Zero-Emission Vehicle Program.
Under the federal Clean Air Act (federal CAA), most states, including Washington, are restricted from enacting their own emissions standards for new motor vehicles, which is an authority generally reserved to the federal government. California is the only state allowed under the federal CAA to adopt state standards for vehicle emissions. California's vehicle emissions standards must be at least as protective of public health as federal standards and must be approved by the United States Environmental Protection Agency. Under section 177 of the federal CAA, other states may adopt vehicle emissions standards that are identical to California's vehicle emissions standards for specific vehicle model years. These states are considered "section 177 states." The motor vehicle emissions standards established by California contain two program components: low-emission vehicle (LEV) requirements and zero-emission vehicle (ZEV) requirements. In 2005 the Washington Legislature (Legislature) adopted California's LEV requirements, and in 2020 the Legislature also adopted California's ZEV requirements. There are currently 17 section 177 states that have adopted at least one California motor vehicle emission standard, including Washington.
The California ZEV program for passenger cars, light-duty trucks, and medium duty vehicles requires that a specified percentage of those vehicles delivered for sale in the state by manufacturers must be ZEVs, or manufacturers must alternatively obtain ZEV credits equal to that specified percentage. The ZEV program has two primary governing regulations. In California, Washington, and other section 177 states, the rule known as Advanced Clean Cars I (ACC I) is in effect through vehicle model year 2025, after which the Advanced Clean Cars II (ACC II) rule takes effect beginning for model year 2026 vehicles. Under both rules, ZEVs are those vehicles that produce zero-exhaust emissions of air pollutants and greenhouse gases. The ZEVs include battery-electric vehicles and hydrogen fuel-cell vehicles. Certain other vehicles qualify towards program requirements under both rules:
In Washington, ZEV program requirements under ACC I begin applying for model year 2025. However, before these requirements begin to apply, Washington's rules allow for ZEV credits to be earned for certain ZEV sales for model year 2023 and 2024 vehicles. The ACC II ZEV program requirements will begin applying for model year 2026.
As a result of Washington's adoption of ACC I and ACC II, manufacturers must meet the following minimum percentage of ZEV vehicles delivered for sale in Washington or obtain equivalent credits from other manufacturers:
These requirements do not apply to used vehicles. The ZEV credit requirements, including the 100 percent ZEV requirement in 2035, may be achieved, in whole or in part, by obtaining tradable ZEV credits, including credits banked from previous years of the program. Under ACC I and ACC II, with some limitations, ZEV credits may be:
The ACC II rules also specifically allow, with some limitations, credits for ZEV sales in excess of ACC I requirements prior to model year 2026 to be used for purposes of ACC II compliance.
Under ACC II, certain additional ZEV credits may be earned by manufacturers and used to fulfill a portion of their ZEV obligations, including through the provision of ZEV vehicles for use in community-based clean vehicle mobility programs and from vehicles that are initially leased and then eventually sold.
The ACC II ZEV program rules require manufacturers to submit a vehicle sales report by May 1 of the calendar year following the close of a vehicle model year. This report must include:
Each manufacturer must submit a ZEV program compliance report by September 1 of the calendar year following the close of a vehicle model year. This report must include:
Tax Preference Performance Statement.
Tax preferences confer reduced tax liability upon a designated class of taxpayers. These include tax exclusions, deductions, exemptions, preferential tax rates, deferrals, and credits. There are over 700 tax preferences. Legislation that establishes or expands a tax preference must include a tax preference performance statement (TPPS) that identifies the public policy objective of the preference, as well as specific metrics that the Joint Legislative Audit and Review Committee (JLARC) can use to evaluate the effectiveness of the preference. All new tax preferences automatically expire after 10 years unless an alternative expiration date is provided.
Zero-Emission Vehicle Credit Excise Tax.
An excise tax is imposed on the banking and sale of surplus ZEV credits by a manufacturer as verified by the Department of Ecology (Ecology) for each model year beginning with model year 2024 program implementation. The tax applies to ZEV credits banked or sold after the effective date of the act.
A "ZEV credit" means a unit of measure generated when a manufacturer delivers a ZEV or qualifying PHEV for sale in Washington or undertakes other activities specified in rules adopted by Ecology to implement Washington's ZEV program. The "ZEV program" means the rule adopted by Ecology that requires manufacturers to deliver a minimum percent of ZEVs in or into Washington. This applies to passenger cars, light duty trucks, and medium duty vehicles. It does not include advanced clean trucks.
Beginning November 1, 2026, and each year thereafter, the Department of Revenue (DOR) must calculate the amount of tax due from each manufacturer and notify the manufacturers of their tax liability for the most recent reporting year no later than January 31 of the immediately following calendar year. However, for both model year 2024 and model year 2025, the DOR must notify the manufacturers of their tax liability by January 31, 2027. Penalties and interest will apply to any tax liability not paid by the due date on the notice of tax liability.
Sale of Zero-Emission Vehicle Credits.
For a ZEV credit sold to another manufacturer, the amount of the tax is equal to the credit sales price as reported to Ecology multiplied by a rate of 2 percent.
