reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › RCW Dispositions › 70A.45 LIMITING GREENHOUSE GAS EMISSIONS

Sections
70A.45.080 Prohibited products and equipment-Department's rule-making authority-Restrictions on substitutes applicable to new light duty vehicles-Disclosure of substitutes used in products or equipment.
[2021 c 315 § 7; 2020 c 20 § 1404; 2019 c 284 § 3. Formerly RCW 70.235.080.]
Recodified as RCW 70A.60.060 pursuant to 2021 c 315 § 21.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › RCW Dispositions › 70A.135 WATER POLLUTION CONTROL FACILITIES FINANCING

Sections
70A.135.100 Water quality capital account—Expenditures.
[2020 c 20 § 1381; 2010 1st sp.s. c 37 § 948; 2007 c 233 § 1. Formerly RCW 70.146.100.]
Repealed by 2023 c 41 § 1.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › RCW Dispositions › 70A.205 SOLID WASTE MANAGEMENT—REDUCTION AND RECYCLING

Sections
70A.205.705 Report to the legislature.
[2020 c 20 § 1203; 2015 c 142 § 3. Formerly RCW 70.95.807.]
Expired July 1, 2021.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › RCW Dispositions › 70A.455 PLASTIC PRODUCT DEGRADABILITY

Sections
70A.455.110 Compostable products revolving account.
[2020 c 20 § 1450; 2019 c 265 § 11. Formerly RCW 70.360.110.]
Repealed by 2022 c 180 § 903.
70A.455.900 Effective date-2019 c 265.
[2019 c 265 § 13. Formerly RCW 70.360.900.]
Repealed by 2022 c 180 § 903.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › RCW Dispositions › 70A.535 TRANSPORTATION FUEL—CLEAN FUELS PROGRAM

Sections
70A.535.020 Carbon intensity of transportation fuels-Standards to reduce carbon intensity-Adoption of rules.
[2021 c 317 § 3.]
Repealed by 2022 c 182 § 414.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.01 - General Provisions. › 70A.01.010 - Statutory changes technical in nature.

RCW 70A.01.010
Statutory changes technical in nature.
Chapter 20, Laws of 2020 is intended to make technical amendments to certain codified statutes that involve environmental and public health. Any statutory changes made by chapter 20, Laws of 2020 should be interpreted as technical in nature and not interpreted to have any substantive, policy implications.
[ 2020 c 20 § 101.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.01 - General Provisions. › 70A.01.020 - Rules remain valid—Agencies encouraged to update rules.

RCW 70A.01.020
Rules remain valid—Agencies encouraged to update rules.
(1) A rule adopted under authority provided in a chapter that is recodified under chapter 20, Laws of 2020 remains valid and is not affected by the recodification in chapter 20, Laws of 2020.
(2) State agencies, local air authorities, local boards of health, and other local governments that have adopted rules that rely upon or otherwise reference an authority provided in a chapter that is recodified by chapter 20, Laws of 2020 are encouraged to update affected rules to reflect new statutory references compelled by the recodification by July 1, 2025.
[ 2020 c 20 § 102.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.020 - Environmental justice obligations for all agencies.

RCW 70A.02.020
Environmental justice obligations for all agencies.
Covered agencies are required to comply with all provisions of this chapter. All other state agencies should strive to apply the laws of the state of Washington, and the rules and policies of the agency, in accordance with the policies of this chapter including, to the extent feasible, incorporating the principles of environmental justice assessment processes set forth in RCW 70A.02.060 into agency decisions.
[ 2021 c 314 § 3.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.030 - Authority of other agencies to opt in to environmental justice obligations.

RCW 70A.02.030
Authority of other agencies to opt in to environmental justice obligations.
(1) Any state agency, as the term "agency" is defined in RCW 34.05.010, including the governor's office and the office of the attorney general but excluding local governmental entities, may opt in to assume all of the substantive and procedural requirements of covered agencies under chapter 70A.02 RCW at any time by notifying the council established in RCW 70A.02.110.
(2) An agency that opts in to assume all of the substantive and procedural requirements of chapter 70A.02 RCW is not subject to the deadlines or timelines established in RCW 70A.02.040, 70A.02.050, 70A.02.060, 70A.02.080, and 70A.02.110.
[ 2021 c 314 § 11.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.040 - Incorporating environmental justice into agency strategic plans.

