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2026 tax preference review: Biogas Equipment Used in Landfills

July 2026

Aline Meysonnat, research analyst
Pete van Moorsel, tax review coordinator; Eric Thomas, legislative auditor
Contact information

Key points

  • As organic waste decays in landfills, it creates biogas, which contains methane. Landfills are required to collect and control biogas.
  • Landfills do not pay sales and use tax for equipment used to process biogas into renewable natural gas or electricity.
  • The Legislature intended the preference to increase the production of renewable natural gas in Washington.
  • Two of the five landfills that process biogas started this work after the preference took effect, meeting the Legislature's goal.   
  • Current reporting requirements produce limited data about use and savings. This likely understates preference use.
  • Joint Legislative Audit and Review Committee (JLARC) staff estimate that beneficiaries could save $428,000 per year in tax related to maintenance and repair.

Legislative auditor’s recommendations

State law requires the legislative auditor to recommend legislative action for each tax preference.

The legislative auditor makes two recommendations.

Recommendation #1

The Legislature should continue the preference beyond its January 2029 expiration because it meets the Legislature's goal.

Two landfills started processing biogas after the preference passed. Today, five landfills perform such work.  

Legislation required:
Yes: legislation is needed to continue the preference past its expiration date.
Fiscal impact:

If this preference were continued without change, beneficiaries would have future tax savings like those shown in the savings summary graph. This would reduce state revenues by a corresponding amount.

Implementation date:

On or before the preference's expiration date of January 1, 2029.

Agency response:

Responses from the Office of Financial Management (OFM) and the Department of Revenue (DOR) will be included with the proposed final report

Agency name:
Legislature
Status:
Not yet reported

Recommendation #2

The Legislature should modify the preference to require beneficiaries to provide more detailed reporting about the use of the preference and production of renewable natural gas.

Beneficiaries could report the amount of tax savings per year and the amount of landfill biogas processed in an annual tax performance report.

This would facilitate future reviews of the tax preference.

Legislation required:
Yes: legislation is needed to require more detailed reporting.
Fiscal impact:

None

Implementation date:

At the discretion of the Legislature.

Agency response:

Responses from the Office of Financial Management (OFM) and the Department of Revenue (DOR) will be included with the proposed final report.

Agency name:
Legislature
Status:
Not yet reported

Video summary

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Read the full report

Biogas Equipment Used in Landfills (HTML)

Read an overview

Printable overview (PDF)

All 2026 tax reviews (HTML)

Read the agency response

To be included in proposed final report

Legislative mandate

EHB 1069 (2006)

Ten-year review schedule

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