RCW 82.38.080 — Exemptions

(1) The following sales of special fuel are exempt from payment of the tax imposed by this chapter: (a) Sales to the state of Washington, any county, or any municipality when the fuel is used for street and highway construction and maintenance purposes in motor vehicles owned and operated by the state, county, or municipality; (b) Sales for use in publicly owned firefighting equipment; (c) Sales to the United States government; (d) Sales to a private, nonprofit transportation provider regulated under chapter 81.66 RCW when the fuel is for use in providing transportation services for persons with special transportation needs; (e) Sales of waste vegetable oil as defined under RCW 82.08.0205 , if the oil is used to manufacture biodiesel; (f)(i) Sales to privately owned urban passenger transportation systems and carriers as defined in chapters 81.68 and 81.70 RCW. No exemption or refund may be granted for special fuel used by any privately owned urban transportation vehicle, or vehicle operated pursuant to chapters 81.68 and 81.70 RCW, on any trip where any portion of the trip is more than twenty-five road miles beyond the corporate limits of the county in which the trip originated. (ii) For purposes of this subsection (1)(f), "privately owned urban passenger transportation system" means every privately owned transportation system having as its principal source of revenue the income from transporting persons for compensation by means of motor vehicles or trackless trolleys, each having a seating capacity for over fifteen persons over prescribed routes in such a manner that the routes of such motor vehicles or trackless trolleys, either alone or in conjunction with routes of other such motor vehicles or trackless trolleys subject to routing by the same transportation system, do not extend for a distance exceeding twenty-five road miles beyond the corporate limits of the county in which the original starting points of such motor vehicles or trackless trolleys are located; and (g)(i) Sales to publicly owned and operated urban passenger transportation systems. (ii) For the purposes of this subsection (1)(g), "publicly owned and operated urban passenger transportation systems" include public transportation benefit areas under chapter 36.57A RCW, metropolitan municipal corporations under chapter 36.56 RCW, city owned transit systems under chapter 35.58 RCW, county public transportation authorities under chapter 36.57 RCW, unincorporated transportation benefit areas under chapter 36.57 RCW, and regional transit authorities under chapter 81.112 RCW. (2) The following sales of motor vehicle fuel are exempt from payment of the tax imposed by this chapter: (a) Sales to the armed forces of the United States or to the national guard when the fuel is used exclusively in ships or for export from this state; (b) Sales to foreign diplomatic and consular missions, if the foreign government represented grants an equivalent exemption to missions and personnel of the United States performing similar services in the foreign country; and (c) Sales of fuel used exclusively for racing that is not legally allowed on the public highways of this state. [ 2013 c 225 s 111 ; 2009 c 352 s 1 ; 2008 c 237 s 1 ; 1998 c 176 s 60 ; 1996 c 244 s 6 ; 1993 c 141 s 2 ; 1990 c 185 s 1 ; 1983 c 108 s 4 ; 1979 c 40 s 4 ; 1973 c 42 s 1 . Prior: 1972 ex.s. c 138 s 2 ; 1972 ex.s. c 49 s 1 ; 1971 ex.s. c 175 s 9 .] Notes: Effective date — 2013 c 225: See note following RCW 82.38.010 . Effective date — 2008 c 237: See note following RCW 82.08.0205 . Effective date — 1972 ex.s. c 138: "The effective date of this act shall be July 1, 1972." [ 1972 ex.s. c 138 s 6 .]