Chapters 173-441 and 173-446 WAC – Electricity Markets

On December 3, 2024, we adopted amendments to two rules:

The purpose of these updates is to help determine which entities will be responsible for emissions associated with electricity imported from centralized electricity markets. This rule does not modify eligibility criteria for inclusion under the Cap-and-Invest Program. The rule establishes a framework that accounts for specified electricity imported through centralized electricity markets. The resulting compliance obligation is assigned in the Climate Commitment Act Program Rule (Chapter 173-446 WAC), with the processes and procedures for identifying resources contained within the Reporting of Emissions of Greenhouse Gases Rule (Chapter 173-441 WAC). Supporting changes to the Reporting Rule will also ensure that appropriate data are available.

The adopted rule applies to existing and future centralized electricity markets including the Energy Imbalance Market, the Extended Day Ahead Market, and Markets+. The rule also addresses other issues related to the reporting of greenhouse gas emissions for entities importing electricity to Washington.

 

Rulemaking timeline

Timeline

Announcement phase (CR-101)

Filing date:
June 26, 2023


Announcement documents

Rule development phase

June 26, 2023 – Winter 2024

Public input & involvement

Fourth public comment period (informal)
Jan. 23, 2024 – Feb. 15, 2024

Comment on updated draft rule language.
Read comments

Third public comment period (informal)
Nov. 8, 2023 – Nov. 27, 2023

Comment on draft rule language and how the rule should address emissions leakage.
Read comments

Second public comment period (informal)
Oct. 5, 2023 – Oct. 30, 2023 (originally Oct. 20, 2023)

Comment on the draft rule language for this rulemaking.
Read comments

First public comment period (informal)
July 25, 2023 – Aug. 25, 2023 (originally Aug. 16, 2023)

Comment on what the requirements for centralized electricity markets should be
Read comments

Ecology's meetings with stakeholders

Date Documents Location
Tuesday
July 25, 2023
10 a.m. – noon
Presentation

webinar recording 1

Wednesday
Aug. 2, 2023
9 a.m. – 10:30 a.m.
Presentation webinar recording 1
Thursday
Aug. 17, 2023
9 a.m. – 10:30 a.m.
Agenda
Presentation
webinar recording 1
Tuesday
Sept. 12, 2023
2 p.m. – 3 p.m.
Agenda
Presentation by California Independent
System Operator (CAISO)
webinar recording 1
Thursday
Sept. 28, 2023
10 a.m. – 11 a.m.
 

Agenda
Presentation by Southwest Power Pool
(SPP)

webinar recording 1
Thursday
Oct. 12, 2023
3 p.m. – 5 p.m.

Agenda
Presentation
Draft rule language (173-441)
Draft rule language (173-446)

webinar recording 1
Monday
Oct.16, 2023
3 p.m. – 5 p.m.
Agenda
Presentation
Draft rule language (173-441)
Draft rule language (173-446)
webinar recording 1
Wednesday
Nov. 8, 2023
9 a.m. – 11 a.m.
Agenda
Presentation
webinar recording 1
Wednesday
Jan. 24, 2024
1 p.m. – 3 p.m.
Agenda
Presentation
Draft rule language (173-441) (tracked changes)
Draft rule language (173-441) (clean)
Draft rule language (173-446) (tracked changes)
Draft rule language (173-446) (clean)
webinar recording 1


1 Webinar information:
   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.

Rule proposal phase (CR-102)

Filing date:
June 27, 2024

Rule proposal documents:

Comment period

Comments were due by Aug. 20, 2024.

Ecology will review all comments received & plans for adoption Dec. 2024. See above for documents related to the Proposal Phase of the rulemaking.

We accepted comments in the following ways:

  • Read comments
  • Mail to:
    For standard US Mail-
    Department of Ecology
    Climate Pollution Reduction Program
    Gopika Patwa
    PO BOX 47600
    Olympia, WA 98504-7600

    For Parcel Service-
    Department of Ecology
    Climate Pollution Reduction Program
    Gopika Patwa
    300 Desmond Dr SE
    Lacey, WA 98503 
  • Attend a public hearing - see below 

The hearings included a short presentation and question and answer session, followed by the opportunity to provide testimony. 

Date/Time: Aug. 6 webinar recording
                Aug. 8 webinar recording

Location: online (webinar)
Register for the 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 July 31, 2024. Or call 360-407-6831, 711 (relay service), or 877-833-6341 (TTY).
 

Rule adoption phase (CR-103)

Adoption date:
Dec. 3, 2024


Rule effective date:
Jan. 3, 2025


Rule adoption documents:

•    Adoption notice-CR-103 form
•    Adopted rule language (173-441 WAC)
•    Adoption rule language (173-446 WAC)
•    Final Regulatory Analyses
•    Concise Explanatory Statement
•    Rule Implementation Plan
•    SEPA Determination of Nonsignificance (DNS) and Environmental Checklist
 

Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean)

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.