Washington 2021-2022 Regular Session Status: Enacted 9 D cosponsors

SB 5126 — Concerning the Washington climate commitment act.

Last action — Effective date 7/25/2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 08, 2021. Enacted.

Prognosis

Likely to advance 66% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 D).

  • Mixed recorded votes

    3 passed, 2 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1944 added · 2132 removed

Plain-language change summary

The updated version of Senate Bill 5126 includes a new section highlighting the urgent need for coordinated action on climate change, framing it as a significant threat to both environmental and human health. It emphasizes that past greenhouse gas emission targets are not merely goals but essential benchmarks that require a comprehensive approach across various sectors to achieve. This change is important because it clarifies the state's commitment to successfully meeting these targets, which is vital for addressing climate challenges and protecting communities.

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S-1096.4 SUBSTITUTE SENATE BILL 5126 State of Washington 67th Legislature 2021 Regular Session By Senate Environment, Energy & Technology (originally sponsored by Senators Carlyle, Saldaña, Conway, Das, Frockt, Hunt, Liias, Nguyen, Pedersen, Salomon, Stanford, and Wilson, C.;
Z-0170.1 SENATE BILL 5126 State of Washington 67th Legislature 2021 Regular Session By Senators Carlyle, Saldaña, Conway, Das, Frockt, Hunt, Liias, Nguyen, Pedersen, Salomon, Stanford, and Wilson, C.;
by request of Office of the Governor) READ FIRST TIME 02/26/21.
by request of Office of the Governor Prefiled 01/08/21.
Read first time 01/11/21.
Referred to Committee on Environment, Energy & Technology.
amending RCW 70A.15.2200;
amending RCW 70A.15.1030, 70A.15.2200, and 70A.15.3000;
creating new sections;
creating a new section;
providing a contingent expiration date;
(1) The legislature finds that climate change is one of the greatest challenges facing our state and the world today, an existential crisis with major negative impacts on environmental and human health.
(1) The legislature finds that the 2020 legislature updated the state's greenhouse gas emissions limits that are to be achieved by 2030, 2040, and 2050, based on current science and emissions trends, but did not enact a comprehensive program to ensure that the emissions limits would be achieved.
Washington is experiencing environmental and community impacts due to climate change through increasingly devastating wildfires, flooding, droughts, rising temperatures and sea levels, and ocean acidification.
The greenhouse gas emissions limits established in RCW 70A.45.020 are not merely aspirational.
Rather, they are intended to guide the implementation of all other state laws and policies that have an impact on greenhouse gas emissions in the state.
Meeting the state's science-based, greenhouse gas emissions limits set forth in RCW 70A.45.020 will require coordinated, comprehensive, and multisectoral implementation of policies, programs, and laws.
Furthermore, enacted state policies, programs, and laws are currently insufficient for Washington to meet the greenhouse gas emissions limits contained in RCW 70A.45.020.
The 2021 state energy strategy p.
1 SB 5126 developed pursuant to RCW 43.21F.090 provides a road map for decarbonizing the energy sectors of the economy, including transportation, buildings, industry, and electricity.
However, the state lacks an effective regulatory, financial, and policy framework to prioritize, implement, and hold programs accountable for meeting the greenhouse gas emissions limits.
(2) The legislature further finds that Washington is already experiencing environmental and community impacts due to climate change through increasingly devastating wildfires, flooding, droughts, rising temperatures and sea levels, and ocean acidification.
(2) In 2020, the legislature updated the state's greenhouse gas emissions limits that are to be achieved by 2030, 2040, and 2050, based on current science and emissions trends, to support local and global efforts to avoid the most significant impacts from climate change.
Actions to increase resilience of our communities and ecosystems can prevent and reduce impacts to communities and our environment and improve their ability to recover.
While these limits beneficially guide the implementation of all other state laws and policies that have an impact on greenhouse gas emissions in the state, meeting these limits will require p.
Despite the requirement of RCW 70A.05.010 to develop an integrated climate change response strategy, implementing a comprehensive climate resilience strategy will require greater cross- agency coordination, strategic action, and investment.
1 SSB 5126 coordinated, comprehensive, and multisectoral implementation of policies, programs, and laws, as currently enacted systems approaches are insufficient to meet the limits.
(3) The legislature further finds that many natural disasters in Washington, such as flooding, wildfires, and drought, are exacerbated by climate change.
(3) The legislature further finds that while climate change is a global problem, there are communities that have historically borne the disproportionate impacts of environmental burdens and that now bear the disproportionate negative impacts of climate change.
In 2020, the office of the insurance commissioner's disaster resiliency work group recommended creation of a statewide disaster resilience office in the governor's office to better prepare and mitigate impacts from natural disasters through enhanced coordination.
Although the state has done great work in the past to highlight these environmental health disparities, beginning with senator Rosa Franklin's environmental equity study, and continuing through the work of the governor's interagency council on health disparities, the creation of the Washington environmental health disparities map, and recommendations of the environmental justice task force, the state can do much more to ensure that state programs address environmental equity.
Duties suggested for the disaster resilience office included developing and administering a state resiliency strategy.
(4) The legislature further finds that while enacted carbon policies can be well-intended to reduce greenhouse gas emissions and provide environmental benefits to communities, the policies may not do enough to ensure environmental health disparities are reduced and environmental benefits are provided to those communities most impacted by environmental harms from greenhouse gas and air pollutant emissions.
(4) The legislature further finds that climate change is an environmental harm that threatens human health and access to clean air, safe drinking water, nutritious food, and shelter;
(5) Therefore, in establishing a program to ensure that the state's 2030, 2040, and 2050 greenhouse gas emissions limits are achieved, the legislature intends to ensure that overburdened communities and vulnerable populations are no longer overlooked in the establishment of environmental policies.
and that vulnerable populations and overburdened communities experience a disproportionate, cumulative risk from environmental burdens, including climate change.
Under the program, the legislature intends to identify overburdened communities where the highest concentrations of greenhouse gas emissions and criteria pollutants occur, determine the sources of those emissions and pollutants, and ensure that emissions or concentration reductions are achieved in those communities.
Fossil fuel combustion is responsible for pollutants in addition to greenhouse gases, such as nitrogen dioxide, carbon monoxide, benzene, particulate matter, and others that contribute to respiratory diseases like asthma and lung cancer, which compromise public health and shorten life expectancy.
The legislature further intends to conduct an environmental justice assessment to ensure that funds and programs created under this chapter provide direct and meaningful benefits to vulnerable populations and overburdened communities.
This pollution affects all Washingtonians, but falls disproportionately on low- income communities, communities of color, and the most vulnerable of our population.
The legislature further intends to establish an environmental justice and equity advisory panel to provide recommendations for the development and implementation of the program, the distribution of funds, and the establishment of programs, activities, and projects to achieve environmental justice and environmental health goals.
Reducing our reliance on fossil fuels will therefore p.
The legislature p.
2 SB 5126 contribute to improved air quality and improved public health outcomes.
2 SSB 5126 further intends to create and adopt community engagement plans and tribal consultation frameworks in the administration of the program to ensure equitable practices for meaningful community and federally recognized tribal involvement.
(5) The legislature finds that communities experiencing environmental health disparities and other burdens created by the disproportionate impacts of pollution are less able to adapt to or recover from climate change impacts.
Finally, the legislature intends to establish this program to contribute to a healthy environment for all of Washington's communities.
In 2020, the environmental justice task force stated that environmental equity will be achieved when no single group or community faces disadvantages in dealing with the effects of the climate crisis, pollution, environmental hazards, or environmental disasters.
The environmental justice task force recommended measurable goals and model policies to:
Improve government accountability to communities;
incorporate environmental justice into government structures, systems, and policies;
invest equitably;
and improve environmental enforcement.
(6) The legislature finds that Washington state is home to some of the world's most innovative companies, a highly skilled workforce, and important industries.
As our state transitions away from a fossil fuel-based economy, we must do so in a way that protects these assets and allows our businesses and workforce to thrive.
By implementing a comprehensive climate program that invests in clean and resilient infrastructure, we can reduce our state's greenhouse gas emissions while supporting good paying jobs.
In doing so, we recognize that some industries are emissions-intensive and trade-exposed, and thus have the incentive to be energy efficient.
These industries must be given special consideration enabling them to innovate, remain globally competitive, and ensure these industries and jobs remain in Washington.
(7) In 2020, the legislature passed chapter 120, Laws of 2020 (Engrossed Second Substitute House Bill No.
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2528), which requires that any state carbon program must support the policies stated in that act and must recognize the forest product industry's contribution to the state's climate response.
Therefore, the legislature finds that a comprehensive climate program should include investing in industry sectors that act as sequesterers of carbon.
It is stated as the policy of the state to support the complete forest products sector, which includes landowners, mills, bioenergy, pulp and paper, and the related harvesting and transportation infrastructure;
and to utilize carbon accounting land use, land use change, and forestry reporting principles consistent with established reporting guidelines, such as those used by the intergovernmental p.
3 SB 5126 panel on climate change and as used in the United States' national greenhouse gas reporting inventories.
(8) The legislature finds that additional statutory authority is needed in order to adopt certain emission standards to meet the greenhouse gas limits and implement a comprehensive climate program.
In Association of Washington Business v.
Washington Department of Ecology (No.
12 95885-8, January 16, 2020), the Washington supreme court held that certain regulations establishing emission standards for producers and distributors of fossil fuels were invalid because the department of ecology lacked sufficient statutory authority to establish emission standards for indirect emissions associated with the combustion of the fuel produced or distributed by those particular entities.
(9) Therefore, the legislature intends to fully institutionalize and operationalize the greenhouse gas limits by expressly providing such authority under chapter 70A.15 RCW, the clean air act, to enact emission standards, and create a cap on greenhouse gas emissions, as part of a comprehensive state climate, energy, and resilience program.
The purpose of this program is to meet Washington state's commitment to its present and future generations to fully address the climate crisis by achieving the state's greenhouse gas limits in RCW 70A.45.020, improving our resilience to climate change impacts, and ensuring an equitable and inclusive transition to a carbon-neutral economy by 2050.
(10) It is the intent of the legislature that the programs authorized by this act be implemented in a manner that is consistent with the recommendations of the environmental justice task force, and in consultation with tribal governments;
be implemented alongside the clean fuels standard program established in chapter .
(House Bill No.
1036), Laws of 2021, and other complementary policies and programs that reduce greenhouse gas emissions associated with the consumption of fossil fuels and electricity in the state;
and support investments in clean transportation, natural climate resilience solutions, clean energy transition and assistance, and emissions reduction projects that prioritize the equitable distribution of benefits to vulnerable populations and overburdened communities.
(1) "Allowance" means an authorization to emit up to one metric ton of carbon dioxide equivalent.
p.
4 SB 5126 (1) "Allowance" means an authorization to emit up to one metric ton of carbon dioxide equivalent.
(4) "Asset controlling supplier" means any entity that owns or operates interconnected electricity generating facilities or serves as an exclusive marketer for these facilities even though it does not own them, and has been designated by the department and received a department-published emissions factor for the wholesale electricity procured from its system.
(4) "Auction" means the process of selling greenhouse gas allowances by offering them up for bid, taking bids, and then distributing the allowances to winning bidders.
The department shall use a methodology consistent with the methodology used by an external greenhouse gas emissions trading program that shares the regional electricity transmission system.
(5) "Auction floor price" means a price for allowances below which bids at auction would not be accepted.
Electricity from asset controlling suppliers is considered a specified source of electricity.
(6) "Auction purchase limit" means the limit on the number of allowances one registered entity or a group of affiliated registered entities may purchase from the share of allowances sold at an auction.
(5) "Auction" means the process of selling greenhouse gas allowances by offering them up for bid, taking bids, and then distributing the allowances to winning bidders.
(7) "Carbon dioxide equivalent" means a measure used to compare the emissions from various greenhouse gases based on their global warming potential.
(6) "Auction floor price" means a price for allowances below which bids at auction would not be accepted.
(8) "Climate commitment" means the process and institutional mechanism established pursuant to this act for the state to achieve the statewide greenhouse gas limits established in RCW 70A.45.020 by certain dates.
(7) "Auction purchase limit" means the limit on the number of allowances one registered entity or a group of affiliated registered entities may purchase from the share of allowances sold at an auction.
(9) "Climate resilience" is the ongoing process of anticipating, preparing, and adapting to changes in climate and minimizing negative impacts to our natural systems, infrastructure, and communities.
p.
3 SSB 5126 (8) "Biomass" means nonfossilized and biodegradable organic material originating from plants, animals, and microorganisms, including products, by-products, residues, and waste from agriculture, forestry, and related industries as well as the nonfossilized and biodegradable organic fractions of industrial waste, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material.
(9) "Biomass-derived fuels," "biomass fuels," or "biofuels" means fuels derived from biomass that have at least 50 percent lower greenhouse gas emissions based on a full life-cycle analysis when compared to petroleum fuels.
(10) "Carbon dioxide equivalent" means a measure used to compare the emissions from various greenhouse gases based on their global warming potential.