Banking of Zero-Emission Vehicle Credits.
A banked credit means a ZEV credit that a manufacturer has carried over for use in future model years in which a manufacturer has a shortfall or for use to offset a manufacturer's deficit carried over from a previous model year. A ZEV credit banked by a manufacturer is considered sold for this act, and the amount of the tax for the privilege of holding a banked ZEV credit for use in a future model year is equal to the average ZEV credit price calculated by the DOR, multiplied by the rate of 10 percent. A banked ZEV credit held at the start of the next model year is considered sold. A manufacturer must pay the tax for each year that a ZEV credit is banked or continues to be banked.
The tax applies to banked credits that were generated prior to model year 2024 that continue to be banked during the implementation of the program for purposes of model year 2024 or subsequent model years.
Exemption.
The excise tax on ZEV credits does not apply to a manufacturer that banks or sells ZEV credits associated with ZEVs or qualifying PHEV ZEVs in an amount below a total of 25,000 ZEVs or PHEV ZEVs that are banked or sold for a model year by the manufacturer.
A manufacturer that banks or sells ZEV credits, in total, for a model year of ZEV program implementation in an amount equal to or exceeding the ZEV credits associated with 25,000 ZEVs or PHEV ZEVs must pay the ZEV credit excise tax on each credit banked or sold by the manufacturer for that model year.
Reporting Requirements.
By October 31 of each year, Ecology must transmit to the DOR information relating to each manufacturer's ZEV program activities during the preceding model year as reported pursuant to ZEV program rules, beginning with model year 2024. This includes:
In addition, manufacturers must report the sales prices of ZEV credits for model year 2023.
Manufacturers are required to report to the DOR by October 31, the price, per credit and in total, of the ZEV credits included in transactions in such a way that it identifies with the transactions reported to Ecology. The unaggregated information pertaining to the price of ZEV credits is considered financial, commercial, and proprietary information that is exempt from public disclosure under the Public Records Act.
For each model year, the DOR must calculate the average ZEV credit price based on the ZEV credit sales prices reported to it. The DOR must share this information with Ecology for publication. The average ZEV credit price for a model year must be calculated by aggregating the reported sales prices of ZEV credits by manufacturers that reported transactions for the model year. Once the average ZEV credit price is calculated and published on Ecology's website, the credit price is considered final and cannot be altered based on amended information received by the DOR from Ecology or a manufacturer.
If no ZEV credit sales have occurred and been reported to the DOR for a specific model year of ZEV credit transactions, the DOR must apply the average ZEV credit price for the most recent year that sales data is available for purposes of imposing the tax on ZEV credit sales and banking for the specific model year.
Revenues.
The revenues from the tax imposed pursuant to this act must be deposited as follows:
Other Provisions.
A "manufacturer" means an independent low volume manufacturer, intermediate volume manufacturer, or large volume manufacturer as defined in the California Code of Regulations, Title 13, section 1900. "Model year" means the manufacturer's annual production period that includes January 1 of a calendar year, or, if a manufacturer has no annual production period, the calendar year. The model year for a vehicle manufactured in two or more stages is the model year in which the chassis is completed.
A "ZEV requirement" means a manufacturer's ZEV production required, expressed in whole vehicles, for the applicable model year under the ZEV program.
The administrative and enforcement provisions of Chapter 82.32 RCW apply to this act, and the DOR may adopt any rules it considers useful to administer the ZEV credit excise tax.
The requirements of a TPPS, a JLARC review, and an automatic 10-year expiration do not apply to this act.
(In support) The ZEV program was created to influence consumer choices, not to create windfall profits for a single business. The revenues from the taxes imposed in this bill will help with the short-term budget shortfall, but will ultimately underwrite the electric vehicle incentive program and much needed electric vehicle infrastructure. These investments will in turn create jobs.
The ZEV credits are not currently being reinvested in climate and community solutions, and this bill seeks to address that oversight.
(Opposed) By imposing a tax on ZEV credits, the cost and availability of the credits will increase. Ultimately, the consumers will face higher prices to purchase an electric vehicle (EV). If the state wishes to encourage EV usage, this is not the way to accomplish that policy. It will undermine the EV incentive program.
Electric vehicles negatively impact roads. Moreover, there is a Presidential Executive Order that dissolves much of the climate change policy, so this tax will probably not work.
(Other) The taxes proposed in this bill may disrupt market behavior when Washington should be supporting the transition to EVs. Moreover, it introduces financial and regulatory burdens at a critical time for the EV market. There is no inherent value in a ZEV credit and this bill proposes to tax it as if it is a liquid asset. Overall, there are legal and financial issues with this proposal.
(In support) Representative Joe Fitzgibbon, prime sponsor; Molly Gallagher, Washington Statewide Poverty Action Network; Erica Hall, MomsRising; Joanna Barnes, Washington Education Association; Lauren Boyan, WFSE; Eli Goss, Budget and Policy Center; Maggie Humphreys, MomsRising; Tyler Frank, Washington Education Association and Clark College AHE; and Matthew Hepner, IBEW and ceww.