FAQ: Agriculture Support Program

Below are answers to some frequently asked questions about the Agriculture Support Program (ASP).

Printable versions of this information are also available to download in multiple languages.

Frequently asked questions

General questions

1. What is the purpose of the Agriculture Support Program (ASP)?

The ASP supports agricultural producers and transporters that paid a surcharge imposed by your fuel supplier or retailer related to the Cap-and-Invest Program for fuel purchases, but used the fuel for purposes exempt under RCW 70A.65.080(7)(e). Two types of fuel uses are exempt: 

1. Fuel used exclusively for agricultural purposes, by a farm fuel user.
2. Fuel used for the transportation of agricultural products on public highways.

2. Where is the money coming from?

The 2023-2024 WA State Legislative Session passed the 2024 supplemental budget, ESSB 5950. This budget allocates funds from the Climate Commitment Act to the Department of Licensing (DOL). DOL’s job is to manage and distribute these funds through the ASP. 

3. What time period is covered by ASP?

The legislature approved payment tiers based on annual fuel use. The ASP covers fuel purchased between January 1 and December 31, 2023.

4. How long will this program remain available?

The program will remain available until funding runs out. There is $28,500,000 available to provide to the community through this program. 

Eligibility questions

5. Who is eligible?

Producers and transporters of agricultural products who paid a surcharge imposed by your fuel supplier or retailer related to the Cap-and-Invest Program on fuel used for exempt purposes under RCW 70A.65.080(7)(e).

6. Who is an eligible farm fuel user?

RCW 82.08.865(2)(e) defines “farm fuel user” to mean: (1) a farmer; or (2) person who provides horticultural services for farmers.

• Farmer means: Any person engaged in the business of growing, raising, and producing any agricultural product to be sold; and the growing, raising, or producing of honeybee products for sale or providing pollination services by an eligible apiarist.
• Horticultural Services Means: A person providing services to farmers such as: soil preparation services, crop cultivation services, and crop harvesting services.

“Farm” or “Farm Fuel User” does not include:

• Growing, raising, or producing for a person’s own consumption]
• A person who operates a stockyard, slaughterhouse, or packing house that sells any animal or animal products obtained therefrom.
• Business of taking, cultivating, or raising timber
• Cannabis, useable cannabis, or cannabis-infused products

7. Who is an eligible transporter of agricultural products?

Person(s) or entities that take or carry agricultural products for commercial purposes on public highways.

8. What is an agricultural product?

Any product of plant or animal care, cultivation, and breeding, including, but not limited to:

• A product of horticulture
• Grain cultivation
• Vermiculture
• Viticulture
• Aquaculture as defined in RCW 15.85.020;
• Plantation Christmas trees
• Short-rotation hardwoods as defined in RCW 84.33.035
• Turf 
• Any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.85.020 
• A bird
• Insect
• The substances obtained from such an animal including honeybee products

"Agricultural product" does not include:

• Cannabis, useable cannabis, or cannabis-infused products
• Animals defined as pet animals under RCW 16.70.020
• Any “manufactured” products are not considered agricultural products. “To manufacture” is defined under RCW 82.04.120 and essentially describes any activity that produces “a new, different or useful substance or article of tangible personal property [...] for sale or commercial or industrial use.” Examples: baby carrots, liquid eggs, splitting peas, or cutting whole fish into fillets.

9. What type of fuels qualify?

Motor vehicle fuel (gasoline) and special fuel (diesel, propane, kerosene, etc.) used exclusively for agricultural purposes by a farm fuel user.

The following types of fuel are eligible for ASP payments:

• Gasoline
• Diesel
• Propane
• Natural gas
• Kerosene
• Biodiesel

Note:  If your fuel retailer or supplier did not impose a surcharge related to the Cap-and-Invest Program at the time you purchased your fuel, you will not be eligible for the ASP. If there was a surcharge imposed on only a portion of the fuel you purchased, you are still eligible to apply for those gallons of fuel that included the surcharge. Remove those gallons that did not include a surcharge from your total.

10. How do I calculate my gallons of eligible fuel?

Review your documentation for fuel purchased and used for agricultural production or transportation between January 1 and December 31, 2023. Add up the total number of gallons you used. You will report this number in your application. You will report if you purchased and used fuel for both agricultural production and transportation. You will report those totals for each category separately. You are permitted to round the gallons you report to the nearest hundred.

11. Am I eligible if my fuel supplier or retailer did not impose a surcharge related to the Cap-and-Invest Program for all or part of my fuel purchase?

If your fuel supplier or retailer did not impose a surcharge related to the Cap-and-Invest Program at the time you purchased your fuel, you will not be eligible for an Agricultural Support Payment.

If there was a surcharge imposed on only a portion of the fuel you purchased, you are still eligible to apply for those gallons of fuel that included the surcharge. Remove those gallons that did not include a surcharge from your total.

12. Do I qualify if I don’t live in Washington state but purchased fuel in Washington?

Yes. If you purchased fuel in Washington State to produce or transport agricultural products and meet all eligibility requirements, you may qualify for the ASP. You do not need to be a resident of Washington State to qualify.

