reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.45 - Limiting Greenhouse Gas Emissions. › 70A.45.070 - Distribution of funds for infrastructure and capital development projects—Prerequisites.

RCW 70A.45.070
Distribution of funds for infrastructure and capital development projects—Prerequisites.
Beginning in 2010, when distributing capital funds through competitive programs for infrastructure and economic development projects, all state agencies must consider whether the entity receiving the funds has adopted policies to reduce greenhouse gas emissions. Agencies also must consider whether the project is consistent with:
(1) The state's limits on the emissions of greenhouse gases established in RCW 70A.45.020;
(2) Statewide goals to reduce annual per capita vehicle miles traveled by 2050, in accordance with RCW 47.01.440, except that the agency shall consider whether project locations in rural counties, as defined in RCW 43.160.020, will maximize the reduction of vehicle miles traveled; and
(3) Applicable federal emissions reduction requirements.
[ 2020 c 20 § 1403; 2009 c 519 § 9. Formerly RCW 70.235.070.]
NOTES:
Findings—2009 c 519: See RCW 70A.05.900.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.45 - Limiting Greenhouse Gas Emissions. › 70A.45.100 - Carbon sequestration.

RCW 70A.45.100
Carbon sequestration.
(1) Separate and apart from the emissions limits established in RCW 70A.45.020, it is the policy of the state to promote the removal of excess carbon from the atmosphere through voluntary and incentive-based sequestration activities in Washington including, but not limited to, on natural and working lands and by recognizing the potential for sequestration in products and product supply chains. It is the policy of the state to prioritize carbon sequestration in amounts necessary to achieve the carbon neutrality goal established in RCW 70A.45.020, and at a level consistent with pathways to limit global warming to one and one-half degrees.
(2)(a) All agencies of state government including, but not limited to, the department, the department of natural resources, the department of transportation, the department of fish and wildlife, the department of agriculture, the department of commerce, the recreation and conservation office, and the conservation commission, shall seek all practicable opportunities, consistent with existing legal mandates and requirements and statutory objectives, to cost-effectively maximize carbon sequestration and carbon storage in their nonland management agency operations, contracting, and grant-making activities.
(b) Any such effort to promote carbon sequestration activities that affects support for, or management of private lands or trust lands managed by the department of natural resources must be done in cooperation with the owners and managers of those natural and working lands.
[ 2021 c 65 § 71; 2020 c 79 § 4.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Intent—2020 c 79: See note following RCW 70A.45.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.45 - Limiting Greenhouse Gas Emissions. › 70A.45.110 - Siting of certain facilities.

RCW 70A.45.110
Siting of certain facilities.
The state, state agencies, and political subdivisions of the state, in implementing their duties and authorities established under other laws, may only consider the greenhouse gas limits established in RCW 70A.45.020 in a manner that recognizes, where applicable, that the siting and placement of new or expanded best-in-class facilities with lower carbon emitting processes is in the economic and environmental interests of the state of Washington.
[ 2021 c 316 § 36.]
NOTES:
Short title—2021 c 316: See RCW 70A.65.900.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.45 - Limiting Greenhouse Gas Emissions. › 70A.45.900 - Scope of chapter 14, Laws of 2008.

RCW 70A.45.900
Scope of chapter 14, Laws of 2008.
Except where explicitly stated otherwise, nothing in chapter 14, Laws of 2008 alters or limits any authorities of the department as they existed prior to June 12, 2008.
[ 2008 c 14 § 11. Formerly RCW 70.235.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.50 - Energy Efficiency Improvements. › 70A.50.030 - Farm energy efficiency improvements.

RCW 70A.50.030
Farm energy efficiency improvements.
(1) The legislature finds that increasing energy costs put farm viability and competitiveness at risk and that energy efficiency improvements on the farm are the most cost-effective way to manage these costs. The legislature further finds that current on-farm energy efficiency programs often miss opportunities to evaluate and conserve all types of energy, including fuels and fertilizers.
(2) The Washington State University extension energy program, in consultation with the department of agriculture, shall form an interdisciplinary team of agricultural and energy extension agencies to develop and offer new methods to help agricultural producers assess their opportunities to increase energy efficiency in all aspects of their operations. The interdisciplinary team must develop and deploy:
(a) Online energy self-assessment software tools to allow agricultural producers to assess whole-farm energy use and to identify the most cost-effective efficiency opportunities;
(b) Energy auditor training curricula specific to the agricultural sector and designed for use by agricultural producers, conservation districts, agricultural extensions, and commodity groups;
(c) An effective infrastructure of trained energy auditors available to assist agricultural producers with on-farm energy audits and identify cost-share assistance for efficiency improvements; and
(d) Measurement systems for cost savings, energy savings, and carbon emission reduction benefits resulting from efficiency improvements identified by the interdisciplinary team.
(3) The Washington State University extension energy program shall seek to obtain additional resources for this section from federal and state agricultural assistance programs and from other sources.
(4) The Washington State University extension energy program shall provide technical assistance for farm energy assessment activities as specified in this section.
[ 2009 c 379 § 103. Formerly RCW 70.260.030.]
NOTES:
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.55 - Diesel Emissions—Air Pollution Reduction. › 70A.55.010 - Findings—Intent.

