(1) The tax levied by RCW 82.08.020 does not apply to sales of vessel deconstruction performed at:

(a) A qualified vessel deconstruction facility; or

(b) An area over water that has been permitted under section 402 of the clean water act of 1972 (33 U.S.C. § 1342) for vessel deconstruction.

(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a)(i) “Vessel deconstruction” means permanently dismantling a vessel, including: Abatement and removal of hazardous materials; the removal of mechanical, hydraulic, or electronic components or other vessel machinery and equipment; and either the cutting apart or disposal, or both, of vessel infrastructure. For the purposes of this subsection, “hazardous materials” includes fuel, lead, asbestos, polychlorinated biphenyls, and oils.

(ii) “Vessel deconstruction” does not include vessel modification or repair.

(b) “Qualified vessel deconstruction facility” means structures, including floating structures, that are permitted under section 402 of the clean water act of 1972 (33 U.S.C. § 1342) for vessel deconstruction.

(3) Sellers making tax-exempt sales under this section must obtain from the purchaser an exemption certificate in a form and manner prescribed by the department. The seller must retain a copy of the certificate for the seller’s files. In lieu of an exemption certificate, a seller may capture the relevant data elements as allowed under the streamlined sales and use tax agreement.

Reviser’s note: Section 301, chapter 195, Laws of 2014 expires January 1, 2025, pursuant to the automatic expiration date established in RCW 82.32.805(1)(a).

Effective date—2014 c 195 §§ 301 and 302: “Sections 301 and 302 of this act take effect October 1, 2014.” [ 2014 c 195 § 304.]

Findings—Intent—2014 c 195: See notes following RCW 79.100.170 and 79.100.180.