WSR 19-24-062
[Filed November 27, 2019, 11:24 a.m.]
Subject of Possible Rule Making: Chapter 296-140 WAC, Clean energy labor standards certification.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Sections 18 and 19, chapter 288, Laws of 2019 (E2SSB 5116); RCW 82.08.962 and 82.12.962.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2019's Clean Energy Transformation Act amends RCW 82.08.962 and 82.12.962 related to sales and use tax remittances for machinery and equipment used in generating electricity (sections 18 and 19, chapter 288, Laws of 2019, E2SSB 5116). Under the amendments, the sales and use tax remittances are available for certain clean energy projects when certified by the department of labor and industries (L&I) that the developer of the project complied with specific labor standard requirements and the machinery and equipment is installed on or after January 1, 2020, and completed by December 31, 2029. L&I is required to adopt rules to define and set minimum requirements for all labor standards associated with the certification for tax remittance; set requirements for all good faith efforts; and set other requirements to documentation and the certification process.
The proposed rules address:
Standards for certification for:
oProcurement from and contracts with women-owned, minority-owned, and veteran-owned businesses;
oProcurement from and contracts with entities that have a history of complying with federal and state wage and hour laws and regulations;
oApprenticeship utilization;
oPreferred entry for workers living in the area where the project is being constructed;
oPayment of prevailing wages; and
oProject labor agreements and community workforce agreements.
Requirements and processes for related to application, records and documentation, and certification.
This rule will be adopted under new chapter 296-140 WAC, Clean energy labor standards certification.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable.
Process for Developing New Rule: L&I will develop the rule language with input from stakeholders. Interested parties may participate in the decision to adopt the amended rules and formulation of the rules before publication by contacting the individual below. The public may also participate, after amendments are proposed by providing written comments and/or testimony during the public hearing and comment period.
For more information on this rule making, visit L&I's Rulemaking Activity website at or contact the individual below.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Beverly Clark, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-902-6272, fax 360-902-5292, email
November 27, 2019
Joel Sacks