RCW 70A.55.010
Findings—Intent.
The legislature finds that investments in diesel engine idling reduction projects cost-effectively improve public health by reducing harmful diesel emissions. The legislature further finds that these investments also result in long-term savings in fuel and maintenance costs. It is therefore the intent of the legislature to establish a stable, wholly self-sustaining account for the department of ecology to use for investments in diesel idle reduction projects.
[ 2014 c 74 § 1. Formerly RCW 70.325.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.55 - Diesel Emissions—Air Pollution Reduction. › 70A.55.020 - Definitions.

RCW 70A.55.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Account" means the diesel idle reduction account created in RCW 70A.55.040.
(2) "Department" means the department of ecology.
(3) "Loan recipient" means a state, local, or other governmental entity that owns diesel vehicles or equipment.
[ 2020 c 20 § 1432; 2014 c 74 § 2. Formerly RCW 70.325.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.55 - Diesel Emissions—Air Pollution Reduction. › 70A.55.030 - Diesel idle emission reduction technologies and infrastructure—Loans.

RCW 70A.55.030
Diesel idle emission reduction technologies and infrastructure—Loans.
(1) The department shall use the moneys in the account to provide loans with low or no interest to loan recipients for the purpose of reducing exposure to diesel emissions and improving public health by investing in diesel idle emission reduction technologies and infrastructure. The department shall, to the extent practical, integrate communications, outreach, and other aspects of the administration of loans from the account with the administration of existing grant programs to reduce diesel emissions from vehicles and equipment. In selecting loan recipients, the department shall consider anticipated human health, environmental, and greenhouse gas benefits from reduced exposure to harmful air emissions associated with diesel idling.
(2) The department shall make loans in such a manner that the remittances from loan recipients are of equal value over a long-term planning horizon to the disbursals from the fund.
(3) Loan moneys may not be spent on vehicles or equipment that spend less than one-half of their operating time in Washington. Permissible diesel idle reduction expenditures include, but are not limited to:
(a) Electrified parking spaces and truck stops;
(b) Shore connection systems and alternative maritime power;
(c) Shore connection systems for locomotives;
(d) Auxiliary power units and generator sets;
(e) Fuel-operated heaters or direct-fired heaters, including engine fluid preheaters and cab air heaters;
(f) Battery powered systems, including battery powered heating and air conditioning systems;
(g) Thermal storage systems;
(h) Automatic engine start-up and shutdown systems;
(i) Projects to augment or replace diesel engines or power systems with engines or power systems that use liquefied or compressed natural gas; and
(j) Other operation or maintenance efficiencies that achieve emission reduction benefits for the public.
[ 2014 c 74 § 3. Formerly RCW 70.325.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.55 - Diesel Emissions—Air Pollution Reduction. › 70A.55.040 - Diesel idle reduction account.

RCW 70A.55.040
Diesel idle reduction account.
The diesel idle reduction account is created in the state treasury. All receipts from remittances made by loan recipients pursuant to RCW 70A.55.030 and any moneys appropriated to the account by law must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter, including the costs of program administration.
[ 2020 c 20 § 1433; 2014 c 74 § 4. Formerly RCW 70.325.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.55 - Diesel Emissions—Air Pollution Reduction. › 70A.55.050 - Adoption of rules.

RCW 70A.55.050
Adoption of rules.
The department may adopt rules necessary to implement this chapter only after the legislature appropriates moneys to the account created in RCW 70A.55.040.
[ 2020 c 20 § 1434; 2014 c 74 § 7. Formerly RCW 70.325.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.60 - Hydrofluorocarbons—Emissions Reduction. › 70A.60.005 - Finding—Intent.

