Washington § 70A.65.090 - Requirements.

Full text of Washington Revised Code of Washington § 70A.65.090 — Requirements., with citation guidance and answers to common questions.

§ 70A.65.090. Requirements.

(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 other registered entities.
(3) A person responsible for greenhouse gas emissions that is not a covered entity may voluntarily participate in the program by registering as an opt-in entity. An opt-in entity must satisfy the same registration requirements as covered entities. Once registered, an opt-in entity is allowed to participate as a covered entity in auctions and must assume the same compliance obligation to transfer compliance instruments equal to their emissions at the appointed transfer dates. An opt-in entity may opt out of the program at the end of any compliance period by providing written notice to the department at least six months prior to the end of the compliance period. The opt-in entity continues to have a compliance obligation through the current compliance period. An opt-in entity is not eligible to receive allowances directly distributed under RCW 70A.65.110, 70A.65.120, or 70A.65.130.
(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. General market 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.
(6) The department shall use a secure, online electronic tracking system to: Register entities in the state program; issue compliance instruments; track ownership of compliance instruments; enable and record compliance instrument transfers; facilitate program compliance; and support market oversight.
(7) The department must use an electronic tracking system that allows two accounts to each covered or opt-in entity:
(a) A compliance account where the compliance instruments are transferred to the department for retirement. Compliance instruments in compliance accounts may not be sold, traded, or otherwise provided to another account or person.
(b) A holding account that is used when a registered entity is interested in trading allowances. Allowances in holding accounts may be bought, sold, transferred to another registered entity, or traded. The amount of allowances a registered entity may have in its holding account is constrained by the holding limit as determined by the department by rule. Information about the contents of each holding account, including but not limited to the number of allowances in the account, must be displayed on a regularly maintained and searchable public website established and updated by the department.
(8) Registered general market participants are each allowed an account, to hold, trade, sell, or transfer allowances.
(9) The department shall maintain an account for the purpose of retiring allowances transferred by registered entities and from the voluntary renewable reserve account.
(10) The department shall maintain a public roster of all covered entities, opt-in entities, and general market participants on the department's public website. The roster must specify the provision of RCW 70A.65.080 (1), (2), or (3) under which each covered entity is determined to be a covered entity, and must identify any fuel sellers described in RCW 70A.65.200(1)(b).
(11) The department shall include a voluntary renewable reserve account.
[ 2026 c 251 s 4; 2021 c 316 s 11.]

Notes

Intent—Findings—2026 c 251: See note following RCW 70A.65.080.

Frequently Asked Questions About Washington § 70A.65.090

What does Revised Code of Washington § 70A.65.090 cover?

Section 70A.65.090 ("Requirements.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 70A.65.090?

A common citation format is "Revised Code of Washington § 70A.65.090" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 70A.65.090 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.