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Second Engrossed Substitute House Bill 1371 — State of Washington, 68th Legislature, 2023 Regular Session

Summary

Second Engrossed Substitute House Bill 1371 of the State of Washington's 68th Legislature, 2023 Regular Session, by House Finance. Its title states that it relates to government incentives for improving freight railroad infrastructure, adds new sections to chapters 82.04, 82.08, 82.12 and 82.16 RCW, creates new sections and provides effective dates and expiration dates. Section 2 allows a credit against taxes due under chapter 82.04 RCW equal to 50 percent of qualified short line railroad maintenance expenditures, capped at $3,500 multiplied by the miles of railroad track owned or leased in the state. Section 9 makes the act null and void if specific funding is not provided by June 30, 2024. The bill was read first time February 24, 2023.

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“Second Engrossed Substitute House Bill 1371 — State of Washington, 68th Legislature, 2023 Regular Session.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-28-a31191-bill-1371-s-e2-40432e3413/, SHA-256 999941420cbf41d113075a23df007ad00535e8a506974c831c1b3f183524c418.

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                  SECOND ENGROSSED SUBSTITUTE HOUSE BILL 1371


     State of Washington         68th Legislature     2023 Regular Session

     By House Finance (originally sponsored by Representatives Barkis,
     Leavitt, Orcutt, Fey, Barnard, Chapman, Low, Connors, Goehner,
     Chambers, Chandler, Couture, Griffey, Hutchins, Robertson, Volz,
     Walsh, Christian, Doglio, Schmick, and Gregerson)

     READ FIRST TIME 02/24/23.




1        AN ACT Relating to government incentives for improving freight
2    railroad infrastructure; adding new sections to chapter 82.04 RCW;
3    adding a new section to chapter 82.08 RCW; adding a new section to
4    chapter 82.12 RCW; adding new sections to chapter 82.16 RCW; creating
5    new sections; providing effective dates; and providing expiration
6    dates.


 7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 8       NEW SECTION. Sec. 1. The legislature finds that railroads play
 9   a crucial role in economic development, serving nearly every
10   industrial,   wholesale,   retail,  and   resource-based  sector   in
11   Washington's economy. The legislature further finds that freight
12   railroad infrastructure is an essential link in the supply chain and
13   provides an efficient way to connect Washington's economy to national
14   and international markets. The legislature further finds that
15   maintenance and improvements to the railroad system are needed to
16   support modern 286,000 pound railcars, foster economic development,
17   increase infrastructure resiliency, avoid supply chain disturbances,
18   and meet carbon reduction goals for transportation greenhouse gases.
19   The legislature intends to provide incentives to the rail industry
20   that can lead to a more effective short line rail system.