RCW 70A.60.005
Finding—Intent.
(1) The legislature finds that hydrofluorocarbons are air pollutants that pose significant threats to our environment. Although hydrofluorocarbons currently represent a small proportion of the state's greenhouse gas emissions, emissions of hydrofluorocarbons have been rapidly increasing in the United States and worldwide, and they are hundreds to thousands of times more potent than carbon dioxide. In 2019, the legislature took a significant step towards reducing greenhouse gas emissions from hydrofluorocarbons by transitioning to the use of less damaging hydrofluorocarbons or suitable substitutes in certain new foam, aerosol, and refrigerant uses. However, significant sources of hydrofluorocarbon emissions in Washington remain unaddressed by the 2019 legislation, including legacy uses of hydrofluorocarbons as a refrigerant in infrastructure that was installed prior to the effective dates of the restrictions in the 2019 law, and from sources like stationary air conditioners and heat pumps that were not covered by the 2019 law.
(2) Therefore, it is the intent of the legislature to reduce hydrofluorocarbon emissions, including by:
(a) Authorizing the establishment of a maximum global warming potential threshold for hydrofluorocarbons used as a refrigerant;
(b) Authorizing the regulation of hydrofluorocarbons in air conditioning and heat pumps;
(c) Applying the same basic emission control requirements to hydrofluorocarbons that have long applied to ozone-depleting substances used as refrigerants;
(d) Establishing a program to reduce leaks and encourage refrigerant recovery from large refrigeration and air conditioning systems;
(e) Directing the state building code council to adopt codes that are consistent with the goal of reducing greenhouse gas emissions associated with hydrofluorocarbons;
(f) Establishing a state procurement preference for recycled refrigerants; and
(g) Allowing consideration of the global warming potential of refrigerants used in equipment incentivized under utility conservation programs.
(3) Furthermore, it is the intent of the legislature that the ice rink used by Seattle's newest hockey franchise, the Seattle Kraken, should be as cold as possible, but also should be refrigerated using climate-friendly refrigerants, so that on opening night of the 2021-2022 National Hockey League season, as many fans as possible can simultaneously yell the Pacific Northwest's favorite new phrase: 'Release the Kraken!'
[ 2021 c 315 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.60 - Hydrofluorocarbons—Emissions Reduction. › 70A.60.010 - Definitions.

RCW 70A.60.010
Definitions.
(1)(a) "Air conditioning" means the process of treating air to meet the requirements of a conditioned space by controlling its temperature, humidity, cleanliness, or distribution.
(b)(i) "Air conditioning" includes chillers, except for purposes of RCW 70A.60.020.
(ii) "Air conditioning" includes heat pumps.
(c) "Air conditioning" applies to stationary air conditioning equipment and does not apply to mobile air conditioning, including those used in motor vehicles, rail and trains, aircraft, watercraft, recreational vehicles, recreational trailers, and campers.
(2) "Class I substance" and "class II substance" means those substances listed in 42 U.S.C. Sec. 7671a, as of November 15, 1990, or those substances listed in Appendix A or B of Subpart A of 40 C.F.R. Part 82, as of January 3, 2017.
(3) "Department" means the department of ecology.
(4) "Hydrofluorocarbons" means a class of greenhouse gases that are saturated organic compounds containing hydrogen, fluorine, and carbon.
(5) "Ice rink" means a frozen body of water, hardened chemicals, or both, including, but not limited to, professional ice skating rinks and those used by the general public for recreational purposes.
(6) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces any product that contains or uses hydrofluorocarbons or is an importer or domestic distributor of such a product.
(7) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of the state.
(8) "Refrigeration equipment" or "refrigeration system" means any stationary device that is designed to contain and use refrigerant. "Refrigeration equipment" includes refrigeration equipment used in retail food, cold storage, industrial process refrigeration and cooling that does not use a chiller, ice rinks, and other refrigeration applications.
(9) "Regulated refrigerant" means a class I or class II substance as listed in Title VI of section 602 of the federal clean air act amendments of November 15, 1990.
(10) "Residential consumer refrigeration products" has the same meaning as defined in section 430.2 of Subpart A of 10 C.F.R. Part 430 (2017).
(11) "Retrofit" has the same meaning as defined in section 152 of Subpart F of 40 C.F.R. Part 82, as that section existed as of January 3, 2017.
(12) "Substitute" means a chemical, product, or alternative manufacturing process, whether existing or new, that is used to perform a function previously performed by a class I substance or class II substance and any chemical, product, or alternative manufacturing process subsequently developed, adapted, or adopted to perform that function including, but not limited to, hydrofluorocarbons. "Substitute" does not include 2-BTP or any compound as applied to its use in aerospace fire extinguishing systems.
[ 2021 c 315 § 2.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.60 - Hydrofluorocarbons—Emissions Reduction. › 70A.60.040 - Department's authority.

