HB 2215 — Concerning climate commitment act compliance obligations for fuels supplied or otherwise sold into Washington.

H-3273.2H-2649.2 SUBSTITUTE HOUSE BILL 2215 State of Washington 69th Legislature 2026 Regular Session By House Environment & Energy (originally sponsored by Representatives Fitzgibbon, Doglio, Ryu, Parshley, Peterson, Berry, Reed, Street, Duerr, Thomas, Ormsby, Goodman, Hill, and Pollet)Pollet READPrefiled FIRST12/30/25. TIME 01/30/26.

Read first time 01/12/26.

Referred to Committee on Environment & Energy.

1 SHBHB 2215 entity associated with all fuel supplied or otherwise produced, imported, or delivered in Washington, except in de minimis volumes;volumes of below 500 metric tons of carbon dioxide equivalent annually;

2 SHBHB 2215 imported electricity exceeds 25,000 metric tons of carbon dioxide equivalent.

3 SHBHB 2215 (i) 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, where the person owns or operates a 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;

(ii) Except as provided in (b) of this subsection, the person is a supplier of gasoline, diesel, biodiesel, or propane or any combination thereof, and from that fuel 500 metric tons or more of gasoline,carbon diesel,dioxide biodiesel,equivalent emissions would result from the full combustion or propane,oxidation andof that fuel in a calendar year, excluding the person:amounts for fuel products that are produced or imported with a documented final point of delivery outside of Washington and combusted outside of Washington;

(A) Can demonstrate that it began producing, importing, delivering, or selling any combination of gas, diesel, biodiesel, or propane before January 1, 2023, and from that fuel 10,000 metric tons or more of carbon dioxide equivalent emissions would result from the full combustion or oxidation of that fuel in a calendar year, excluding the amounts for fuel products that are produced or imported with a documented final point of delivery outside of Washington and combusted outside of Washington;

or (B) Began producing, importing, delivering, or selling any combination of gas, diesel, biodiesel, or propane on or after January 1, 2023, and from that fuel 500 metric tons or more of carbon dioxide equivalent emissions would result from the full combustion or oxidation of that fuel in a calendar year, excluding the amounts for fuel products that are produced or imported with a documented final point of delivery outside of Washington and combusted outside of Washington;

(b) The department may, by rule, lower anythe of500 themetric thresholdston threshold specified in (a)(a)(ii) and (iii) of this subsection if practicable and if necessary to ensure the achievement of the goals of this chapter or eliminate significant distortions in the fuel supply marketplace.

(3) A person is a covered entity as of the beginning of the third compliance period, and all subsequent compliance periods if the person reported emissions under RCW 70A.15.2200 or provided emissions p.data as required by this chapter for 2027 or 2028, where the person owns or operates a railroad company, as that term is defined in RCW 81.04.010, and the railroad company's emissions equal or exceed 25,000 metric tons of carbon dioxide equivalent.

4 SHB 2215 data as required by this chapter for 2027 or 2028, where the person owns or operates a railroad company, as that term is defined in RCW 81.04.010, and the railroad company's emissions equal or exceed 25,000 metric tons of carbon dioxide equivalent.

When a covered entity reports emissions below the threshold for each year during an entire compliance period, orp. has ceased all processes at the facility requiring reporting under RCW 70A.15.2200, the entity is no longer a covered entity as of the beginning of the subsequent compliance period unless the department provides notice at least 12 months before the end of the compliance period that the facility's emissions were within 10 percent of the threshold and that the person will continue to be designated as a covered entity in order to ensure equity among all covered entities.

4 HB 2215 or has ceased all processes at the facility requiring reporting under RCW 70A.15.2200, the entity is no longer a covered entity as of the beginning of the subsequent compliance period unless the department provides notice at least 12 months before the end of the compliance period that the facility's emissions were within 10 percent of the threshold and that the person will continue to be designated as a covered entity in order to ensure equity among all covered entities.

(6) 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 RCW 70A.15.2200 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 p.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.

5 SHB 2215 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.

(7)p. 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:

5 HB 2215 (7) 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:

and p.(C) "Special fuel" means diesel, liquefied petroleum gas (also called propane), and biodiesel;

6 SHB 2215 (C) "Special fuel" means diesel, liquefied petroleum gas (also called propane), and biodiesel;

The department may by rule authorize refineries, fuel suppliers, facilities using naturalp. gas, and natural gas utilities to provide by agreement for the assumption of the compliance obligation for fuel or natural gas supplied and combusted in the state.

6 HB 2215 natural gas, and natural gas utilities to provide by agreement for the assumption of the compliance obligation for fuel or natural gas supplied and combusted in the state.

Nothing in this subsection requires a lead agency or a permitting agency to p.approve or issue a permit to a permit applicant, including to a new or expanded fossil fuel project.

7(e) SHBA 2215lead approveagency orunder issuechapter a43.21C permitRCW toor a permitpermitting applicant,agency includingshall toallow a new or expanded fossilfacility fuelthat project.is a covered entity or opt-in entity to satisfy a mitigation requirement for its covered emissions under this chapter and under any greenhouse gas emission mitigation requirements for covered emissions under chapter 43.21C RCW by submitting to the department the number of compliance p.

