reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-215 - Reporting requirements for refrigerant wholesalers, distributors, and reclaimers

Current through Register Vol. 24-14, July 15, 2024
(1) Refrigerant
				distributors or wholesalers.
(a) A refrigerant
				distributor or wholesaler that sells, supplies, or distributes any amount of
				refrigerant with a GWP of 150 or more in Washington for any purpose, other than
				those listed in (b) of this subsection, must submit an annual report to ecology
				in accordance with this subsection.
(b) This subsection does not apply to the
				sale, supply, or distribution of refrigerants with a GWP of 150 or more for the
				sole purpose of either:
(i) Selling to a
				refrigerant distributor or wholesaler for eventual resale; or
(ii) Providing to a person for reclamation or
				destruction.
(c) The
				annual report must be submitted by March 15, 2025, for the previous calendar
				year and must continue to be submitted by March 15th of each year thereafter
				for the previous calendar year.
(d)
				The annual report must cover all facilities in Washington under the operational
				control of the refrigerant distributor or wholesaler.
(e) The annual report must provide annual
				statewide aggregated data and must include all of the following information:
(i) Contact information:
(A) Name of refrigerant wholesaler or
				distributor facility;
(B) Facility
				identification number as it appears in the WA RMP data reporting
				system;
(C) Mailing address,
				including street address, city, state, and zip code;
(D) Name of contact person;
(E) Contact person's phone number and email
				address;
(F) Name of each
				distributor or wholesaler facility under operational control;
(G) Address of each distributor or wholesaler
				facility under operational control; and
(H) Contact person's name, phone number, and
				email address for each refrigerant distributor or wholesaler facility under
				operational control.
(ii) Refrigerant distribution information:
(A) Total statewide annual aggregated weight
				in pounds of each type of refrigerant with a GWP of 150 or more purchased or
				received for subsequent resale or delivery; and
(B) Total statewide annual aggregated weight
				in pounds of each type of refrigerant with a GWP of 150 or more sold or
				distributed to a facility in Washington.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-225 - Recordkeeping requirements for refrigerant wholesalers, distributors, and reclaimers

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning January
				1, 2024, a refrigerant distributor, wholesaler, or reclaimer of a refrigerant
				with a GWP of 150 or more must keep all of the following records for a minimum
				of five years:
(a) Annual reports submitted
				pursuant to WAC
				173-443-215;
(b) Invoices of all refrigerant(s) with a GWP
				of 150 or more received through sale or transfer and all refrigerant(s)
				distributed for sale or transfer. These invoices must include all of the
				following information:
(i) Name of the
				purchaser;
(ii) Date of sale or
				transfer;
(iii) Quantity sold or
				transferred; and
(iv) Type of
				refrigerant(s) with a GWP of 150 or more purchased, sold, or
				transferred.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-235 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or
				operator of a facility that has a refrigeration or air conditioning system may
				apply to ecology for an exemption from the requirements of WAC
				173-443-165 or
				173-443-175. Ecology may grant an
				exemption if it determines the request meets the conditions identified in
				subsection (2) of this section and the applicant has complied with subsection
				(3) of this section.
(2) Types of
				exemptions.
(a) Impossibility. Ecology may
				grant an exemption if the applicant provides clear and convincing documentation
				that the requested exemption will not increase the overall risk to human health
				or the environment and that at least one of the following criteria is met:
(i) The component(s) or parts needed to
				complete a leak repair are not currently or potentially available; or
(ii) The applicant has made a good faith
				effort to repair all identified leaks in accordance with WAC
				173-443-165 and to operate and
				maintain the system in accordance with manufacturer recommendations.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-245 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) Any violation of
				this chapter is a violation of chapter 70A.15 RCW and subject to enforcement as
				provided in that chapter.
(2) In
				enforcing the requirements of this chapter, ecology will adhere to the
				provisions of 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) Ecology may elect to refrain from or
				cease administering or enforcing a requirement of this chapter if EPA 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.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-255 - Confidentiality