RCW 70A.60.040
Department's authority.
(1) The authority granted by this chapter to the department for restricting the use of substitutes is supplementary to the department's authority to control air pollution pursuant to chapter 70A.15 RCW. Nothing in this chapter limits the authority of the department under chapter 70A.15 RCW.
(2) The department, in enforcing the requirements of this chapter, must adhere to the provisions applicable to the department under chapter 43.05 RCW regarding site inspections, technical assistance visits, notices of correction, and the issuance of civil penalties, to the extent that these provisions are not in conflict with federal requirements described in RCW 43.05.901.
(3) The department may elect to refrain from or cease administering or enforcing a requirement of this chapter if the United States environmental protection agency adopts requirements that:
(a) Are substantially duplicative of the requirements of this chapter and that negate the additional emission reduction benefits of state implementation of any requirement of this chapter; or
(b) Preempt state authority under this chapter.
[ 2021 c 315 § 11.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.60 - Hydrofluorocarbons—Emissions Reduction. › 70A.60.050 - Refrigerant emission management account.

RCW 70A.60.050
Refrigerant emission management account.
The refrigerant emission management account is created in the state treasury. All receipts received by the state from the fees imposed under RCW 70A.60.030 must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to develop and implement the provisions of RCW 70A.60.030.
[ 2021 c 315 § 12.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.60 - Hydrofluorocarbons—Emissions Reduction. › 70A.60.070 - Recovery of regulated refrigerants.

RCW 70A.60.070
Recovery of regulated refrigerants.
(1) A person who services or repairs or disposes of a motor vehicle air conditioning system; commercial or industrial air conditioning, heating, or refrigeration system; or consumer appliance shall use refrigerant extraction equipment to recover regulated refrigerants and substitutes that would otherwise be released into the atmosphere.
(2) Upon request, the department shall provide information and assistance to persons interested in collecting, transporting, or recycling regulated refrigerants and substitutes.
(3) The willful release of regulated refrigerants and substitutes from a source listed in subsection (1) of this section is prohibited.
[ 2021 c 315 § 4; 1991 c 199 § 602. Formerly RCW 70A.15.6410, 70.94.970.]
NOTES:
Finding—1991 c 199: "The legislature finds that:
(1) The release of chlorofluorocarbons and other ozone-depleting chemicals into the atmosphere contributes to the destruction of stratospheric ozone and threatens plant and animal life with harmful overexposure to ultraviolet radiation;
(2) The technology and equipment to extract and recover chlorofluorocarbons and other ozone-depleting chemicals from air conditioners, refrigerators, and other appliances are available;
(3) A number of nonessential consumer products contain ozone-depleting chemicals; and
(4) Unnecessary releases of chlorofluorocarbons and other ozone-depleting chemicals from these sources should be eliminated." [ 1991 c 199 § 601.]
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.60 - Hydrofluorocarbons—Emissions Reduction. › 70A.60.080 - Regulated refrigerants—Substitutes—Nonessential consumer products containing hydrofluorocarbons—Limitation on sale or purchase.

RCW 70A.60.080
Regulated refrigerants—Substitutes—Nonessential consumer products containing hydrofluorocarbons—Limitation on sale or purchase.
No person may sell, offer for sale, or purchase any of the following:
(1) A substitute with a global warming potential of greater than 150 or a regulated refrigerant in a container designed for consumer recharge of a motor vehicle air conditioning system or consumer appliance during repair or service;
(2) Nonessential consumer products that contain hydrofluorocarbons with a global warming potential of greater than 150 and chlorofluorocarbons or other ozone-depleting chemicals, and for which suitable alternatives are readily available. Products affected under this subsection shall include, but are not limited to, party streamers, tire inflators, air horns, noise makers, and cleaning sprays designed for noncommercial or nonindustrial cleaning of electronic or photographic equipment. Products and equipment subject to restrictions on applications or end uses under RCW 70A.60.060 are not nonessential products for which hydrofluorocarbons are restricted under this section.
[ 2021 c 315 § 5; 1991 c 199 § 603. Formerly RCW 70A.15.6420, 70.94.980.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.60 - Hydrofluorocarbons—Emissions Reduction. › 70A.60.090 - Refrigerants—Rules.

RCW 70A.60.090
Refrigerants—Rules.
The department shall adopt rules to implement RCW 70A.60.070 and 70A.60.080. Rules shall include but not be limited to minimum performance specifications for refrigerant extraction equipment, procedures under which owners or operators of stationary refrigeration equipment and air conditioning equipment subject to the requirements of RCW 70A.60.030 must provide the department with information related to their use of regulated refrigerants and substitutes, as well as procedures for enforcing RCW 70A.60.070, 70A.60.080, and 70A.60.020.
[ 2021 c 315 § 6; 2020 c 20 § 1160; 1991 c 199 § 604. Formerly RCW 70A.15.6430, 70.94.990.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.140 - Emissions containment reserve withholding.