RCW 70A.02.040
Incorporating environmental justice into agency strategic plans.
(1) By January 1, 2023, each covered agency shall include an environmental justice implementation plan within its strategic plan. A covered agency may additionally incorporate an environmental justice implementation plan into other significant agency planning documents. The plan must describe how the covered agency plans to apply the principles of environmental justice to the agency's activities and must guide the agency in its implementation of its obligations under this chapter.
(2) In its environmental justice implementation plan, each covered agency must include:
(a) Agency-specific goals and actions to reduce environmental and health disparities and for otherwise achieving environmental justice in the agency's programs;
(b) Metrics to track and measure accomplishments of the agency goals and actions;
(c) Methods to embed equitable community engagement with, and equitable participation from, members of the public, into agency practices for soliciting and receiving public comment;
(d) Strategies to ensure compliance with existing federal and state laws and policies relating to environmental justice, including Title VI of the civil rights act of 1964, 42 U.S.C. Sec. 2000d-2000d-4, Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1683, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794, and the age discrimination act of 1975, 42 U.S.C. Sec. 6101-6107;
(e) The plan for community engagement required under RCW 70A.02.050; and
(f) Specific plans and timelines for incorporating environmental justice considerations into agency activities as required under this chapter.
(3) In developing and updating its plan, each covered agency must consider any guidance developed by the council pursuant to RCW 70A.02.110.
[ 2021 c 314 § 12.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.050 - Equitable community engagement and public participation.

RCW 70A.02.050
Equitable community engagement and public participation.
(1) By July 1, 2022, each covered agency must create and adopt a community engagement plan that describes how it will engage with overburdened communities and vulnerable populations as it evaluates new and existing activities and programs. This plan must describe how the agency plans to facilitate equitable participation and support meaningful and direct involvement of vulnerable populations and overburdened communities. The plan must include:
(a) How the covered agency will identify and prioritize overburdened communities for purposes of this chapter;
(b) Best practices for outreach and communication to overcome barriers to engagement with overburdened communities and vulnerable populations;
(c) Use of special screening tools that integrate environmental, demographic, and health disparities data, such as the environmental health disparities map, to evaluate and understand the nature and needs of the people who the agency expects to be impacted by significant agency actions under RCW 70A.02.060 and processes under RCW 70A.02.080 to overcome barriers to participation;
(d) Processes that facilitate and support the inclusion of members of communities affected by agency decision making including, to the extent legal and practicable, but not limited to, child care and reimbursement for travel and other expenses; and
(e) Methods for outreach and communication with those who face barriers, language or otherwise, to participation.
(2) Covered agencies must regularly review their compliance with existing laws and policies that guide community engagement and must comply with the following:
(a) Title VI of the civil rights act, prohibiting discrimination based on race, color, or national origin and requiring meaningful access to people with limited English proficiency, and disability;
(b) Executive Order 05-03, requiring plain talk when communicating with the public; and
(c) Guidance related to Executive Order 13166, requiring meaningful access to agency programs and services for people with limited English proficiency.
(3) In developing and updating its plan, each covered agency must consider any guidance developed by the council pursuant to RCW 70A.02.110.
(4) A covered agency may coordinate with the office of equity to identify policy and system barriers to meaningful engagement with communities as conducted by the office under RCW 43.06D.040(1)(b).
[ 2021 c 314 § 13.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.070 - Obligation of a covered agency—Does not trigger chapter 43.21C RCW requirements.

RCW 70A.02.070
Obligation of a covered agency—Does not trigger chapter 43.21C RCW requirements.
The obligation of a covered agency to conduct an environmental justice assessment pursuant to RCW 70A.02.060 for significant agency actions does not, by itself, trigger requirements in chapter 43.21C RCW.
[ 2021 c 314 § 15.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.090 - Reporting requirements.

RCW 70A.02.090
Reporting requirements.
(1) By September 1st of each year, each covered agency must annually update the council on the development and implementation of environmental justice in agency strategic plans pursuant to RCW 70A.02.040, budgeting and funding criteria for making budgeting and funding decisions pursuant to RCW 70A.02.080, and community engagement plans pursuant to RCW 70A.02.050.
(2)(a) Beginning in 2024, as part of each covered agency's annual update to the council under subsection (1) of this section, each covered agency must include updates on the agency's implementation status with respect to the environmental justice assessments under RCW 70A.02.060.
(b) By September 1st of each year beginning in 2024, each covered agency must publish or update a dashboard report, in a uniform dashboard format on the office of financial management's website, describing the agency's progress on:
(i) Incorporating environmental justice in its strategic plan;
(ii) The obligations of agencies relating to budgets and funding under RCW 70A.02.080; and
(iii) Its environmental justice assessments of proposed significant agency actions, including logistical metrics related to covered agency completion of environmental justice assessments.
(3) Each covered agency must file a notice with the office of financial management of significant agency actions for which the agency is initiating an environmental justice assessment under RCW 70A.02.060. The office of financial management must prepare a list of all filings received from covered agencies each week and must post the list on its website and make it available to any interested parties. The list of filings must include a brief description of the significant agency action and the methods for providing public comment for agency consideration as part of the environmental justice assessment.
(4) Each covered agency must identify overburdened communities, as required by RCW 70A.02.050, in such a way that the performance effectiveness of the duties created by this chapter can be measured, including the effectiveness of environmental justice assessments required by RCW 70A.02.060. Each covered agency may identify and prioritize overburdened communities as needed to accomplish the purposes of this chapter.
[ 2021 c 314 § 17.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.100 - Tribal consultation.

RCW 70A.02.100
Tribal consultation.
(1) Covered agencies shall develop a consultation framework in coordination with tribal governments that includes best practices, protocols for communication, and collaboration with federally recognized tribes. Consistent with this framework, covered agencies must offer consultation with federally recognized Indian tribes on:
(a) The inclusion or updating of an environmental justice implementation plan within the covered agency's strategic plan required under RCW 70A.02.040;
(b) The creation and adoption or updating of a community engagement plan required under RCW 70A.02.050; and
(c) Significant agency actions under RCW 70A.02.060 that affect federally recognized Indian tribes' rights and interests in their tribal lands.
(2) The department of health must offer consultation with federally recognized Indian tribes on the development of the environmental health disparities map under RCW 43.70.815.
(3) The consultation under subsections (1) and (2) of this section must be independent of any public participation process required by state law, or by a state agency, and regardless of whether the agency receives a request for consultation from an Indian tribe.
(4) Nothing in this chapter is intended to direct, authorize, or encourage covered agencies to collect, maintain, or provide data related to sacred sites, traditional cultural properties, burial grounds, and other tribal sites protected by federal or state law.
[ 2021 c 314 § 18.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.120 - Legal obligations.

RCW 70A.02.120
Legal obligations.
(1) Nothing in chapter 314, Laws of 2021 prevents state agencies that are not covered agencies from adopting environmental justice policies and processes consistent with chapter 314, Laws of 2021.
(2) The head of a covered agency may, on a case-by-case basis, exempt a significant agency action or decision process from the requirements of RCW 70A.02.060 and 70A.02.080 upon determining that:
(a) Any delay in the significant agency action poses a potentially significant threat to human health or the environment, or is likely to cause serious harm to the public interest;
(b) An assessment would delay a significant agency decision concerning the assessment, collection, or administration of any tax, tax program, debt, revenue, receipt, a regulated entity's financial filings, or insurance rate or form filing;
(c) The requirements of RCW 70A.02.060 and 70A.02.080 are in conflict with:
(i) Federal law or federal program requirements;
(ii) The requirements for eligibility of employers in this state for federal unemployment tax credits; or
(iii) Constitutional limitations or fiduciary obligations, including those applicable to the management of state lands and state forestlands as defined in RCW 79.02.010.
(3) A covered agency may not, for the purposes of implementing any of its responsibilities under this chapter, contract with an entity that employs a lobbyist registered under RCW 42.17A.600 that is lobbying on behalf of that entity.
[ 2021 c 314 § 21.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.02 - Environmental Justice. › 70A.02.130 - Appeals.

RCW 70A.02.130
Appeals.
(1) Except as specified in subsection (2) of this section, the actions and duties set forth in chapter 314, Laws of 2021 are not subject to appeal.
(2)(a) Only the following agency actions undertaken pursuant to chapter 314, Laws of 2021 are subject to appeal:
(i) Decisions related to the designation of significant agency actions pursuant to RCW 70A.02.060(3)(a); and
(ii) Environmental justice assessments prepared pursuant to RCW 70A.02.060, only for environmental justice assessments for which there is an associated agency action that is appealable.
(b) Appeals of environmental justice assessments allowed under (a)(ii) of this subsection must be of the environmental justice assessment together with the accompanying agency action, as defined in RCW 34.05.010.
(3) Nothing in chapter 314, Laws of 2021 may be construed to create a new private right of action, other than as described in this section, on the part of any individual, entity, or agency against any state agency.
(4) Nothing in chapter 314, Laws of 2021 may be construed to expand, contract, or otherwise modify any rights of appeal, or procedures for appeal, under other laws other than the availability of the appeal process described in this section.
[ 2021 c 314 § 22.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.05 - Integrated Climate Change Response Strategy. › 70A.05.030 - Assistance with updating strategy.