                                       p. 1                     2ESHB 1371
 1       NEW SECTION.   Sec. 2.   A new section is added to chapter 82.04
 2   RCW to read as follows:
 3       (1) A credit is allowed against taxes due under this chapter for
 4   expenditures made by an eligible taxpayer pursuant to subsection (2)
 5   of this section. The credit is subject to a maximum annual credit
 6   amount set forth in subsection (3) of this section.
 7       (2) Qualified expenditures incurred by an eligible taxpayer may
 8   be used to generate a credit for the following amounts:
 9       (a) For qualified short line railroad maintenance expenditures, a
10   credit is allowed against the taxes due under this chapter in an
11   amount equal to 50 percent of the qualified short line railroad
12   maintenance expenditures. The amount of the credit earned in a
13   calendar year may not exceed an amount equal to $3,500 multiplied by
14   the number of miles of railroad track owned or leased in the state by
15   the eligible taxpayer as of the close of the calendar year.
16       (b) For qualified new rail development expenditures, a credit is
17   allowed against the taxes due under this chapter in an amount equal
18   to 50 percent of the new rail development expenditures of an eligible
19   taxpayer.
20       (c) For qualified railroad modernization and rehabilitation
21   expenditures, a credit is allowed against the taxes due under this
22   chapter in an amount equal to 50 percent of the qualified railroad
23   modernization   and  rehabilitation   expenditures   by  an  eligible
24   taxpayer.
25       (3) The total credit amount approved under subsection (2) of this
26   section and section 6(2) of this act may not exceed $1,000,000 for
27   each eligible taxpayer in a calendar year. Credits are available on a
28   first-in-time basis. The department must disallow any credits, or
29   portions thereof, that would cause the total amount of credits
30   approved under subsection (2) of this section and section 6(2) of
31   this act to exceed $15,000,000 during any calendar year.
32       (4) The credit claimed may not exceed the tax that would
33   otherwise be due under this chapter. Refunds may not be granted in
34   the place of credits. Any amount of credit earned under this section
35   not claimed by the taxpayer in one calendar year may be carried
36   forward for no more than five calendar years immediately following
37   the year that the credit was earned.
38       (5)(a) An eligible taxpayer may transfer all or a portion of the
39   credit approved under this section to any taxpayer subject to the tax
40   imposed under this chapter at any time during the calendar year in
                                     p. 2                       2ESHB 1371
 1   which the credit is approved by the department and for five calendar
 2   years following the year that the credit is approved.
 3       (b) To transfer all or any portion of an approved credit, the
 4   taxpayer   originally  allowed   the   credit,   and  the subsequent
 5   transferee, must jointly file a credit transfer application with the
 6   department. The application must include:
 7       (i) The names, addresses, and taxpayer identification numbers of
 8   the parties to the transfer;
 9       (ii) The amount of the credit being transferred;
10       (iii) The year the credit was originally approved by the
11   department for use by the transferring taxpayer;
12       (iv) The tax year or years for which the credit may be claimed;
13   and
14       (v) Any other information or documents the department may
15   require.
16       (c) No credit or portion thereof may be transferred more than
17   once.
18       (6) The department must administer the credit. To claim or
19   transfer a credit under this section, the taxpayer applying must
20   complete an application for credit based on qualified expenditures
21   incurred by the eligible taxpayer the previous calendar year. The
22   department must rule on applications within 60 days of receipt. The
23   department may extend the time of processing an application upon
24   notice to the taxpayer and by providing the taxpayer an explanation
25   on why the application processing cannot be completed on time.
26       (7) For purposes of this section, the following definitions
27   apply:
28       (a) "Class I railroad" means a railroad that is classified by the
29   United States surface transportation board as a class I railroad, as
30   defined in 49 C.F.R. Sec. 1201.1-1(a), as in effect on January 1,
31   2024.
32       (b) "Eligible taxpayer" means:
33       (i) Any railroad subject to the tax under this chapter that is
34   classified by the United States surface transportation board as a
35   class II or class III railroad, as defined in 49 C.F.R. Sec.
36   1201.1-1(a), as in effect on January 1, 2024;
37       (ii) Any railroad owned by a port, city, or county in the state
38   of Washington; or
39       (iii) Any owner or lessee of rail siding, industrial spur, or
40   industry track, if the rail siding, industrial spur, or industry
                                     p. 3                       2ESHB 1371
 1   track is located on or adjacent to a class II or class III railroad
 2   in the state of Washington.
 3       (c) "Industrial spur" means a secondary track used by railroads
 4   and customers at a location to load and unload railcars without
 5   interfering with other railroad operations.
 6       (d)   "Qualified   new  rail   development   expenditures"   means
 7   expenditures for new rail development by an eligible taxpayer, which
 8   includes the construction of new track, industrial leads, switches,
 9   industrial spurs, sidings, rail loading docks, and transloading
10   structures involved with providing rail services to new customer
11   locations or existing customer expansions in the state by an eligible
12   taxpayer.
13       (e)   "Qualified   railroad   modernization   and   rehabilitation
14   expenditures" means expenditures by an eligible taxpayer to upgrade
15   less than 90 pound rail and switches, 286,000 pound capacity rail
16   upgrades to the mainline track, rail and tie replacement projects,
17   track   capacity  enhancements,   bridge   rehabilitation  or   bridge
18   replacement projects, natural disaster projects, or other track-
19   related projects determined to enhance or modernize the existing
20   track infrastructure in the state by an eligible taxpayer.
21       (f) "Qualified short line railroad maintenance expenditures"
22   means expenditures for railroad infrastructure maintenance including,
23   but not limited to, rail, ties, tie plates, joint bars, fasteners,
24   switches, ballast, subgrade, roadbed, bridges, industrial leads,
25   sidings, signs, safety barriers, crossing signals and gates, and
26   related track structures owned or leased by a class II or class III
27   railroad.
28       (g) "Siding" means a short section of track, distinct from a
29   mainline, branch line, or spur, connected by switches to a main track
30   and used for storage, passing, or other purposes.
31       (8) Qualified expenditures, as defined in subsection (7)(d), (e),
32   and (f) of this section, do not include expenditures used to generate
33   a federal tax credit or expenditures funded by a state or federal
34   grant.
35       (9) This section does not apply to class I railroads or short
36   line railroads owned by a class I railroad or any of its
37   subsidiaries.
38       (10) No person may claim a credit against taxes due under both
39   this chapter and chapter 82.16 RCW for the same qualified
40   expenditures.
                                     p. 4                       2ESHB 1371
 1       (11) To claim a credit under this chapter, a taxpayer must
 2   electronically file with the department all returns, forms, and other
 3   information the department requires in an electronic format as
 4   provided and approved by the department. Any return, form, or
 5   information required to be filed in an electronic format under this
 6   section is not filed until received by the department in an
 7   electronic format. For purposes of this subsection, "returns" has the
 8   same meaning as "return" in RCW 82.32.050.
 9       (12) The ability to earn credits for qualifying expenditures
10   under this section expires January 1, 2036. No credit may be claimed
11   on tax returns filed for reporting periods beginning on or after
12   January 1, 2042.

