WashingtonOlder waste-to-energy plants receive allowances and make reduction plans
Washington law provides eligible older waste-to-energy plants with free emissions allowances for 2027 through 2030 and requires owners to plan for emissions cuts and material recovery.
What it does
Eligible waste-to-energy facilities built before 1992 receive free emissions allowances. Owners may use auction proceeds from 40 percent of the allowances only for emissions-cutting projects or programs approved by the state.
Owners of older waste-to-energy facilities must submit plans for cutting emissions and reducing waste while recovering more materials. They must consider community health and consult local advisory groups.
If an eligible facility closes, the state must withhold or withdraw its allowances. If it curtails production, it keeps its allowances but cannot trade them or receive new free allowances during the curtailment.
Argument forOwners may use approved auction proceeds for projects that cut emissions from older waste-to-energy facilities.
Argument againstFacilities that emit more than their free allowances may need to obtain additional permits or credits, while limits apply to the offset credits they can use.
More detail
The Department of Ecology allocates free emissions allowances to eligible waste-to-energy facilities. These allowances are for facilities built before 1992 that meet the stated operating conditions. The facility must comply with federal laws and regulations and meet state air quality standards. Forty percent of the allowances must be sent to auction. The owner or operator may use those proceeds only for emissions-cutting projects or programs approved by the department. If emissions exceed the allowances, the owner or operator must obtain additional compliance instruments. The allowances cover emissions years 2027 through 2030. They equal 100 percent of the facility’s average annual emissions from 2021 through 2025 for 2027 and 2028, 93 percent for 2029, and 86 percent for 2030.
The facility owner or operator must submit a two-part plan and take reasonable steps toward carrying it out. The plan duty applies to waste-to-energy facilities built before 1992. The emissions plan must describe how the facility will meet state emissions limits for 2040 and 2050. The waste plan must follow the state’s waste management hierarchy and consider state policies and the local solid waste plan. When developing the plan, the owner or operator must consider effects on overburdened communities and vulnerable populations and consult local climate or sustainability advisory groups. The owner or operator must provide the plan by December 1, 2030. After the department comments, the owner or operator must finalize it within 120 days and take reasonable steps toward putting it into effect.
The Department of Ecology must withhold or withdraw allowances when a facility closes and restrict them when it curtails production. These rules apply to a facility receiving allowances under this section. A curtailed facility keeps its allowances, but cannot trade, sell, or transfer them and remains subject to emissions-reduction requirements. A facility cannot receive free allowances while production is curtailed. If it closes, unused allowances go to the emissions containment reserve. These rules apply when a facility stops production and closes, or curtails all production.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 25Effective date 6/11/2026.Latest
- Mar 25Chapter 216, 2026 Laws.Major
- Mar 25Governor Bob Ferguson signed.Became Law
- Mar 12Delivered to Governor.To Governor
- Mar 12President signed.Major
- Mar 12Speaker signed.Passed Senate
- Mar 11Passed final passage; yeas, 76; nays, 20; absent, 0; excused, 2.Passed House
- Vote recorded Final Passage as Amended by the Senate (#34). Result: pass.Lower
- Mar 11House concurred in Senate amendments.
- Mar 4Third reading, passed; yeas, 39; nays, 10; absent, 0; excused, 0.Minor
- Vote recorded 3rd Reading & Final Passage as Amended by the Senate (#25). Result: pass.Upper
- Mar 4Rules suspended. Placed on Third Reading.Minor
- Mar 4Committee amendment(s) adopted as amended.
- Mar 3Placed on second reading by Rules Committee.Minor
- Mar 2Passed to Rules Committee for second reading.
- Mar 2Minority; without recommendation.Minor
- Mar 2Minority; do not pass.Minor
- Mar 2WM - Majority; do pass with amendment(s).Minor
- Mar 2Executive action taken in the Senate Committee on Ways & Means at 10:30 AM.
- Feb 27Public hearing in the Senate Committee on Ways & Means at 2:30 PM.
- Feb 25Referred to Ways & Means.Minor
- Feb 24And refer to Ways & Means.Minor
- Feb 24ENET - Majority; do pass with amendment(s).Minor
- Feb 24Executive action taken in the Senate Committee on Environment, Energy & Technology at 1:30 PM.
- Feb 20Public hearing in the Senate Committee on Environment, Energy & Technology at 10:30 AM.
- Feb 19First reading, referred to Environment, Energy & Technology.Minor
- Feb 17Third reading, passed; yeas, 67; nays, 30; absent, 0; excused, 1.Minor
- Vote recorded 3rd Reading & Final Passage (#18). Result: pass.Lower
- Feb 17Rules suspended. Placed on Third Reading.Minor
- Feb 17Floor amendment(s) adopted.
- Feb 172nd substitute bill substituted (APP 26).Major
- Feb 17Rules Committee relieved of further consideration. Placed on second reading.Minor
- Feb 9Referred to Rules 2 Review.Minor
- Feb 9Minority; without recommendation.Minor
- Feb 9Minority; do not pass.Minor
- Feb 9APP - Majority; 2nd substitute bill be substituted, do pass.Major
- Feb 9Executive action taken in the House Committee on Appropriations at 10:30 AM.
- Feb 6Public hearing in the House Committee on Appropriations at 10:30 AM.
- Feb 4Referred to Appropriations.Minor
- Feb 3Minority; without recommendation.Minor
- Feb 3Minority; do not pass.Minor
- Feb 3ENVI - Majority; 1st substitute bill be substituted, do pass.Major
- Feb 3Executive action taken in the House Committee on Environment & Energy at 4:00 PM.
- Jan 20Public hearing in the House Committee on Environment & Energy at 4:00 PM.
- Jan 13First reading, referred to Environment & Energy.Introduced
Environment & Energy