RCW 82.16.187 — Credit — Alternative jet fuel

(1)(a) Subject to the limits and provisions of this section, a credit is allowed against the tax otherwise due under this chapter for persons engaged in the use of alternative jet fuel. (b) Except as provided in (c) of this subsection, the credit under this section is equal to $1 for each gallon of alternative jet fuel that has at least 50 percent less carbon dioxide equivalent emissions than conventional petroleum jet fuel and is purchased during the prior calendar year by a business for use as alternative jet fuel for flights departing in this state. (c) The credit amount under (b) of this subsection must increase by 2 cents for each additional one percent reduction in carbon dioxide equivalent emissions beyond 50 percent, not to exceed $2 for each gallon of alternative jet fuel. (d) The credit under this section is calculated only on the portion of jet fuel that is considered alternative jet fuel and does not include conventional petroleum jet fuel when such fuels are blended or otherwise used in a jet fuel mixture. (e) A credit under this section may not be claimed until the department of ecology verifies that there are one or more facilities operating in this state with cumulative production capacity of at least 20,000,000 gallons of alternative jet fuel each year and has provided such notice to the department. (2) A person may not receive credit under this section for amounts claimed as credits under chapter 82.04 RCW. (3) To claim a credit under this section a person must electronically file with the department all returns, forms, and any other information required by the department, in an electronic format as provided or approved by the department. (4) To claim a credit under this section, the person applying must: (a) Complete an application for the credit which must include: (i) The name, business address, and tax identification number of the applicant; (ii) Documentation of the amount of alternative jet fuel purchased by the business in the prior calendar year; (iii) Documentation sufficient for the department to verify that the alternative jet fuel for which the credit is being claimed meets the definition in RCW 82.04.287 (3) and the carbon intensity reduction benchmarks under subsection (1)(b) and (c) of this section, as certified by the department of ecology under chapter 70A.535 RCW; and (iv) Any other information deemed necessary by the department to support administration or reporting of the program. (b) Obtain a carbon intensity score from the department of ecology prior to submitting an application to the department. (5) The department must notify applicants of credit approval or denial within 60 days of receipt of a final application and documentation. (6) If a person fails to supply the information as required in subsection (4) of this section, the department must deny the application. (7)(a) The credit under this section may be used against any tax due under this chapter. (b) A credit earned during one calendar year may be carried over and claimed against taxes incurred for the next subsequent calendar year but may not be carried over for any calendar year thereafter. (c) No refunds may be granted for credits under this section. (8) The definitions in RCW 82.04.4361 apply to this section. (9)(a) Credits may be earned beginning on the first day of the first calendar quarter following the month in which notice under subsection (1)(e) of this section was received by the department. (b) Credits may not be earned beginning nine calendar years after the close of the calendar year in which the credit may be earned, as provided in (a) of this subsection. (10) A person claiming the credit provided in this section must file a complete annual tax performance report with the department under RCW 82.32.534 . [ 2023 c 232 s 12 .] Notes: Tax preference performance statement — Effective date — 2023 c 232 ss 9-12: See notes following RCW 82.04.287 . Intent — 2023 c 232: See note following RCW 70A.535.010 . Automatic expiration date exemption — 2023 c 232: See note following RCW 82.04.287 .