Revised Code of Washington
Chapter 82.16 - Public Utility Tax.
82.16.185 - Credit—State energy performance standard—Early adoption incentive program.

RCW 82.16.185
Credit—State energy performance standard—Early adoption incentive program. (Expires June 30, 2032.)

(1) Subject to the requirements of this section, a light and power business or a gas distribution business is allowed a credit against taxes due under this chapter in an amount equal to:
(a) Incentive payments made in any calendar year under RCW 19.27A.220; and
(b) Documented administrative cost not to exceed eight percent of the incentive payments.
(2) The credit must be taken in a form and manner as required by the department.
(3) Credit must be claimed against taxes due under this chapter for the incentive payments made and administrative expenses incurred. Credit earned in one calendar year may not be carried backward but may be claimed against taxes due under this chapter during the same calendar year and for the following two calendar years. The credit may not exceed the tax that would otherwise be due under this chapter. Refunds may not be granted in the place of a credit.
(4)(a) Except as provided in (c) of this subsection, any business that has claimed credit in excess of the amount of credit the business earned under subsection (1) of this section must repay the amount of tax against which the excess credit was claimed.
(b) The department must assess interest on the taxes due under this subsection. Interest must be assessed at the rate provided for delinquent excise taxes under chapter 82.32 RCW, retroactively to the date the credit was claimed, and accrues until the taxes against which the credit was claimed are repaid. The department must provide written notice of the amount due under this subsection and that the amount due must be paid within thirty days of the date of the notice. The department may not impose penalties as provided in chapter 82.32 RCW on taxes due under this subsection unless the amount due is not paid in full by the due date in the notice.
(c) A business is not liable for excess credits claimed in reliance on amounts reported to the business by the department of commerce as due and payable as provided under RCW 19.27A.220, if such amounts are later found to be abnormal or inaccurate due to no fault of the business.
(5) The amount of credit taken under this section and the identity of a business that takes the credit is not confidential taxpayer information under RCW 82.32.330 and is subject to disclosure.
(6) This section expires June 30, 2032.

[ 2019 c 285 § 8.]
NOTES:

Tax preference performance statement—2019 c 285 § 8: "This section is the tax preference performance statement for the tax preference contained in section 8, chapter 285, Laws of 2019. This performance statement is only intended to be used for subsequent evaluation of the tax preference. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
(1) The legislature categorizes this tax preference as one intended to induce implementation of building energy efficiency measures, as indicated in RCW 19.27A.220.
(2) It is the legislature's specific public policy objective to increase energy efficiency and the use of renewable fuels that reduce the amount of greenhouse gas emissions in Washington. It is the legislature's intent to provide a credit against the taxes owing by utilities under chapter 82.16 RCW for the incentives provided for the implementation by eligible building owners of energy efficiency and renewable energy measures.
(3) If a review finds that measurable energy savings have increased in covered commercial buildings for which building owners are receiving an incentive payment from a qualifying utility, then the legislature intends to extend the expiration date of the tax preference.
(4) In order to obtain the data necessary to perform the review in subsection (3) of this section, the joint legislative audit and review committee may refer to the number of building owners receiving an incentive payment from qualifying utilities taking the public utility tax preference under RCW 82.16.185, the amount of the incentive payment, and the energy use intensity reduction of the buildings as a result of the incentive program, as reported by the department of commerce." [ 2019 c 285 § 7.]

Structure Revised Code of Washington

Revised Code of Washington

Title 82 - Excise Taxes

Chapter 82.16 - Public Utility Tax.

82.16.010 - Definitions.

82.16.020 - Public utility tax imposed—Additional tax imposed—Deposit of moneys.

82.16.023 - Tax preferences—Expiration dates.

82.16.030 - Taxable under each schedule if within its purview.

82.16.040 - Exemption.

82.16.0421 - Exemptions—Sales to electrolytic processing businesses.

82.16.045 - Exemptions and credits—Pollution control facilities.

82.16.046 - Exemptions—Operation of state route No. 16.

82.16.047 - Exemptions—Ride sharing.

82.16.0491 - Credit—Contributions to an electric utility rural economic development revolving fund.

82.16.0495 - Credit—Electricity sold to a direct service industrial customer.

82.16.0496 - Credit—Clean alternative fuel commercial vehicles—Alternative fuel vehicle infrastructure.

82.16.0497 - Credit—Light and power business, gas distribution business.

82.16.0498 - Credit—Sales of electricity or gas to an aluminum smelter.

82.16.0499 - Credit—Businesses that hire veterans.

82.16.050 - Deductions in computing tax.

82.16.053 - Deductions in computing tax—Light and power businesses.

82.16.055 - Deductions relating to energy conservation or production from renewable resources.

82.16.060 - May be taxed under other chapters.

82.16.080 - Administration.

82.16.090 - Light or power and gas distribution businesses—Information required on customer billings.

82.16.100 - Solid waste business not subject to chapter.

82.16.110 - Renewable energy system cost recovery—Definitions.

82.16.120 - Renewable energy system cost recovery—Application to light/power business—Certification—Limitations.

82.16.130 - Renewable energy system cost recovery—Light/power business tax credit.

82.16.150 - Light and power business—Liability.

82.16.155 - Tax preference performance statement—Joint legislative audit and review committee review—Washington State University data collection.

82.16.160 - Definitions—Renewable energy tax incentives.

82.16.165 - Annual production incentive certification.

82.16.170 - Community solar programs—Organization and administration—Certification for incentive payments.

82.16.175 - Shared commercial solar projects—Organization and administration.

82.16.180 - Solar modules—Sale and installation tax incentives.

82.16.182 - Community solar projects—Definitions.

82.16.183 - Community solar projects.

82.16.184 - Credit—Community solar projects.

82.16.185 - Credit—State energy performance standard—Early adoption incentive program.

82.16.305 - Exemptions—Joint municipal utility services authorities.

82.16.310 - Exemptions—Sales by a gas distribution business.

82.16.315 - Exemptions—Sales of electricity or gas to silicon smelters.

82.16.320 - Exemptions—Qualifying grants—National emergency or state of emergency.

82.16.325 - Exemptions—Services for farms.