Current through Register Vol. 24-14, July 15, 2024
(1) Information
				submitted to ecology under this chapter is a public record subject to the
				Washington Public Records Act (chapter 42.56 RCW).
(2) A person submitting information to
				ecology under this chapter who believes that the information is confidential
				business or proprietary information, or is otherwise exempt from public
				disclosure under the Washington Public Records Act (chapter 42.56 RCW), may
				request ecology keep said information confidential pursuant to
				RCW
				   70A.15.2510.
(3) All requests for confidentiality must
				meet the requirements of
				RCW
				   70A.15.2510 and be approved by the
				director.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-265 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application is held
				  invalid, the remainder of the chapter or application of the provision is not
				  affected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Section 173-444-010 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish rules that electric
				utilities shall use to comply with parts of the Washington Clean Energy
				Transformation Act (CETA), chapter 19.405 RCW.
(1) The purpose of the provisions in Part I
			 of this chapter is to establish methods for calculation of the greenhouse gas
			 emissions content in electricity an electric utility supplies to its retail
			 electric customers in Washington state. The calculation methods in Part I of
			 this chapter are developed under the requirements of
			 RCW
			    19.405.070 and
			 19.405.020(22).
(2) Part II of this chapter implements the
			 requirements under
			 RCW
			    19.405.020(18),
			 19.405.040,
			 and
			 19.405.100(7).
			 The purpose of the provisions in Part II of this chapter is to establish:
(a) The processes for identifying project
			 categories that are eligible for compliance with CETA as energy transformation
			 projects.
(b) The process and
			 requirements for developing the standards, methodologies, and procedures for
			 evaluating energy transformation projects.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Section 173-444-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				unless the context clearly requires otherwise. If this section provides no
				definition, the definition found in chapter 173-441 WAC applies.
(1)
"Additionality"
means a
			 condition where a project would not or did not come into being but for the
			 investment action taken by the electric utility (or utilities) for the purposes
			 of complying with chapter 19.405 RCW, in accordance with
			 RCW
			    19.405.040(2)(e) and (f)    and
			 this section.
(2)
"Aggregate
			 source"
means:
(a) Electric power
			 originating from the same source type from one or more power plants that cannot
			 be traced back to a specific power plant with data published in Form EIA-923;
			 or
(b) Electric power obtained from
			 a single asset-controlling supplier, as designated by the California Air
			 Resources Board, with an emissions rate approved by the regulatory agency. This
			 can include multiple source types.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Section 173-444-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter apply to:
(1) Consumer-owned utilities as defined in
			 RCW
			    19.405.020(10).
(2) Investor-owned utilities as defined in
			 RCW 19.405.-020(24).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Part I - Calculation of greenhouse gas emissions content in electricity › Section 173-444-040 - Greenhouse gas content calculation

Current through Register Vol. 24-14, July 15, 2024
Use the following methods to calculate the greenhouse gas
				  emissions content in electricity.
(1)
Utility emissions.
(a) Total
				annual utility greenhouse gas emissions are calculated using Equation 1 of this
				subsection.
Equation 1
Utility Emissions = EPA + EIA + unspecified
Where:
* Utility emissions = Total of all GHG emissions for the
				  facility for the calendar year, metric tons
				  CO2e/year.
* EPA = Total of all GHG emissions calculated using the EPA
				  methodology in subsection (2) of this section, metric tons
				  CO2e/year.
* EIA = Total of all GHG emissions calculated using the EIA
				  methodology in subsection (3) of this section, metric tons
				  CO2e/year.
* Unspecified = Total of all GHG emissions calculated using
				  the unspecified electricity methodology in subsection (4) of this section,
				  metric tons CO2e/year.
(b) Do not include nonemitting electric
				generation and renewable resources when calculating utility emissions using
				Equation 1 of this subsection.
(c)
				Methodology selection:
(i) Use the conditions
				in subsections (2)(g), (3)(f), and (4) of this section to determine the
				appropriate method for a given quantity of electricity. Figure 1 of this
				subsection provides a simplified representation of the method selection
				process, but subsections (2)(g), (3)(f), and (4) of this section take
				precedence.
(ii) The methodologies
				in subsections (2) through (4) of this section are ordered from most to least
				preferred, with subsection (2) of this section being the most
				preferred.
(iii) The regulatory
				agency may instruct a utility to use a specific method from this section on a
				case-by-case basis if the regulatory agency determines another method is not
				appropriate in that case.
Washington State Register, Issue 21-02
Figure 1: Simplified representation of the method
				  selection process
Click to view
				  image
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Part II - Energy transformation projects › Section 173-444-050 - Requirements for energy transformation projects