(11) "Carbon dioxide removal" means deliberate human activities removing carbon dioxide from the atmosphere and durably storing it in geological, terrestrial, or ocean reservoirs, or in products.
"Carbon dioxide removal" includes existing and potential anthropogenic enhancement of biological or geochemical sinks and including, but not limited to, direct air capture and storage and carbon mineralization, but excludes natural carbon dioxide uptake not directly caused by human activities.
(12) "Climate commitment" means the process and institutional mechanism established pursuant to this act for the state to achieve the statewide greenhouse gas limits established in RCW 70A.45.020 by certain dates.
(13) "Climate resilience" is the ongoing process of anticipating, preparing, and adapting to changes in climate and minimizing negative impacts to our natural systems, infrastructure, and communities.
(14) "Compliance instrument" means an allowance or offset credit issued by the department or by an external greenhouse gas emissions trading program to which Washington has linked its greenhouse gas emissions cap and invest program.
(10) "Compliance instrument" means an allowance or offset credit issued by the department or by an external greenhouse gas emissions trading program to which Washington has linked its greenhouse gas p.
5 SB 5126 emissions cap and trade program.
(11) "Compliance obligation" means the requirement to turn in to the department the number of compliance instruments equivalent to a covered or opt-in entity's covered emissions during the compliance period.
(12) "Compliance period" means the four-year period for which the compliance obligation is calculated for covered entities.
(13) "Comprehensive program" means the governance structure established pursuant to this act to carry out the state's greenhouse gas limits in RCW 70A.45.020, ensure a coordinated and strategic approach to advancing climate resilience and environmental justice, and achieving an equitable and inclusive transition to a carbon- neutral economy.
(14) "Covered emissions" means the emissions for which a covered entity has a compliance obligation under section 7 of this act.
(15) "Covered entity" means a person that is designated by the department as subject to sections 5 through 18 of this act.
(16) "Cumulative impact" means the combined impact of multiple environmental health factors on a population.
(17) "Department" means the department of ecology.
(18) "Emissions containment reserve allowance" means a conditional allowance that is withheld from sale at an auction by the department or its agent to secure additional emission reductions in the event prices fall below the emissions containment reserve trigger price.
(19) "Emissions containment reserve trigger price" means the price below which allowances will be withheld from sale by the department or its agent at an auction, as determined by the department by rule.
(20) "Emissions threshold" means the greenhouse gas emission level at or above which a person has a compliance obligation.
(21) "Environmental benefits" are those that:
(a) Prevent or reduce existing environmental burdens or associated risks that contribute significantly to the cumulative impact;
(b) meaningfully protect highly impacted communities and vulnerable populations from, or support community response to, the impacts of environmental harm;
or (c) meet a community need identified by a vulnerable population that is consistent with the intent of this act and endorsed by the environmental justice work group.
4 SSB 5126 (15) "Compliance obligation" means the requirement to turn into the department the number of compliance instruments equivalent to a covered or opt-in entity's covered emissions during the compliance period.
6 SB 5126 (22) "Environmental harm" means the individual or cumulative risks to communities caused by:
(16) "Compliance period" means the four-year period for which the compliance obligation is calculated for covered entities.
Historic, current, and projected exposure to conventional and toxic hazards in the air, water, and land;
(17) "Comprehensive program" means the governance structure established pursuant to this act to carry out the state's greenhouse gas limits in RCW 70A.45.020, ensure a coordinated and strategic approach to advancing climate resilience and environmental justice, and achieving an equitable and inclusive transition to a carbon- neutral economy.
adverse environmental conditions caused or made worse by contamination or pollution or that create vulnerabilities to climate impacts;
(18) "Cost burden" means the impact on rates or charges to customers of electric utilities in Washington state for the incremental cost of electricity service to serve load due to the compliance cost for greenhouse gas emissions caused by the program.
and impacts from climate change.
(19) "Covered emissions" means the emissions for which a covered entity has a compliance obligation under section 9 of this act.
(23) "Environmental impacts" are those that create environmental benefits or environmental burdens.
(20) "Covered entity" means a person that is designated by the department as subject to sections 7 through 21 of this act.
(24) "Environmental justice" means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
(21) "Cumulative impact" means the combined, multiple environmental harms and health impacts on a vulnerable population or overburdened community.
(25) "Environmental justice assessment" means using an intersectional lens to address disproportionate environmental and health impacts in all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations in overburdened communities, equitably distributing resources and benefits, and eliminating harm.
(22) "Department" means the department of ecology.
(26) "External greenhouse gas emissions trading program" means a government program, other than Washington's program created in this chapter, that restricts greenhouse gas emissions from sources outside of Washington through emissions trading.
(23) "Electricity importer" means:
(27) "Facility" has the same definition as in RCW 70A.15.2200(5)(h)(iv).
(a) For electricity that is scheduled with a NERC e-tag to a final point of delivery inside the state of Washington, the electricity importer is identified on the NERC e-tag as the purchasing-selling entity on the last segment of the tag's physical path with the point of receipt located outside the state of Washington and the point of delivery located inside the state of Washington;
(28) "First jurisdictional deliverer" means the first person over which the state of Washington has jurisdiction that generates or procures electricity for use within the state and delivers the electricity to the first point of delivery into the state.
(b) For facilities physically located outside the state of Washington with the first point of interconnection to a Washington balancing authority's transmission and distribution system when the electricity is not scheduled on a NERC e-tag, the electricity importer is the facility operator or owner or scheduling coordinator;
(29) "General market participant" means a registered entity that is not identified as a covered entity or an opt-in entity that is registered in the program registry and intends to purchase, hold, sell, or voluntarily retire compliance instruments.
(c) For electricity imported through a centralized market, the electricity importer will be defined by rule consistent with the definition in rules required under section 9(2)(a) of this act;
(30) "Greenhouse gas" has the same meaning as in RCW 70A.45.010.
(31) "Holding limit" means the maximum number of allowances that may be held for use or trade by a registered entity at any one time.
(32) "Imported electricity" means electricity generated outside the state of Washington and delivered for use within the state, but which did not originate from any jurisdiction with which Washington has a linkage agreement.
5 SSB 5126 (d) For electricity from facilities allocated to serve retail electricity customers of a multijurisdictional electric company, the electricity importer is the multijurisdictional electric company;
7 SB 5126 (33) "Leakage" means a reduction in emissions of greenhouse gases within the state that is offset by a directly attributable increase in greenhouse gas emissions outside the state.
(e) If the importer identified under (a) of this subsection is a federal power marketing administration over which the state of Washington does not have jurisdiction, and the federal power marketing administration has not voluntarily elected to comply with the program, then the electricity importer is the next purchasing- selling entity in the physical path on the NERC e-tag, or if no additional purchasing-selling entity over which the state of Washington has jurisdiction, then the electricity importer is the electric utility that operates the Washington transmission or distribution system, or the generation balancing authority;
(34) "Limits" means the greenhouse gas emissions reductions required by RCW 70A.45.020.
or (f) If the importer identified under (b) of this subsection is a federal power marketing administration over which the state of Washington does not have jurisdiction, and the federal power marketing administration has not voluntarily elected to comply with the program, then the electricity importer is the electric utility that operates the Washington transmission or distribution system, or the generation balancing authority.
(35) "Linkage agreement" means a formal agreement that connects two or more greenhouse gas market programs to reciprocally recognize each jurisdiction's compliance instruments.
(24) "Emissions containment reserve allowance" means a conditional allowance that is withheld from sale at an auction by the department or its agent to secure additional emissions reductions in the event prices fall below the emissions containment reserve trigger price.
(36) "Offset credit" means a tradable compliance instrument that represents an emissions reduction or emissions removal of one metric ton of carbon dioxide equivalent.
(25) "Emissions containment reserve trigger price" means the price below which allowances will be withheld from sale by the department or its agent at an auction, as determined by the department by rule.
(37) "Offset project" means a project that reduces or removes greenhouse gases that are not covered emissions under this chapter.
(26) "Emissions threshold" means the greenhouse gas emission level at or above which a person has a compliance obligation.
(38) "Offset protocols" means a set of procedures and standards to quantify greenhouse gas reductions or greenhouse gas removals achieved by an offset project.
(27) "Environmental benefits" means activities that:
(39) "Overburdened communities" has the same meaning as "highly impacted community" as defined in RCW 19.405.020.
(a) Prevent or reduce existing environmental harms or associated risks that contribute significantly to cumulative environmental health impacts;
(40) "Person" has the same meaning as defined in RCW 70A.15.2200(5)(h)(iii).
(b) Prevent or mitigate impacts to overburdened communities and vulnerable populations from, or support community response to, the impacts of environmental harm;
(41) "Point of delivery" means a point on the electricity transmission or distribution system physically located in Washington where a power supplier delivers electricity for use in the state.
or p.
6 SSB 5126 (c) Meet a community need identified by an overburdened community or vulnerable population that is consistent with the intent of this chapter.
(28) "Environmental harm" means the individual or cumulative environmental health impacts and risks to communities caused by historic, current, and projected:
(a) Exposure to pollution, conventional or toxic pollutants, environmental hazards, or other contamination in the air, water, and land;
(b) Adverse environmental effects, including exposure to contamination, hazardous substances, or pollution that increase the risk of adverse environmental health outcomes or create vulnerabilities to climate impacts;
and (c) Health and economic impacts from climate change.
(29) "Environmental impacts" means environmental benefits or environmental harms, or the combination of environmental benefits and harms, resulting from a proposed action.
(30) "Environmental justice" means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
This includes addressing disproportionate environmental and health impacts in all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations and overburdened communities, equitably distributing resources and benefits, and eliminating harm.
(31) "Environmental justice assessment" means using an intersectional lens to address disproportionate environmental and health impacts in all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations in overburdened communities, equitably distributing resources and benefits, and eliminating harm.
(32) "External greenhouse gas emissions trading program" means a government program, other than Washington's program created in this chapter, that restricts greenhouse gas emissions from sources outside of Washington through emissions trading.
(33) "Facility" means any physical property, plant, building, structure, source, or stationary equipment located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right-of-way and p.
7 SSB 5126 under common ownership or common control, that emits or may emit any greenhouse gas.
(34) "First jurisdictional deliverer" means the owner or operator of an electric generating facility in Washington or an electricity importer.
(35) "General market participant" means a registered entity that is not identified as a covered entity or an opt-in entity that is registered in the program registry and intends to purchase, hold, sell, or voluntarily retire compliance instruments.
(36) "Greenhouse gas" has the same meaning as in RCW 70A.45.010.
(37) "Holding limit" means the maximum number of allowances that may be held for use or trade by a registered entity at any one time.
(38) "Imported electricity" means electricity generated outside the state of Washington with a final point of delivery within the state, but which did not originate from any jurisdiction with which Washington has a linkage agreement.
(a) "Imported electricity" includes electricity from an organized market, such as the energy imbalance market.
(b) Electricity from a system that is marketed by a federal power marketing administration shall be construed as "imported electricity," not electricity generated in the state of Washington.
(c) "Imported electricity" does not include electricity imports of unspecified electricity that are netted by exports of unspecified electricity to any jurisdiction not covered by a linked program by the same entity within the same hour.
(d) For a multijurisdictional electric company, "imported electricity" includes electricity from facilities that contribute to a common system power pool that are allocated to serve retail load in Washington pursuant to a cost allocation methodology approved by the utilities and transportation commission.
(39) "Leakage" means a reduction in emissions of greenhouse gases within the state that is offset by a directly attributable increase in greenhouse gas emissions outside the state and outside the geography of another jurisdiction with a linkage agreement.
(40) "Limits" means the greenhouse gas emissions reductions required by RCW 70A.45.020.
(41) "Linkage" means a bilateral or multilateral decision between greenhouse gas market programs to accept compliance instruments issued by a participating jurisdiction to meet the obligations of p.
8 SSB 5126 regulated entities in a partner jurisdiction and to otherwise coordinate activities to facilitate operation of a joint market.
(42) "Linkage agreement" means a nonbinding agreement that connects two or more greenhouse gas market programs and articulates a mutual understanding of how jurisdictions will work together to facilitate a connected greenhouse gas market.
(43) "Multijurisdictional electric company" means an investor- owned utility that provides electricity to customers in Washington and in one or more other states in a contiguous service territory or from a common power system.
(44) "NERC e-tag" means North American electric reliability corporation (NERC) energy tag representing transactions on the North American bulk electricity market scheduled to flow between or across balancing authority areas.
(45) "Offset credit" means a tradable compliance instrument that represents an emissions reduction or emissions removal of one metric ton of carbon dioxide equivalent.
(46) "Offset project" means a project that reduces or removes greenhouse gases that are not covered emissions under this chapter.
(47) "Offset protocols" means a set of procedures and standards to quantify greenhouse gas reductions or greenhouse gas removals achieved by an offset project.
(48) "Overburdened community" means a geographic area where vulnerable populations face combined, multiple environmental harms and health impacts and includes, but is not limited to, highly impacted communities as defined in RCW 19.405.020.
