Chapter 173-446 WAC – Climate Commitment Act Program Rule
On September 29, 2022, Ecology adopted a new rule, Chapter 173-446 WAC, Climate Commitment Act Program Rule. The Climate Commitment Act requires Ecology to adopt rules to implement the cap-and-invest program to achieve Washington's goal of net zero greenhouse gas emissions by 2050.
This rulemaking establishes a structure to cap greenhouse gas emissions and implement an allowance trading market. This includes, but is not limited to:
- Program coverage, registration, and account requirements
- Methods and procedures for allocating allowances
- Allowance budgets for the first compliance period (2023–2026) and distribution of allowances
- Auction registration requirements
- Auction floor and ceiling prices, and Tier I and Tier II prices for allowance price containment reserve auctions
- Emissions containment reserve
- Procedures and protocols for offset projects
- Enforcement provisions
- Transfer and sale of allowances and recognition of compliance instruments
- Other elements to support the operation and function of the cap-and-invest program
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
Aug. 4, 2021
Announcement documents
Rule development phase
August 4, 2021 – May 15, 2022Public input & involvement
Public comment period (informal) – EXTENDED
November 8, 2021 – January 26, 2022 (originally January 18, 2022)
Ecology's meetings with stakeholders
| Date | Documents | Location |
|---|---|---|
| Monday November 8, 2021 10 a.m. – noon |
Agenda Presentation Draft rule language |
webinar1 |
|
Thursday |
Allowance budgets and distribution: Agenda Presentation Draft rule language |
webinar1 |
|
Thursday |
Offsets: Agenda Presentation Draft rule language |
webinar1 |
| Tuesday January 11, 2022 1 p.m. – 5:30 p.m. |
Agenda Presentation Draft implementation dates Draft rule language |
webinar1 |
1 Webinar information:
Register for each webinar to get your meeting ID, passcode, and call-in phone number.
Rule proposal phase (CR-102)
May 16, 2022
- Proposal notice – CR-102 form
- Proposed rule language
- Table of contents for proposed rule language
Preliminary Regulatory Analyses(revised; see continuance documents)- SEPA Determination of Nonsignificance (DNS) and Environmental Checklist
Related documents:
- Proposed dates for implementation
- Independent economic and market modeling and analysis (released July 1, 2022)
Continuance filing (CR-102)
Filing date:
June 3, 2022
Continuance documents:
Ecology combined two separate notifications in the continuance: Extension of the public comment period and availability of a Revised Preliminary Regulatory Analyses.
- Continuance of proposal notice – CR-102 form
- Public comment period EXTENDED
- Revised Preliminary Regulatory Analyses
- SEPA Determination of Nonsignificance (DNS) and Environmental Checklist (extended public comment period)
Comment period
Comments were due by July 15, 2022 (originally June 30, 2022). We accepted comments in the following ways:
- Attend a public hearing online (detailed information below):
June 21, 2022 at 10 a.m.
June 22, 2022 at 6 p.m.
June 27, 2022 at 1 p.m.
June 28, 2022 at 10 a.m.
- Mail to: Joshua Grice
Department of Ecology
Air Quality Program
P.O. Box 47600
Olympia, WA 98504-7600
Public hearings
Date/Time: June 21, 2022 at 10 a.m. online webinar
June 22, 2022 at 6 p.m online webinar
June 27, 2022 at 1 p.m. online webinar
June 28, 2022 at 10 a.m. online webinar
Location: online (webinar)
Register for each webinar to get your meeting ID and passcode.
To hear the webinar better or to call in only, use your phone (instead of the computer) to call 253-215-8782.
Agenda: Presentation, question-and-answer session, followed by public hearing
Accessibility: To request ADA accommodation for the public hearing, email Ecology’s ADA coordinator by June 16, 2022. Or call (360) 407-6831, 711 (relay service), or 877-833-6341 (TTY).
Rule adoption phase (CR-103)
Sept. 29, 2022
Oct. 30, 2022
Related links
Contact information
Joshua Grice
Rulemaking Lead
ecyreclimaterules@ecy.wa.gov
360-280-6566
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Accessibility
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.