Energy Tax Law Alert: Public Hearing Regarding Changes to Washington's Renewable Energy System Cost Recovery Program Scheduled May 11, 2010

The Washington Department of Revenue announced a public hearing regarding proposed amendments to its rule governing administration of the Renewable Energy System Cost Recovery program. Pursuant to this program, participating light and power companies may make incentive payments to customers who purchase and use renewable energy systems, and the light and power companies then receive offsetting tax credits against their Washington Public Utility Tax liabilities. The Washington Department of Revenue's summary of its proposed amendments to Washington Administrative Code Section 458-20-273 indicates that the rule will be updated to reflect recent changes to Washington law. These changes (1) increase the annual payments that light and power businesses can make to individual customers; (2) increase the total amount of incentive payments that participating light and power businesses can make to their customers; (3) change the formula used to determine payment amounts based on "economic development kilowatt-hours;" (4) extend the incentive program to include community solar projects; (5) create three categories of eligible community solar projects; (6) set limitations on total incentive payments for community solar projects; and (7) set capacity generating restrictions on systems in community solar projects. The hearing regarding these proposed regulatory changes will begin at 10:00 a.m. on Tuesday, May 11, 2010 in the Department of Revenue's Fourth Floor Executive Conference Room at the following address:
Capital Plaza Building
1025 Union Avenue SE
Olympia, WA 98501
Please contact the attorney listed below if you have questions about the underlying Washington legislation or other tax issues related to doing business in Washington: Carl Lewis at (206) 386-7688 or

IRS Circular 230 notice: Any tax advice contained herein was not intended or written to be used, and cannot be used, by you or any other person (i) in promoting, marketing or recommending any transaction, plan or arrangement or (ii) for the purpose of avoiding penalties that may be imposed under federal tax law.

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