RCW 70A.65.140
Emissions containment reserve withholding.
(1) To help ensure that the price of allowances remains sufficient to incentivize reductions in greenhouse gas emissions, the department must establish an emissions containment reserve and set an emissions containment reserve trigger price by rule. The price must be set at a reasonable amount above the auction floor price and equal to the level established in jurisdictions with which the department has entered into a linkage agreement. If a jurisdiction with which the department might enter into a linkage agreement has no emissions containment trigger price, the department may suspend the trigger price under this subsection. The purpose of withholding allowances in the emissions containment reserve is to secure additional emissions reductions.
(2) In the event that the emissions containment reserve trigger price is met during an auction, the department must automatically withhold allowances as needed. The department must convert and transfer any allowances that have been withheld from auction into the emissions containment reserve account.
(3) Emissions containment reserve allowances may only be withheld from an auction if the demand for allowances would result in an auction clearing price that is less than the emissions containment reserve trigger price prior to the withholding from the auction of any emissions containment reserve allowances.
(4) The department shall transfer allowances to the emissions containment reserve in the following situations:
(a) No less than two percent of the total number of allowances available from the allowance budgets for calendar years 2023 through 2026;
(b) When allowances are unsold in auctions under RCW 70A.65.100;
(c) When facilities curtail or close consistent with RCW 70A.65.110(6); or
(d) When facilities fall below the emissions threshold. The amount of allowances withdrawn from the program budget must be proportionate to the amount of emissions such a facility was previously using.
(5)(a) Allowances must be distributed from the emissions containment reserve by auction when new covered and opt-in entities enter the program.
(b) Allowances equal to the greenhouse gas emissions resulting from a new or expanded emissions-intensive, trade-exposed facility with emissions in excess of 25,000 metric tons per year during the first applicable compliance period will be provided to the facility from the reserve created in this section and must be retired by the facility. In subsequent compliance periods, the facility will be subject to the regulatory cap and related requirements under this chapter.
[ 2022 c 181 § 11; 2021 c 316 § 16.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.150 - Allowance price containment.

RCW 70A.65.150
Allowance price containment.
(1) To help minimize allowance price volatility in the auction, the department shall adopt by rule an auction floor price and a schedule for the floor price to increase by a predetermined amount every year. The department may not sell allowances at bids lower than the auction floor price. The department's rules must specify holding limits that determine the maximum number of allowances that may be held for use or trade by a registered entity at any one time. The department shall also establish a reserve auction floor price to limit extraordinary prices and to determine when to offer allowances through the allowance price containment reserve auctions authorized under this section.
(2) For calendar years 2023 through 2026, the department must place no less than two percent of the total number of allowances available from the allowance budgets for those years in an allowance price containment reserve. The reserve must be designed as a mechanism to assist in containing compliance costs for covered and opt-in entities in the event of unanticipated high costs for compliance instruments.
(3)(a) The department shall adopt rules for holding auctions of allowances from the price containment reserve when the settlement prices in the preceding auction exceed the adopted reserve auction floor price. The auction must be separate from auctions of other allowances.
(b) Allowances must also be distributed from the allowance price containment reserve by auction when new covered and opt-in entities enter the program and allowances in the emissions containment reserve under RCW 70A.65.140(5) are exhausted.
(4) Only covered and opt-in entities may participate in the auction of allowances from the allowance price containment reserve.
(5) The process for reserve auctions is the same as the process provided in RCW 70A.65.100 and the proceeds from reserve auctions must be treated the same.
(6) The department shall by rule:
(a) Set the reserve auction floor price in advance of the reserve auction. The department may choose to establish multiple price tiers for the allowances from the reserve;
(b) Establish the requirements and schedule for the allowance price containment reserve auctions; and
(c) Establish the amount of allowances to be placed in the allowance price containment reserve after the first compliance period ending in 2026.
[ 2022 c 181 § 6; 2021 c 316 § 17.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.160 - Price ceiling.

RCW 70A.65.160
Price ceiling.
(1) The department shall establish a price ceiling to provide cost protection for covered entities obligated to comply with this chapter. The ceiling must be set at a level sufficient to facilitate investments to achieve further emission reductions beyond those enabled by the price ceiling, with the intent that investments accelerate the state's achievement of greenhouse gas limits established under RCW 70A.45.020. The price ceiling must increase annually in proportion to the reserve auction floor price established in RCW 70A.65.150(1).
(2) In the event that no allowances remain in the allowance price containment reserve, the department must issue the number of price ceiling units for sale sufficient to provide cost protection for covered entities as established under subsection (1) of this section. Purchases must be limited to entities that do not have sufficient eligible compliance instruments in their holding and compliance accounts for the current compliance period and these entities may only purchase what they need to meet their compliance obligation for the current compliance period. Price ceiling units may not be sold or transferred and must be retired for compliance in the current compliance period. A price ceiling unit is not a property right.
(3) The price ceiling unit emission reduction investment account is created in the state treasury. All receipts from the sale of price ceiling units must be deposited in the account. Moneys in the account may only be spent after appropriation. Moneys in the account must be expended to achieve emissions reductions on at least a metric ton for metric ton basis that are real, permanent, quantifiable, verifiable, enforceable by the state, and in addition to any greenhouse gas emission reduction otherwise required by law or regulation and any other greenhouse gas emission reduction that otherwise would occur.
[ 2022 c 181 § 7; 2021 c 316 § 18.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.180 - Assistance program for offsets on tribal lands.

RCW 70A.65.180
Assistance program for offsets on tribal lands.
(1) In order to ensure that a sufficient number of high quality offset projects are available under the limits set in RCW 70A.65.170, the department must establish an assistance program for offset projects on federally recognized tribal lands in Washington. The assistance may include, but is not limited to, funding or consultation for federally recognized tribal governments to assess a project's technical feasibility, investment requirements, development and operational costs, expected returns, administrative and legal hurdles, and project risks and pitfalls. The department may provide funding or assistance upon request by a federally recognized tribe.
(2) It is the intent of the legislature that not less than $5,000,000 be provided in the biennial omnibus operating appropriations act for the purposes of this section.
[ 2021 c 316 § 20.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.220 - Adoption of rules.

RCW 70A.65.220
Adoption of rules.
The department shall adopt rules to implement the provisions of the program established in RCW 70A.65.060 through 70A.65.210. The department may adopt emergency rules pursuant to RCW 34.05.350 for initial implementation of the program, to implement the state omnibus appropriations act for the 2021-2023 fiscal biennium, and to ensure that reporting and other program requirements are determined early for the purpose of program design and early notice to registered entities with a compliance obligation under the program.
[ 2021 c 316 § 25.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.230 - Investments—Legislative intent—Evaluation.

RCW 70A.65.230
Investments—Legislative intent—Evaluation.
(1) It is the intent of the legislature that each year the total investments made through the carbon emissions reduction account created in RCW 70A.65.240, the climate commitment account created in RCW 70A.65.260, the natural climate solutions account created in RCW 70A.65.270, the air quality and health disparities improvement account created in RCW 70A.65.280, the climate transit programs account created in RCW 46.68.500, and the climate active transportation account created in RCW 46.68.490, achieve the following:
(a) A minimum of not less than 35 percent and a goal of 40 percent of total investments that provide direct and meaningful benefits to vulnerable populations within the boundaries of overburdened communities identified under chapter 70A.02 RCW; and
(b) In addition to the requirements of (a) of this subsection, a minimum of not less than 10 percent of total investments that are used for programs, activities, or projects formally supported by a resolution of an Indian tribe, with priority given to otherwise qualifying projects directly administered or proposed by an Indian tribe. An investment that meets the requirements of both this subsection (1)(b) and (a) of this subsection may count toward the minimum percentage targets for both subsections.
(2) The expenditure of moneys under this chapter must be consistent with applicable federal, state, and local laws, and treaty rights including, but not limited to, prohibitions on uses of funds imposed by the state Constitution.
(3) For the purposes of this section, "benefits" means investments or activities that:
(a) Reduce vulnerable population characteristics, environmental burdens, or associated risks that contribute significantly to the cumulative impact designation of overburdened communities;
(b) Meaningfully protect an overburdened community from, or support community response to, the impacts of air pollution or climate change; or
(c) Meet a community need identified by vulnerable members of the overburdened community that is consistent with the intent of this chapter.
(4) The state must develop a process by which to evaluate the impacts of the investments made under this chapter, work across state agencies to develop and track priorities across the different eligible funding categories, and work with the environmental justice council pursuant to RCW 70A.65.040.
[ 2022 c 182 § 426; 2022 c 181 § 8; 2021 c 316 § 26.]
NOTES:
Reviser's note: This section was amended by 2022 c 181 § 8 and by 2022 c 182 § 426, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.240 - Carbon emissions reduction account.

RCW 70A.65.240
Carbon emissions reduction account.
(1) The carbon emissions reduction account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account are intended to affect reductions in transportation sector carbon emissions through a variety of carbon reducing investments. These can include, but are not limited to: Transportation alternatives to single occupancy passenger vehicles; reductions in single occupancy passenger vehicle miles traveled; reductions in per mile emissions in vehicles, including through the funding of alternative fuel infrastructure and incentive programs; and emission reduction programs for freight transportation, including motor vehicles and rail, as well as for ferries and other maritime and port activities. Expenditures from the account may only be made for transportation carbon emission reducing purposes and may not be made for highway purposes authorized under the 18th Amendment of the Washington state Constitution, other than specified in this section, and shall be made in accordance with subsection (2) of this section. It is the legislature's intent that expenditures from the account used to reduce carbon emissions be made with the goal of achieving equity for communities that historically have been omitted or adversely impacted by past transportation policies and practices.
(2) Appropriations in an omnibus transportation appropriations act from the carbon emissions reduction account shall be made exclusively to fund the following activities:
(a) Active transportation;
(b) Transit programs and projects;
(c) Alternative fuel and electrification;
(d) Ferries; and
(e) Rail.
[ 2022 c 182 § 101; 2021 c 316 § 27.]
NOTES:
Intent—2022 c 182: "The legislature intends that $500,000,000 of the amounts in the 16-year move ahead WA investment program must enhance stormwater runoff treatment from existing roads and infrastructure with an emphasis on green infrastructure retrofits. Projects must be prioritized based on benefits to salmon recovery and ecosystem health, reducing toxic pollution, addressing health disparities, and cost effectiveness. The department of transportation must submit progress reports on its efforts to reduce the toxicity of stormwater runoff from existing infrastructure, recommendations for addressing barriers to innovative solutions, and anticipated demand for funding each biennium." [ 2022 c 182 § 1.]
Effective date—2022 c 182: "Sections 1, 101 through 105, 201 through 204, 211, 301 through 312, 401 through 407, 415 through 420, 422, 423, 425 through 439, and 505 of this act take effect July 1, 2022." [ 2022 c 182 § 511.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.280 - Air quality and health disparities improvement account.

RCW 70A.65.280
Air quality and health disparities improvement account.
(1) The air quality and health disparities improvement account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account are intended to:
(a) Improve air quality through the reduction of criteria pollutants, including through effective air quality monitoring and the establishment of adequate baseline emissions data; and
(b) Reduce health disparities in overburdened communities by improving health outcomes through the reduction or elimination of environmental harms and the promotion of environmental benefits.
(2) Moneys in the account may be used for either capital budget or transportation budget purposes, or both. Moneys in the account may not be used for projects that would violate tribal treaty rights or result in significant long-term damage to critical habitat or ecological functions. Investments from the account must result in long-term environmental benefits and increased resilience to the impacts of climate change.
(3) It is the intent of the legislature that not less than $20,000,000 per biennium be dedicated to the account for the purposes of the account.
[ 2021 c 316 § 31.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.290 - Joint legislative audit and review committee—Program implementation analysis.

RCW 70A.65.290
Joint legislative audit and review committee—Program implementation analysis. (Expires June 30, 2030.)
(1) By December 1, 2029, the joint legislative audit and review committee must analyze the impacts of the initial five years of program implementation and must submit a report summarizing the analysis to the legislature. The analysis must include, at minimum, the following components:
(a) Costs and benefits, including environmental and public health costs and benefits, associated with this chapter for categories of persons participating in the program or that are most impacted by air pollution, as defined in consultation with the departments of ecology and health and as measured on a census tract scale. This component of the analysis must, at a minimum, assess the costs and benefits of changes in the following metrics since the start of the program:
(i) Levels of greenhouse gas emissions and criteria air pollutants for which the United States environmental protection agency has established national ambient air quality standards;
(ii) Fuel prices; and
(iii) Total employment in categories of industries that are covered entities. The categories of industries assessed must include, but are not limited to, electric utilities, natural gas utilities, oil refineries, and other industries classified as emissions-intensive and trade-exposed;
(b) An evaluation of the information provided by the department in its 2027 program evaluation under RCW 70A.65.070(3);
(c) A summary of the estimated total statewide costs and benefits attributable to the program, including state agency administrative costs and covered entity compliance costs. For purposes of calculating the benefits of the program, the summary may rely, in part, on a constant value of the social costs attributable to greenhouse gas emissions, as identified in contemporary internationally accepted estimates of such global social cost. This summary must include an estimate of the total statewide costs of the program per ton of greenhouse gas emissions reductions achieved by the program; and
(d) An evaluation of the impacts of the program on low-income households.
(2) This section expires June 30, 2030.
[ 2021 c 316 § 32.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.300 - Distributions of moneys—Annual report.

