82.32.570 - Smelter tax incentives -- Goals -- Annual report.

Smelter tax incentives — Goals — Annual report.

(1) For the purposes of this section, "smelter tax incentive" means the preferential tax rate under RCW 82.04.2909, or an exemption or credit under RCW 82.04.4481, 82.08.805, 82.12.805, or 82.12.022(5).

     (2) The legislature finds that accountability and effectiveness are important aspects of setting tax policy. In order to make policy choices regarding the best use of limited state resources the legislature needs information to evaluate whether the stated goals of legislation were achieved.

     (3) The goals of the smelter tax incentives are to retain family-wage jobs in rural areas by:

     (a) Enabling the aluminum industry to maintain production of aluminum at a level that will preserve at least 75 percent of the jobs that were on the payroll effective January 1, 2004, as adjusted for employment reductions publicly announced before November 30, 2003; and

     (b) Allowing the aluminum industry to continue producing aluminum in this state through 2017 so that the industry will be positioned to preserve and create new jobs when the anticipated reduction of energy costs occurs.

     (4)(a) An aluminum smelter receiving the benefit of a smelter tax incentive shall make an annual report to the department detailing employment, wages, and employer-provided health and retirement benefits per job at the manufacturing site. The report is due by March 31st following any year in which a tax incentive is claimed or used. The report shall not include names of employees. The report shall detail employment by the total number of full-time, part-time, and temporary positions. The report shall indicate the quantity of aluminum smelted at the plant during the time period covered by the report. The first report filed under this subsection shall include employment, wage, and benefit information for the twelve-month period immediately before first use of a tax incentive. Employment reports shall include data for actual levels of employment and identification of the number of jobs affected by any employment reductions that have been publicly announced at the time of the report. Information in a report under this section is not subject to the confidentiality provisions of RCW 82.32.330 and may be disclosed to the public upon request.

     (b) If a person fails to submit an annual report under (a) of this subsection by the due date of the report, the department shall declare the amount of taxes exempted or credited, or reduced in the case of the preferential business and occupation tax rate, for that year to be immediately due and payable. Excise taxes payable under this subsection are subject to interest but not penalties, as provided under this chapter. This information is not subject to the confidentiality provisions of RCW 82.32.330 and may be disclosed to the public upon request.

     Pursuant to chapter 43.136 RCW, the citizen commission for performance measurement of tax preferences must schedule the tax preferences under RCW 82.04.4482, 82.16.0498, 82.04.2909, 82.04.4481, 82.08.805, 82.12.805, 82.12.022, and *82.32.570 for a tax preference review by the joint legislative audit and review committee in 2015. The review must include an analysis of the marginal number of jobs retained as a result of the tax preferences with an explanation of how the tax preferences accomplished that result; the wages, hours, and benefits paid to each of the retained jobs; and a demographic analysis of the workers in the retained jobs that must include an analysis of those workers relative to the surrounding communities.

[2010 1st sp.s. c 2 § 6; 2006 c 182 § 6; 2004 c 24 § 14.]

Notes: Reviser's note: *(1) RCW 82.32.570 was repealed by 2010 c 114 § 152, effective June 10, 2010.

     (2) RCW 82.32.570 was amended by 2010 1st sp.s. c 2 § 6 without cognizance of its repeal by 2010 c 114 § 152. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.

Intent -- Effective date -- 2004 c 24: See notes following RCW 82.04.2909.

RCW 82.32.570

Smelter tax incentives — Goals — Annual report.

[2006 c 182 § 6; 2004 c 24 § 14.] Repealed by 2010 c 114 § 152.

Notes: Reviser's note: RCW 82.32.570 was amended by 2010 1st sp.s. c 2 § 6 without cognizance of its repeal by 2010 c 114 § 152. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.

Intent -- Effective date -- 2004 c 24: See notes following RCW 82.04.2909.