(49) "Person" has the same meaning as defined in RCW 70A.15.2200(5)(h)(iii).
(50) "Point of delivery" means a point on the electricity transmission or distribution system physically located in Washington where a power supplier delivers electricity.
(51) "Program" means the greenhouse gas emissions cap and invest program created by and implemented pursuant to this chapter.
(42) "Program" means the greenhouse gas emissions cap and invest program created by and implemented pursuant to this chapter.
(52) "Program registry" means the data system in which covered parties, opt-in entities, and general market participants are p.
(43) "Program registry" means the data system in which covered parties, opt-in entities, and general market participants are registered and in which compliance instruments are recorded and tracked.
9 SSB 5126 registered and in which compliance instruments are recorded and tracked.
(44) "Registered entity" means a covered entity, opt-in entity, or general market participant that has completed the process for registration in the program registry.
(53) "Registered entity" means a covered entity, opt-in entity, or general market participant that has completed the process for registration in the program registry.
(45) "Resilience" is the ability to prepare, mitigate and plan for, withstand, recover from, and more successfully adapt to adverse p.
(54) "Resilience" is the ability to prepare, mitigate and plan for, withstand, recover from, and more successfully adapt to adverse events and changing conditions, and reorganize in an equitable manner that results in a new and better condition.
8 SB 5126 events and changing conditions, and reorganize in an equitable manner that results in a new and better condition.
(55) "Retire" means to permanently remove a compliance instrument such that the compliance instrument may never be sold, traded, or otherwise used again.
(46) "Retire" means to permanently remove a compliance instrument such that the compliance instrument may never be sold, traded, or otherwise used again.
(56) "Supplier" means a supplier of fuel in Washington state as defined in RCW 70A.15.2200(5)(h)(ii).
(47) "Supplier" means a supplier of fuel in Washington state as defined in RCW 70A.15.2200(5)(h)(ii).
(57) "Transfer" means to transfer an allowance or compliance instrument to the department, either to meet a compliance obligation or on a voluntary basis.
(48) "Transfer" means to transfer an allowance or compliance instrument to the department, either to meet a compliance obligation or on a voluntary basis.
(58)(a) "Vulnerable populations" means population groups that may be more likely to have adverse health outcomes in response to environmental harms, due to:
(49) "Vulnerable populations" has the same meaning as defined in RCW 19.405.020.
(i) Adverse socioeconomic factors, such as unemployment, high housing and transportation costs relative to income, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that negatively affect health outcomes and increase vulnerability to the effects of environmental harms;
and (ii) sensitivity factors, such as low birth weight and higher rates of hospitalization.
(b) "Vulnerable populations" includes, but is not limited to, racial or ethnic minority, low-income populations disproportionately impacted by environmental harms or pollution, and populations of workers experiencing environmental risks.
ENVIRONMENTAL JUSTICE REVIEW.
CLIMATE COMMITMENT.
(1) To ensure that the program created in sections 7 through 21 of this act achieves reductions in greenhouse gas emissions and other criteria pollutants in overburdened communities highly impacted by air pollution, the department must:
(1) The governor shall establish a comprehensive program to implement the state's climate commitment.
(a) Utilize the department of health's environmental health disparities map and complementary data to identify a high priority list of overburdened communities where the highest emissions or p.
The purpose of the comprehensive program is to provide accountability and authority for achieving the state's greenhouse gas limits in RCW 70A.45.020, to establish a coordinated and strategic statewide approach to climate resilience, and to build an equitable and inclusive clean energy economy.
10 SSB 5126 concentrations of greenhouse gas emissions and criteria pollutants are occurring;
(2) The comprehensive program for implementing the state's climate commitment must be based on the state's following principles:
and (b) Within the identified communities, analyze and determine which covered entities are the greatest sources of emissions and criteria pollutants and develop a high priority list of emitters.
(a) The program must be holistic and address the needs, challenges, and opportunities to meet the climate commitment.
(2) Using the lists developed in subsection (1) of this section, the department must track greenhouse gas emissions and criteria pollutants in the identified overburdened communities.
(b) The program must address emission reductions from all relevant sectors and sources by ensuring that emitters are responsible for meeting targeted greenhouse gas reductions and that the government provides clear policy and requirements, financial tools, and other mechanisms to support achieving those reductions.
(3)(a) Beginning in 2025, and every two years thereafter, the department must conduct a review to determine if greenhouse gases and criteria pollutants are being reduced in the overburdened communities identified under subsection (1) of this section.
(c) The program must support an equitable transition for vulnerable populations and overburdened communities, including through early and meaningful engagement of overburdened communities and workers to ensure the program achieves equitable and just outcomes.
(b) If this review finds that greenhouse gases and criteria pollutants are not being reduced in any identified overburdened community, then the department, in consultation with local air pollution control authorities, must identify the covered entities that are the sources of those emissions that are either increasing or not decreasing and:
(d) The program must build increasing climate resilience for at- risk communities and ecosystems through cross-sectoral coordination, strategic planning, and cohesive policies.
(i) Adopt, along with local air pollution control authorities, stricter air quality standards, emission standards, or emissions limitations;
(e) The program must apply the most current, accurate, and complete scientific and technical information available to guide the state's climate actions and strategies.
or (ii) Reduce offset limits as established in section 17 of this act for any covered entity identified under this subsection (3)(b);
or (iii) Revise any linkage agreement necessary to ensure reductions of emissions by any covered entity identified under this subsection (3)(b).
(4)(a) In developing the lists under subsection (1) of this section, the department must create and adopt a community engagement plan to describe how it will engage with overburdened communities and vulnerable populations in:
(i) Identifying high priority communities and emitters in those communities;
and (ii) Tracking and evaluating greenhouse gases and criteria pollutant emissions in those areas.
(b) The plan must include methods for outreach and communication with those who face barriers, language or otherwise, to participation.
11 SSB 5126 NEW SECTION.
9 SB 5126 (f) The program must be developed and implemented in consultation and collaboration with all levels of government and civil society.
(g) The program must be implemented with sustained leadership, resources, clear governance, and prioritized investments at the scale necessary to meet the statutory emissions limits.
(h) The program must achieve progress in meeting emissions limits in the most effective and efficient manner possible and must include periodic measurement and reporting of progress and changes to the program as needed to meet the limits.
(3) The comprehensive program for implementing the state's climate commitment must include, but not be limited to, the following elements:
(a) A strategic plan for aligning existing law, rules, policies, programs, and plans with the state's greenhouse gas limits, to the full extent allowed under existing authority;
(b) Common state policies, standards, and procedures for addressing greenhouse gas emissions and climate resilience, including grant and funding programs, infrastructure investments, and planning and siting decisions;
(c) A process for prioritizing and coordinating funding consistent with strategic needs for greenhouse gas reductions, equity and environmental justice, and climate resilience actions;
(d) An updated statewide strategy for addressing climate risks and improving resilience of communities and ecosystems;
(e) A comprehensive community engagement plan that addresses and mitigates barriers to engagement from vulnerable populations, overburdened communities, and other historically or currently marginalized groups;
(f) An analysis of gaps and conflicts in state law and programs, with recommendations for improvements to state law;
(4) To ensure mutual respect for the rights, interests, and obligations of each sovereign Indian tribe, the governor must develop a framework for government-to-government consultation with Indian tribes consistent with the centennial accord, chapter 43.376 RCW, and applicable tribal policies.
The consultation must ensure meaningful tribal engagement on the implementation of this act, including rule making, programmatic decisions, and investment decisions.
Within this framework, at least once each year the governor must invite all federally recognized Indian tribes with reserved rights within the geographical boundaries of the state to meet in government-to- p.
10 SB 5126 government consultation.
The purpose of the meeting is to share information, views, tribal knowledge and science, and recommendations regarding the progress of implementing the state's carbon commitment and investing carbon-related revenues, to strengthen climate resilience in communities throughout the state, to strengthen climate resilience in the water and natural resources shared by all citizens in the state, and to ensure a just transition to a clean energy economy.
NEW SECTION.
ENVIRONMENTAL JUSTICE ASSESSMENT.
CLIMATE COMMITMENT TASK FORCE.
(1) When allocating funds from the climate investment account created in section 23 of this act or administering grants or programs funded by the account, agencies shall conduct an environmental justice assessment and establish 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 in section 3 of this act through:
(1)(a) The governor's office shall convene a climate commitment task force with state agencies, other governments, and stakeholders by July 1, 2021.
(a) The direct reduction of environmental burdens in overburdened communities;
In making these appointments the governor shall seek diverse representation of stakeholders, including members of overburdened communities.
(b) the reduction of disproportionate, cumulative risk from environmental burdens, including climate change;
The governor or the governor's designee must chair the climate commitment task force convened under this section and must appoint task force members.
(c) the support of community led project development, planning, and participation costs;
The governor or the governor's designee must convene the initial meeting of the task force.
or (d) meeting a community need identified by vulnerable members of the community that is consistent with the intent of this chapter.
The task force is a class one group under RCW 43.03.220.
(2) The environmental justice assessment must adhere to the following principles:
(b) The duties of the climate commitment task force are to develop recommendations to the legislature on the establishment of a state comprehensive climate, energy, and resilience program to implement the state's climate commitment in accordance with the purpose, principles, and elements in section 3 of this act.
(a) Benefits and programs should be directed to areas and targeted to vulnerable populations and overburdened communities to reduce statewide disparities;
(2)(a) The climate commitment task force must develop preliminary recommendations by November 1, 2021.
(b) investments and benefits should be made proportional to the health disparities that a specific community experiences to eliminate the disparities;
By December 1, 2021, the governor's office must submit, in compliance with RCW 43.01.036, a report to the legislature with findings and recommendations of the climate commitment task force.
(c) investments and programs should focus on creating environmental benefits, including eliminating health burdens, creating community and population resilience, and raising the quality of life of those in the community;
The report must include recommendations for the following:
and (d) efforts should be made to balance investments and benefits across the state and within counties, local jurisdictions, and unincorporated areas as appropriate to reduce disparities by location and to ensure efforts contribute to a reduction in disparities that exist based on race or ethnicity, socioeconomic status, or other factors.
(i) A governance structure to achieve the desired outcomes described in section 3 of this act that considers both existing state capacity, resources, expertise, and authorities, and necessary enhancements to these governance features;
(3) Agencies allocating funds or administering grants or programs from the climate investment account must:
(ii) Reporting requirements and frequency, and other accountability measures, including mechanisms for legislative and executive oversight and any changes to existing statutory reporting requirements, such as RCW 70A.45.020;
(a) Report annually to the environmental justice and equity advisory panel in section 5 of this act and the office of equity regarding progress toward meeting environmental justice and environmental health goals;
(iii) A formal process for coordinating across state government, with other governments, including tribal and local governments, and p.
and (b) Consider recommendations by the environmental justice and equity advisory panel developed under section 5(3) of this act;
11 SB 5126 with key stakeholder groups, such as interagency councils, advisory boards, or expert panels;
and (c)(i) Create and adopt a community engagement plan to describe how it will engage with overburdened communities and vulnerable p.
(iv) The funding authorities and structures necessary to facilitate investments, including recommendations around public- private partnerships;
12 SSB 5126 populations in allocating funds or administering grants or programs from the climate investment account.
(v) Suggested duties and roles related to resilience that considers recommendations and 2020 reports on disaster resilience and climate resilience from the office of the insurance commissioner and office of financial management;
(ii) The plan must include methods for outreach and communication with those who face barriers, language or otherwise, to participation.
(vi) Necessary changes to statutory requirements and additional authority needed to implement the state's climate commitment.
This includes proposed legislation, necessary funding, and a schedule to implement the recommended comprehensive program in section 3 of this act, including any reorganization or consolidation of existing state programs or authorities.
(b) It is the intent of the legislature that the appropriate committees of the legislature review the report submitted under (a) of this subsection and take appropriate action during the 2022 legislative session.
(3) The definitions in section 2 of this act apply throughout this section unless the context clearly requires otherwise.
(4) This section expires December 31, 2022.
ENVIRONMENTAL JUSTICE AND EQUITY ADVISORY PANEL.
(1) The office of equity shall establish an environmental justice and equity advisory panel to provide recommendations to the legislature, agencies, and the governor in the development and implementation of the program established in sections 7 through 21 of this act, and the programs funded from the climate investment account created in section 23 of this act.
(2) The office of equity must convene the environmental justice and equity advisory panel by January 1, 2023.
The office of equity may seek nominations or recommendations from organizations across the state representing the interests specified in this section.
Members of the panel must be selected for geographic and organizational diversity and must include the following:
(a) Individuals representing the interests of vulnerable populations residing in overburdened communities in different geographic areas of the state with expertise in environmental justice and equity issues;
(b) Individuals representing union labor with expertise in economic dislocation, clean energy economy, or emissions-intensive, trade-exposed facilities;
(c) At least two members representing federally recognized tribes, with at least one from eastern Washington and one from western Washington;
and (d) The chair appointed under subsection (4) of this section.
(3) The purpose of the panel is to:
(a) Provide recommendations to the legislature, agencies, and the governor in the development of:
(i) The program established in sections 7 through 21 of this act including, but not limited to, linkage agreements with other jurisdictions, protocols for establishing offset projects and securing offset credits, and administration of allowances under the program;
and (ii) Investment plans and funding proposals for the programs funded from the climate investment account for the purpose of p.
13 SSB 5126 providing environmental benefits and reducing environmental health disparities within overburdened communities identified under section 3 of this act;
(b) Provide a forum to analyze policies adopted under this chapter to determine if the policies lead to improvements within overburdened communities identified under section 3 of this act;
(c) Recommend procedures and criteria for evaluating programs, activities, or projects for review;
(d) Recommend copollutant emissions reduction goals in overburdened communities;
(e) Evaluate the level of funding provided to assist vulnerable populations, low-income individuals, and impacted workers and the funding of projects and activities located within or benefiting overburdened communities;
(f) Recommend environmental justice and environmental health goals for programs, activities, and projects funded from the climate investment account, and review agency annual reports on outcomes and progress toward meeting goals;
(g) Provide recommendations to implementing agencies for meaningful consultation with vulnerable populations, including community engagement plans under sections 3 and 4 of this act;
and (h) Recommend how to support public participation through capacity grants for participation.
(4) The governor shall appoint a chair, subject to confirmation by the senate, who is responsible for overseeing the duties of the environmental justice and equity advisory panel.
The chair is paid a salary fixed by the governor in accordance with RCW 43.03.040.
If a vacancy occurs in the position of the chair while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time the governor shall present to that body the governor's nomination for the position.
(5) The environmental justice and equity advisory panel shall meet on a schedule established by the office of equity, in consultation with the department, to allow for timely and substantive input into processes and decisions consistent with its purpose.
(6) The office of equity shall provide all administrative and staff support for the environmental justice and equity advisory panel.
(7) The environmental justice and equity advisory panel constitutes a class one group under RCW 43.03.220.
Expenses for this p.
14 SSB 5126 group must be included in costs to support and administer the program and are an allowable expense under section 23(2)(a) of this act.
(8) In consultation with the office of equity and the environmental justice council, the governor may administratively address how to effectively coordinate the work of the environmental justice and equity advisory panel with the work of the environmental justice council, to ensure efficient operations and policy alignment across state environmental justice work, subject to enactment of chapter .
(Substitute Senate Bill No.
5141), Laws of 2021.
NEW SECTION.
Sec.
6.
TRIBAL CONSULTATION.
(1) Before allocating funding or administering grant programs appropriated from the climate investment account, agencies must engage in consultation with federally recognized tribes on all funding decisions and programs that may impact, infringe upon, or impair the governmental efforts of federally recognized tribes to adopt or enforce their own standards governing or protecting the tribe's resources or other rights and interests in their tribal lands and lands within which a tribe or tribes possess rights reserved by treaty.
The consultation shall occur pursuant to chapter 43.376 RCW and is independent of any public participation process required by state law, or by a state agency, and regardless of whether the agency receives a request for consultation from a federally recognized tribe.
Agencies shall develop a consultation framework in coordination with tribal governments that includes best practices, protocols for communication, and collaboration with federally recognized tribes.
(2) If any funding decision or program that impacts lands within which a tribe or tribes possess rights reserved by federal treaty, statute, or executive order is undertaken or funded under this act without such consultation with a federally recognized tribe, an affected tribe may request that all further action on the decision or program cease until meaningful consultation with any directly impacted federally recognized tribe is completed.
NEW SECTION.
Sec.
7.
(2) The program must consist of:
(a) Annual allowance budgets that limit emissions from covered entities, as provided in sections 5 through 7 of this act;
(b) Defining those entities covered by the program, and those entities that may voluntarily opt into coverage under the program, as provided in sections 5 through 7 of this act;
(c) Distribution of emission allowances by auction, as provided in section 9 of this act, and through the allowance price containment provisions under sections 13 and 14 of this act;
(d) Providing for offset credits as a method for meeting a compliance obligation, pursuant to section 15 of this act;
15 SSB 5126 (2) The program must consist of:
12 SB 5126 (e) Defining the compliance obligation for covered entities, as provided in section 16 of this act;
(a) Annual allowance budgets that limit emissions from covered entities, as provided in this section and sections 8 and 9 of this act;
(f) Establishing the authority of the department to enforce the program requirements, as provided in section 17 of this act;
(b) Defining those entities covered by the program, and those entities that may voluntarily opt into coverage under the program, as provided in this section and sections 8 and 9 of this act;
(g) Creating a climate investment account for the deposit of receipts from the distribution of emission allowances, as provided in section 20 of this act;
(c) Distribution of emission allowances, as provided in section 11 of this act, and through the allowance price containment provisions under sections 15 and 16 of this act;
(d) Providing for offset credits as a method for meeting a compliance obligation, pursuant to section 17 of this act;
(e) Defining the compliance obligation for covered entities, as provided in section 19 of this act;
(f) Establishing the authority of the department to enforce the program requirements, as provided in section 20 of this act;
(g) Creating a climate investment account for the deposit of receipts from the distribution of emission allowances, as provided in section 23 of this act;
and (j) Creating, in section 5 of this act, an environmental justice and equity advisory panel to monitor impacts of this policy on overburdened communities, advise on achieving positive workforce and job outcomes, and the equitable distribution of benefits to overburdened communities.
and (j) Creating, in section 22 of this act, an environmental justice and equity advisory panel to monitor for and advise on achieving positive workforce and job outcomes and the equitable distribution of benefits to overburdened communities.
(3) The department shall consider opportunities to implement the program in a manner that allows linking the state's program with other jurisdictions having similar programs, considering if such linkage will provide for a more cost-effective means for Washington covered entities to meet their compliance obligations while recognizing the special characteristics of the state's economy, communities, and industries.
(3) The department shall consider opportunities to implement the program in a manner that allows linking the state's program with other jurisdictions having similar programs, considering if such linkage will provide for a more cost-effective means for Washington covered entities to meet their compliance obligations while recognizing the special characteristics of the state's economy and industries.
The department is authorized to enter into a linkage agreement with another jurisdiction after formal notice and opportunity for a public hearing, and when consistent with the requirements of section 21 of this act.
The department is authorized to enter into a linkage agreement with another jurisdiction after formal notice and opportunity for a public hearing.
p.
NEW SECTION.
16 SSB 5126 NEW SECTION.
8.
6.
(1)(a) The department shall commence the program by January 1, 2023, by determining an emissions baseline establishing the proportionate share that the total greenhouse gas emissions of covered entities for the first compliance period bears to the total anthropogenic greenhouse gas emissions in the state during 2015 through 2019, based on data reported to the department under RCW 70A.15.2200 or provided as required by this chapter.
(1) The department shall commence the program by January 1, 2023, by determining the proportionate share that the total greenhouse gas emissions of covered entities for the first compliance period bears to the total anthropogenic greenhouse gas emissions in the state during 2017 through 2021, based on data reported to the department under RCW 70A.15.2200.
By October 1, 2022, the department shall adopt a program budget of allowances for the first compliance period of the program, calendar years 2023 through 2026, to be distributed from January 1, 2023, through December 31, 2026.
The department may exclude a year from the baseline determination if the department identifies that year to have been an outlier due to a state of emergency.
(b) By October 1, 2026, the department shall add to its emissions baseline by incorporating the proportionate share that the total greenhouse gas emissions of new covered entities in the second compliance period bear to the total anthropogenic greenhouse gas emissions in the state during 2023 through 2025.
By October 1, 2022, the department shall adopt a program budget of allowances for the first compliance period of the program, calendar years 2023 through 2026, for all covered entities to be distributed from January 1, 2023, through December 31, 2026.
In determining the addition to the baseline, the department may exclude a year from the determination if the department identifies that year to have been an outlier due to a state of emergency.
By October 1, 2026, the department shall adopt a program budget of allowances for the second compliance period p.
The department shall adopt a program budget of allowances for the second compliance period of the program, calendar years 2027 through 2030, that will be incorporated into the program budget of allowances for the first compliance period of the program to be distributed from January 1, 2027, through December 31, 2030.
13 SB 5126 of the program, calendar years 2027 through 2030, for all covered entities to be distributed from January 1, 2027, through December 31, 2030.
(c) By October 1, 2028, the department shall adopt by rule the annual program budgets of allowances for the calendar years 2031 through 2040.
By October 1, 2028, the department shall adopt by rule the annual program budgets for the calendar years 2031 through 2040.
(2) The program budgets must be set to achieve the share of reductions by covered entities necessary to achieve the 2030, 2040, and 2050 statewide emissions limits established in RCW 70A.45.020, based on data reported to the department under chapter 70A.15 RCW or provided as required by this chapter.
The program budgets must be set to achieve the share of reductions by covered entities necessary to achieve the 2030, 2040, and 2050 statewide emissions limits established in RCW 70A.45.020, based on data reported to the department under chapter 70A.15 RCW.
An allowance distributed under the program, either directly by the department under sections 12 through 14 of this act or though auctions under section 11 of this act, does not expire and may be held or banked consistent with sections 11(6) and 16(1) of this act.
(2) The department must complete an evaluation by December 31, 2035, of the performance of the program, including its performance in reducing greenhouse gases and criteria pollutants in overburdened communities.
p.
If the evaluation shows that adjustments to the annual budgets are necessary to ensure achievement of 2040 emission reduction limits identified in RCW 70A.45.020 and reduce greenhouse gases and criteria pollutants in overburdened communities, the department shall adjust the annual budgets accordingly.
17 SSB 5126 (3) The department must complete an evaluation by December 31, 2028, and by December 31, 2035, of the performance of the program, including its performance in reducing greenhouse gases and criteria pollutants in overburdened communities.
The department must complete an evaluation by December 31, 2045, of the performance of the program, and make adjustments in the annual budgets to ensure achievement of 2050 emission reduction limits identified in RCW 70A.45.020.
If the evaluation shows that adjustments to the annual budgets are necessary to ensure achievement of 2030 and 2040 emission reduction limits identified in RCW 70A.45.020 and reduce greenhouse gases and criteria pollutants in overburdened communities, the department shall adjust the annual budgets accordingly.
The department must complete additional evaluations by December 31, 2040, and by December 31, 2045, of the performance of the program, and make adjustments in the annual budgets to ensure achievement of 2050 emission reduction limits identified in RCW 70A.45.020.
If any evaluation finds that greenhouse gases and criteria pollutants are not being reduced in overburdened communities, the department must also prioritize the adoption of air quality standards, emission standards, or emissions limitations on covered entities located in those areas.
(3) Data reported to the department under RCW 70A.15.2200 for 2017 through 2021 is deemed sufficient for the purpose of adopting annual program budgets and demonstrating compliance under the first compliance period of the program.
(4) Data reported to the department under RCW 70A.15.2200 or provided as required by this chapter for 2015 through 2019 is deemed sufficient for the purpose of adopting annual program budgets and demonstrating compliance under the first compliance period of the program.
Data reported to the department under RCW 70A.15.2200 for 2023 through 2025 is deemed sufficient for adopting annual program budgets and demonstrating compliance under the second compliance period of the program.
Data reported to the department under RCW 70A.15.2200 or provided as required by this chapter for 2023 through 2025 is deemed sufficient for adopting annual program budgets and demonstrating compliance under the second compliance period of the program.
9.
7.
(1) A person is a covered entity as of the beginning of the first compliance period and all subsequent compliance periods if the person reported emissions under RCW 70A.15.2200 for any calendar year from 2015 through 2019, or additional data provided as required by this chapter indicates that emissions for any calendar year from 2015 through 2019 equaled or exceeded any of the following thresholds:
(1) A person is a covered entity as of the beginning of the first compliance period and all subsequent compliance periods if the person reported emissions under RCW 70A.15.2200 for any calendar year from 2017 through 2021 that equals or exceeds any of the following thresholds:
(a) Where the person operates a facility and the facility's emissions equal or exceed 25,000 metric tons of carbon dioxide equivalent;
18 SSB 5126 (b) Where the person is a first jurisdictional deliverer and generates electricity in the state and emissions associated with this generation equals or exceeds 25,000 metric tons of carbon dioxide equivalent;
14 SB 5126 (a) Where the person operates a facility and the facility's emissions equal or exceed 25,000 metric tons of carbon dioxide equivalent;
(c) Where the person is a supplier of fossil fuel other than natural gas and from that fuel 25,000 metric tons or more of carbon dioxide equivalent emissions would result from the full combustion or oxidation;
(b) Where the person generates electricity in the state and emissions associated with this generation equals or exceeds 25,000 metric tons of carbon dioxide equivalent;
and (d)(i) Where the person supplies natural gas in amounts that would result in exceeding 25,000 metric tons of carbon dioxide equivalent if fully combusted or oxidized, excluding the amounts:
and (c) Where the person is a supplier of fuel other than natural gas and has reported 25,000 metric tons or more of carbon dioxide equivalent emissions that would result from the full combustion or oxidation of the supplied fuels and has a compliance obligation for the emissions from the full combustion or oxidation of those supplied fuels consistent with subsection (6) of this section.
(A) Supplied to covered entities under (a) through (c) of this subsection;
(2) A person is a covered entity as of the beginning of the second compliance period and all subsequent compliance periods if the person reported emissions under RCW 70A.15.2200 for any calendar year from 2023 through 2025 that equals or exceeds any of the following thresholds:
and (B) delivered to opt-in entities;
(a) Where the person is a first jurisdictional deliverer bringing electricity into the state and the cumulative annual total of emissions associated with imported electricity into the state from specified or unspecified sources equals or exceeds 25,000 metric tons of carbon dioxide equivalent.
(ii) Where the person who is not a natural gas company and has a tariff with a natural gas company to deliver to an end-use customer in the state in amounts that would result in exceeding 25,000 metric tons of carbon dioxide equivalent if fully combusted or oxidized, excluding the amounts:
For a specified source, the person must have either full or partial ownership in the facility, or a written power contract to procure electricity at the facility, at the time of entry of the transaction to procure electricity;
(A) Supplied to covered entities under (a) through (c) of this subsection or subsection (2)(a) of this section;
(b) Where the person supplies natural gas in amounts that would result in exceeding 25,000 metric tons of carbon dioxide equivalent if fully combusted or oxidated, excluding the amounts supplied to covered entities under subsection (1)(a) through (c) of this section or (a) of this subsection;
and (B) the amounts delivered to opt-in entities;
(c) Where the person operates a facility and is a direct purchaser of electricity from a federal power market agency or from a joint operating entity and the associated emissions from both the facility and purchased electricity equals or exceeds 25,000 metric tons of carbon dioxide equivalent;
(iii) Where the person is an end-use customer in the state who directly purchases natural gas from a person 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 if fully combusted or oxidized, excluding the amounts:
and (d) Where the person is a supplier of fuel other than natural gas and has reported 25,000 metric tons or more of carbon dioxide equivalent emissions that would result from the full combustion or oxidation of the supplied fuels and has a compliance obligation for p.
(A) Supplied to covered entities under (a) through (c) of this subsection or subsection (2)(a) of this section;
15 SB 5126 the emissions from the full combustion or oxidation of those supplied fuels consistent with subsection (6) of this section.
and (B) delivered to opt-in entities.
(2) A person is a covered entity as of the beginning of the second compliance period and all subsequent compliance periods if the person reported emissions under RCW 70A.15.2200 or provided emissions data as required by this chapter for any calendar year from 2023 through 2025 that equals or exceeds any of the following thresholds:
(a) Where the person is a first jurisdictional deliverer importing electricity into the state and the cumulative annual total of emissions associated with imported electricity into the state from specified or unspecified sources equals or exceeds 25,000 metric tons of carbon dioxide equivalent.
For a specified source, the person must have either full or partial ownership in the facility, or a written p.
19 SSB 5126 power contract to procure electricity at the facility or from an asset controlling supplier at the time of entry of the transaction to procure electricity.
In consultation with any jurisdiction that is linked to the program created by this chapter, by October 1, 2026, the department, in consultation with the department of commerce and the utilities and transportation commission, shall adopt a methodology for addressing imported electricity associated with a centralized electricity market;
and (b) Where the person operates a landfill or waste to energy facility utilized by a county and city solid waste management program and the facility's emissions equal or exceed 25,000 metric tons of carbon dioxide equivalent.
(5) For emission sources described in subsection (1) of this section that are in operation or otherwise active between 2015 and 2019 but were not required to report emissions for those years under p.
(5) For emission sources described in subsection (1) or (2) of this section that are in operation or otherwise active between 2017 and 2021 but were not required to report emissions for those years under RCW 70A.15.2200 as written for the reporting periods between 2017 and 2021, coverage under the program starts in the calendar year following the year in which emissions from the source exceed the applicable thresholds in subsection (1) or (2) of this section as reported pursuant to RCW 70A.15.2200, or upon formal notice from the department that the source is expected to exceed the applicable emissions threshold for the first year that source is required to report emissions, whichever happens first.
20 SSB 5126 RCW 70A.15.2200 as written for the reporting periods between 2015 and 2019, coverage under the program starts in the calendar year following the year in which emissions from the source exceed the applicable thresholds in subsection (1) of this section as reported pursuant to RCW 70A.15.2200 or provided as required by this chapter, or upon formal notice from the department that the source is expected to exceed the applicable emissions threshold for the first year that source is required to report emissions, whichever happens first.
Sources meeting these conditions are required to transfer their first allowances on the first transfer deadline of the year following the year in which their p.
Sources meeting these conditions are required to transfer their first allowances on the first transfer deadline of the year following the year in which their emissions, as reported under RCW 70A.15.2200 or provided as required by this chapter, were equal to or exceeded the emissions threshold.
16 SB 5126 emissions, as reported under RCW 70A.15.2200, were equal to or exceeded the emissions threshold.
(6) The following emissions are exempt from coverage in the program, regardless of the emissions reported under RCW 70A.15.2200 or provided as required by this chapter:
(6) The following emissions are exempt from coverage in the program, regardless of the emissions reported under RCW 70A.15.2200:
(a) Emissions from the combustion of aviation fuels;
(a) Emissions from the combustion of aviation fuels supplied in Washington that are combusted outside of Washington;
(d) Carbon dioxide emissions from the combustion of biomass or biofuels;
and (d) Emissions from facilities with North American industry classification system code 92811 (national security).
and (e) Emissions from facilities with North American industry classification system code 92811 (national security).
NEW SECTION.
(7) The department shall not require multiple covered entities to have a compliance obligation for the same emissions.
The department may by rule authorize refineries, fuel suppliers, facilities using natural gas, and natural gas suppliers to provide by agreement for the assumption of the compliance obligation for fuel or natural gas supplied and combusted in the state.
The department must be notified of such an agreement at least 12 months prior to the compliance obligation period for which the agreement is applicable NEW SECTION.
10.
8.
p.
(2) Entities registering to participate in the program must describe any direct or indirect affiliation with other registered entities.
21 SSB 5126 (2) Entities registering to participate in the program must describe any direct or indirect affiliation with other registered entities.
An opt-in entity is not eligible to receive allowances directly distributed under section 12, 13, or 14 of this act.
An opt-in entity is not eligible to receive allowances directly distributed under section 10, 11, or 12 of this act.
(4) A person that is not covered by the program and is not a covered entity or opt-in entity may voluntarily participate in the program as a general market participant.
(4) A person that is not covered by the program and is not a covered entity or opt-in entity may voluntarily participate in the program as a general participant.
General market participants must meet all applicable registration requirements specified by rule.
General participants must meet all applicable registration requirements specified by rule.
(5) Federally recognized tribes and federal agencies may elect to participate in the program as opt-in entities or general market participants.
p.
17 SB 5126 (5) Tribal governments and federal agencies may elect to participate in the program as opt-in entities or general participants.
Compliance instruments in compliance accounts may not be sold, traded, or otherwise provided to another account or person, except as provide for in section 11 of this act.
Compliance instruments in compliance accounts may not be sold, traded, or otherwise provided to another account or person.
Allowances in holding accounts may be bought, sold, transferred to another registered entity, or traded.
Allowances in holding accounts may be bought, sold, or traded.
The amount of allowances a registered entity may have in its holding p.
The amount of allowances a registered entity may have in its holding account is constrained by the holding limit.
22 SSB 5126 account is constrained by the holding limit as determined by the department by rule.
11.
9.
(1) Except as provided in sections 12, 13, and 14 of this act, the department shall distribute allowances through auctions as provided in this section and in rules adopted by the department to implement these sections.
(1) Except as provided in sections 10, 11, and 12 of this act, the department shall distribute allowances through auctions as provided in this section and in rules adopted by the department to implement these sections.
The department shall also engage a qualified financial services administrator to hold the bid guarantees, evaluate bid guarantees, and inform the department of the value of bid guarantees once the bids are accepted.
The department shall also engage a qualified financial services administrator to hold the bid p.
18 SB 5126 guarantees, evaluate bid guarantees, and inform the department of the value of bid guarantees once the bids are accepted.
Only a representative with an approved auction account is authorized to access the auction platform to submit an application or confirm the intent to bid for the registered entity, submit bids on behalf of the registered entity p.
Only a representative with an approved auction account is authorized to access the auction platform to submit an application or confirm the intent to bid for the registered entity, submit bids on behalf of the registered entity during the bidding window, or to download reports specific to the auction.
23 SSB 5126 during the bidding window, or to download reports specific to the auction.
(6) To protect the integrity of the auctions, a registered entity or group of registered entities with a direct corporate association are subject to auction purchase and holding limits.
(6) To protect the integrity of the auctions, a registered entity or group of registered entities with a direct corporate association are subject to the following auction purchase limits:
The department may limit these if it deems necessary to protect the integrity and functioning of the auctions:
(b) A general market participant may not buy more than four percent of the allowances offered during a single auction and may not in aggregate own more than 10 percent of total allowances to be issued in a calendar year;
(b) A general market participant may not buy more than four percent of the allowances offered during a single auction;
(7)(a) For fiscal year 2023, upon completion and verification of the auction results, the financial services administrator shall notify winning bidders and transfer the auction proceeds to the state treasurer for deposit as follows:
(7) Upon completion and verification of the auction results, the financial services administrator shall notify winning bidders and transfer the auction proceeds to the state treasurer for deposit in the climate investment account created in section 20 of this act.
(i) $272,019,000 must first be deposited into the forward flexible account created in (g) of this subsection;
(8) The department shall adopt by rule provisions to guard against bidder collusion and minimize the potential for market p.
and (ii) the remaining auction proceeds to the climate investment account created in section 23 of this act.
19 SB 5126 manipulation.
(b) For fiscal year 2024, upon completion and verification of the auction results, the financial services administrator shall notify winning bidders and transfer the auction proceeds to the state treasurer for deposit as follows:
(i) $551,238,000 must first be deposited into the forward flexible account created in (g) of this subsection;
and (ii) the remaining auction proceeds to the climate investment account created in section 23 of this act.
(c) For fiscal year 2025, upon completion and verification of the auction results, the financial services administrator shall notify winning bidders and transfer the auction proceeds to the state treasurer for deposit as follows:
(i) $436,744,000 must first be deposited into the forward flexible account created in (g) of this p.
24 SSB 5126 subsection;
and (ii) the remaining auction proceeds to the climate investment account created in section 23 of this act.
(d) For fiscal years 2026 through 2037, upon completion and verification of the auction results, the financial services administrator shall notify winning bidders and transfer the auction proceeds to the state treasurer for deposit as follows:
(i) $325,000,000 per year must first be deposited into the forward flexible account created in (g) of this subsection;
and (ii) the remaining auction proceeds to the climate investment account created in section 23 of this act.
(e) The deposits into the forward flexible account pursuant to (a) through (d) of this subsection must not exceed $5,200,000,000 over the first 16 years and any remaining auction proceeds must be deposited into the climate investment account created in section 23 of this act.
(f) For fiscal year 2038 and each year thereafter, upon completion and verification of the auction results, the financial services administrator shall notify winning bidders and transfer the auction proceeds to the state treasurer for deposit as follows:
(i) 50 percent of the auction proceeds to the forward flexible account created in (g) of this subsection;
and (ii) the remaining auction proceeds to the climate investment account created in section 23 of this act.
(g) The forward flexible account is created in the state treasury.
All receipts from proceeds directed to the account under (a) through (f) of this subsection 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 transportation projects, programs, or activities identified as forward flexible projects, programs, or activities in an omnibus transportation appropriations act.
(8) The department shall adopt by rule provisions to guard against bidder collusion and minimize the potential for market manipulation.
The department may cancel or restrict a previously approved auction p.
The department may cancel or restrict a previously approved auction participation application or reject a new application if the department determines that a registered entity has:
25 SSB 5126 participation application or reject a new application if the department determines that a registered entity has:
12.
10.
(1) During the first compliance period of the program, a covered entity must receive an allocation of allowances under this subsection at no cost if the entity is classified as emissions-intensive and trade-exposed, as determined by being engaged in one or more of the processes described by the following industry descriptions and codes in the North American industry classification system:
(1) During the first compliance period of the program, a covered entity must receive an allocation under this subsection at no cost if the entity is classified as emissions-intensive and trade-exposed, as determined by being engaged in one or more of the processes described by the following industry descriptions and codes in the North American industry classification system:
(a) Metals manufacturing, including iron and steel making, ferroalloy and primary metals manufacturing, secondary aluminum smelting and alloying, aluminum sheet, plate and foil manufacturing, smelting, refining, and alloying of other nonferrous metals North American industry classification system codes beginning with 331;
(a) Primary metal manufacturing, including iron and steel milling, ferroalloy, and primary metal manufacturing North American industry classification system codes beginning with 331;
(b) Paper manufacturing, including pulp mills, paper mills, and paperboard milling, North American industry classification system codes beginning with 322;
26 SSB 5126 (c) Aerospace product and parts manufacturing, North American industry classification system codes beginning with North American industry classification system code 3364;
20 SB 5126 (b) Secondary metals manufacturing, including smelting, refining, and alloying of nonferrous metal, North American industry classification code 331492;
(d) Wood products manufacturing, North American industry classification system codes beginning with 322;
(c) Paper manufacturing, including pulp mills, paper mills, and paperboard milling, North American industry classification system codes beginning with 322;
(e) Nonmetallic mineral manufacturing, including glass container manufacturing, North American industry classification system codes beginning with 327;
(d) Aerospace product and parts manufacturing, North American industry classification system codes beginning with North American industry classification system code 3364;
(f) Chemical manufacturing, North American industry classification system codes beginning with 325;
(e) Wood products manufacturing, North American industry classification system codes beginning with 322;
(g) Computer and electronic product manufacturing, including semiconductor and related device manufacturing, North American industry classification system codes beginning with 334;
(f) Nonmetallic mineral manufacturing, including glass container manufacturing, North American industry classification system codes beginning with 327;
(h) Food manufacturing, North American industry classification system codes beginning with 311;
(g) Chemical manufacturing, North American industry classification system codes beginning with 325;
(i) Cement manufacturing, North American industry classification system code 327310;
(h) Computer and electronic product manufacturing, including semiconductor and related device manufacturing, North American industry classification system codes beginning with 334;
and (j) Petroleum refining, North American industry classification system codes beginning with 324.
(i) Food manufacturing, North American industry classification system codes beginning with 311;
(2) The annual allocation of allowances for direct distribution to an entity identified as emissions-intensive and trade-exposed under subsection (1) of this section during the first compliance period of the program must be equal to the covered entity's proportional obligation of the program budget for phase one established under section 8 of this act, multiplied by:
and (j) Cement manufacturing, North American industry classification system code 327310.
(2) The annual allocation of allowances for direct distribution to an entity identified as emissions-intensive and trade-exposed under subsection (1) of this section during the first compliance period of the program must be equal to the covered entity's proportional obligation of the program budget for phase one established under section 6 of this act, multiplied by:
A manufacturing business that can demonstrate to the department that it meets this criteria, whether or not it is listed in subsection (1)(a) through (i) of this section, is eligible for treatment as an emissions-intensive, trade- exposed industry and is eligible for free allocation of allowances as described in this section, and by the department by rule.
A manufacturing business that can demonstrate to the department that it meets this criteria, whether or not it is listed in subsection (1)(a) through (j) of this p.
p.
21 SB 5126 section, is eligible for treatment as an emissions-intensive, trade- exposed industry and is eligible for free allocation of allowances as described in this section, and by the department by rule.
27 SSB 5126 (b) By July 1, 2024, the department must adopt rules for allocating allowances that must be transferred by those covered entities that the department determines are engaged in emissions- intensive, trade-exposed processes during the second compliance period of the program.
(b) By July 1, 2024, the department must adopt rules for allocating allowances that must be transferred by those covered entities that the department determines are engaged in emissions- intensive, trade-exposed processes during the second compliance period of the program.
Both sets of rules may be amended to align with adjustments made under section 8 of this act.
Both sets of rules may be amended to align with adjustments made under section 5 of this act.
The schedule must result in an amount of annual allowances that a covered entity may receive under this section and from the allowance price containment reserve that declines annually by a constant amount proportionate to the decline in the amount of allowances available in annual allowance budgets pursuant to section 8 of this act.
The schedule must result in an amount of annual allowances that a covered entity may receive under this section and from the allowance price containment reserve that declines annually by a constant amount proportionate to the decline in the amount of allowances available in annual allowance budgets pursuant to section 6 of this act.
(a) A significant change in the emissions attributable to the manufacture of an individual good or goods in this state by a covered entity based on a finding by the department that an adjustment is p.
p.
28 SSB 5126 necessary to accommodate for changes in the manufacturing process that have a material impact on emissions;
22 SB 5126 (a) A significant change in the emissions attributable to the manufacture of an individual good or goods in this state by a covered entity based on a finding by the department that an adjustment is necessary to accommodate for changes in the manufacturing process that have a material impact on emissions;
13.
11.
(1) The legislature intends by this section to allow all consumer-owned electric utilities or investor-owned electric utilities subject to the requirements of chapter 19.405 RCW, the Washington clean energy transformation act, to be eligible for allowance allocation as provided in this section in order to mitigate the cost burden of the program on electricity customers.
(1) The legislature intends by this section to allow first jurisdictional deliverers of electricity that are also consumer-owned electric utilities or investor-owned electric utilities subject to the requirements of chapter 19.405 RCW, the Washington clean energy transformation act, to be eligible for free allowance allocation as provided in this section.
(2)(a) By October 1, 2022, the department shall adopt rules, in consultation with the department of commerce and the utilities and transportation commission, establishing the methods and procedures for allocating allowances for consumer-owned or investor-owned electric utilities.
(2) In order to mitigate the impact on rates or charges on citizens of the state for electricity services, by October 1, 2022, the department shall adopt rules, in consultation with the department of commerce, for allocating allowances at no cost to covered entities that are electricity generators owned by or under contract with a consumer-owned or investor-owned electric utility.
The rules must take into account the cost burden of the program on electricity customers.
By October 1, 2026, the department shall adopt rules for allocating allowances during the second compliance period of the program at no cost to:
(b) By October 1, 2022, the department shall adopt an allocation schedule by rule, in consultation with the department of commerce and the utilities and transportation commission, for the first compliance period for the provision of allowances at no cost to consumer-owned or investor-owned electric utilities.
(a) First jurisdictional deliverers of electricity that are also consumer-owned utilities with a clean energy implementation plan approved under the requirements of chapter 19.405 RCW, consistent with an emissions allowance budget based on their approved clean energy implementation plan, or an allowance budget determined by the department by rule consistent with the requirements in section 5 of this act, whichever is less.
This allocation must be consistent with a forecast, that is approved by the appropriate governing board or the utilities and transportation commission, of each utility's supply and demand, and the cost burden resulting from the inclusion of the covered entities in the first compliance period.
(3) Allowances allocated at no cost to consumer-owned or investor-owned electric utilities must be consigned to auction for the benefit of ratepayers.
(c) By October 1, 2026, the department shall adopt an allocation schedule by rule, in consultation with the department of commerce and the utilities and transportation commission, for the provision of allowances for the second compliance period at no cost to consumer- owned or investor-owned electric utilities.
This allocation must be consistent with a forecast, that is approved by the appropriate governing board or the utilities and transportation commission, of p.
29 SSB 5126 each utility's supply and demand, and the cost burden resulting from the inclusion of covered entities in the second compliance period.
The allowances included in this schedule must reflect the increased scope of coverage in the electricity sector relative to the program budget of allowances established in 2022.
(d) By October 1, 2028, the department shall adopt an allocation schedule by rule, in consultation with the department of commerce and the utilities and transportation commission, for the provision of allowances at no cost to consumer-owned or investor-owned electric utilities for the compliance periods contained within calendar years 2031 through 2040.
This allocation must be consistent with a forecast, that is approved by the appropriate governing board or the utilities and transportation commission, of each utility's supply and demand, and the cost burden resulting from the inclusion of the covered entities in the compliance periods.
(3) Allowances allocated at no cost to investor-owned electric utilities must be consigned to auction for the benefit of ratepayers.
Allowances allocated at no cost to consumer-owned electric utilities may be consigned to auction for the benefit of ratepayers, deposited for compliance, or a combination of both.
The rules adopted by the department under subsection (2) of this section must include provisions for directing revenues generated under this subsection to the applicable utilities.
(4) If an entity is identified by the department as an emissions- intensive, trade-exposed industry under section 12 of this act, unless allowances have been otherwise allocated for electricity- related emissions to the entity under section 12 of this act or to a consumer-owned utility under this section, the department shall allocate allowances at no cost to the electric utility or power marketing administration that is providing electricity to the entity in an amount equal to the forecasted emissions for electricity consumption for the entity for the compliance period.
(5) The department shall allow for allowances to be transferred between a power marketing administration and electric utilities and used for direct compliance.
(6) Rules establishing the allocation of allowances to consumer- owned utilities and investor-owned utilities must consider the impact of electrification of buildings, transportation, and industry on the electricity sector.
30 SSB 5126 (7) Nothing in this section affects the requirements of chapter 19.405 RCW.
23 SB 5126 (4) Nothing in this section affects the requirements of chapter 19.405 RCW.
14.
12.
(1) Allowances must be allocated at no cost to covered entities that are natural gas utilities for the benefit of ratepayers.
(1) Allowances must be allocated at no cost to covered entities that are natural gas utilities for the exclusive purpose of providing assistance to low-income residential natural gas customers.
(a) By October 1, 2022, the department shall adopt rules, in consultation with the utilities and transportation commission, establishing the methods and procedures for allocating allowances to natural gas utilities.
Rules adopted under this subsection must allow for a natural gas utility to be directly distributed allowances at no cost in an amount equal to the covered emissions attributable to the provision of natural gas service to the natural gas utility's low-income residential customers who receive any other form of rate or bill assistance from the utility.
Rules adopted under this subsection must allow for a natural gas utility to be provided allowances at no cost to cover their emissions and decline proportionally with the cap, consistent with section 8 of this act.
By January 1st of the first year of the second compliance period and each subsequent compliance period, the department shall determine by rule, after consultation with the utilities and transportation commission, the quantity of allowances to allocate directly at no cost to a natural gas utility over the course of the compliance period.
Allowances allocated at no cost to natural gas utilities must be consigned to auction for the benefit of ratepayers consistent with subsection (2) of this section, deposited for compliance, or a combination of both.
(2) Allowances allocated at no cost to natural gas companies must be consigned to auction for the benefit of low-income customers.
The rules adopted by the department pursuant to this section must include provisions directing revenues generated under this subsection to the applicable utilities.
The allowances must be used exclusively to minimize cost impacts on low- income residential customers through actions that include, but are not limited to, weatherization, electrification, conservation and efficiency services, and bill assistance.
(b) By October 1, 2022, the department shall adopt an allocation schedule by rule, in consultation with the utilities and transportation commission, for the first two compliance periods for the provision of allowances for the benefit of ratepayers at no cost to natural gas utilities.
(c) By October 1, 2028, the department shall adopt an allocation schedule by rule, in consultation with the utilities and transportation commission, for the provision of allowances for the benefit of ratepayers at no cost to natural gas utilities for the compliance periods contained within calendar years 2031 through 2040.
(2)(a) Beginning in 2023, 65 percent of the no cost allowances must be consigned to auction for the benefit of customers, prioritizing low-income customers, including at a minimum eliminating any additional cost burden from the implementation of this chapter.
Rules adopted under this subsection must increase the percentage of allowances consigned to auction by five percent each year until a total of 100 percent is reached.
(b) Revenues from allowances sold at auction must be returned by providing nonvolumetric credits on ratepayer utility bills, prioritizing low-income customers, or used to minimize cost impacts p.
31 SSB 5126 on low-income, residential, and small business customers through actions that include, but are not limited to, weatherization, decarbonization, conservation and efficiency services, and bill assistance.
(c) Except for low-income customers, the credits under this subsection are reserved exclusively for customers at locations connected to a natural gas utility's system on the effective date of this section.
Credits may not be provided to customers of the gas utility at a location connected to the system after the effective date of this section.
(3) In order to qualify for no cost allowances, covered entities that are natural gas utilities must provide copies of their greenhouse gas emissions reports filed with the United States environmental protection agency under 40 C.F.R.
Part 98 subpart NN - suppliers of natural gas and natural gas liquids for calendar years 2015 through 2021 to the department on or before March 31, 2022.
The copies of the reports must be provided in electronic form to the department, in a manner prescribed by the department.
The reports must be complete and contain all information required by 40 C.F.R.
Sec.
98.406 including, but not limited to, information on large end- users served by the natural gas utility.
For any year where a natural gas utility was not required to file this report with the United States environmental protection agency, a report may be submitted in a manner prescribed by the department containing all of the information required in the subpart NN report.
