{"data":{"id":"us-wa/rcw-70a.65.350","jurisdiction":"us-wa","citation":"RCW 70A.65.350","heading":"Emissions-intensive, trade-exposed facilities—Report to legislature—Recommendations. (Expires July 1, 2029.)","body":"(1) By December 1, 2026, the department shall provide recommendations for the consideration of the legislature regarding the schedule of allowances to be provided to emissions-intensive, trade-exposed facilities specified in RCW 70A.65.110 from January 1, 2035, through January 1, 2050.\n(2) Recommendations in the report due December 1, 2026, must identify:\n(a) A proposed method for making annual reductions to emissions-intensive, trade-exposed facility allowance allocation that would ensure against leakage and ensure total no-cost allowances allocated to emissions-intensive, trade-exposed facilities do not conflict with the annual allowance budgets established by the department under RCW 70A.65.070 and do not prohibit the state from achieving the emissions limits established in RCW 70A.45.020, including the percentage reductions in emissions-intensive, trade-exposed facility allowance allocation that would be applied each year from January 1, 2035, through January 1, 2050;\n(b) Proposed criteria and methods to make adjustments to allowances allocated at no cost to emissions-intensive, trade-exposed facilities to address significant changes in leakage risk and to achieve the purposes of the greenhouse gas emissions cap and invest program established under this chapter including, but not limited to, the achievement of emissions limits established in RCW 70A.45.020;\n(c) The proposed design of an allowance allocation policy or method that would require a portion of the allowances provided at no cost to emissions-intensive, trade-exposed facilities to be consigned to auction and for the proceeds to be invested in projects or programs for reducing greenhouse gas emissions at the emissions-intensive, trade-exposed facilities from which they were consigned, including the percentage of allowances to be consigned to auction and proposed criteria and methods for the distribution and use of consigned funds at each emissions-intensive, trade-exposed facility;\n(d) Additional state policies or strategies that may be necessary to support the reduction of emissions and decarbonization of emissions-intensive, trade-exposed facilities in support of the achievement of emissions limits established in RCW 70A.45.020, including how to address technological and economic feasibility and infeasibility, and other barriers to implementation; and\n(e) Provisions of this chapter or other state laws that need to be amended to implement the recommendations developed by the department under this section.\n(3) In developing these recommendations, the department must consider input received from representatives of the facilities listed in RCW 70A.65.110(1), covered entities, environmental advocates, overburdened communities, tribes, subject matter experts, and the public, and should consider:\n(a) Anticipated demand for allowances from emissions-intensive, trade-exposed facilities and other covered entities through 2050;\n(b) Potential for deployment of technologies and strategies for reducing emissions at emissions-intensive, trade-exposed facilities through 2050 and other facility-specific or industry-specific factors, including consideration of factors that may affect deployment of these technologies and strategies, such as technical and economic feasibility and infeasibility;\n(c) Potential impacts of implementing the recommendations on overburdened communities and vulnerable populations; and\n(d) Interactions with other state policies and programs designed to reduce greenhouse gas emissions and achieve statewide emissions limits established in RCW 70A.45.020.\n(4) In addition to these recommendations, the department may include information on additional state policies or strategies that incentivize emissions-intensive, trade-exposed facilities to use lower-carbon raw materials, recycled materials, or material substitutions, to reduce the emissions attributable to the manufacture of an individual good or goods in the state.\n(5) This section expires July 1, 2029.","path":["Title 70A","Chapter 70A.65"],"source_url":"https://app.leg.wa.gov/rcw/default.aspx?cite=70A.65.350","current_through":"July 15, 2026","vintage":"","retrieved_at":"2026-09-06T03:57:54Z","sha256":"96c4ac796345e69abdbc894790a76995d3ba64698b837f02b91488645caf2ac0","source_id":"us-wa","stale":false,"prev":"us-wa/rcw-70a.65.340","next":"us-wa/rcw-70a.65.400"},"notice":"GroundRules: Original legal text. Not legal advice."}