Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY
87 chapters · 1,249 sections in this title.
RCW 70A.50.030 Farm energy efficiency improvements.
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(1) The legislature finds that increasing energy costs put farm viability and competitiveness at risk and that energy efficiency improvements on the farm are the most cost-effective way to manage these costs. The legislature further finds that current on-farm energy efficiency pr…
RCW 70A.55.010 Findings—Intent.
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The legislature finds that investments in diesel engine idling reduction projects cost-effectively improve public health by reducing harmful diesel emissions. The legislature further finds that these investments also result in long-term savings in fuel and maintenance costs. It i…
RCW 70A.55.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Account" means the diesel idle reduction account created in RCW 70A.55.040.(2) "Department" means the department of ecology.(3) "Loan recipient" means a state, local, …
RCW 70A.55.030 Diesel idle emission reduction technologies and infrastructure—Loans.
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(1) The department shall use the moneys in the account to provide loans with low or no interest to loan recipients for the purpose of reducing exposure to diesel emissions and improving public health by investing in diesel idle emission reduction technologies and infrastructure. …
RCW 70A.55.040 Diesel idle reduction account.
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The diesel idle reduction account is created in the state treasury. All receipts from remittances made by loan recipients pursuant to RCW 70A.55.030 and any moneys appropriated to the account by law must be deposited in the account. Moneys in the account may be spent only after a…
RCW 70A.55.050 Adoption of rules.
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The department may adopt rules necessary to implement this chapter only after the legislature appropriates moneys to the account created in RCW 70A.55.040.[ 2020 c 20 s 1434; 2014 c 74 s 7. Formerly RCW 70.325.050.]
RCW 70A.60.005 Finding—Intent.
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(1) The legislature finds that hydrofluorocarbons are air pollutants that pose significant threats to our environment. Although hydrofluorocarbons currently represent a small proportion of the state's greenhouse gas emissions, emissions of hydrofluorocarbons have been rapidly inc…
RCW 70A.60.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1)(a) "Air conditioning" means the process of treating air to meet the requirements of a conditioned space by controlling its temperature, humidity, cleanliness, or distri…
RCW 70A.60.020 Refrigerant substitutes—Limitations—Rule making.
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(1) Within 12 months of another state's enactment or adoption of restrictions on substitutes applicable to new light duty vehicles, the department may adopt restrictions applicable to the sale, lease, rental, or other introduction into commerce by a manufacturer of new light duty…
RCW 70A.60.030 Refrigerant management program—Rules—Fees.
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(1) The department shall establish a refrigerant management program designed to reduce emissions of refrigerants, including regulated substances and their substitutes, from activities or equipment responsible for significant volumes of such emissions. The program must include, at…
RCW 70A.60.040 Department's authority.
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(1) The authority granted by this chapter to the department for restricting the use of substitutes is supplementary to the department's authority to control air pollution pursuant to chapter 70A.15 RCW. Nothing in this chapter limits the authority of the department under chapter …
RCW 70A.60.050 Refrigerant emission management account.
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The refrigerant emission management account is created in the state treasury. All receipts received by the state from the fees imposed under RCW 70A.60.030 must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account…
RCW 70A.60.060 Prohibited products and equipment—Department's rule-making authority—Disclosure of substitutes used in products or equipment.
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(1) A person may not offer any product or equipment for sale, lease, or rent, or install or otherwise cause any equipment or product to enter into commerce in Washington if that equipment or product consists of, uses, or will use a substitute, as set forth in appendix U and V, Su…
RCW 70A.60.070 Recovery of regulated refrigerants.
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(1) A person who services or repairs or disposes of a motor vehicle air conditioning system; commercial or industrial air conditioning, heating, or refrigeration system; or consumer appliance shall use refrigerant extraction equipment to recover regulated refrigerants and substit…
RCW 70A.60.080 Regulated refrigerants—Substitutes—Nonessential consumer products containing hydrofluorocarbons—Limitation on sale or purchase.
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No person may sell, offer for sale, or purchase any of the following:(1) A substitute with a global warming potential of greater than 150 or a regulated refrigerant in a container designed for consumer recharge of a motor vehicle air conditioning system or consumer appliance duri…
RCW 70A.60.090 Refrigerants—Rules.
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The department shall adopt rules to implement RCW 70A.60.070 and 70A.60.080. Rules shall include but not be limited to minimum performance specifications for refrigerant extraction equipment, procedures under which owners or operators of stationary refrigeration equipment and air…
RCW 70A.60.100 Prohibition on bulk hydrofluorocarbons—Rule making—Exceptions—Penalties.
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(1) It is prohibited to sell, distribute, or otherwise enter into commerce in the state newly produced bulk hydrofluorocarbons or newly produced bulk hydrofluorocarbon blends that:(a) Have a global warming potential that exceeds 1,500, beginning January 1, 2030; and(b) Have a glo…
RCW 70A.60.110 Refrigerant transition task force.
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(1) The department must establish a refrigerant transition task force to study opportunities and barriers to transitioning to climate-friendly refrigerants and enhancing refrigerant recovery, recycling, reclamation, and destruction.(a) By July 1, 2026, the department must appoint…
RCW 70A.60.120 Transition to refrigerants with low global warming potential—Rule making.
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(1) To achieve the transition to refrigerants with low global warming potential and ultra-low global warming potential by 2035, accounting for distinctions among different types of equipment and appliances for hydrofluorocarbon-using sectors and subsectors and the timelines neede…
RCW 70A.65.005 Findings—Intent.
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(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. Washington is experiencing environmental and community impacts due to climate…
RCW 70A.65.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Allowance" means an authorization to emit up to one metric ton of carbon dioxide equivalent.(2) "Allowance price containment reserve" means an account maintained by th…
RCW 70A.65.020 Environmental justice review.
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(1) To ensure that the program created in RCW 70A.65.060 through 70A.65.210 achieves reductions in criteria pollutants as well as greenhouse gas emissions in overburdened communities highly impacted by air pollution, the department must:(a) Identify overburdened communities, whic…
RCW 70A.65.030 Environmental justice assessment (as amended by 2025 c 58).
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) Except as provided in subsection (4) of this section, each year or biennium, as appropriate, when allocating funds from the carbon emissions reduction account created in RCW 70A.65.240, the climate commitment account created in RCW 7…
RCW 70A.65.040 Environmental justice council—Duties.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) The environmental justice council created in RCW 70A.02.110 must provide recommendations to the legislature, agencies, and the governor in the development and implementation of the program established in RCW 70A.65.060 through 70A.65…
RCW 70A.65.050 Governance structure.
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(1) The governor shall establish a governance structure to implement the state's climate commitment under the authority provided under this chapter and other statutory authority to provide accountability for achieving the state's greenhouse gas limits in RCW 70A.45.020, to establ…
RCW 70A.65.060 Cap on greenhouse gas emissions.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) In order to ensure that greenhouse gas emissions are reduced by covered entities consistent with the limits established in RCW 70A.45.020, the department must implement a cap on greenhouse gas emissions from covered entities and a pr…
RCW 70A.65.070 Annual allowance budget and timelines.
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(1)(a)(i) 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 greenhous…
RCW 70A.65.080 Program coverage.
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*** CHANGE IN 2026 *** (SEE 2215-S2.SL) ****** CHANGE IN 2026 *** (SEE 2367.SL) ***(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 yea…
RCW 70A.65.090 Requirements.
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*** CHANGE IN 2026 *** (SEE 2215-S2.SL) ***(1) All covered entities must register to participate in the program, following procedures adopted by the department by rule.(2) Entities registering to participate in the program must describe any direct or indirect affiliation with oth…
RCW 70A.65.100 Auctions of allowances.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) Except as provided in RCW 70A.65.110, 70A.65.120, and 70A.65.130, the department shall distribute allowances through auctions as provided in this section and in rules adopted by the department to implement these sections. An allowanc…
RCW 70A.65.110 Allocation of allowances to emissions-intensive, trade-exposed industries.
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*** CHANGE IN 2026 *** (SEE 6246.SL) ***(1) Facilities owned or operated by a covered entity must receive an allocation of allowances for the covered emissions at those facilities under this subsection at no cost if the operations of the facility are classified as emissions-inten…
RCW 70A.65.120 Allocation of allowances to electric utilities.
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*** CHANGE IN 2026 *** (SEE 2416-S2.SL) ***(1) The legislature intends by this section to allow all consumer-owned electric utilities and investor-owned electric utilities subject to the requirements of chapter 19.405 RCW, the Washington clean energy transformation act, to be eli…
RCW 70A.65.130 Allocation of allowances to natural gas utilities.
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(1) For the benefit of ratepayers, allowances must be allocated at no cost to covered entities that are natural gas utilities.(a) By October 1, 2022, the department shall adopt rules, in consultation with the utilities and transportation commission, establishing the methods and p…
RCW 70A.65.140 Emissions containment reserve withholding.
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*** CHANGE IN 2026 *** (SEE 2416-S2.SL) ***(1) To help ensure that the price of allowances remains sufficient to incentivize reductions in greenhouse gas emissions, the department must establish an emissions containment reserve and set an emissions containment reserve trigger pri…
RCW 70A.65.150 Allowance price containment.
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(1) To help minimize allowance price volatility in the auction, the department shall adopt by rule an auction floor price and a schedule for the floor price to increase by a predetermined amount every year. The department may not sell allowances at bids lower than the auction flo…
RCW 70A.65.160 Price ceiling.
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(1)(a) The price ceiling for calendar years 2026 and 2027 shall be $80 to provide cost protection for covered entities obligated to comply with this chapter. The department must adjust the allowance price containment reserve tier 2 price to reflect the 2026 and 2027 price ceiling…
RCW 70A.65.170 Offsets.
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(1) The department shall adopt by rule the protocols for establishing offset projects and generating offset credits that may be used to meet a portion of a covered or opt-in entity's compliance obligation under this chapter. The protocols adopted by the department under this sect…
RCW 70A.65.180 Assistance program for offsets on tribal lands.
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(1) In order to ensure that a sufficient number of high quality offset projects are available under the limits set in RCW 70A.65.170, the department must establish an assistance program for offset projects on federally recognized tribal lands in Washington. The assistance may inc…
RCW 70A.65.200 Enforcement—Penalty.
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*** CHANGE IN 2026 *** (SEE 2215-S2.SL) ****** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) All covered and opt-in entities are required to submit compliance instruments in a timely manner to meet the entities' compliance obligations and shall comply with all requirements for monit…
RCW 70A.65.210 Linkage with other jurisdictions.
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(1) Subject to making the findings and conducting the public comment process described in subsection (3) of this section, the department shall seek to enter into linkage agreements with other jurisdictions with external greenhouse gas emissions trading programs in order to:(a) Al…
RCW 70A.65.220 Adoption of rules.
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The department shall adopt rules to implement the provisions of the program established in RCW 70A.65.060 through 70A.65.210. The department may adopt emergency rules pursuant to RCW 34.05.350 for initial implementation of the program, to implement the state omnibus appropriation…
RCW 70A.65.230 Investments—Legislative intent—Evaluation.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) It is the intent of the legislature that each year the total investments made through the carbon emissions reduction account created in RCW 70A.65.240, the climate commitment account created in RCW 70A.65.260, the natural climate sol…
RCW 70A.65.240 Carbon emissions reduction account.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) The carbon emissions reduction account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account are intended to affect reductions in transportation sector carbon emi…
RCW 70A.65.250 Climate investment account.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1)(a) The climate investment account is created in the state treasury. Except as otherwise provided in chapter 316, Laws of 2021, all receipts from the auction of allowances authorized in this chapter must be deposited into the account.…
RCW 70A.65.260 Climate commitment account.
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*** CHANGE IN 2026 *** (SEE 5998-S.SL) ****** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) The climate commitment account is created in the state treasury. The account must receive moneys distributed to the account from the climate investment account created in RCW 70A.65.250. Mone…
RCW 70A.65.270 Natural climate solutions account.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) The natural climate solutions account is created in the state treasury. All moneys directed to the account from the climate investment account created in RCW 70A.65.250 must be deposited in the account. Moneys in the account may be s…
RCW 70A.65.280 Air quality and health disparities improvement account.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) The air quality and health disparities improvement account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account are intended to:(a) Improve air quality through t…
RCW 70A.65.290 Joint legislative audit and review committee—Program implementation analysis.
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(1) By December 1, 2029, the joint legislative audit and review committee must analyze the impacts of the initial five years of program implementation and must submit a report summarizing the analysis to the legislature. The analysis must include, at minimum, the following compon…
RCW 70A.65.300 Distributions of moneys—Annual report.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) The department shall prepare, post on the department website, and submit to the appropriate committees of the legislature an annual report that identifies all distributions of moneys from the accounts created in RCW 70A.65.240 throug…
RCW 70A.65.302 Reporting of information—State agencies receiving appropriations from carbon emissions reduction account in an omnibus transportation appropriations act.
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*** CHANGE IN 2026 *** (SEE 2251-S2.SL) ***(1) State agencies that receive or have received appropriations from the carbon emissions reduction account in an omnibus transportation appropriations act are required to report information to estimate emission reductions from fuel conv…