(e)7 AHB lead2215 agency under chapter 43.21C RCW or a permitting agency shall allow a new or expanded facility that is a covered entity or opt-in entity to satisfy a mitigation requirement for its covered emissions under this chapter and under any greenhouse gas emission mitigation requirements for covered emissions under chapter 43.21C RCW by submitting to the department the number of compliance instruments equivalent to its covered emissions during a compliance period.

PROVIDED, That the amount of the fee shall only be to compensate for the costs of administering such registration or reporting program which shall be defined as initial registration and annual or other periodic reports from the source owner providing information directly related to air pollution registration, on-site inspections necessary to verify compliance with registration requirements, data storage and retrieval systems necessary for support of the registration program, emission inventory reports and emission reduction credits computed from information provided by sources pursuant to registration program requirements, staff review, p.

8 SHBHB 2215 reporting program which shall be defined as initial registration and annual or other periodic reports from the source owner providing information directly related to air pollution registration, on-site inspections necessary to verify compliance with registration requirements, data storage and retrieval systems necessary for support of the registration program, emission inventory reports and emission reduction credits computed from information provided by sources pursuant to registration program requirements, staff review, including engineering or other reliable analysis for accuracy and currentness, of information provided by sources pursuant to registration program requirements, clerical and other office support provided in direct furtherance of the registration program, and administrative support provided in directly carrying out the registration program:

p.(a) A "grain warehouse" or "grain elevator" is an establishment classified in standard industrial classification (SIC) code 5153 for wholesale trade for which a license is required and includes, but is not limited to, such a licensed facility that also conducts cleaning operations for grain;

9(b) SHB 2215 (a) A "grain"license" warehouse" or "grain elevator" is ana establishmentlicense classifiedissued inby standardthe industrialdepartment classificationof (SIC)agriculture codelicensing 5153a forfacility wholesaleas trade for which a licensegrain iswarehouse requiredor andgrain includes,elevator butunder ischapter not22.09 limitedRCW to,or such a licensedlicense facilityissued thatby alsothe conductsfederal cleaningp. operations for grain;

(b)9 AHB "license"2215 is a license issued by the department of agriculture licensing a facility as a grain warehouse or grain elevator under chapter 22.09 RCW or a license issued by the federal government licensing a facility as a grain warehouse or grain elevator for purposes similar to those of licensure for the facility under chapter 22.09 RCW;

(5)(a) The department shall adopt rules requiring persons to report emissions of greenhouse gases as defined in RCW 70A.45.010 where those emissions from a single facility, or((or from fossil fuels other than those specified in RCW 70A.65.080(2)(a) that are sold in Washington by a single supplier or local distribution company,company,)) meet or exceed 10,000 metric tons of carbon dioxide equivalent annually, or from fossil fuels specified in RCW 70A.65.080(2)(a) sold in Washington by a single person specified in RCW 70A.65.080(2)(a)(ii) or purchased in Washington by a single person specified in RCW 70A.65.080(2)(a)(iii), where those emissions meet or exceed the threshold specified in RCW 70A.65.080(2)(a) for such persons.

and (ii)(A) Except as provided in (a)(ii)(B) of this subsection, each annual report must include emissions data for the preceding calendar year and must be submitted to the department by March 31st of the p.year in which the report is due, except for an electric power entity, which must submit its report by June 1st of the year in which the report is due;

10(B) SHBTo 2215ensure yearthat the program created in whichchapter the70A.65 reportRCW isremains due,implementable exceptand forcapable anof electricfulfilling powera entity,linkage whichagreement mustunder submitRCW its70A.65.210, reportif bythe Junedepartment 1stdetermines ofthat thetimely yearreporting inunder whichthis section is infeasible due to actions attributable to a third party upon whom the reportagency isrelies due;to collect p.

(B)10 ToHB ensure2215 that the program created in chapter 70A.65 RCW remains implementable and capable of fulfilling a linkage agreement under RCW 70A.65.210, if the department determines that timely reporting under this section is infeasible due to actions attributable to a third party upon whom the agency relies to collect emissions data from entities required to report including, but not limited to, the United States environmental protection agency, the department may, by rule, including emergency rule, require any greenhouse gas emissions reports for emissions in any combination of the years 2024 through 2030 to be submitted at an alternate date of no later than June 1, 2031.

p.(c) The department shall share any reporting information reported to it with the local air authority in which the person reporting under the rules adopted by the department operates.

11 SHB 2215 (c) The department shall share any reporting information reported to it with the local air authority in which the person reporting under the rules adopted by the department operates.

When a person that holds a compliance obligation under RCW 70A.65.080 fails to submit an emissions data reportp. or fails to obtain a positive emissions data verification statement in accordance with (f)(ii) of this subsection, the department may assign an emissions level for that person.

11 HB 2215 report or fails to obtain a positive emissions data verification statement in accordance with (f)(ii) of this subsection, the department may assign an emissions level for that person.

p.(ii) For the purpose of this subsection (5), the term "supplier" includes:

12 SHB 2215 (ii) For the purpose of this subsection (5), the term "supplier" includes: