Chapters 173-441 and 173-446 WAC – Electricity Markets
Ecology proposes to update two rules:
- Chapter 173-441 WAC, Reporting of Emissions of Greenhouse Gases
- Chapter 173-446 WAC, Climate Commitment Act Program Rule
The purpose of these updates is to help determine which electricity importers from centralized electricity markets should be covered under the Cap-and-Invest Program. This rule does not modify eligibility criteria for inclusion under the Cap-and-Invest Program. The rule establishes a framework that identifies the resources supplying the relevant electricity into centralized electricity markets based on the market mechanisms that operators of these markets put in place. 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 proposal applies to existing and future centralized electricity markets including the Energy Imbalance Market (EIM), the Extended Day Ahead Market (EDAM), and the Markets+ initiative underway by the Southwest Power Pool. The proposal also addresses other issues related to the reporting of GHG emissions for entities importing electricity to Washington.
Specifically, this rulemaking proposes to provide:
- A framework for addressing imports of electricity from specified sources through centralized electricity markets.
- A process for identifying the electricity importer for imported electricity from centralized electricity markets.
- Methods for assigning greenhouse gas emissions to imports of electricity from centralized electricity markets.
- Equitable treatment across and between bilateral and centralized electricity markets.
- Non-substantive administrative and process-related changes for clarity and to harmonize the rule with recent statutory changes.
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
June 26, 2023
Announcement documents
Rule development phase
June 26, 2023 – Winter 2024Public 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
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)
June 27, 2024
- Proposal Notice- CR-102 form
- Proposed rule language (173-441 WAC)
- Proposed rule language (173-446 WAC)
- Preliminary Regulatory Analysis
- SEPA- Determination of Non-significance
Comment period
Comments open June 27, 2024, 12:00 a.m. – Aug. 20, 2024, 11:59 p.m.
Ecology will review all comments received & plans for adoption Dec. 2024. See above for documents related to the Proposal Phase of the rulemaking.
You can submit comments through one of the following ways:
- Submit comments online
- 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 will begin with a short presentation and question and answer session, followed by the opportunity to provide testimony. Any information (e.g., personal or contact) you provide may be publicly disclosed and posted on the Internet.
Date/Time: August 6, 2024, 1:00 p.m. online (webinar) Register for the webinar
August 8, 2024, 9:00 a.m. online (webinar) Register for the webinar
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).
Related links
Contact information
Gopika Patwa
Rulemaking Lead
gopika.patwa@ecy.wa.gov
360-338-2419
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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.