Current through Register Vol. 24-14, July 15, 2024
(1) Electric utilities that invest in energy
				transformation projects as a means to assist in meeting the greenhouse gas
				neutral standard in
				RCW
				   19.405.040 must fulfill the requirements of
				this chapter.
(2) A project
				intended to serve as an energy transformation project must conform to a project
				category included in the list of eligible categories of energy transformation
				projects established through the process in WAC 173-444-060.
(3) Electric utilities that invest in energy
				transformation projects must use the criteria established through the
				requirements and processes in WAC 173-444-070.
(4) Electric utilities that invest in energy
				transformation projects must use the verification methods, reporting standards,
				and other procedures established in WAC 173-444-080.
(5) The commission, the governing boards of
				consumer-owned utilities, or the department of commerce may have rules or
				requirements related to energy transformation projects in addition to the
				requirements of this chapter. Fulfilling the requirements of this chapter is a
				necessary, but not final, step toward receiving approval for a candidate
				project intended as an energy transformation project under chapter 19.405 RCW.
				Fulfilling the requirements of this chapter does not provide a basis for
				guaranteeing a positive decision by an approving body for a candidate project
				intended as an energy transformation project.
(6) Approval or rejection of a particular
				energy transformation project occurs through the governing boards of
				consumer-owned utilities, the commission, or other applicable approving bodies
				with the necessary jurisdiction over the financial decisions of the electric
				utility or utilities proposing the candidate energy transformation
				project.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Part II - Energy transformation projects › Section 173-444-060 - Eligible categories of energy transformation projects

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will identify eligible categories
				of energy transformation projects. A list of these eligible categories of
				energy transformation projects will be established, expanded, and maintained
				through the processes in this section.
(2) This list will identify categories of
				projects that have been subject to a preliminary but not definitive evaluation
				and screening relative to the conditions, requirements, and criteria
				established in
				RCW
				   19.405.040 and
				19.405.020(18) for energy transformation projects.
(3) Inclusion on this list of a project
				category does not grant or imply preapproval or preauthorization for any
				particular project that may conform to a listed category relevant to that
				project.
(4) Inclusion of a
				category on this list does not indicate a final determination as to whether a
				particular project has or will meet the criteria established in WAC
				173-444-070.
(5) In order for a
				project category to be included in this list, hypothetical projects that may
				fall under that category must have the potential of meeting all of the
				following conditions:
(a) Providing
				energy-related goods or services;
(b) Reducing fossil fuel consumption and GHG
				emissions attributable to that consumption;
(c) Providing benefits to the customers of an
				electric utility or electric utilities in a manner that can satisfy the equity
				considerations required for this chapter;
(d) Associated with the consumption of energy
				in Washington;
(e) Being
				enforceable by the state of Washington;
(f) Providing quantifiable benefits in units
				of energy or units of GHG emissions;
(g) Resulting in permanent reductions of
				greenhouse gas emissions; and
(h)
				Satisfying the additionality tests required by
				RCW
				   19.405.040(2)(e) and
				(f).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Part II - Energy transformation projects › Section 173-444-080 - Procedures for energy transformation projects

Current through Register Vol. 24-14, July 15, 2024
(1) Electric utilities must follow the
				processes and procedures in this section in order for energy transformation
				projects to be eligible for use.
(2) To facilitate the processes in this
				section an electric utility must prepare a project plan describing the project
				intended to qualify as an energy transformation project, how the project should
				work, and how the project conforms to the criteria and requirements in the
				comprehensive protocol.
(3)
				Electric utilities must submit the project plan to the validating or verifying
				entities and to approving bodies consistent with the applicable requirements of
				the comprehensive protocol.
(4) The
				comprehensive protocol that ecology develops will provide the required criteria
				and address the manner in which electric utilities or their designated
				representatives should apply the criteria to prepare and submit the project
				plan.
(5) The comprehensive
				protocol will include reporting, formatting, and organizational requirements
				for the creation of the project plan to promote consistency in explanation and
				ease of interpretation for use in the project approval process for energy
				transformation projects.
(6) The
				approving body may require additional information or plan elements to be
				included in this project plan beyond those that are required by the
				comprehensive protocol.
(7) The
				project plan must be validated to verify that the proposed project conforms to
				the comprehensive protocol and any supporting documents referenced in that
				protocol. This verification step validates whether the project, as proposed in
				the project plan, meets the following conditions:
(a) The project plan is complete in that
				every issue required to be addressed by the comprehensive protocol has a
				sufficient response in the project plan.
(b) The narrative responses in the project
				plan provides a sufficient justification or evidentiary basis that, as
				proposed, the project is capable of meeting the requirements of the protocol
				and any supporting documents referenced in the protocol.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Part II - Energy transformation projects › Section 173-444-090 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of the chapter or the
				  application of the provision to other persons or circumstances is not
				  affected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this
				chapter is to implement the provisions of the GHG emissions cap and invest
				program created by
				RCW
				   70A.65.060 through
				70A.65.210.
				The provisions of the cap and invest program implemented by this chapter
				establish a declining cap on GHG emissions from covered entities consistent
				with the limits established in
				RCW
				   70A.45.020, and a program to track, verify,
				and enforce compliance with the cap through the use of compliance
				instruments.
(2) Ecology will
				engage with the environmental justice council. Ecology acknowledges and
				recognizes there are communities that have historically borne the
				disproportionate impacts of environmental burdens and that now bear the
				disproportionate negative impacts of climate change, and the legislature
				specifically empowered the environmental justice council to provide
				recommendations to ecology on the cap and invest program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
All facilities, suppliers, and first jurisdictional
				  deliverers with covered emissions that meet the applicability requirements of
				  this section are covered entities subject to this rule.
(1) Beginning with the first compliance
				period (emissions years 2023 through 2026) and for all subsequent compliance
				periods covered entities are:
(a) An owner or
				operator of a facility, other than a waste to energy facility used by a city or
				county solid waste management program, whose covered emissions for any calendar
				year from 2015 through 2022 equal or exceed 25,000 metric tons of carbon
				dioxide equivalent per year;
(b) A
				first jurisdictional deliverer, other than a waste to energy facility used by a
				city or county solid waste management program, that generates electricity in
				Washington and whose covered emissions associated with this generation for any
				calendar year equal or exceed 25,000 metric tons of carbon dioxide equivalent
				per year;
(c) A first
				jurisdictional deliverer that imports electricity into Washington, and whose
				cumulative annual total of covered emissions associated with this imported
				electricity for any calendar year, whether from specified or unspecified
				sources, equal or exceed 25,000 metric tons of carbon dioxide equivalent per
				year;
(d) Except as noted in WAC
				173-446-040, any supplier of fossil fuel other than natural gas when, for any
				calendar year from 2015 through 2022, 25,000 metric tons or more of covered
				emissions of carbon dioxide equivalent per year would result from the full
				combustion or oxidation of that fuel in Washington;
(e) Except as noted in WAC 173-446-040, any
				of the following:
(i) A party who supplies
				natural gas in amounts that would result in exceeding 25,000 metric tons of
				carbon dioxide equivalent covered emissions for any calendar year from 2015
				through 2022 if fully combusted or oxidized.
(ii) A party who is not a natural gas company
				and has a tariff with a natural gas company to deliver natural gas to an
				end-use customer in the state in amounts that would result in exceeding 25,000
				metric tons of carbon dioxide equivalent covered emissions for any calendar
				year from 2015 through 2022 if fully combusted or oxidized.
(iii) A party who is an end-use customer in
				the state who directly purchases natural gas from a party that is not a natural
				gas company and has the natural gas delivered through an interstate pipeline to
				a distribution system owned by the purchaser in amounts that would result in
				exceeding 25,000 metric tons of carbon dioxide equivalent covered emissions for
				any calendar year from 2015 through 2022 if fully combusted or
				oxidized.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-040 - Covered emissions

Current through Register Vol. 24-14, July 15, 2024
(1) Reported emissions.
				Covered emissions are GHG emissions reported under chapter 173-441 WAC except
				as modified in subsections (2) through (4) of this section. Covered emissions:
(a) Are calculated on a calendar year basis
				using chapter 173-441 WAC;
(b)
				Include emissions of all GHGs identified in WAC
				173-441-040;
(c) Are expressed in units of
				CO2e as calculated using chapter 173-441 WAC;
				and
(d) Must be based on any
				assigned emissions level under WAC
				173-441-086.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-050 - Covered and opt-in entity registration