13      NEW SECTION.   Sec. 3.   A new section is added to chapter 82.04
14   RCW to read as follows:
15       (1) Any company that recycles railroad material is eligible for a
16   credit as provided in this section if, on or after the effective date
17   of this section, the company transfers to an eligible taxpayer rail,
18   ties, tie plates, joint bars, fasteners, switches, ballast, or other
19   equipment or materials that are part of the rail infrastructure to be
20   installed on tracks used by class II and class III railroads.
21       (2) The credit is equal to the fair market value of the donated
22   materials used for track maintenance, expansion, or modernization.
23   Materials   must  be   given  to   a   qualifying  recipient  without
24   consideration to receive a credit. The department must provide in
25   rule a standard for determining the fair market value of donated
26   materials under this section.
27       (3)(a) A company that recycles railroad material may transfer all
28   or a portion of the credit earned under this section to any taxpayer
29   subject to the tax imposed under this chapter at any time during the
30   year in which the credit is earned and five years following the year
31   that the credit is earned.
32       (b) To transfer all or any portion of a credit earned, the
33   taxpayer originally allowed the credit and the subsequent transferee
34   must jointly file a credit transfer application with the department.
35   The application must include:
36       (i) The names, addresses, and taxpayer identification numbers of
37   the parties to the transfer;
38       (ii) The amount of the credit being transferred;


                                     p. 5                       2ESHB 1371
 1       (iii) The year the credit was originally earned by the
 2   transferring taxpayer;
 3       (iv) The tax year or years for which the credit may be claimed;
 4   and
 5       (v) Any other information or documents the department may
 6   require.
 7       (c) No credit or portion thereof may be transferred more than
 8   once.
 9       (d) No credit transfer applications under (b) of this subsection
10   (3) may be submitted for qualifying materials donated after December
11   31, 2036.
12       (4) The department must administer the credit.
13       (5) The credit claimed may not exceed the tax that would
14   otherwise be due under this chapter. Refunds may not be granted in
15   the place of credits. Any amount of credit earned under this section
16   not claimed by the person in one calendar year may be carried forward
17   for no more than five calendar years immediately following the year
18   that the credit was earned.
19       (6) For purposes of this section, the following definitions
20   apply:
21       (a) "Class I railroad" means a railroad that is classified by the
22   United States surface transportation board as a class I railroad, as
23   defined in 49 C.F.R. Sec. 1201.1-1(a), as in effect on January 1,
24   2024.
25       (b) "Eligible taxpayer" means:
26       (i) Any railroad subject to the tax under this chapter that is
27   classified by the United States surface transportation board as a
28   class II or class III railroad, as defined in 49 C.F.R. Sec.
29   1201.1-1(a), as in effect on January 1, 2024;
30       (ii) Any railroad owned by a port, city, or county in the state
31   of Washington; or
32       (iii) Any owner or lessee of rail siding, industrial spur, or
33   industry track, if the rail siding, industrial spur, or industry
34   track is located on or adjacent to a class II or class III railroad
35   in the state of Washington.
36       (c) "Industrial spur" means a secondary track used by railroads
37   and customers at a location to load and unload railcars without
38   interfering with other railroad operations.



