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2004 Washington State Legislative Session 

2004 Alternative Fuels Legislation Stalled in State Legislature  The Puget Sound Clean Cities Coalition has actively worked with legislators and stakeholders from across the state to develop and support the passage of several bills to provide incentives for alternative fuels and vehicles. Despite strong bipartisan support from legislators across the state, these bills have failed to pass the Washington State Legislature this year due to a variety of factors, most of which are unrelated to the merits of the proposals. The alternative fuel bills would have provided tax incentives for the purchase of alternative fuel vehicles and the development of alternative fuel refueling stations, HOV lane access for alternative fuel vehicles, and a state fuel tax exemption for school districts on alternative fuels.



Bills Developed and/or Supported by the Coalition:


HOUSE BILL 2447 / SENATE BILL 6646 - Providing tax incentives for alternative fuels.    - THIS BILL DID NOT PASS - 
A minor amendment to HB1240 passed in 2003 session. Provides beneficial flexibility in the geographic location to which incentives for biodiesel and ethanol manufacturing facilities apply, allowing the biofuels markets to develop in the most efficient and cost-effective manner. Also, HB2447 establishes a second condition for expiration of the incentives, which protects the State from providing unnecessary incentives once the biofuels markets grow to the point of sustainability.

Summary of HB2447/SB6646:
- The sales and use tax exemption for investment projects for the manufacture of biodiesel fuel, alcohol fuels, and biodiesel feedstock is expanded to apply to individuals seeking the exemption regardless of geographic location.
- The excise tax incentives for alcohol and biodiesel fuels and biodiesel feedstock terminate prior to 2009 if the volume of biodiesel manufactured is equal to 20 percent of the total of the volume of diesel fuel and biodiesel fuel manufactured. The alcohol and biodiesel-related incentives that would terminate are the sales and use tax exemption on investment projects for manufacturers; the preferential B&O tax rate for manufacturers; the deduction from B&O taxable income for sales of blends of the fuels by retailers; and the sales and use tax exemption on equipment used for refueling.
- Takes effect July 1, 2004.

Status in House: 

Jan 16 Public hearing before the Technology, Telecommunications and Energy Committee.
Jan 16 Executive action taken by committee. Bill passed by committee 15 to 2.
Jan 19 Referred to Finance Committee.
Feb 6 Public hearing before House Finance Committee.
Feb 6 Passed by Finance Committee. Referred to Rules Committee for 2nd Reading.
Feb 14 Placed on second reading by Rules Committee. 
Feb 17 The full House failed to vote on the bill prior to the "House of Origin" cut-off date. Efforts are being made to find a means to move the bill forward, but if these do not succeed, this bill will not be passed this year.

Status in Senate: 

Jan 29 Referred to Natural Resources, Energy & Water Committee.
Feb 5 Public hearing. 10am in J.A. Cherberg Building, Hearing Room 2
Feb 6 Passed by Natural Resources, Energy & Water Committee. Referred to Rules for 2nd Reading.
Feb 13 Placed on second reading by Rules Committee. 
Feb 17 The full Senate failed to vote on the bill prior to the "House of Origin" cut-off date. Efforts are being made to find a means to move the bill forward, but if these do not succeed, this bill will not be passed this year.


 

HOUSE BILL 2821 / SENATE BILL 6647- Protecting student health by providing incentives for the use of clean-burning alternative fuels in school buses.     - THIS BILL DID NOT PASS - 
Cleaner school buses to protect student health by reducing emissions became a priority of the State with the passage of SB6072 and HB1243 in the 2003 session. These laws established the Clean School Bus Program and the Biodiesel School Bus Pilot Program. While some funding is provided to implement these programs through the purchase of retrofit equipment and ultra low sulfur diesel, very little funding is provided to help cover the increased cost of other clean fuel options. Exempting school districts from paying state fuel taxes on these cleaner fuels will allow the schools to implement a variety of clean bus programs within their existing budgets.