Current through Register Vol. 24-14, July 15, 2024
(1) Any reporter under
				chapter 173-441 WAC reporting at least 25,000 metric tons of
				CO2e covered emissions per calendar year for 2015 or any
				year thereafter other than a waste to energy facility or a railroad that meets
				the applicability conditions in WAC 173-446-030 or 173-446-060 will receive
				written notice from ecology that it must register as a covered entity in
				Washington's cap and invest program. That notice will be sent to the designated
				representative and alternate designated representative as established under WAC
				173-441-060
				of each covered entity. To register, each covered entity must follow the
				registration process provided in subsection (5) of this section.
(2) The owner or operator of any reporter
				under chapter 173-441 WAC that is not a covered entity may request to be
				registered in Washington's cap and invest program as an opt-in entity. To
				register, the opt-in entity must follow the registration process provided in
				subsection (5) of this section. Upon registration, opt-in entities incur
				compliance obligations for the GHGs they emit and are subject to the same
				program requirements as covered entities.
(3) Any party who is not a reporter but is
				responsible for GHG emissions in Washington may voluntarily participate in the
				cap and invest program as an opt-in entity. To participate, these opt-in
				entities must:
(a) Report their GHG emissions
				to ecology under the voluntary reporting requirements in WAC
				173-441-030(5);
(b) Request to be registered in the cap and
				invest program as an opt-in entity;
(c) Follow the registration process provided
				in subsection (5) of this section;
(d) Incur compliance obligations for the GHGs
				they emit and are subject to the same program requirements as covered
				entities;
(e) Except as provided in
				(f) of this subsection, consent to regulation by ecology and the jurisdiction
				of the courts and administrative tribunals of the state of Washington with
				respect to any judicial or administrative enforcement action commenced by
				ecology to ensure compliance with the requirements of chapter 70A.65 RCW,
				RCW
				   70A.15.2200, chapter 173-441 WAC, and this
				chapter; and
(f) For federally
				recognized tribes who elect to participate as opt-in entities pursuant to
				RCW
				   70A.65.090(5), enter into a
				written agreement, negotiated on an individual basis between ecology and the
				tribal government, that establishes a dispute resolution process and/or other
				compliance mechanisms in order to ensure the enforceabil-ity of all program
				requirements applicable to the tribe in its role as an opt-in entity.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-053 - Electric utilities registration

Current through Register Vol. 24-14, July 15, 2024
(1) All electric
				utilities in Washington that are not required to report GHG emissions under
				chapter 173-441 WAC or that report fewer than 25,000 MT
				CO2e covered emissions per year must register to receive
				no cost allowances.
(2) To
				register, electric utilities must comply with the requirements of WAC
				173-446-105 through 173-446-130 and provide the following information to
				ecology electronically in a format specified by ecology:
(a) Name, physical and mailing addresses,
				contact information, utility type, date and place of incorporation, and ID
				number assigned by the incorporating agency;
(b) Names, addresses, and contact information
				of each of the utility's directors and officers with authority to make legally
				bind-ing decisions on behalf of the utility, and any partners with more than 10
				percent of control over the partnership, including any individual or party
				doing business as a limited partner or general partner;
(c) Names and contact information of all
				individuals or parties controlling more than 10 percent of the voting rights
				attached to all the outstanding voting securities of the utility;
(d) A business identification number, if one
				has been assigned to the utility by a Washington state agency;
(e) A government issued taxpayer or employer
				identification number, or a U.S. federal tax employer identification number, if
				one has been assigned to the utility;
(f) Disclosure of all other parties with whom
				the utility has a direct corporate association or indirect corporate
				association that must be reported pursuant to WAC 173-446-120 and a brief
				description of the association(s);
(g) Names and contact information for all
				employees of the utility with knowledge of the utility's market position
				(current and/or expected holdings of compliance instruments and current and/or
				expected covered emissions);
(h)
				Information required pursuant to WAC 173-446-056 for individuals serving as cap
				and invest consultants and advisors for registered entities participating in
				the cap and invest program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-055 - General market participants registration