                                     p. 6                       2ESHB 1371
 1       (d) "Siding" means a short section of track, distinct from a
 2   mainline, branch line, or spur, connected by switches to a main track
 3   and used for storage, passing, or other purposes.
 4       (7) Credit under this section may not be earned for donations to
 5   short line railroads owned by a class I railroad or any of its
 6   subsidiaries.
 7       (8) No person may claim a credit against taxes due under both
 8   this chapter and chapter 82.16 RCW for the same donated materials.
 9       (9) To claim a credit under this chapter, a person must
10   electronically file with the department all returns, forms, and other
11   information the department requires in an electronic format as
12   provided and approved by the department. Any return, form, or
13   information required to be filed in an electronic format under this
14   section is not filed until received by the department in an
15   electronic format. For purposes of this subsection, "returns" has the
16   same meaning as "return" in RCW 82.32.050.
17       (10) The ability to earn credits under this section expires
18   January 1, 2037. No credit may be claimed on tax returns filed for
19   reporting periods beginning on or after January 1, 2042.


20       NEW SECTION.   Sec. 4.   A new section is added to chapter 82.08
21   RCW to read as follows:
22       (1) The tax levied by RCW 82.08.020 does not apply to sales of
23   materials required for track maintenance to:
24       (a) Owners and operators of class II or class III railroads;
25       (b) Any railroad or freight rail facility owned by a port, city,
26   or county in the state of Washington; or
27       (c) Any owner or lessee of a rail siding, industrial spur, or
28   industry track, if the rail siding, industrial spur, or industry
29   track is located on or adjacent to a class II or class III railroad
30   in the state of Washington.
31       (2) Sellers making tax-exempt sales under this section must
32   obtain an exemption certificate from the buyer in a form and manner
33   prescribed by the department. The seller must retain a copy of the
34   exemption certificate for the seller's files. Instead of an exemption
35   certificate, a seller may capture the relevant data elements as
36   allowed under the streamlined sales and use tax agreement.
37       (3) For the purposes of this section, the following definitions
38   apply:


                                     p. 7                       2ESHB 1371
 1       (a) "Class I railroad" means a railroad that is classified by the
 2   United States surface transportation board as a class I railroad, as
 3   defined in 49 C.F.R. Sec. 1201.1-1(a), as in effect on January 1,
 4   2024.
 5       (b) "Class II or class III railroad" means railroads that are
 6   classified by the United States surface transportation board as a
 7   class II or class III railroad, as defined in 49 C.F.R. Sec.
 8   1201.1-1(a), as in effect on January 1, 2024.
 9       (c) "Freight rail facilities" means the infrastructure used to
10   transport freight by rail, specifically to rail yards, terminals,
11   sidings, and marshalling yards that play an important role in the
12   transportation and distribution and shipping of goods over long
13   distances.
14       (d) "Industrial spur" means a secondary track used by railroads
15   and customers at a location to load and unload railcars without
16   interfering with other railroad operations.
17       (e) "Materials required for track maintenance" means the
18   following items when used for purposes of track maintenance: Rail,
19   ties, tie plates, joint bars, fasteners, switches, ballast, subgrade,
20   roadbed, bridges, industrial leads, sidings, signs, safety barriers,
21   crossing signals and gates, and track.
22       (f) "Siding" means a short section of track, distinct from a
23   mainline, branch line, or spur, connected by switches to a main track
24   and used for storage, passing, or other purposes.
25       (4) This section does not apply to class I railroads or short
26   line railroads owned by a class I railroad or any of its
27   subsidiaries.
28       (5) This section expires January 1, 2036.