Summary of HB2821/SB6647: 
- Provides that every student transportation program, whether operated by a school district or a commercial chartered bus service, is exempt from the provisions of chapter 82.38 RCW requiring the payment of special fuel taxes on biodiesel fuel, natural gas, and liquefied petroleum gas if the biodiesel fuel is used at a minimum of a twenty percent blend by volume.
- Takes effect July 1, 2004.

Status in House:

Jan 21 Referred to Committee on Transportation.
Feb 2 Public hearing at 3:30pm
Feb 10 Committee did not take action on bill prior to cut-off date. House version will not be passed this year. Efforts are being made to explore the potential of amending the provisions of HB2821 to another bill.

Status in Senate:

Jan 29 Referred to Natural Resources, Energy & Water Committee.
Feb 5 Public hearing. 10am in J.A. Cherberg Building, Hearing Room 2
Feb 10 Committee did not take action on bill prior to cut-off date. Senate version will not be passed this year. Efforts are being made to explore the potential of amending the provisions of SB6647 to another bill.

 


HOUSE BILL 2822 / SENATE BILL 6648 - Authorizing the use of high-occupancy vehicle lanes by low-emission vehicles.     
- THIS BILL DID NOT PASS - 

Access to HOV lanes provides a valuable and tangible incentive for businesses and individuals to purchase and use the qualifying low-emission vehicles. This has been proven in many other states who allow HOV lane access to low-emission vehicles with only one occupant. Under Federal regulations, qualifying vehicles are limited to dedicated natural gas, propane and electric vehicles.

Summary of HB2822/SB6648:
- Authorizes the use of high-occupancy vehicle lanes by inherently low-emission vehicles. "Inherently low-emission vehicle" means an inherently low-emission vehicle as defined in, and conforming to the certification and labeling requirements of, federal regulations under 40 C.F.R. Part 88, and includes zero-emission vehicles. Under these federal regulations, eligible vehicles are dedicated natural gas and propane vehicles and electric vehicles.
- Directs the department of transportation to conduct a study on how any existing high-occupancy toll lane program or value pricing pilot program may be expanded to include vehicles whose combined city and highway average gasoline mileage is at least twice the national average for passenger cars, as that figure is determined by the United States environmental protection agency, if such vehicles were to receive a fee waiver or discount.
- Requires the department to report its findings to the legislature by January 1, 2005, or at the conclusion of the department's study of high-occupancy toll lanes under the United States federal highway's value pricing pilot program, whichever occurs first.
- Takes effect July 1, 2004.

Status in House:

Jan 21 Referred to Committee on Transportation.
Feb 2 Public hearing at 3:30pm
Feb 10 Committee did not take action on bill prior to cut-off date. House version will not be passed this year. However, alternative fuel/low-emission vehicle provisions are now included in House Bill 2808 which establishes a toll-lane pilot program on Highway 167. See more information below.

Status in Senate:

Jan 29 Referred to Highways & Transportation Committee.
No hearing currently scheduled.
Feb 10 Committee did not take action on bill prior to cut-off date. Senate version will not be passed this year.

 


HOUSE BILL 2823 / SENATE BILL 6685 - Providing incentives to reduce air pollution and improve energy security through the use of alternative fuel vehicles.     - THIS BILL DID NOT PASS - 
Provides B&O tax credit for the purchase of alternative fuel vehicles and B&O tax credit and sales/use tax exemptions for the development of alternative fuel refueling stations. These alternative fuel vehicles (natural gas, propane, hydrogen and fuel cells) are valuable and viable alternatives which were not included in the package of bills from the 2003 session which provided incentives for biodiesel and ethanol fuels. These other alternatives will significantly contribute towards the goals of improved air quality, protecting public health and increasing the use of domestic sources of fuel. The bill places strict limits on the amount of incentives received per vehicle, per fuel station, per business, and per year, and also contains an expiration date.

