Chapters 173-441 and 173-446 WAC – Cap-and-Invest Program Updates and Linkage
Ecology is proposing amendments to the Climate Commitment Act Program Rule (chapter 173-446 WAC) and the Reporting of Emissions of Greenhouse Gases Rule (chapter 173-441 WAC) to make improvements to the implementation of the Cap-and-Invest Program, facilitate the linkage of Washington’s carbon market with the California-Québec carbon market, and make other necessary updates including updates required to reflect amendments to the chapter 70A.65 RCW, Climate Commitment Act (CCA).
Proposed amendments:
- Allow for the option to link Washington’s carbon market with the California-Québec carbon market, creating a unified carbon market across the three jurisdictions. This rulemaking sets the stage for potential future action to link with California and Québec by aligning certain aspects of the Cap-and-Invest Program rules with those jurisdictions, including compliance period lengths, allowance price containment provisions, registration requirements, corporate association requirements, and auction processes. The rule includes provisions that would become effective upon linkage with another jurisdiction.
- Set the allowance budgets for future compliance periods (2027-2050) and adjust 2023 through 2026 budgets consistent with statutory direction, ensuring that emissions reductions align with Washington's 2030, 2040, and 2050 greenhouse gas emissions limits. This rule also facilitates the entry of additional sectors—waste to energy and railroads— to coverage under the Cap-and-Invest Program in future compliance periods, as required by statute.
- Address topics associated with imported electricity and centralized electricity markets, as well as amendments relevant to allowance allocation to electric utilities.
- Implements sections of recently enacted legislation, including Senate Bill 6058 (2024) to facilitate linkage; House Bill 1975 (2025), which modifies auction price containment mechanisms, allowance supply, and ceiling prices; House Bill 1912 (2025), which updates the exemption for fuels used for agricultural purposes; and House Bill 2416 (2026), which concerns the treatment of waste to energy facilities.
- Enhance clarity, strengthen enforcement, and ensure that the market remains effective. These amendments are based on implementation experience from the start of the Cap-and-Invest Program, in 2023, to date.
Overall, Ecology anticipates that these amendments will improve program implementation, facilitate potential future linkage, and ultimately strengthen market stability and confidence, as well as ensure that the rule aligns with changes to statute.
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
March 31, 2025
Announcement documents
- Announcement Notice – CR-101 form (filed March 31, 2025)
- Notice of Withdrawal
- CCA Market Notice: Update on Cap-and-Invest rulemaking topics and timeline (March 17, 2025)
Announcement documents (withdrawn)
- Announcement Notice – CR-101 form (filed April 11, 2024; withdrawn March 31, 2025)
- CCA Market Notice: Possible topics for linkage rulemaking (April 11, 2024)
Rule development phase
April 11, 2024 – Early 2026Public input & involvement
We plan to hold public meetings to provide information about the rulemaking and seek your input. We'll update this page with meeting specifics.
To get updates about these meetings and this rulemaking, join our mailing list.
Draft rule language
Below are the most updated drafts of the rule language:
July 2025
- Draft rule language (173-446) - Changes to the Climate Commitment Act Program rule
- Draft rule language (173-441) - Changes to the Reporting of Emissions of Greenhouse Gases rule
April 2025
- Draft rule language (173-446) - Changes to the Climate Commitment Act Program rule
- Draft rule language (173-441) - Changes to the Reporting of Emissions of Greenhouse Gases rule
July 2024
- Draft rule language (173-446) - Changes to the Climate Commitment Act Program rule
- Draft rule language (173-441) - Changes to the Reporting of Emissions of Greenhouse Gases rule
Current comment period
The formal comment period is currently open. Please scroll down to Rule Proposal Phase for more information.
Past comment periods
Public comment period for electric utility allocation topics (informal)
July 22, 2025, 12:00am – August 15, 2025, 11:59 p.m.
April 17, 2025, 12:00am – May 2, 2025, 11:59 p.m.
November 13, 2025, 12:00 a.m. – December 5, 2025, 11:59 p.m.
Review comments
Public comment period for Cap-and-Invest Program Updates and Linkage rulemaking (informal)
October 6, 2025, 12:00 a.m. – October 31, 11:59 p.m.
July 28, 2025, 12:00 a.m. – September 5, 2025 11:59 p.m.
April 16, 2025, noon – May 16, 2025, 11:59 p.m
Review comments
Public comment period for centralized electricity markets topics (informal)
February 5, 2026, 2 p.m. – February 20, 2026, 11:59 p.m. (Requested Feedback)
June 26, 2025, 12: a.m. – July 30, 2025, 11:59 p.m.
March 6, 2025, 12 a.m. – April 4, 2025, 11:59 p.m.
May 5, 2026, 12 a.m. - May 20, 2026, 11:59 p.m. (WAC 173-441-124 Draft Rule)
Review comments
Public comment period for electricity imports topics (informal)
Oct. 30, 2024, midnight – Dec. 20, 2024, 11:59 p.m.
Review comments
Public comment period (informal)
June 3, 2024, 5 p.m. – Sept. 27, 2024, 11:59 p.m.
Review informal comments on this rulemaking.
Ecology's public meetings
| Date | Documents | Location |
|---|---|---|
|
Cap-and-Invest Public Workshop: Electricity imports (Chapter 173-441 WAC) May 5, 2026 |
Public meeting recording | |
|
Cap-and-Invest Electric utility allocation workshop November 13, 2025 |
Presentation View Comments |
Public workshop recording |
|
Cap-and-Invest House Bill 1975 Public Workshop October 15, 2025 |
Presentation | Public workshop recording |
|
Cap-and-Invest Program Rulemakings- Community forum August 13, 2025 |
Draft rule language (173-446) - Changes to the Climate Commitment Act Program rule Draft rule language (173-441) - Changes to the Reporting of Emissions of Greenhouse Gases rule |
Community forum recording |
|
Cap-and-Invest Program Updates and Linkage public meeting August 7, 2025 |
Draft rule language (173-446) - Changes to the Climate Commitment Act Program rule Draft rule language (173-441) - Changes to the Reporting of Emissions of Greenhouse Gases rule |
Public meeting recording |
|
Cap-and-Invest Electric utility allocation workshop July 22, 2025 |
|
Public Workshop Recording |
|
Cap-and-Invest Centralized electricity markets and electricity imports workshop June 26, 2025 |
Public workshop recording | |
|
Cap-and-Invest Program Updates and Linkage community forum May 5, 2025 |
Draft rule language (173-446) - Changes to the Climate Commitment Act Program rule Draft rule language (173-441) - Changes to the Reporting of Emissions of Greenhouse Gases rule |
Community forum recording |
|
Cap-and-Invest Program Updates and Linkage public meeting April 30, 2025 |
Draft rule language (173-446) - Changes to the Climate Commitment Act Program rule Draft rule language (173-441) - Changes to the Reporting of Emissions of Greenhouse Gases rule |
Public meeting recording |
|
Electric utility allocation workshop April 17, 2025 |
||
|
Centralized electricity markets workshop March 6, 2025 |
Public workshop recording | |
|
Linkage Rulemaking Meeting on Electricity Imports Topics Tuesday, Nov. 19, 2024 |
Public meeting recording | |
|
Linkage Environmental Justice Monday, July 22, 2024 |
||
|
Linkage Rulemaking Public Meeting Wednesday, July 10, 2024 |
Public meeting recording |
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 1, 2026
- 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 (DNS)
Comment period
Comments period opens June 1, 2026 at 12 a.m. (midnight). Commments are due July 17, 2026 at 11:59 p.m.
Ecology will review all comments received & plans for adoption Sept. 2026. 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:
Surabhi Subedi
For standard US Mail-
Department of Ecology
Climate Pollution Reduction Program
PO BOX 47600
Olympia, WA 98504-7600
For Parcel Service-
Department of Ecology
Climate Pollution Reduction Program
Surabhi Subedi
300 Desmond Dr SE
Lacey, WA 98503 - Attend a Public Hearing – see below
Public hearings
| Date | Documents | Location |
|---|---|---|
|
Cap-and-Invest Public Hearing July 7, 2026 |
- |
Register for July 7 hearing |
|
Cap-and-Invest Public Hearing July 13, 2026 |
- | Register for July 13 hearing |
Each webinar will consist of a presentation and question and answer session followed by the hearing. This is an online meeting that you can attend from any computer using internet access.
For audio call US toll number 1-253-215-8782 and enter access code 812 9061 0429#. Or to receive a free call back, provide your phone number when you join the event.
Related links
Contact information
Surabhi Subedi
Environmental Planner
CPRRulemaking@ecy.wa.gov
564-999-3611
Stay informed
Join our email list
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.