Current through Register Vol. 24-14, July 15, 2024
(1) A party not
				identified as a covered entity or opt-in entity that intends to hold Washington
				compliance instruments may apply to ecology for approval to participate as a
				general market participant.
(a) The following
				parties may be general market participants:
(i) An individual, or a party that does not
				meet the requirements to be a covered entity or an opt-in entity, that intends
				to purchase, hold, sell, or voluntarily retire compliance
				instruments;
(ii) An offset project
				operator that is registered with ecology pursuant to WAC 173-446-520(1).
				Parties qualifying as general market participants under this subparagraph may
				hold offset credits without needing to fulfill the requirements of WAC
				173-446-120. Parties qualifying as general market participants under this
				subparagraph may also hold allowances, but only after fulfilling the
				requirements of WAC 173-446-120.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-060 - New or modified covered entities

Current through Register Vol. 24-14, July 15, 2024
(1) Any party that
				becomes a covered entity under the criteria set forth in any subsequent
				subsection of this section is required to transfer its first allowances to its
				compliance account by November 1st of the year following the year in which its
				covered emissions first equaled or exceeded 25,000 metric tons
				CO2e per year.
(2) Unless otherwise provided under WAC
				173-446-030, any facility, supplier, or first jurisdictional deliverer
				beginning operation or modified after January 1, 2023, becomes a covered entity
				in the calendar year in which its emissions reach the thresholds listed in WAC
				173-446-030, or upon formal notice from ecology that the facility, supplier, or
				first jurisdictional deliverer is expected to exceed those thresholds,
				whichever happens first.
(3) Any
				waste to energy facility that is used by a county or city solid waste
				management program and is newly constructed or modified after January 1, 2027,
				becomes a covered entity in the calendar year in which its emissions reach the
				thresholds listed in WAC 173-446-030, or upon formal notice from ecology that
				the facility is expected to exceed those thresholds, whichever happens
				first.
(4) Any railroad company, as
				that term is defined in
				RCW
				   81.04.010, that is newly constructed after
				January 1, 2031, becomes a covered entity in the calendar year in which its
				emissions reach 25,000 metric tons of CO2e per year, or
				upon formal notice from ecology that the company is expected to exceed those
				thresholds, whichever happens first.
(5) Any facility, supplier, or first
				jurisdictional deliverer of the types described in WAC 173-446-030(1) that were
				in operation between 2015 and 2019 but was not required to report emissions for
				2015 through 2019, or whose covered emissions in those years were below 25,000
				metric tons of CO2e per year, becomes a covered entity
				in the calendar year following the year in which its covered emissions first
				equaled or exceeded 25,000 metric tons of CO2e per year
				as reported under chapter 173-441 WAC, or upon formal notice from ecology that
				the facility, supplier, or first jurisdictional deliverer's covered emissions
				are expected to exceed 25,000 metric tons of CO2e per
				year for the first year the entity is required to report emissions, whichever
				happens first.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-070 - Exiting the program

Current through Register Vol. 24-14, July 15, 2024
(1) When a covered
				entity reports covered emissions that are below 25,000 metric tons of
				CO2e in any given calendar year during a compliance
				period, the covered entity continues to have a compliance obligation for all of
				its covered emissions through the end of that compliance period.
(2) A covered entity may exit the program
				based on the following:
(a) Except as provided
				in (b) of this subsection, when a covered entity reports covered emissions
				below 25,000 metric tons of CO2e for every year during
				an entire compliance period, or has permanently ceased all processes at the
				facility requiring reporting under chapter 173-441 WAC, the facility, supplier,
				or first jurisdictional deliverer is no longer a covered entity as of the
				beginning of the subsequent compliance period. Even though no longer a covered
				entity, the facility, supplier, or first jurisdictional deliverer must meet its
				compliance obligation for covered emissions occurring during any compliance
				period when it was a covered entity.
(b) A covered entity identified in (a) of
				this subsection will remain a covered entity if ecology provides notice at
				least 12 months before the end of the compliance period that the facility,
				supplier, or first jurisdictional deliverer's covered emissions are below the
				25,000 metric ton threshold but still within 10 percent of the 25,000 metric
				ton threshold, and the covered entity must remain a covered entity to ensure
				equity among all covered entities.
(c) Whenever a facility, supplier, or first
				jurisdictional deliverer ceases to be a covered entity, ecology will notify the
				appropriate policy and fiscal committees of the legislature of the name of the
				facility, supplier, or first jurisdictional deliverer and the reason it is no
				longer a covered entity.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › GENERAL REQUIREMENTS › Section 173-446-080 - Allowances

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology shall
				create GHG allowances as required to cover the annual allowance budgets
				determined in WAC 173-446-210.
(2)
				Ecology shall assign each GHG allowance a unique serial number that identifies
				the annual allowance budget from which the allowance originates.
(3) Each allowance is of the vintage year of
				the annual allowance budget from which it comes.
(4) Older vintage allowances must be retired
				before newer vintage allowances.
(5) Allowances do not expire and may be
				banked.
(6) Except as provided in
				this chapter, a covered or opt-in entity may not use an allowance from a future
				allowance vintage year to meet a current or past compliance obligation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › PROGRAM ACCOUNT REQUIREMENTS › Section 173-446-100 - Program accounts required

Current through Register Vol. 24-14, July 15, 2024
(1) Within 40 calendar
				days after receiving a notice to register from ecology, each registration
				applicant must make corporate association disclosures and designate account
				representatives as described in WAC 173-446-105 through 173-446-140. After
				ecology has received the required complete documents, ecology will authorize
				the required accounts for each registration applicant whose documentation meets
				the requirements of this chapter.
(2) A registered entity or registration
				applicant that is a member of a direct corporate association may apply for a
				consolidated entity account to include other associated registered entities or
				registration applicants from within the direct corporate association. To do so,
				the applicant must identify each associated registered entity or registration
				applicant that will be assigned to its account, and each associated registered
				entity or registration applicant must provide an attestation signed by its
				officer or director confirming that it seeks to be added to the consolidated
				entity account. The applicant must be able to demonstrate that it has the
				controlling ownership or authority to act on behalf of all members of the
				consolidated entity account. The applicant cannot be subsidiary to or
				controlled by another associated entity within the consolidated entity
				account.
(3) A registration
				applicant that is a member of a direct corporate association and seeks to apply
				for its own separate registered entity account, rather than apply for a
				consolidated entity account, must provide an allocation of the holding and
				purchase limits among the separate accounts established for any of its direct
				corporate associates per the requirements of WAC 173-446-120(1)(i). All members
				of a direct corporate association must independently confirm the allocation of
				holding and purchase limits.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › PROGRAM ACCOUNT REQUIREMENTS › Section 173-446-105 - Disclosure of corporate associations-Indicia of corporate association

Current through Register Vol. 24-14, July 15, 2024
(1) A corporate
				association exists when one party has an ownership interest in or control over
				a second party. The following criteria determine ownership or control:
(a) Percent of ownership of any class of
				listed shares, the right to acquire such shares, or any option to purchase such
				shares of the other party;
(b)
				Percent of common owners, directors, or officers of the other party;
(c) Percent of the voting power of the other
				party;
(d) In the case of a
				partnership other than a limited partnership, percent of the interests of the
				partnership;
(e) In the case of a
				limited partnership, the percent of control over the general partner or the
				percent of the voting rights to select the general partner; and
(f) In the case of a limited liability
				corporation, percent of ownership in the other party regardless of how the
				interest is held.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › PROGRAM ACCOUNT REQUIREMENTS › Section 173-446-120 - Disclosure of corporate association-Information to be submitted

Current through Register Vol. 24-14, July 15, 2024
(1) All registered
				entities and registration applicants must provide the following information for
				each disclosable corporate association:
(a)
				Name, contact information, and physical address of the party;
(b) Tracking system identification number, if
				applicable;
(c) Names and addresses
				and contact information of the party's directors and officers with authority to
				make legally binding decisions on behalf of the party, and partners with over
				10 percent of control over the partnership, including any individual or entity
				doing business as the limited partner or general partner;
(d) Names and contact information for
				individuals or parties controlling over 10 percent of the voting rights
				attached to all the outstanding voting securities of the party;
(e) Business number, if one has been assigned
				by a Washington state agency;
(f) A
				government issued taxpayer identification number or employer identification
				number, or for parties located in the United States, a U.S. federal tax
				employer identification number, if assigned;
(g) Place and date of incorporation, if
				applicable;
(h) Names and contact
				information for all employees of the party with knowledge of the party's market
				position (an employee who has knowledge of both the party's current and/or
				expected holdings of compliance instruments and the party's current and/or
				expected covered emissions);
(i)
				For direct corporate associations with registered entities only, the percentage
				share of the holding limit and purchase limit assigned to each party opting out
				of account consolidation pursuant to this section; the sum of the shares must
				equal 100 percent; and
(j) Any
				further information requested by ecology concerning the corporate
				association.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › PROGRAM ACCOUNT REQUIREMENTS › Section 173-446-140 - Designation of account viewing agents

Current through Register Vol. 24-14, July 15, 2024
(1) A primary account
				representative or alternate account representative designated by a registered
				entity under WAC 173-446-130 may authorize up to five individuals per account
				to act as account viewing agents who may view all information contained in the
				tracking system involving the registered entity's accounts, information, and
				transfer records (account viewing authority). The individuals delegated shall
				not have authority to take any other action with respect to an account in the
				tracking system.
(2) To delegate
				account viewing authority, the primary account representative or alternate
				account representative, as appropriate, must submit to ecology electronically
				in a format specified by ecology a notice of delegation that includes the
				following:
(a) The name, address, email
				address, and telephone number of each primary account representative or
				alternate account representative;
(b) The name, address, email address, and
				telephone number of each individual delegated to be an account viewing
				agent;
(c) Copies of at least two
				identity documents, including at least one with a photograph, issued by a
				government or one of its departments or agencies, bearing the individual's name
				and date of birth; and at least one document that is customarily accepted by
				the state of Washington as evidence of the primary residence of the individual;
				along with an attestation from a notary completed less than three months prior
				to the application, stating that the notary has established the identity of the
				individual and verifying the authenticity of the copies of the identity
				documents;
(d) The name and contact
				information of the individual's employer;
(e) Confirmation from a financial institution
				located in the United States that the individual has a deposit account with the
				institution;
(f) Any conviction for
				a criminal offense declared in any jurisdiction during the five years prior to
				designation as an account representative, or while designated as an account
				representative, constituting a felony under U.S. federal law or Washington law,
				or the equivalent thereof. The disclosure must include the type of violation,
				jurisdiction, and year; and
(g) An
				attestation verifying the selection of the account viewing agent, signed by the
				officer of the registered entity who is responsible for the conduct of the
				account viewing agent, and who is one of the officers disclosed pursuant to WAC
				173-446-120(1)(c).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › PROGRAM ACCOUNT REQUIREMENTS › Section 173-446-150 - Accounts for registered entities

Current through Register Vol. 24-14, July 15, 2024
(1)
				Creation of accounts.
(a) After ecology
				receives the required disclosures of corporate association and complete
				documents for the certification and designation of the primary and alternate
				account representatives, ecology will set up two accounts for each covered
				entity and two accounts for each opt-in entity:
(i) A compliance account through which
				compliance instruments are transferred to ecology for retirement. Compliance
				instruments in compliance accounts may not be sold, transferred, traded, or
				otherwise provided to another account or party.
(ii) A holding account for compliance
				instruments that may be bought, sold, transferred to another registered entity,
				or traded.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-446 - Climate Commitment Act program rule › ALLOWANCE BUDGETS AND DISTRIBUTION OF ALLOWANCES › Section 173-446-200 - Total program baseline

Current through Register Vol. 24-14, July 15, 2024
(1)
Total program
				baseline and subtotal baselines.
Ecology must use the following methods
				for establishing a total program baseline for this chapter.
(a) Subtotal baselines are calculated
				individually for each reporter or sector on an annual basis as described in
				subsection (2) of this section. The total program baseline is the sum of the
				subtotal baselines. The total program baseline is given in Table 200-1. Ecology
				may only adjust the total program baseline through rule making as described in
				subsections (3) and (4) of this section.
(b) Ecology may combine information from
				multiple sources and use professional judgment to adjust data sets and conform
				to this chapter when calculating subtotal baselines. Ecology may use the
				following data sources when calculating subtotal baselines depending on data
				availability, quality, applicability, and the agency's best professional
				judgment.
(i) Data reported to ecology under
				chapter 173-441 WAC;
(ii) Data
				provided or described in subsections (2) through (4) of this section;
(iii) Data voluntarily provided by covered
				parties; or
(iv) Data or estimates
				obtained or made by ecology.