13. What does it mean to self-attest?

It means you affirm that the information provided is true and correct. By signing and submitting the application, you affirm your identity, your documents, and the information you have provided are true.

Application questions

14. What format will the application be provided in?

You can apply through an online application portal, or complete and mail a paper application. Paper applications may take up to 10 – 14 days longer to process than applications submitted electronically through the portal due to mailing and manual handling.

15. What information will be required?

You will need to provide your individual and/or business details, including, but not limited to: 

• Name
• Mailing address
• Email address
• Phone number
• Business name
• UBI number
• Motor carrier number

You will need to provide the gallons of fuel used to produce or transport agricultural products for the 2023 calendar year. Additionally, you will provide the type of agricultural products you produce and/or transport.

16. What additional documentation will be required?

Agricultural Producers are required to provide one of the following documents: 

• Department of Ecology Fuel Exemption Certificate (Form ECY 070-721)
• Department of Revenue Farmer's Certificate for Wholesale Purchases and Sales Tax Exemption (Form 27 0036)

Agricultural Transporters are required to provide one of the following documents: 

• Department of Ecology Fuel Exemption Certificate (Form ECY 070-721)
• Bill of Lading showing transport of eligible agricultural products
• Agricultural Hauling Contract showing transport of eligible agricultural products

17. How will individuals’ identity be verified on electronic applications?

Identity will be verified in one of two ways:

1. Provide your SSN or your Individual Taxpayer Identification Number (ITIN) and answer five questions about yourself, OR
2. Take a photo of your ID card and take a selfie. A smartphone with working camera is required.

18. How will individuals’ identity be verified on paper applications?

You will have your application notarized by a licensed notary. The notary will validate your identification in person.

19. What do you do with my personal information?

DOL will use the information from your application to determine if you qualify for the ASP. Washington law (Chapter 42.56 RCW) requires state agencies to share their records with the public upon request. DOL will not disclose your Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or bank account information.

20. If I am primarily a producer but also transport some goods, how should I complete the application?

If you produce and transport agricultural products, you will be able to report your fuel use for both activities in the same application. We will add your reported fuel amounts to determine your payment level. Do not submit two separate applications.

21. Can individuals or entities apply multiple times for the same farm fuel user or ag transporter?

Only one application will receive a payment per entity. ASP will not pay multiple applications submitted for the same farm fuel user or ag transporter entity.

22. How can I see the status of my application?

DOL will notify you by email when we receive and approve your application. Please make sure you provide a valid email address on your application. We may reach out with more questions if needed when reviewing your application.

23. How will I know if I’m approved or denied?

We will notify you by email when we approve your application.

Payment questions

24. How much will I receive?

You’ll receive payments based on the gallons of fuel you report using to produce or transport agricultural products.

Payment Amount	Reported Fuel Usage
$600	Less than 1,000 gallons
$2,300	Greater than or equal to 1,000 gallons and less than 4,000 gallons
$3,400	Greater than or equal to 4,000 gallons and less than 10,000 gallons
$4,500	Greater than or equal to 10,000 gallons

25. How will I receive my funds?

You can receive the funds through direct deposit to a bank account or credit union account, or you can have us mail you a paper check. If you choose the paper check option, we will send it through the postal service to the mailing address you provide.

26. When will I receive my funds?

Once we approve your application, direct deposits will be made within three weeks. Paper checks may take 10 – 14 days longer to receive than direct deposits.

27. What happens if my bank information is incorrect?

If you have completed and submitted your application and your bank account information is incorrect, email AGSupport@submittable.com.

28. What do I do if I do not receive payment?

If you have received an email approving your application but haven’t received your payment within 30 days, email AGSupport@submittable.com.

Miscellaneous questions

29. Will application information and payment information be disclosed if requested under the Public Records Act?

Yes. Washington law (Chapter 42.56 RCW) requires state agencies to share their records with the public upon request.  DOL will not disclose your Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or bank account information.

30. Will I have to pay taxes on these funds?

You are responsible for consulting your own tax advisor to determine the tax impacts of this payment. You will not receive an IRS Form 1099-G from the DOL for this payment.

31. Who is Submittable?

Submittable is a form-building and funds distribution software company located in Missoula, Montana that the Washington Department of Licensing has partnered with to help distribute the payments for this program. US Bank is also assisting in the distribution of these payments.

32. Where do I go for additional questions? 

For additional questions or information, email AGSupport@submittable.com or visit https://dol.wa.gov/agriculture-support-program.

33. What happens if the Climate Commitment Act (CCA) status changes?

DOL is only authorized to make payments under the ASP while the CCA remains in force. Should the CCA be repealed, DOL will close the ASP.

34. If additional funding becomes available, does the original application remain active if I haven’t received payment? Or do I have to reapply?

DOL will assess any new funding opportunities from the Legislature to decide if existing applicants will still qualify. We will inform pending applicants of our decision before future versions of the ASP.

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The Agriculture Support Program is supported with funding from Washington’s Climate Commitment Act.

The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.