Summary of HB2823/SB6685:
- Provides Business and Occupation (B&O) tax 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. “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 natural gas, liquefied petroleum gas (propane), hydrogen or electricity; or (b) as a fuel cell vehicle, which is defined as a vehicle that operates on an electric motor drawing current from combining hydrogen and oxygen in an electrochemical process. 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. The credit is based upon the following schedule:

VEHICLE TONNAGE  CREDIT
Less than 10,000 pounds GVW 30 percent of the cost or $5,000, whichever is less
10,000 pounds or more GVW 30 percent of the cost or $25,000, whichever is less

- Provides a Business and Occupation (B&O) tax 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 natural gas, liquefied petroleum gas (commonly called propane), and hydrogen. 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. 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.
- Provides an exemption from state sales and use taxes on 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 natural gas, liquefied petroleum gas, hydrogen, or a blend of natural gas and hydrogen for use in a motor vehicle or is used for the recharging of an electric vehicle.
- Takes effect July 1, 2004.

Status in House:

Jan 21 Referred to Committee on Technology, Telecommunications & Energy.
Jan 30 Public hearing at 8:00am in O'Brien Building.
Feb 4 Passed by Technology, Telecommunications & Energy Committee.
Feb 6 Referred to Finance Committee.
Feb 9 Public hearing at 8:00am in O'Brien Building, Hearing Room C.
Feb 10 Passed by Finance Committee with amendments. Referred to Rules Committee for 2nd Reading. Finance Committee amended the bill to remove natural gas and propane vehicles and fuel stations from eligibility to receive the incentives.
Feb 14 Placed on second reading by Rules Committee. Bill is now up for vote by the full House.
Feb 17 The full House failed to vote on the bill prior to the "House of Origin" cut-off date. Efforts are being made to find a means to move the bill forward, but if these do not succeed, this bill will not be passed this year.

Status in Senate:

Jan 29 Referred to Natural Resources, Energy & Water Committee.
Feb 5 Public hearing. 10am in J.A. Cherberg Building, Hearing Room 2
Feb 6 Passed by Natural Resources, Energy & Water Committee.
Feb 6 Referred to Ways & Means Committee.
Feb 9 Public hearing at 1:30pm in Cherberg Building, Hearing Room 4.
Feb 10 Committee did not vote on bill prior to cut-off date. Bill will not be passed this year. 

 

 

HOUSE BILL 2937 - Relating to a special fuel tax exemption for one hundred percent biodiesel fuel.      - THIS BILL DID NOT PASS - 
The current high cost of biodiesel compared to petroleum diesel is prohibitive to many fleets and individuals. Reducing the state fuel tax is one means of addressing this issue and increasing demand for biodiesel. The result will be improved air quality, protection of public health, energy security and economic development.

Summary of HB2937:
- Exempts 100% biodiesel fuel from the 5 cent additional special fuel tax imposed in 2003.

Status in House:

Jan 23 Referred to Committee on Transportation.
Feb 10 Committee did not take action on the bill prior to cut-off date. Bill will not be passed this year.

 

 

HOUSE BILL 2702 - Relating to the purchase of state motor pool vehicles. 
- THIS BILL DID NOT PASS -  
State leadership in the use of hybrid and alternative fuel vehicles is critical to setting the example for municipal and private fleets. It is also essential in helping to build the overall market for these vehicles and helping to establish a network of alternative fuel refueling stations. These cleaner vehicles will also result in reductions is air pollution and petroleum use.

Summary of HB2702:
- Requires half of planned new vehicle purchases made by the Department of General Administration (GA) to be electric hybrid vehicles, vehicles that use alternative fuels, or a combination of both, for the period July 1, 2004 through June 30, 2009.

Status in House:

Jan 20 Referred to Committee on State Government.
Jan 27 Public hearing held. 
Feb 6 Committee did not vote on bill prior to cut-off date. Bill will not be passed this year.

 


Other Alternative Fuels or Vehicle-Related Legislation of Interest: 


SENATE BILL 6487 - Providing biodiesel and ethanol fuel mandates.   
- THIS BILL DID NOT PASS - 
By Senator Mulliken

Summary of SB 6487: 
- Provides that all diesel fuel sold or offered for sale in the state for use in internal combustion engines must contain at least two percent biodiesel fuel by volume. The minimum biodiesel fuel content requirement does not apply to fuel used in the following equipment: (1) Motors located at an electric generating plant regulated by the nuclear regulatory commission, unless the commission has approved the use of biodiesel fuel in motors at electric generating plants under its regulation; or (2) Railroad locomotives. 
- Requires that, on and after July 1, 2006, and until July 1, 2007, at least thirty-five percent of all gasoline sold by each distributor for use in motor vehicles in the state must contain ten percent ethanol by volume.
- Requires that, on and after July 1, 2007, and until July 1, 2008, at least seventy percent of all gasoline sold by each distributor for use in motor vehicles in the state must contain ten percent ethanol by volume.
- Requires that, on and after July 1, 2008, at least eighty-five percent of all gasoline sold by each distributor for use in motor vehicles in the state must contain ten percent ethanol by volume.
- Takes effect July 1, 2006.

Status:

Jan 21 Referred to Committee on Natural Resources, Energy & Water.
Feb 5 Public hearing at 10am in Cherberg Building, Hearing Room 2
Feb 6 Committee did not vote on bill prior to cut-off. Bill will not be passed this year.




SENATE BILL 6386 - Reducing air pollution from heavy duty diesel vehicles and large vessels.
- THIS BILL DID NOT PASS - 
By Senators Fraser, Morton, Winsley, Carlson, Regala and Kline

Summary of SB 6386:
- The Department of Ecology must develop, in consultation with local air authorities, the Department of Transportation, and the Washington Public Ports Association, a list of prioritized sites where stand-alone electrification projects should be initiated for heavy duty diesel vehicles. Criteria is provided for use in developing the prioritized list of sites. The prioritized list of potential electrification projects must be submitted to the appropriate committees of the Legislature and the Governor by December 15, 2004. 
- The department must initiate, by January 1, 2005, a request for proposal process to build a stand-alone electrification project at the highest priority site. The department must initiate additional stand-alone projects as funding may allow. The department must also conduct a study regarding the development of on-board electrification projects for heavy duty diesel vehicles, ports, airports, or rail yards. The department is not required to conduct any original scientific research as part of the study. The results of the study must be submitted to the Legislature and the Governor by October 15, 2005. 
- The department must seek financial assistance from federal and nonstate sources to fund stand-alone and on-board electrification infrastructure projects, and to assist owners and operators of heavy duty diesel vehicles and large vessels to modify their on-board equipment to accept auxiliary power when stationary. 
- The department must also develop a state funding strategy for construction of additional stand-alone projects on the priority list.

Status:

Jan 19 Referred to Committee on Natural Resources, Energy & Water.
Feb 5 Public hearing.
Feb 6 Passed by Committee on Natural Resources, Energy & Water.
Feb 6 Referred to Rules for 2nd Reading.
Feb 13 Made eligible to be placed on second reading.
Feb 17 The full Senate failed to vote on the bill prior to the "House of Origin" cut-off date. This bill will not be passed this year.

 

HOUSE BILL 2808 / SENATE BILL 6672 - Authorizing a pilot project for high-occupancy toll lanes.
- THIS BILL DID NOT PASS - 

Summary of HB 2808/SB 6672: Declares an intent to direct that the department of transportation, as a pilot project, develop and operate a high- occupancy toll lane on state route 167 in King county and to conduct an evaluation of that project to determine impacts on freeway efficiency, effectiveness for transit, feasibility of financing improvements through tolls, and the impacts on freeway users.

Status in House:

Jan 21 Referred to Transportation Committee.
Jan 26 Public hearing.
Feb 5 Amended by Transportation Committee. Amendments include provisions which may result in lower or no access fees for low-emission vehicles, such as EVs, natural gas and propane vehicles.
Feb 6 Referred to Rules for 2nd Reading.
Feb 16 Passed by the House: 57 to 41. The bill now moves to the Senate Highways and Transportation Committee.
Feb 27 The Senate Highways and Transportation Committee failed to take action on the bill prior to the cut-off date for committee action. This bill will not be passed this year.

Status in Senate:

Jan 29 Referred to Committee on Highways & Transportation.
Feb 10 Committee did not take action on bill prior to cut-off date. Senate version of bill will not pass this year.

 

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