29       NEW SECTION.   Sec. 5.   A new section is added to chapter 82.12
30   RCW to read as follows:
31       (1) The provisions of this chapter do not apply to the use of
32   materials required for track maintenance by:
33       (a) Owners and operators of class II or class III railroads;
34       (b) Any railroad or freight rail facility owned by a port, city,
35   or county in the state of Washington; or
36       (c) Any owner or lessee of a rail siding, industrial spur, or
37   industry track, if the rail siding, industrial spur, or industry
38   track is located on or adjacent to a class II or class III railroad
39   in the state of Washington.
                                     p. 8                       2ESHB 1371
 1       (2) For purposes of this section, the following definitions
 2   apply:
 3       (a) "Class I railroad" means a railroad that is classified by the
 4   United States surface transportation board as a class I railroad, as
 5   defined in 49 C.F.R. Sec. 1201.1-1(a), as in effect on January 1,
 6   2024.
 7       (b) "Class II or class III railroad" means railroads that are
 8   classified by the United States surface transportation board as a
 9   class II or class III railroad, as defined in 49 C.F.R. Sec.
10   1201.1-1(a), as in effect on January 1, 2024.
11       (c) "Freight rail facilities" means the infrastructure used to
12   transport freight by rail, specifically to rail yards, terminals,
13   sidings, and marshalling yards that play an important role in the
14   transportation and distribution and shipping of goods over long
15   distances.
16       (d) "Industrial spur" means a secondary track used by railroads
17   and customers at a location to load and unload railcars without
18   interfering with other railroad operations.
19       (e) "Materials required for track maintenance" has the same
20   meaning as in section 4 of this act.
21       (f) "Siding" means a short section of track, distinct from a
22   mainline, branch line, or spur, connected by switches to a main track
23   and used for storage, passing, or other purposes.
24       (3) This section does not apply to class I railroads or short
25   line railroads owned by a class I railroad or any of its
26   subsidiaries.
27       (4) This section expires January 1, 2036.

28       NEW SECTION.   Sec. 6.   A new section is added to chapter 82.16
29   RCW to read as follows:
30       (1) A credit is allowed against taxes due under this chapter for
31   expenditures made by an eligible taxpayer pursuant to subsection (2)
32   of this section. The credit is subject to a maximum annual credit
33   amount set forth in subsection (3) of this section.
34       (2) Qualified expenditures incurred by an eligible taxpayer may
35   be used to generate a credit for the following amounts:
36       (a) For qualified short line railroad maintenance expenditures, a
37   credit is allowed against the taxes due under this chapter in an
38   amount equal to 50 percent of the qualified short line railroad
39   maintenance expenditures. The amount of the credit earned in a
                                     p. 9                       2ESHB 1371
 1   calendar year may not exceed an amount equal to $3,500 multiplied by
 2   the number of miles of railroad track owned or leased in the state by
 3   the eligible taxpayer as of the close of the calendar year.
 4       (b) For qualified new rail development expenditures, a credit is
 5   allowed against the taxes due under this chapter in an amount equal
 6   to 50 percent of the new rail development expenditures of an eligible
 7   taxpayer.
 8       (c) For qualified railroad modernization and rehabilitation
 9   expenditures, a credit is allowed against the taxes due under this
10   chapter in an amount equal to 50 percent of the qualified railroad
11   modernization   and  rehabilitation   expenditures   by  an  eligible
12   taxpayer.
13       (3) The total credit amount approved under subsection (2) of this
14   section and section 2(2) of this act may not exceed $1,000,000 for
15   each eligible taxpayer in a calendar year. Credits are available on a
16   first-in-time basis. The department must disallow any credits, or
17   portions thereof, that would cause the total amount of credits
18   approved under subsection (2) of this section and section 2(2) of
19   this act to exceed $15,000,000 during any calendar year.
20       (4) The credit claimed may not exceed the tax that would
21   otherwise be due under this chapter. Refunds may not be granted in
22   the place of credits. Any amount of credit earned under this section
23   not claimed by the taxpayer in one calendar year may be carried
24   forward for no more than five calendar years immediately following
25   the year that the credit was earned.
26       (5)(a) An eligible taxpayer may transfer all or a portion of the
27   credit approved under this section to any taxpayer subject to the tax
28   imposed under this chapter at any time during the calendar year in
29   which the credit is approved by the department and five calendar
30   years following the year that the credit is approved.
31       (b) To transfer all or any portion of an approved credit, the
32   taxpayer originally allowed the credit and the subsequent transferee
33   must jointly file a credit transfer application with the department.
34   The application must include:
35       (i) The names, addresses, and taxpayer identification numbers of
36   the parties to the transfer;
37       (ii) The amount of the credit being transferred;
38       (iii) The year the credit was originally approved by the
39   department for use by the transferring taxpayer;


                                     p. 10                      2ESHB 1371
 1         (iv) The tax year or years for which the credit may be claimed;
 2   and
 3       (v) Any other information or documents the department may
 4   require.
 5       (c) No credit or portion thereof may be transferred more than
 6   once.
 7       (6) The department must administer the credit. To claim or
 8   transfer a credit under this section, the taxpayer applying must
 9   complete an application for credit based on qualified expenditures
10   incurred by the eligible taxpayer the previous calendar year. The
11   department must rule on applications within 60 days of receipt. The
12   department may extend the time of processing any application upon
13   notice to the taxpayer and by providing the taxpayer an explanation
14   on why the application processing cannot be completed on time.
15       (7) For the purposes of this section, the following definitions
16   apply:
17       (a) "Class I railroad" means a railroad that is classified by the
18   United States surface transportation board as a class I railroad, as
19   defined in 49 C.F.R. Sec. 1201.1-1(a), as in effect on January 1,
20   2024.
21       (b) "Eligible taxpayer" means:
22       (i) Any railroad subject to the tax under this chapter that is
23   classified by the United States surface transportation board as a
24   class II or class III railroad, as defined in 49 C.F.R. Sec.
25   1201.1-1(a), as in effect on January 1, 2024;
26       (ii) Any railroad owned by a port, city, or county in the state
27   of Washington; or
28       (iii) Any owner or lessee of rail siding, industrial spur, or
29   industry track, if the rail siding, industrial spur, or industry
30   track is located on or adjacent to a class II or class III railroad
31   in the state of Washington.
32       (c) "Industrial spur" means a secondary track used by railroads
33   and customers at a location to load and unload railcars without
34   interfering with other railroad operations.
35       (d)   "Qualified   new  rail   development   expenditures"  means
36   expenditures for new rail development by an eligible taxpayer, which
37   includes the construction of new track, industrial leads, switches,
38   industrial spurs, sidings, rail loading docks, and transloading
39   structures involved with providing rail services to new customer


                                      p. 11                     2ESHB 1371
 1   locations or existing customer expansions in the state by an eligible
 2   taxpayer.
 3       (e)   "Qualified   railroad   modernization   and   rehabilitation
 4   expenditures" means expenditures by an eligible taxpayer to upgrade
 5   less than 90 pound rail and switches, 286,000 pound capacity rail
 6   upgrades to the mainline track, rail and tie replacement projects,
 7   track   capacity  enhancements,   bridge   rehabilitation  or   bridge
 8   replacement projects, natural disaster projects, or other track-
 9   related projects determined to enhance or modernize the existing
10   track infrastructure in the state by an eligible taxpayer.
11       (f) "Qualified short line railroad maintenance expenditures"
12   means expenditures for railroad infrastructure maintenance including,
13   but not limited to, rail, ties, tie plates, joint bars, fasteners,
14   switches, ballast, subgrade, roadbed, bridges, industrial leads,
15   sidings, signs, safety barriers, crossing signals and gates, and
16   related track structures owned or leased by a class II or class III
17   railroad.
18       (g) "Siding" means a short section of track, distinct from a
19   mainline, branch line, or spur, connected by switches to a main track
20   and used for storage, passing, or other purposes.
21       (8) Qualified expenditures, as defined in subsection (7)(d), (e),
22   and (f) of this section, do not include expenditures used to generate
23   a federal tax credit or expenditures funded by a state or federal
24   grant.
25       (9) This section does not apply to class I railroads or short
26   line railroads owned by a class I railroad or any of its
27   subsidiaries.
28       (10) No person may claim a credit against taxes due under both
29   this chapter and chapter 82.04 RCW for the same qualified
30   expenditures.
31       (11) To claim a credit under this chapter, a taxpayer must
32   electronically file with the department all returns, forms, and other
33   information the department requires in an electronic format as
34   provided and approved by the department. Any return, form, or
35   information required to be filed in an electronic format under this
36   section is not filed until received by the department in an
37   electronic format. For purposes of this subsection, "returns" has the
38   same meaning as "return" in RCW 82.32.050.
39       (12) The ability to earn credits for qualifying expenditures
40   under this section expires January 1, 2036. No credit may be claimed
                                     p. 12                      2ESHB 1371
 1   on tax returns filed for reporting periods beginning on or after
 2   January 1, 2042.


 3       NEW SECTION.   Sec. 7.   A new section is added to chapter 82.16
 4   RCW to read as follows:
 5       (1) Any company that recycles railroad material is eligible for a
 6   credit as provided in this section if, on or after the effective date
 7   of this section, the company transfers to an eligible taxpayer rail,
 8   ties, tie plates, joint bars, fasteners, switches, ballast, or other
 9   equipment or materials that are part of the rail infrastructure to be
10   installed on tracks used by class II and class III railroads.
11       (2) The credit is equal to the fair market value of the donated
12   materials used for track maintenance, expansion, or modernization.
13   Materials   must  be   given  to   a   qualifying  recipient  without
14   consideration to receive a credit. The department must provide in
15   rule a standard for determining the fair market value of donated
16   materials under this section.
17       (3)(a) A company that recycles railroad material may transfer all
18   or a portion of the credit earned under this section to any taxpayer
19   subject to the tax imposed under this chapter at any time during the
20   year in which the credit is earned and five years following the year
21   that the credit is earned.
22       (b) To transfer all or any portion of a credit earned, the
23   taxpayer originally allowed the credit and the subsequent transferee
24   must jointly file a credit transfer application with the department.
25   The application must include:
26       (i) The names, addresses, and taxpayer identification numbers of
27   the parties to the transfer;
28       (ii) The amount of the credit being transferred;
29       (iii) The year the credit was originally earned by the
30   transferring taxpayer;
31       (iv) The tax year or years for which the credit may be claimed;
32   and
33       (v) Any other information or documents the department may
34   require.
35       (c) No credit or portion thereof may be transferred more than
36   once.
37       (d) No credit transfer applications under (b) of this subsection
38   (3) may be submitted for qualifying materials donated after December
39   31, 2036.
                                     p. 13                      2ESHB 1371
 1       (4) The department must administer the credit.
 2       (5) The credit claimed may not exceed the tax that would
 3   otherwise be due under this chapter. Refunds may not be granted in
 4   the place of credits. Any amount of credit earned under this section
 5   not claimed by the person in one calendar year may be carried forward
 6   for no more than five calendar years immediately following the year
 7   that the credit was earned.
 8       (6) For purposes of this section, the following definitions
 9   apply:
10       (a) "Class I railroad" means a railroad that is classified by the
11   United States surface transportation board as a class I railroad, as
12   defined in 49 C.F.R. Sec. 1201.1-1(a), as in effect on January 1,
13   2024.
14       (b) "Eligible taxpayer" means:
15       (i) Any railroad subject to the tax under this chapter that is
16   classified by the United States surface transportation board as a
17   class II or class III railroad, as defined in 49 C.F.R. Sec.
18   1201.1-1(a), as in effect on January 1, 2024;
19       (ii) Any railroad owned by a port, city, or county in the state
20   of Washington; or
21       (iii) Any owner or lessee of rail siding, industrial spur, or
22   industry track, if the rail siding, industrial spur, or industry
23   track is located on or adjacent to a class II or class III railroad
24   in the state of Washington.
25       (c) "Industrial spur" means a secondary track used by railroads
26   and customers at a location to load and unload railcars without
27   interfering with other railroad operations.
28       (d) "Siding" means a short section of track, distinct from a
29   mainline, branch line, or spur, connected by switches to a main track
30   and used for storage, passing, or other purposes.
31       (7) Credit under this section may not be earned for donations to
32   short line railroads owned by a class I railroad or any of its
33   subsidiaries.
34       (8) No person may claim a credit against taxes due under both
35   this chapter and chapter 82.04 RCW for the same donated materials.
36       (9) To claim a credit under this chapter, a person must
37   electronically file with the department all returns, forms, and other
38   information the department requires in an electronic format as
39   provided and approved by the department. Any return, form, or
40   information required to be filed in an electronic format under this
                                     p. 14                      2ESHB 1371
1    section is not filed until received by the department in an
2    electronic format. For purposes of this subsection, "returns" has the
3    same meaning as "return" in RCW 82.32.050.
4        (10) The ability to earn credits under this section expires
5    January 1, 2037. No credit may be claimed on tax returns filed for
6    reporting periods beginning on or after January 1, 2042.

 7       NEW SECTION.   Sec. 8.   (1) This section is the tax preference
 8   performance  statement   for   the  tax   preferences  contained   in
 9   chapter . . ., Laws of 2024 (this act). This performance statement is
10   only intended to be used for subsequent evaluation of the tax
11   preferences. It is not intended to create a private right of action
12   by any party or be used to determine eligibility for preferential tax
13   treatment.
14       (2) The legislature categorizes the tax preferences in this act
15   as ones intended to accomplish a general purpose, as indicated in RCW
16   82.32.808(2)(f).
17       (3) It is the legislature's specific public policy objective to
18   promote   economic  development   and   reduce  impacts   of   freight
19   transportation on roads and the environment.
20       (4) In conducting its review under this section, the joint
21   legislative audit and review committee should consider, among other
22   measures:
23       (a) The total miles capable of transporting 286,000 pound
24   railcars;
25       (b) The number of miles of track rehabilitated to 90 pound rail
26   or greater;
27       (c) The number of ties replaced;
28       (d) The amount of ballast replaced;
29       (e) The number of bridges returned from out of service or able to
30   operate heavier loaded equipment;
31       (f) The number of switches installed;
32       (g) Any related safety benefits of addressing at-grade crossings;
33       (h) The number of rail cars from increased economic activity;
34       (i) Any improvement in federal railroad administration track
35   classification designation up to and including class II track and the
36   ability to operate at greater speeds;
37       (j) The amount of steel or ties made obsolete pursuant to section
38   2 of this act that are reused by a class II or class III railroad, as
39   defined in section 5 of this act, within Washington;
                                     p. 15                      2ESHB 1371
 1       (k) The number of prevailing wage jobs associated with new rail
 2   development, modernization, and rehabilitation projects by taxpayers
 3   using the tax preferences under this act; and
 4       (l) The number of additional rail cars utilizing class I
 5   railroads as a result of new development, modernization, and
 6   rehabilitation projects by taxpayers using the tax preferences under
 7   this act.
 8       (5) In order to obtain the data necessary to perform the review
 9   in subsection (4) of this section, the joint legislative audit and
10   review committee may refer to any data collected by the state.


11       NEW SECTION.   Sec. 9. If specific funding for the purposes of
12   this act, referencing this act by bill or chapter number, is not
13   provided by June 30, 2024, in the omnibus appropriations act, this
14   act is null and void.


15       NEW SECTION.   Sec. 10.    Sections 4, 5, and 8 of this act take
16   effect August 1, 2024.


17       NEW SECTION.   Sec. 11.   Sections 3 and 7 of this act take effect
18   July 1, 2025.


19       NEW SECTION.   Sec. 12.   Sections 2 and 6 of this act take effect
20   January 1, 2025.

                                   --- END ---




                                      p. 16                      2ESHB 1371


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