RCW 70A.05.030
Assistance with updating strategy.
The department of ecology and partner agencies may consult with qualified nonpartisan experts from the scientific community including, but not limited to, the University of Washington's climate impacts group, as needed to assist with updating the integrated climate change response strategy. The qualified nonpartisan experts from the scientific community may assist the department of ecology on the following components:
(1) Identifying best practices and processes for prioritizing resilience actions and assessing the effectiveness of potential actions;
(2) Developing a process for identifying metrics and measuring progress and success towards statewide resilience goals;
(3) Analyzing opportunities and gaps in current agency resilience efforts; and
(4) Identifying other issues, as determined by the department of ecology, necessary to develop policies and actions for the integrated climate change response strategy.
[ 2023 c 169 § 4; 2009 c 519 § 12. Formerly RCW 43.21M.030.]
NOTES:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.05 - Integrated Climate Change Response Strategy. › 70A.05.040 - Incorporation of current and future climate change impacts by state agencies.

RCW 70A.05.040
Incorporation of current and future climate change impacts by state agencies.
State agencies shall consider current and future climate change impacts to the extent allowed under existing statutory authority and incorporate climate resilience and adaptation actions as priority activities when planning, designing, revising, or implementing relevant agency policies and programs. Agencies shall consider: The integrated climate change response strategy when designing, planning, and funding infrastructure projects; and incorporating natural resource adaptation actions and alternative energy sources when designing and planning infrastructure projects.
[ 2023 c 169 § 5; 2009 c 519 § 13. Formerly RCW 43.21M.040.]
NOTES:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.05 - Integrated Climate Change Response Strategy. › 70A.05.050 - Coordinated state response to federal funding opportunities.

RCW 70A.05.050
Coordinated state response to federal funding opportunities.
(1) The department of ecology shall work with the office of financial management and other relevant state agencies and entities to facilitate coordination of a state response to federal funding opportunities related to climate resilience.
(2) In seeking to better coordinate funding for climate resilience, the department of ecology must develop an interagency work group structure and may leverage any existing forums such as the interagency, multijurisdictional system improvement team established in RCW 43.155.150.
[ 2023 c 169 § 6.]
NOTES:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.05 - Integrated Climate Change Response Strategy. › 70A.05.060 - Estimated state agency costs.

RCW 70A.05.060
Estimated state agency costs.
(1) By September 30, 2024, the department of ecology shall provide the estimated state agency costs for implementing the updated climate response strategy, including existing programs and new recommended actions, to the governor and appropriate committees of the legislature. Estimated state agency costs should be projected over two, four, and 10-year time frames.
(2) The department of ecology shall track funding appropriated by the legislature for implementing the strategy and include this information as part of reporting to the governor's office on odd-numbered years starting in 2025.
[ 2023 c 169 § 7.]
NOTES:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.05 - Integrated Climate Change Response Strategy. › 70A.05.800 - Chapter does not authorize new or additional regulatory authority.

RCW 70A.05.800
Chapter does not authorize new or additional regulatory authority.
Nothing in this chapter creates any new or additional regulatory authority for any state agency.
[ 2023 c 169 § 8.]
NOTES:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.05 - Integrated Climate Change Response Strategy. › 70A.05.900 - Findings—2009 c 519.

RCW 70A.05.900
Findings—2009 c 519.
The legislature finds that in chapter 14, Laws of 2008, the legislature established greenhouse gas emission reduction limits for Washington state, including a reduction of overall emissions by 2020 to emission levels in 1990, a reduction by 2035 to levels twenty-five percent below 1990 levels, and by 2050 a further reduction below 1990 levels. Based upon estimated 2006 emission levels in Washington, this will require a reduction from present emission levels of over twenty-five percent in the next eleven years. The legislature further finds that state government activities are a significant source of emissions, and that state government should meet targets for reducing emissions from its buildings, vehicles, and all operations that demonstrate that these reductions are achievable, cost-effective, and will help to promote innovative energy efficiency technologies and practices.
[ 2009 c 519 § 1. Formerly RCW 43.21M.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.010 - Definitions.

RCW 70A.10.010
Definitions.
As used in this chapter, unless the context requires otherwise:
(1) "Department" means the department of ecology;
(2) "Operation" means the performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding one year; or, in case the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, "operation" means the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding one year;
(3) "Research and development" means theoretical analysis exploration and experimentation, and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes;
(4) "Weather modification and control" means changing or controlling, or attempting to change or control, by artificial methods, the natural development of any or all atmospheric cloud forms or precipitation forms which occur in the troposphere.
[ 1973 c 64 § 1; 1965 c 8 § 43.37.010. Prior: 1957 c 245 § 1. Formerly RCW 43.37.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.020 - Powers and duties.

RCW 70A.10.020
Powers and duties.
In the performance of its functions the department may, in addition to any other acts authorized by law:
(1) Establish advisory committees to advise with and make recommendations to the department concerning legislation, policies, administration, research, and other matters;
(2) Establish by regulation or order such standards and instructions to govern the carrying out of research or projects in weather modification and control as the department may deem necessary or desirable to minimize danger to health or property; and make such rules and regulations as are necessary in the performance of its powers and duties;
(3) Make such studies, investigations, obtain such information, and hold such hearings as the department may deem necessary or proper to assist it in exercising its authority or in the administration or enforcement of this chapter or any regulations or orders issued thereunder;
(4) Appoint and fix the compensation of such personnel, including specialists and consultants, as are necessary to perform its duties and functions;
(5) Acquire, in the manner provided by law, such materials, equipment, and facilities as are necessary to perform its duties and functions;
(6) Cooperate with public or private agencies in the performance of the department's functions or duties and in furtherance of the purposes of this chapter;
(7) Represent the state in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification and control.
[ 1973 c 64 § 2; 1965 c 8 § 43.37.030. Prior: 1957 c 245 § 3. Formerly RCW 43.37.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.030 - Promotion of research and development activities—Contracts and agreements.

RCW 70A.10.030
Promotion of research and development activities—Contracts and agreements.
The department shall exercise its powers in such manner as to promote the continued conduct of research and development activities in the fields specified below by private or public institutions or persons and to assist in the acquisition of an expanding fund of theoretical and practical knowledge in such fields. To this end the department may conduct, and make arrangements, including contracts and agreements, for the conduct of, research and development activities relating to:
(1) The theory and development of methods of weather modification and control, including processes, materials, and devices related thereto;
(2) Utilization of weather modification and control for agricultural, industrial, commercial, and other purposes;
(3) The protection of life and property during research and operational activities.
[ 1973 c 64 § 3; 1965 c 8 § 43.37.040. Prior: 1957 c 245 § 4. Formerly RCW 43.37.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.040 - Hearing procedure.

RCW 70A.10.040
Hearing procedure.
In the case of hearings pursuant to RCW 70A.10.160 the department shall, and in other cases may, cause a record of the proceedings to be taken and filed with the department, together with its findings and conclusions. For any hearing, the director of the department or a representative designated by him or her is authorized to administer oaths and affirmations, examine witnesses, and issue, in the name of the department, notice of the hearing or subpoenas requiring any person to appear and testify, or to appear and produce documents, or both, at any designated place.
[ 2020 c 20 § 1044; 2009 c 549 § 5113; 1973 c 64 § 4; 1965 c 8 § 43.37.050. Prior: 1957 c 245 § 5. Formerly RCW 43.37.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.050 - Acceptance of gifts, donations, etc.

RCW 70A.10.050
Acceptance of gifts, donations, etc.
(1) The department may, subject to any limitations otherwise imposed by law, receive and accept for and in the name of the state any funds which may be offered or become available from federal grants or appropriations, private gifts, donations, or bequests, or any other source, and may expend such funds, subject to any limitations otherwise provided by law, for the encouragement of research and development by a state, public, or private agency, either by direct grant, by contract or other cooperative means.
(2) All license and permit fees paid to the department shall be deposited in the state general fund.
[ 1973 c 64 § 5; 1965 c 8 § 43.37.060. Prior: 1957 c 245 § 6. Formerly RCW 43.37.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.060 - License and permit required.

RCW 70A.10.060
License and permit required.
Except as provided in RCW 70A.10.070, no person shall engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the department authorizing such activities.
[ 2020 c 20 § 1045; 1973 c 64 § 6; 1965 c 8 § 43.37.080. Prior: 1957 c 245 § 8. Formerly RCW 43.37.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.070 - Exemptions.

RCW 70A.10.070
Exemptions.
The department, to the extent it deems practical, shall provide by regulation for exempting from license, permit, and liability requirements, (1) research and development and experiments by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations; (2) laboratory research and experiments; (3) activities of an emergent character for protection against fire, frost, sleet, or fog; and (4) activities normally engaged in for purposes other than those of inducing, increasing, decreasing, or preventing precipitation or hail.
[ 1973 c 64 § 7; 1965 c 8 § 43.37.090. Prior: 1957 c 245 § 9. Formerly RCW 43.37.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.080 - Licenses—Requirements, duration, renewal, fees.

RCW 70A.10.080
Licenses—Requirements, duration, renewal, fees.
(1) Licenses to engage in activities for weather modification and control shall be issued to applicants therefor who pay the license fee required and who demonstrate competence in the field of meteorology to the satisfaction of the department, reasonably necessary to engage in activities for weather modification and control. If the applicant is an organization, these requirements must be met by the individual or individuals who will be in control and in charge of the operation for the applicant.
(2) The department shall issue licenses in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this chapter. Each license shall be issued for a period to expire at the end of the calendar year in which it is issued and, if the licensee possesses the qualifications necessary for the issuance of a new license, shall upon application be renewed at the expiration of such period. A license shall be issued or renewed only upon the payment to the department of one hundred dollars for the license or renewal thereof.
[ 1973 c 64 § 8; 1965 c 8 § 43.37.100. Prior: 1957 c 245 § 10. Formerly RCW 43.37.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.090 - Permits—Requirements—Hearing as to issuance.

RCW 70A.10.090
Permits—Requirements—Hearing as to issuance.
The department shall issue permits in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this chapter only:
(1) If the applicant is licensed pursuant to this chapter;
(2) If a sufficient notice of intention is published and proof of publication is filed as required by RCW 70A.10.120;
(3) If the applicant furnishes proof of financial responsibility, as provided in RCW 70A.10.130, in an amount to be determined by the department but not to exceed twenty thousand dollars;
(4) If the fee for a permit is paid as required by RCW 70A.10.140;
(5) If the weather modification and control activities to be conducted under authority of the permit are determined by the department to be for the general welfare and public good;
(6) If the department has held an open public hearing in Olympia as to such issuance.
[ 2020 c 20 § 1046; 1973 c 64 § 9; 1965 c 8 § 43.37.110. Prior: 1961 c 154 § 2; 1957 c 245 § 11. Formerly RCW 43.37.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.100 - Separate permit for each operation—Filing and publishing notice of intention—Activities restricted by permit and notice.

RCW 70A.10.100
Separate permit for each operation—Filing and publishing notice of intention—Activities restricted by permit and notice.
A separate permit shall be issued for each operation. Prior to undertaking any weather modification and control activities the licensee shall file with the department and also cause to be published a notice of intention. The licensee, if a permit is issued, shall confine his or her activities for the permitted operation within the time and area limits set forth in the notice of intention, unless modified by the department; and his or her activities shall also conform to any conditions imposed by the department upon the issuance of the permit or to the terms of the permit as modified after issuance.
[ 2009 c 549 § 5114; 1973 c 64 § 10; 1965 c 8 § 43.37.120. Prior: 1961 c 154 § 3; 1957 c 245 § 12. Formerly RCW 43.37.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.110 - Notice of intention—Contents.

RCW 70A.10.110
Notice of intention—Contents.
The notice of intention shall set forth at least all the following:
(1) The name and address of the licensee;
(2) The nature and object of the intended operation and the person or organization on whose behalf it is to be conducted;
(3) The area in which and the approximate time during which the operation will be conducted;
(4) The area which is intended to be affected by the operation;
(5) The materials and methods to be used in conducting the operation.
[ 1965 c 8 § 43.37.130. Prior: 1957 c 245 § 13. Formerly RCW 43.37.130.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.120 - Notice of intention—Publication.