RCW 70A.65.300
Distributions of moneys—Annual report.
(1) The department shall prepare, post on the department website, and submit to the appropriate committees of the legislature an annual report that identifies all distributions of moneys from the accounts created in RCW 70A.65.240 through 70A.65.280.
(2) The report must identify, at a minimum, the recipient of the funding, the amount of the funding, the purpose of the funding, the actual end result or use of the funding, whether the project that received the funding produced any verifiable reduction in greenhouse gas emissions or other long-term impact to emissions, and if so, the quantity of reduced greenhouse gas emissions, the cost per carbon dioxide equivalent metric ton of reduced greenhouse gas emissions, and a comparison to other greenhouse gas emissions reduction projects in order to facilitate the development of cost-benefit ratios for greenhouse gas emissions reduction projects.
(3) The department shall require by rule that recipients of funds from the accounts created in RCW 70A.65.240 through 70A.65.280 report to the department, in a form and manner prescribed by the department, the information required for the department to carry out the department's duties established in this section.
(4) The department shall update its website with the information described in subsection (2) of this section as appropriate but no less frequently than once per calendar year.
(5) The department shall submit its report to the appropriate committees of the legislature with the information described in subsection (2) of this section no later than September 30 of each year.
[ 2021 c 316 § 46.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.310 - Covered or opt-in entity compliance obligation.

RCW 70A.65.310
Covered or opt-in entity compliance obligation.
(1) A covered or opt-in entity has a compliance obligation for its emissions during each four-year compliance period, with the first compliance period commencing January 1, 2023. The department shall by rule require that covered or opt-in entities annually transfer a percentage of compliance instruments, but must fully satisfy their compliance obligation, for each compliance period.
(2) Compliance occurs through the transfer of the required compliance instruments or price ceiling units, on or before the transfer date, from the holding account to the compliance account of the covered or opt-in entity as described in RCW 70A.65.080.
(3)(a) A covered entity may substitute the submission of compliance instruments with price ceiling units.
(b) A covered or opt-in entity submitting insufficient compliance instruments to meet its compliance obligation is subject to a penalty as provided in RCW 70A.65.200.
(4) Older vintage allowances must be retired before newer vintage allowances.
(5) Upon receipt by the department of all compliance instruments transferred by a covered entity or opt-in entity to meet its compliance obligation, the department shall retire the allowances or offset credits.
[ 2022 c 181 § 2.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.900 - Short title—2021 c 316.

RCW 70A.65.900
Short title—2021 c 316.
This act may be known and cited as the Washington climate commitment act.
[ 2021 c 316 § 37.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.65 - Greenhouse Gas Emissions—Cap and Invest Program. › 70A.65.901 - Suspension of certain sections and rules.

RCW 70A.65.901
Suspension of certain sections and rules.
(1) RCW 70A.65.060 through 70A.65.210, and any rules adopted by the department of ecology to implement the program established under those sections, are suspended on December 31, 2055, in the event that the department of ecology determines by December 1, 2055, that the 2050 emissions limits of RCW 70A.45.020 have been met for two or more consecutive years.
(2) Upon the occurrence of the events identified in subsection (1) of this section, the department of ecology must provide written notice of the suspension date of RCW 70A.65.060 through 70A.65.210 to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.
[ 2021 c 316 § 39.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.010 - Legislative declaration.

RCW 70A.100.010
Legislative declaration.
The legislature hereby finds that an adequate supply of potable water for domestic, commercial, and industrial use is vital to the health and well-being of the people of the state. Readily available water for use in public water systems is limited and should be developed and used efficiently with a minimum of loss or waste.
In order to maximize efficient and effective development of the state's public water supply systems, the department of health shall assist water purveyors by providing a procedure to coordinate the planning of the public water supply systems.
[ 1991 c 3 § 365; 1977 ex.s. c 142 § 1. Formerly RCW 70.116.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.100 - Public Water System Coordination Act of 1977. › 70A.100.020 - Declaration of purpose.

RCW 70A.100.020
Declaration of purpose.
The purposes of this chapter are:
(1) To provide for the establishment of critical water supply service areas related to water utility planning and development;
(2) To provide for the development of minimum planning and design standards for critical water supply service areas to insure that water systems developed in these areas are consistent with regional needs;
(3) To assist in the orderly and efficient administration of state financial assistance programs for public water systems; and
(4) To assist public water systems to meet reasonable standards of quality, quantity and pressure.
[ 1977 ex.s. c 142 § 2. Formerly RCW 70.116.020.]