Event Details

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

Stakeholder Meeting on Rulemaking
Monday, August 8, 2022
1:30 p.m. – 3:30 p.m.


Meeting Details
Join Zoom Meeting: https://lni-wa-gov.zoom.us/j/86730398343?pwd=dkhjRVR2eVo3NFVMbFcrT1BnVGpYdz09
Meeting ID: 867 3039 8343
Passcode: August22!

One tap mobile
+12532158782,,86730398343#,,,,*522182957# US (Tacoma)
+14086380968,,86730398343#,,,,*522182957# US (San Jose)

Dial by your location
+1 253 215 8782 US (Tacoma)
+1 408 638 0968 US (San Jose)
+1 669 444 9171 US
+1 669 900 6833 US (San Jose)
+1 346 248 7799 US (Houston)
+1 564 217 2000 US
+1 646 876 9923 US (New York)
+1 646 931 3860 US
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
+1 386 347 5053 US

Meeting ID: 867 3039 8343
Passcode: 522182957
Find your local number: https://lni-wa-gov.zoom.us/u/kdD6S9jCjg


Labor & Industries (L&I) is considering labor standards for certain clean energy projects. The standards will be used for a project applicant to receive a sales and tax deferral.
L&I adopted an emergency rule on July 1 to:
     (1) Establish minimum requirements for labor standards for certain clean energy projects;
            - Set requirements to consult with other state agencies. The goal will be to develop a plan to meet the standards.
            - The other agencies involved include the Office of Minority and Women-Owned Businesses, and the Department of Veteran Affairs.
     (2) Set other requirements for documentation and the certification process.

To initiate the permanent rulemaking process for the labor standard certification requirements, a CR-101 (Pre-proposal statement of inquiry) was filed on June 21, 2022. Chapter 296-140 WAC involves labor standards for clean energy projects under 2019s Clean Energy Transformation Act (RCW 82.08.962 and 82.12.962).

Why this is happening now
In 2022, the 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 labor standards. The certification permits an applicant to receive a sales and tax deferral.

The emergency rule filed on July 1:
CR-103E Emergency Rulemaking
CR-103E Adoption Language

Next steps
With the filing of the emergency rule, the next step will be a formal rulemaking process. That will include submission of draft language with the state Office of the Code Reviser, a comment period, and a formal public hearing. You can see more online at www.Lni.wa.gov/CleanEnergy.

We would appreciate your thoughts and input on the development of permanent rulemaking.

You can contact us at:
360-902-5335 (press option 4)

Jordan Guerra
Clean Energy Specialist
Clean Energy Program