND SUBSTITUTE HOUSE BILL 2823
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State of Washington58th Legislature2004 Regular Session

By House Committee on Finance (originally sponsored by Representatives Sullivan, Cooper, Hunt, Upthegrove, Linville, Murray, G. Simpson, Chase and Kagi)

READ FIRST TIME 02/10/04.   



     AN ACT Relating to providing incentives to reduce air pollution and improve energy security through the use of alternative fuel vehicles; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; 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 82.04 RCW to read as follows:
     (1) Persons who are taxable under this chapter may take a credit for the purchase, or the lease for a period of at least three years, of new alternative fuel vehicles, if the vehicles are exclusively used in business operations. The credit is based upon the following schedule:

VEHICLE TONNAGE
CREDIT
Less than 10,000 pounds gross vehicle weight30 percent of the cost or $5,000, whichever is less
10,000 pounds or more gross vehicle weight30 percent of the cost or $25,000, whichever is less

     (2) For the purposes of this section, "alternative fuel vehicles" means a motor vehicle, as defined in RCW 46.04.320, originally designed and equipped by the manufacturer to operate: (a) Exclusively on hydrogen or electricity; or (b) as a fuel cell vehicle. For purposes of this subsection, "fuel cell vehicle" is defined as a vehicle that operates on an electric motor drawing current from combining hydrogen and oxygen in an electrochemical process.
     (3) The credit may not exceed the amount of tax that would otherwise be due under this chapter. The credit may be accrued and carried over until it is used. Refunds shall not be granted in place of credits. The maximum amount of credit under this section that may be claimed, by each person, for any calendar year shall not exceed five hundred thousand dollars.
     (4) Tax credit may not be claimed for expenditures that occurred before the effective date of this section or expenditures that occur after January 1, 2015.

NEW SECTION.  Sec. 2   A new section is added to chapter 82.04 RCW to read as follows:
     (1) Persons who are taxable under this chapter may take a credit for the costs expended for acquiring and installing alternative fuel and electric vehicle recharging equipment, including alternative fuel storage tanks. For purposes of this subsection, "alternative fuel" means hydrogen. The credit is based upon the following schedule:
     (a) Fifty percent of the costs incurred at facilities open to the public not to exceed five hundred thousand dollars; and
     (b) Twenty-five percent of the costs incurred at facilities not open to the public not to exceed two hundred fifty thousand dollars.
     (2) The credit may not exceed the amount of tax that would otherwise be due under this chapter. The credit may be accrued and carried over until it is used. Refunds shall not be granted in place of credits. The maximum amount of credit under this section that may be claimed, by each person, for any calendar year shall not exceed two million dollars.
     (3) Tax credit may not be claimed for expenditures that occurred before the effective date of this section or expenditures that occur after January 1, 2015.

NEW SECTION.  Sec. 3   A new section is added to chapter 82.08 RCW to read as follows:
     (1) The tax levied by RCW 82.08.020 does not apply to sales of machinery and equipment, or to services rendered in respect to constructing structures, installing, constructing, repairing, decorating, altering, or improving of structures or machinery and equipment, or to sales of tangible personal property that becomes an ingredient or component of structures or machinery and equipment, if the machinery, equipment, or structure is used directly for the retail sale of hydrogen for use in a motor vehicle or is used for the recharging of an electric vehicle.
     (2) A person taking the exemption under this section must keep records necessary for the department to verify eligibility under this section. The exemption is available only when the buyer provides the seller with an exemption certificate in the form and manner prescribed by the department. The seller shall retain a copy of the certificate for the seller's files.

NEW SECTION.  Sec. 4   A new section is added to chapter 82.12 RCW to read as follows:
     The provisions of this chapter do not apply in respect to the use of machinery and equipment, or to services rendered in respect to installing, repairing, altering, or improving of eligible machinery and equipment, or tangible personal property that becomes an ingredient or component of machinery and equipment used directly for the retail sale of hydrogen or a blend of natural gas and hydrogen for use in a motor vehicle or used for the recharging of an electric vehicle.

NEW SECTION.  Sec. 5   (1) The legislature finds that accountability and effectiveness are important aspects of setting tax policy. In order to make policy choices regarding the best use of limited state resources the legislature needs information to evaluate whether the stated goals of legislation were achieved.
     (2) The goal of the alternative fuel vehicle and electric vehicle tax incentives in sections 1 through 4 of this act is to encourage the use of alternative fuel vehicles and electric vehicles and to encourage development of fueling and recharge stations. The goal of this tax credit is achieved when the total number of alternative fuel vehicles and electric vehicles exceeds five percent of the total number of motor vehicles, as defined in RCW 46.04.320, that are registered in Washington state.

NEW SECTION.  Sec. 6   Sections 1 through 4 of this act expire January 1, 2015.

NEW SECTION.  Sec. 7   This act takes effect July 1, 2004.

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