RCW 70A.10.120
Notice of intention—Publication.
(1) The applicant shall cause the notice of intention, or that portion thereof including the items specified in RCW 70A.10.110, to be published at least once a week for three consecutive weeks in a legal newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or, if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in a legal newspaper having a general circulation and published within each of such counties. In case there is no legal newspaper published within the appropriate county, publication shall be made in a legal newspaper having a general circulation within the county;
(2) Proof of publication, made in the manner provided by law, shall be filed by the licensee with the department within fifteen days from the date of the last publication of the notice.
[ 2020 c 20 § 1047; 1973 c 64 § 11; 1965 c 8 § 43.37.140. Prior: 1961 c 154 § 4; 1957 c 245 § 14. Formerly RCW 43.37.140.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.130 - Financial responsibility.

RCW 70A.10.130
Financial responsibility.
Proof of financial responsibility may be furnished by an applicant by his or her showing, to the satisfaction of the department, his or her ability to respond in damages for liability which might reasonably be attached to or result from his or her weather modification and control activities in connection with the operation for which he or she seeks a permit.
[ 2009 c 549 § 5115; 1973 c 64 § 12; 1965 c 8 § 43.37.150. Prior: 1957 c 245 § 15. Formerly RCW 43.37.150.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.140 - Fees—Sanctions for failure to pay.

RCW 70A.10.140
Fees—Sanctions for failure to pay.
The fee to be paid by each applicant for a permit shall be equivalent to one and one-half percent of the estimated cost of such operation, the estimated cost to be computed by the department from the evidence available to it. The fee is due and payable to the department as of the date of the issuance of the permit; however, if the applicant is able to give to the department satisfactory security for the payment of the balance, he or she may be permitted to commence the operation, and a permit may be issued therefor, upon the payment of not less than fifty percent of the fee. The balance due shall be paid within three months from the date of the termination of the operation as prescribed in the permit. Failure to pay a permit fee as required shall be grounds for suspension or revocation of the license of the delinquent permit holder and grounds for refusal to renew his or her license or to issue any further permits to such person.
[ 2009 c 549 § 5116; 1973 c 64 § 13; 1965 c 8 § 43.37.160. Prior: 1957 c 245 § 16. Formerly RCW 43.37.160.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.150 - Records and reports—Open to public examination.

RCW 70A.10.150
Records and reports—Open to public examination.
(1) Every licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equipment, the name and post office address of each individual participating or assisting in the operation other than the licensee, and such other general information as may be required by the department and shall report the same to the department at the time and in the manner required.
(2) The department shall require written reports in such manner as it provides but not inconsistent with the provisions of this chapter, covering each operation for which a permit is issued. Further, the department shall require written reports from such organizations as are exempted from license, permit, and liability requirements as provided in RCW 70A.10.070.
(3) The reports and records in the custody of the department shall be open for public examination.
[ 2020 c 20 § 1048; 2009 c 549 § 5117; 1973 c 64 § 14; 1965 c 8 § 43.37.170. Prior: 1957 c 245 § 17. Formerly RCW 43.37.170.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.160 - Revocation, suspension, modification of license or permit.

RCW 70A.10.160
Revocation, suspension, modification of license or permit.
(1) The department may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the issuance of a new license or permit. The department may suspend or revoke any license or permit if it appears that the licensee has violated any of the provisions of this chapter. Such suspension or revocation shall occur only after notice to the licensee and a reasonable opportunity granted such licensee to be heard respecting the grounds of the proposed suspension or revocation. The department may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provision of this chapter.
(2) The department may modify the terms of a permit after issuance thereof if the licensee is first given notice and a reasonable opportunity for a hearing respecting the grounds for the proposed modification and if it appears to the department that it is necessary for the protection of the health or the property of any person to make the modification proposed.
[ 1973 c 64 § 15; 1965 c 8 § 43.37.180. Prior: 1957 c 245 § 18. Formerly RCW 43.37.180.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.170 - Liability of state denied—Legal rights of private persons not affected.

RCW 70A.10.170
Liability of state denied—Legal rights of private persons not affected.
Nothing in this chapter shall be construed to impose or accept any liability or responsibility on the part of the state, the department, or any state officials or employees for any weather modification and control activities of any private person or group, nor to affect in any way any contractual, tortious, or other legal rights, duties, or liabilities between any private persons or groups.
[ 1973 c 64 § 16; 1965 c 8 § 43.37.190. Prior: 1957 c 245 § 19. Formerly RCW 43.37.190.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.180 - Penalty.

RCW 70A.10.180
Penalty.
Any person violating any of the provisions of this chapter or any lawful regulation or order issued pursuant thereto, shall be guilty of a misdemeanor; and a continuing violation is punishable as a separate offense for each day during which it occurs.
[ 1965 c 8 § 43.37.200. Prior: 1957 c 245 § 20. Formerly RCW 43.37.200.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.190 - Legislative declaration.

RCW 70A.10.190
Legislative declaration.
The legislature finds and declares that when prolonged lack of precipitation or shortages of water supply in the state cause severe hardships affecting the health, safety, and welfare of the people of the state, a program to increase precipitation is occasionally needed for the generation of hydroelectric power, for domestic purposes, and to alleviate hardships created by the threat of forest fires and shortages of water for agriculture. Cloud seeding has been demonstrated to be such a program of weather modification with increasing scientific certainty.
[ 1981 c 278 § 1. Formerly RCW 43.37.210.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.200 - Program of emergency cloud seeding authorized.

RCW 70A.10.200
Program of emergency cloud seeding authorized.
The director of ecology may establish by rule under chapter 34.05 RCW a program of emergency cloud seeding. The director may include in these rules standards and guidelines for determining the situations which warrant cloud seeding and the means to be used for cloud seeding.
[ 1981 c 278 § 2. Formerly RCW 43.37.215.]
NOTES:
Actions during state of emergency exempt from chapter 43.21C RCW: RCW 43.21C.210.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.210 - Exemption of licensee from certain requirements.

RCW 70A.10.210
Exemption of licensee from certain requirements.
Upon a proclamation of a state of emergency, related to a lack of precipitation or a shortage of water supply, by the governor under RCW 43.06.210, the department shall exempt a licensee from the requirements of RCW 70A.10.090 (2) and (6) and 70A.10.120.
[ 2020 c 20 § 1049; 1981 c 278 § 3. Formerly RCW 43.37.220.]
NOTES:
Actions during state of emergency exempt from chapter 43.21C RCW: RCW 43.21C.210.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.10 - Weather Modification. › 70A.10.900 - Effective date—1973 c 64.

RCW 70A.10.900
Effective date—1973 c 64.
The effective date of this 1973 amendatory act shall be July 1, 1973.
[ 1973 c 64 § 18. Formerly RCW 43.37.910.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1010 - Air pollution control account—Air operating permit account.

RCW 70A.15.1010
Air pollution control account—Air operating permit account.
(1) The air pollution control account is established in the state treasury. All receipts collected by or on behalf of the department from RCW 70A.15.2200(2), and receipts from nonpermit program sources under RCW 70A.15.2210(1) and 70A.15.2230(7), and all receipts from RCW 70A.15.5090, 70A.15.5120, and 70A.540.120 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to develop and implement the provisions of this chapter, chapters 70A.25 and 70A.540 RCW, and RCW 70A.60.060. Moneys collected under RCW 70A.540.120 may only be used to implement chapter 70A.540 RCW.
(2) The amounts collected and allocated in accordance with this section shall be expended upon appropriation except as otherwise provided in this section and in accordance with the following limitations:
Portions of moneys received by the department of ecology from the air pollution control account shall be distributed by the department to local authorities based on:
(a) The level and extent of air quality problems within such authority's jurisdiction;
(b) The costs associated with implementing air pollution regulatory programs by such authority; and
(c) The amount of funding available to such authority from other sources, whether state, federal, or local, that could be used to implement such programs.
(3) The air operating permit account is created in the custody of the state treasurer. All receipts collected by or on behalf of the department from permit program sources under RCW 70A.15.2210(1), 70A.15.2260, 70A.15.2270, and 70A.15.2230(7) shall be deposited into the account. Expenditures from the account may be used only for the activities described in RCW 70A.15.2210(1), 70A.15.2260, 70A.15.2270, and 70A.15.2230(7). Moneys in the account may be spent only after appropriation.
[ 2022 c 179 § 16; 2021 c 315 § 13; 2020 c 20 § 1080; 2019 c 284 § 6; 1998 c 321 § 33 (Referendum Bill No. 49, approved November 3, 1998); 1993 c 252 § 1; 1991 c 199 § 228. Formerly RCW 70.94.015.]
NOTES:
Finding—Intent—2019 c 284: See note following RCW 70A.60.060.
Purpose—Severability—1998 c 321: See notes following RCW 82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following RCW 35.58.410.
Finding—1991 c 199: See note following RCW 70A.15.1005.