(4) To continue receiving no cost allowances, the United States environmental protection agency subpart NN greenhouse gas emissions reports must be provided to the department for each reporting year in the manner and by the dates provided by RCW 70A.15.2200(5) as part of the greenhouse gas reporting requirements of this chapter.
15.
13.
The purpose of withholding allowances in the emissions containment reserve is to secure additional emissions reductions consistent with the greenhouse gas emissions limits in RCW 70A.45.020 in the event p.
The purpose of withholding allowances in the emissions containment reserve is to secure additional emissions reductions consistent with the greenhouse gas emissions limits in RCW 70A.45.020 in the event auction prices fall below the emissions containment reserve trigger price.
32 SSB 5126 auction prices fall below the emissions containment reserve trigger price.
The department must convert and transfer any allowances that have been withheld from auction into the emissions containment reserve account.
The department must convert and p.
24 SB 5126 transfer any allowances that have been withheld from auction into the emissions containment reserve account.
(4) Allowances may be distributed from the emissions containment reserve by auction when new covered and opt-in entities enter the program, provided the department determines that the distribution will not jeopardize achievement of the state's emission reduction limits.
16.
14.
(3) The department shall adopt rules for holding auctions of allowances from the price containment reserve when the settlement prices in the preceding auction approach the adopted auction ceiling p.
(3) The department shall adopt rules for holding auctions of allowances from the price containment reserve when the settlement prices in the preceding auction approach the adopted auction ceiling price.
33 SSB 5126 price.
(5) The process for reserve auctions is the same as the process provided in section 11 of this act and the proceeds from reserve auctions must be treated the same.
(5) The process for reserve auctions is the same as the process provided in section 9 of this act and the proceeds from reserve auctions must be treated the same.
(b) Establish the requirements and schedule for the allowance price containment reserve auctions;
p.
25 SB 5126 (b) Establish the requirements and schedule for the allowance price containment reserve auctions;
17.
15.
(1) The department shall adopt by rule the protocols for establishing offset projects and securing offset credits that may be used to meet a portion of a covered or opt-in entity's compliance obligation under section 19 of this act.
(1) The department shall adopt by rule the protocols for establishing offset projects and securing offset credits that may be used to meet a portion of a covered or opt-in entity's compliance obligation under section 16 of this act.
(a) Provide direct environmental benefits to the state or be located in a jurisdiction with which the department has entered into a linkage agreement or memorandum of understanding;
(a) Be located in the United States or in a jurisdiction with which the department has entered into a linkage agreement;
and (c) Have been certified by a recognized registry after the effective date of this section or within two years prior to the effective date of this section.
and (c) Have been certified by a recognized registry within two years prior to the effective date of this section.
(3) During the first two compliance periods, at least 50 percent of a covered or opt-in entity's compliance obligation satisfied by p.
(3)(a) A total of no more than eight percent of a covered or opt- in entity's compliance obligation during the first compliance period may be met by transferring offset credits.
34 SSB 5126 offset credits must be sourced from offset projects that provide direct environmental benefits in the state.
During these years, at least 75 percent of a covered entity's compliance obligation satisfied by offset credits must be sourced from offset projects that provide direct environmental benefits in the state.
(a) A total of no more than five percent of a covered or opt-in entity's compliance obligation during the first compliance period may be met by transferring offset credits.
(b) A total of no more than six percent of a covered or opt-in entity's compliance obligation during the second compliance period may be met by transferring offset credits.
(b) A total of no more than four percent of a covered or opt-in entity's compliance obligation during the second compliance period may be met by transferring offset credits.
During these years, at least 50 percent of a covered entity's compliance obligation satisfied by offset credits must be sourced from offset projects that provide direct environmental benefits in the state.
(c) The limits in (a) and (b) of this subsection may be modified by rule as adopted by the department when appropriate to ensure achievement of the statewide emissions limits established in RCW 70A.45.020 and to provide for alignment with other jurisdictions to which the state has entered or proposes to enter a linkage agreement.
(c) The limits in (a) and (b) of this subsection may be modified by rules adopted by the department when appropriate to ensure achievement of the statewide emissions limits established in RCW p.
(d) The limits in (a) and (b) of this subsection may be reduced for a specific covered or opt-in entity if the department determines that the covered or opt-in entity has or is likely to:
26 SB 5126 70A.45.020 and to provide for alignment with other jurisdictions to which the state has entered or proposes to enter a linkage agreement.
(i) Contribute substantively to cumulative air pollution burden in an overburdened community as determined by criteria established by the department;
(d) The limits in (a) and (b) of this subsection may be reduced for a specific covered entity if the department determines that the covered entity contributes substantively to cumulative air pollution burden in an overburdened community.
or (ii) Violate any permits required by any federal, state, or local air pollution control agency where the violation may result in an increase in emissions.
(e) An offset project on tribal land does not count against the offset credit limits described in (a) and (b) of this subsection.
(e) An offset project on federally recognized tribal land does not count against the offset credit limits described in (a) and (b) of this subsection.
No more than five percent of a covered or opt-in entity's compliance obligation may be met by transferring offset credits from projects on tribal land.
No more than three percent of a covered or opt-in entity's compliance obligation may be met by transferring offset credits from projects on federally recognized tribal land during the first compliance period.
No more than two percent of a covered or opt-in entity's compliance obligation may be met by transferring offset credits from projects on federally recognized tribal land during the second compliance period.
(b) Encourage opportunities for the development of offset projects in this state by adopting offset protocols that may include, but need not be limited to, protocols that make use of aggregation or p.
(b) Encourage opportunities for the development of offset projects in this state by adopting offset protocols that may include, but need not be limited to, protocols that make use of aggregation or other mechanisms to reduce transaction costs related to the development of offset projects;
35 SSB 5126 other mechanisms to reduce transaction costs related to the development of offset projects and that support the development of carbon dioxide removal projects;
Failure to transfer the required credits or allowances is a violation subject to penalties as provided in section 20 of this act.
Failure to transfer the required credits or allowances is a violation subject to penalties as provided in section 17 of this act.
(5) Any offset credits used may not be in addition to or allow for an increase in the allowance budgets established under section 8 of this act.
(5) The offset credit must be registered and tracked as a compliance instrument.
(6) The offset credit must be registered and tracked as a compliance instrument.
18.
16.
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 section 17 of this act, 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.
Funding or assistance may be provided 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.
NEW SECTION.
Sec.
19.
A covered or opt-in entity shall transfer a number of compliance instruments equal to their covered emissions by November 1st of each calendar year in which a covered or opt–in p.
A covered or opt-in entity shall transfer a number of compliance instruments equal to their allocated allowances under section 5 of this act by November 1st of each p.
36 SSB 5126 entity has a compliance obligation.
27 SB 5126 calendar year in which a covered or opt–in entity has a compliance obligation.
The department shall set by rule a minimum of 25 percent of compliance instruments that must be transferred in each year of the compliance period such that covered or opt-in entities are allowed to smooth their compliance obligation within the compliance period but must fully satisfy their compliance obligation over the course of the compliance period, in a manner similar to external greenhouse gas emissions trading programs in other jurisdictions.
(2) Submission of allowances occurs through the transfer of compliance instruments, on or before the transfer date, from the holding account to the compliance account of the covered or opt-in entity as described in section 7 of this act.
(2) Submission of allowances occurs through the transfer of compliance instruments, on or before the transfer date, from the holding account to the compliance account of the covered or opt-in entity as described in section 9 of this act.
(3) A covered or opt-in entity submitting insufficient compliance instruments to meet its compliance obligation is subject to a penalty as provided in section 17 of this act.
Submission of allowances includes consignment of allowances to auction as described in sections 13 and 14 of this act.
(3) A covered or opt-in entity submitting insufficient compliance instruments to meet its compliance obligation is subject to a penalty as provided in section 20 of this act.
20.
17.
Upon receiving notification, p.
Upon receiving notification, the department shall issue an order requiring the entity to submit the penalty allowances.
37 SSB 5126 the department shall issue an order requiring the entity to submit the penalty allowances.
(3) If a covered entity or opt-in entity fails to submit penalty allowances as required by subsection (2) of this section, the department may issue an order or issue a penalty of up to $10,000 per day per violation, or both, for failure to submit penalty allowances as required by subsection (2) of the section.
(3) If a covered entity or opt-in entity fails to submit penalty allowances as required by subsection (2) of this section, the department must issue an order or issue a penalty of up to $10,000 per day per violation, or both, for failure to submit penalty allowances as required by subsection (2) of the section.
(4) The department may issue a penalty up to $50,000 per day per violation for violations of section 11(8) (a) through (e) of this act.
The department may p.
(5) Except as provided in subsections (3) and (4) of this section, any person that violates the terms of this chapter or an order issued under this chapter will incur a penalty of up to $10,000 per day per violation for each day that the person does not comply.
28 SB 5126 issue a penalty up to $50,000 per day per violation for violations of section 9(8) (a) through (e) of this act.
All penalties under subsections (3) and (4) of this section and this subsection must be deposited into the climate investment account created in section 23 of this act.
(4) Except as provided in subsection (3) of this section, any person that violates the terms of this chapter or an order issued under this chapter may incur a penalty of up to $10,000 per day per violation for each day that the person does not comply.
(6) Appeals of orders and penalties issued under this chapter must be to the pollution control hearings board under chapter 43.21B RCW.
All penalties under subsections (3) and (4) of this section must be deposited into the air pollution control account created in RCW 70A.15.1010.
(7) For the first compliance period, the department may reduce the amount of the penalty by adjusting the monetary amount or the number of penalty allowances described in subsections (2) and (3) of this section.
(5) Appeals of orders and penalties issued under this chapter must be to the pollution control hearings board under chapter 43.21B RCW.
(6) For the first compliance period, the department may reduce the amount of the penalty by adjusting the monetary amount or the number of penalty allowances described in subsections (2) and (3) of this section.
21.
18.
(1) Subject to making the findings and conducting the public comment process described in subsection (3) of this section, the department shall seek to link with other jurisdictions with established external greenhouse gas emissions trading programs in order to:
(1) The department shall seek to link with other jurisdictions with established allowance-based greenhouse gas emission reduction programs in order to:
and p.
and (f) Provide consistent requirements for covered entities whose operations span jurisdictional boundaries.
38 SSB 5126 (f) Provide consistent requirements for covered entities whose operations span jurisdictional boundaries.
(2) The director of the department is authorized to execute linkage agreements with other jurisdictions with established allowance-based greenhouse gas emission reduction programs consistent with the requirements in this chapter.
(2) The director of the department is authorized to execute linkage agreements with other jurisdictions with established external greenhouse gas emissions trading programs consistent with the requirements in this chapter.
(a) Provisions relating to quarterly auctions, including requirements for eligibility for auction participation, the use of a single auction provider to facilitate joint auctions, publication of auction-related information, processes for auction participation, purchase limits by auction participant type, bidding processes, dates of auctions, and financial requirements;
(a) Provisions relating to quarterly auctions, including requirements for eligibility for auction participation, the use of a single auction provider to facilitate joint auctions, publication of auction-related information, processes for auction participation, p.
29 SB 5126 purchase limits by auction participant type, bidding processes, dates of auctions, and financial requirements;
(3) Before entering into a linkage agreement under this section, the department must establish a finding that the linking jurisdiction and the linkage agreement meets certain criteria identified under this subsection and conduct a public comment process to obtain input and a review of the linkage agreement by relevant stakeholders and other interested parties.
(3) Before entering into a linkage agreement under this section, the department must establish a finding that the linking jurisdiction and the linkage agreement meets certain criteria identified under this subsection.
The input received from the public comment process must be considered before finalizing a linkage agreement.
p.
(a) Achieve the purposes identified in subsection (1) of this section;
39 SSB 5126 (a) Achieve the purposes identified in subsection (1) of this section;
(c) Be determined by the department to not yield net adverse impacts to either jurisdictions' highly impacted communities or analogous communities in the aggregate, relative to the baseline level of emissions;
(c) Include an agreement to not yield net adverse impacts to either jurisdictions' highly impacted communities or analogous communities in the aggregate, relative to the baseline level of emissions;
NEW SECTION.
p.
30 SB 5126 NEW SECTION.
22.
19.
The department shall adopt rules to implement the provisions of the program established in sections 7 through 21 of this act.
The department shall adopt rules to implement the provisions of the program established in sections 5 through 18 of this act.
23.
20.
Except as provided in section 11(7) of this act, all receipts from the auction of allowances authorized in this chapter must be deposited into the account.
All receipts from the auction of allowances authorized in this chapter must be deposited into the account.
(d) facilitating career development opportunities, such as apprenticeship programs, internships, job- p.
(d) facilitating career development opportunities, such as apprenticeship programs, internships, job-shadowing, and on-the-job training;
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Action History

