Current through Register Vol. 24-06, March 15, 2024
(1) Fee
determination. Credit and deficit generators as defined in WAC
173-424-110 must pay an annual
fee. Ecology must establish fees based on workload using the process outlined
below. The fees must be sufficient to cover ecology's costs to administer the
clean fuels program.
(2) Fee
eligible activities. All costs of activities associated with implementing and
administering the clean fuels program are fee eligible.
(3) Ecology identifies deficit and credit
generators based on the following:
(a) In
2023, ecology determines deficit and credit generators based on registration
information.
(b) In 2024, ecology
determines deficit and credit generators based on quarterly reports submitted
in 2023.
(c) For all subsequent
years, ecology determines deficit and credit generators based on the annual
compliance reports required by WAC
173-424-430 and covering deficits
generated during the previous compliance year.
(4) Workload analysis and budget development.
Each biennium, ecology, along with the department of commerce, must conduct a
workload analysis and develop a budget for administration of the clean fuels
program. The workload analysis must project resource requirements for
administering the clean fuels program. Ecology must publish the workload
analysis and provide an opportunity for public review and comment on the
workload analysis. The budget must be based on the resource requirements
identified in the workload analysis.
(5) Allocation methodology. Ecology must
allocate the clean fuels program budget among credit and deficit generators.
(a) For fees assessed in 2023, ecology may
collect a participation fee only. Ecology must allocate the participation fee
as follows:
(i) Ninety-five percent of the
annual budget is to be paid by deficit generators.
(ii) Five percent of the annual budget is to
be paid by credit generators.
(b) For fees assessed in 2024 and later,
ecology may collect both a participation fee and a deficit generation fee.
(i) The participation fee must equal five
percent of the annual budget, and ecology must split the fee equally amongst
deficit and credit generators.
(ii)
The deficit generation fee must equal 95 percent of the annual budget, and
ecology must allocate the fee based on the number of deficits generated by an
entity as follows:
(A) Category 1 (highest
fee): Top 30 percent of deficit generators. Category 1 is 70 percent of the
deficit generation fee.
(B)
Category 2 (middle fee): Middle 30 percent of deficit generators. Category 2 is
20 percent of the deficit generation fee.
(C) Category 3 (lowest fee): Lower 30 percent
of deficit generators. Category 3 is 10 percent of the deficit generation
fee.
(D) Category 4 (fee
exemption): The lowest 10 percent of deficit generators will be exempt from the
deficit generation fee.
(6) Fee schedule.
(a) In 2023, ecology must prepare an annual
budget that reflects the estimated cost of administering the clean fuels
program. Following preparation of the annual budget, ecology must:
(i) Post the draft annual budget and
estimated fees on ecology's website by February 1, 2023.
(ii) Provide a 30-day public comment period
on the draft budget and fees.
(iii)
Post the final budget and fees by March 15, 2023.
(b) In 2024, ecology must prepare an annual
budget that reflects the estimated cost of administering the clean fuels
program. Following preparation of the annual budget, ecology must:
(i) Post the draft 2024 workload analysis,
annual budget, estimated fees, and list of deficit generators on ecology's
website by February 1, 2024.
(ii)
Provide a 30-day public comment period on the draft workload analysis, budget,
fees, and deficit generator list.
(iii) Post the final workload analysis,
budget, fees, and deficit generator list by March 15, 2024.
(c) For all subsequent years,
ecology must prepare an annual budget that reflects the estimated cost of the
program. Following preparation of the annual budget, ecology must:
(i) Post the draft workload analysis
applicable to that year, annual budget, estimated fees, and list of deficit
generators on ecology's website by May 15th.
(ii) Provide a 30-day public comment period
on the draft workload analysis, budget, fees, and deficit generator
list.
(iii) Post the final workload
analysis, budget, fees, and deficit generator list by June 30th.
(7) Fee payments. Fees
specified in this section must be paid within 30 calendar days of receipt of
ecology's billing statement. All fees collected under this section must be made
payable to the Washington department of ecology. Ecology may assess a late fee
surcharge of $50 or 10 percent of the fee, whichever is more, for any fee
received after 60 calendar days past the due date for fee payment.
(8) Dedicated account. Ecology must deposit
all clean fuels program fees and penalties in the clean fuels program
account.