Event Details

Clean Energy: Labor Standards Certification for Tax Incentives (Chapter 296-140 WAC)

Stakeholder Meeting on Rulemaking
Tuesday, December 13, 2022
1 p.m. – 3 p.m.


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Labor & Industries (L&I) will be holding a stakeholder meeting to solicit feedback on pre-draft rule language regarding Clean Energy Labor Standards Certification for Tax Incentives.

In 2022, the Washington State Legislature passed Second Substitute House Bill 1988 (2SHB 1988) and Engrossed Substitute Senate Bill 5714 (ESSB 5714). These new laws went into effect on July 1. The bills support the state’s clean energy economy, and transition to a clean, affordable and reliable energy future. Under the bills, a recipient of the tax deferral may qualify for a 50%, 75%, or 100% reduction in the sales and use tax required to be repaid. Qualifying projects include manufacturing, clean alternative fuels production, renewable energy storage, and solar canopies.

As part of the law, L&I must certify the projects meet certain labor standards. L&I filed a CR-101 (Pre-proposal statement of inquiry) on June 21, 2022, to initiate permanent rulemaking that will outline the certification requirements for an applicant to receive a sales and tax deferral.

During the meeting, L&I will discuss the comments received on previous pre-draft rule language and share proposed updates to the rule language in response to the feedback received.

Emergency rules are currently in effect as L&I continues to develop permanent rule language:
CR-103E Emergency Rulemaking
CR-103E Adoption Language

Also under consideration will be changes to chapter 296-140 Washington Administrative Code (WAC). This chapter involves labor standards for clean energy projects under 2019s Clean Energy Transformation Act (RCW 82.08.962 and 82.12.962) to align requirements for consistency and clarity.

Learn more
You can learn more online at www.Lni.wa.gov/CleanEnergy.

Contact us
You can contact us at: CleanEnergyReview@Lni.wa.gov
360-902-5335 (press option 4)