  1. Effective date 7/25/2021.

  2. Chapter 316, 2021 Laws PV.

  3. Governor partially vetoed.

  4. Delivered to Governor.

  5. Speaker signed.

  6. President signed.

  7. Passed final passage; yeas, 27; nays, 22; absent, 0; excused, 0.

  8. Senate concurred in House amendments.

  9. Third reading, passed; yeas, 54; nays, 43; absent, 1; excused, 0.

  10. Rules suspended. Placed on Third Reading.

  11. Committee amendment(s) adopted as amended.

  12. Committee amendment not adopted.

  13. Placed on second reading.

  14. Scheduled for public hearing in the House Committee on Appropriations at 09:00 AM

  15. Minority; do not pass.

  16. APP - Majority; do pass with amendment(s) but without amendment(s) by Environment & Energy.

  17. Executive action taken in the House Committee on Appropriations at 9:00 AM.

  18. Scheduled for public hearing in the House Committee on Appropriations at 09:00 AM

  19. Public hearing in the House Committee on Appropriations at 9:00 AM.

  20. Referred to Appropriations.

  21. Scheduled for public hearing in the House Committee on Environment & Energy at 03:00 PM

  22. Minority; without recommendation.

  23. Minority; do not pass.

  24. ENVI - Majority; do pass with amendment(s).

  25. Executive action taken in the House Committee on Environment & Energy at 3:00 PM.

  26. Scheduled for public hearing in the House Committee on Environment & Energy at 08:00 AM

  27. Public hearing in the House Committee on Environment & Energy at 8:00 AM.

  28. First reading, referred to Environment & Energy.

  29. Third reading, passed; yeas, 25; nays, 24; absent, 0; excused, 0.

  30. Rules suspended. Placed on Third Reading.

  31. Floor amendment(s) adopted.

  32. 2nd substitute bill substituted (WM 21).

  33. Placed on second reading by Rules Committee.

  34. Passed to Rules Committee for second reading.

  35. Scheduled for public hearing in the Senate Committee on Ways & Means at 04:00 PM

  36. Minority; without recommendation.

  37. Minority; do not pass.

  38. WM - Majority; 2nd substitute bill be substituted, do pass.

  39. Executive action taken in the Senate Committee on Ways & Means at 4:00 PM.

  40. Executive session scheduled, but no action was taken in the Senate Committee on Ways & Means at 4:00 PM.

  41. Scheduled for public hearing in the Senate Committee on Ways & Means at 04:00 PM

  42. Public hearing in the Senate Committee on Ways & Means at 4:00 PM.

  43. Referred to Ways & Means.

  44. Scheduled for public hearing in the Senate Committee on Environment, Energy & Technology at 08:00 AM

  45. And refer to Ways & Means.

  46. Minority; without recommendation.

  47. Minority; do not pass.

  48. ENET - Majority; 1st substitute bill be substituted, do pass.

  49. Executive action taken in the Senate Committee on Environment, Energy & Technology at 8:00 AM.

  50. Scheduled for public hearing in the Senate Committee on Environment, Energy & Technology at 08:00 AM

  51. Work session in the Senate Committee on Environment, Energy & Technology at 8:00 AM.

  52. Scheduled for public hearing in the Senate Committee on Environment, Energy & Technology at 10:30 AM

  53. Public hearing in the Senate Committee on Environment, Energy & Technology at 10:30 AM.

  54. First reading, referred to Environment, Energy & Technology.

  55. Prefiled for introduction.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 11 co-sponsors · 139 not signed on · 49 voted No

Sponsors (1)

  • Carlyle

Co-sponsors (11)

Not signed on (139)

139 members have not signed on to this bill.

Show all 139 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage as Amended by the House (#10)

Passed 27 Yea · 22 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12800
Republican 01300
Democrat 15100
Total 272200
% of votes cast 55%45%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Nay
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Nay
Frockt — Yea
Hawkins — Nay
Hobbs — Yea
Honeyford — Nay
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Nay
Randall — Yea
Rivers — Nay
Rolfes — Yea
Sheldon — Yea
Van De Wege — Nay
Wilson, L. — Nay
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Nay
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Chris Gildon Republican Nay
Curtis King Republican Nay
Jeff Holy Republican Nay
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Wagoner Republican Nay
Mark Schoesler Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Nay
Ron Muzzall Republican Nay
Shelly Short Republican Nay

Official roll call →

Final Passage as Amended by the House (#1)

Passed 54 Yea · 43 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 02501
Democrat 46200
Unaffiliated 81600
Total 544301
% of votes cast 55%44%0%1%
How each member voted (98)
Member Party Vote
Chambers — Nay
Chandler — Nay
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Nay
Harris-Talley — Nay
Hoff — Nay
Kirby — Yea
Klippert — Nay
Kraft — Nay
Kretz — Nay
Maycumber — Nay
McCaslin — Nay
Mosbrucker — Nay
Robertson — Nay
Sells — Yea
Sullivan — Yea
Sutherland — Nay
Vick — Nay
Wicks — Yea
Wilcox — Nay
Young — Nay
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Nay
Amy Walen Democrat Yea
April Berg Democrat Yea
Bill Ramos Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Nay
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Nay
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Nay
Drew MacEwen Republican Nay
Drew Stokesbary Republican Not Voting
Ed Orcutt Republican Nay
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
Keith Goehner Republican Nay
Mark Klicker Republican Nay
Mary Dye Republican Nay
Matt Boehnke Republican Nay
Michelle Valdez Republican Nay
Mike Steele Republican Nay
Mike Volz Republican Nay
Paul Harris Republican Nay
Peter Abbarno Republican Nay
Rob Chase Republican Nay
Skyler Rude Republican Nay
Tom Dent Republican Nay

Official roll call →

3rd Reading & Final Passage (#5)

Passed 25 Yea · 24 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11900
Republican 01300
Democrat 14200
Total 252400
% of votes cast 51%49%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Nay
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Nay
Frockt — Yea
Hawkins — Nay
Hobbs — Yea
Honeyford — Nay
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Nay
Randall — Yea
Rivers — Nay
Rolfes — Yea
Sheldon — Nay
Van De Wege — Nay
Wilson, L. — Nay
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Nay
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Chris Gildon Republican Nay
Curtis King Republican Nay
Jeff Holy Republican Nay
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Wagoner Republican Nay
Mark Schoesler Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Nay
Ron Muzzall Republican Nay
Shelly Short Republican Nay

Official roll call →

Refer to the Committee on Transportation (#2)

Failed 21 Yea · 28 Nay
Party YeaNayPresentNot Voting
Unaffiliated 81200
Republican 13000
Democrat 01600
Total 212800
% of votes cast 43%57%0%0%
How each member voted (49)
Member Party Vote
Billig — Nay
Brown — Yea
Carlyle — Nay
Darneille — Nay
Das — Nay
Ericksen — Yea
Frockt — Nay
Hawkins — Yea
Hobbs — Nay
Honeyford — Yea
Keiser — Nay
Kuderer — Nay
Mullet — Nay
Padden — Yea
Randall — Nay
Rivers — Yea
Rolfes — Nay
Sheldon — Yea
Van De Wege — Nay
Wilson, L. — Yea
Annette Cleveland Democrat Nay
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Nay
Derek Stanford Democrat Nay
Jamie Pedersen Democrat Nay
Jesse Salomon Democrat Nay
Joe Nguyen Democrat Nay
June Robinson Democrat Nay
Lisa Wellman Democrat Nay
Liz Lovelett Democrat Nay
Manka Dhingra Democrat Nay
Marko Liias Democrat Nay
Rebecca Saldaña Democrat Nay
Steve Conway Democrat Nay
T'wina Nobles Democrat Nay
Victoria Hunt Democrat Nay
Chris Gildon Republican Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Motion to Refer SB 5126 to Transportation Committee (#2)

Failed 21 Yea · 28 Nay
Party YeaNayPresentNot Voting
Unaffiliated 81200
Republican 13000
Democrat 01600
Total 212800
% of votes cast 43%57%0%0%
How each member voted (49)
Member Party Vote
Billig — Nay
Brown — Yea
Carlyle — Nay
Darneille — Nay
Das — Nay
Ericksen — Yea
Frockt — Nay
Hawkins — Yea
Hobbs — Nay
Honeyford — Yea
Keiser — Nay
Kuderer — Nay
Mullet — Nay
Padden — Yea
Randall — Nay
Rivers — Yea
Rolfes — Nay
Sheldon — Yea
Van De Wege — Nay
Wilson, L. — Yea
Annette Cleveland Democrat Nay
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Nay
Derek Stanford Democrat Nay
Jamie Pedersen Democrat Nay
Jesse Salomon Democrat Nay
Joe Nguyen Democrat Nay
June Robinson Democrat Nay
Lisa Wellman Democrat Nay
Liz Lovelett Democrat Nay
Manka Dhingra Democrat Nay
Marko Liias Democrat Nay
Rebecca Saldaña Democrat Nay
Steve Conway Democrat Nay
T'wina Nobles Democrat Nay
Victoria Hunt Democrat Nay
Chris Gildon Republican Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

environment technology
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Frequently asked questions

Who sponsors SB 5126?
SB 5126 is sponsored by Derek Stanford (Democrat), Jesse Salomon (Democrat), Jamie Pedersen (Democrat), Marko Liias (Democrat), Frockt, Das, Steve Conway (Democrat), Rebecca Saldaña (Democrat), Carlyle, Victoria Hunt (Democrat), Joe Nguyen (Democrat), and Claire Wilson (Democrat).
What is the current status of SB 5126?
This bill has been enacted into law. Introduced January 08, 2021. Enacted.
Where can I track SB 5126?
Track SB 5126 free on One Click Politics — get push/email alerts when it moves.

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