reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.010 - Purpose.

RCW 70A.20.010
Purpose.
The legislature finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment. Antinoise measures of the past have not adequately protected against the invasion of these interests by noise. There is a need, therefore, for an expansion of efforts statewide directed toward the abatement and control of noise, considering the social and economic impact upon the community and the state. The purpose of this chapter is to provide authority for such an expansion of efforts, supplementing existing programs in the field.
[ 1974 ex.s. c 183 § 1. Formerly RCW 70.107.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.020 - Definitions.

RCW 70A.20.020
Definitions.
As used in this chapter, unless the context clearly indicates otherwise:
(1) "Department" means the department of ecology.
(2) "Director" means director of the department of ecology.
(3) "Local government" means county or city government or any combination of the two.
(4) "Noise" means the intensity, duration and character of sounds from any and all sources.
(5) "Person" means any individual, corporation, partnership, association, governmental body, state, or other entity whatsoever.
[ 1974 ex.s. c 183 § 2. Formerly RCW 70.107.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.040 - Technical advisory committee.

RCW 70A.20.040
Technical advisory committee.
The director shall name a technical advisory committee to assist the department in the implementation of this chapter. Committee members shall be entitled to reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060, as now existing or hereafter amended.
[1975-'76 2nd ex.s. c 34 § 164; 1974 ex.s. c 183 § 4. Formerly RCW 70.107.040.]
NOTES:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.050 - Civil penalties.

RCW 70A.20.050
Civil penalties.
(1) Any person who violates any rule adopted by the department under this chapter shall be subject to a civil penalty not to exceed one hundred dollars imposed by local government pursuant to this section. An action under this section shall not preclude enforcement of any provisions of the local government noise ordinance.
Penalties shall become due and payable thirty days from the date of receipt of a notice of penalty unless within such time said notice is appealed in accordance with the administrative procedures of the local government, or if it has no such administrative appeal, to the pollution control hearings board pursuant to the provisions of chapter 43.21B RCW and procedural rules adopted thereunder. In cases in which appeals are timely filed, penalties sustained by the local administrative agency or the pollution control hearings board shall become due and payable on the issuance of said agency or board's final order in the appeal.
(2) Whenever penalties incurred pursuant to this section have become due and payable but remain unpaid, the attorney for the local government may bring an action in the superior court of the county in which the violation occurred for recovery of penalties incurred. In all such actions the procedures and rules of evidence shall be the same as in any other civil action.
[ 1987 c 103 § 2; 1974 ex.s. c 183 § 5. Formerly RCW 70.107.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.060 - Other rights, remedies, powers, duties and functions—Local regulation—Approval—Procedure.

RCW 70A.20.060
Other rights, remedies, powers, duties and functions—Local regulation—Approval—Procedure.
(1) Nothing in this chapter shall be construed to deny, abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
(2) Nothing in this chapter shall deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or hereafter vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in workplaces of the state, as now or hereafter vested in the department of labor and industries.
(3) Standards and other control measures adopted by the department under this chapter shall be exclusive except as hereinafter provided. A local government may impose limits or control sources differing from those adopted or controlled by the department upon a finding that such requirements are necessitated by special conditions. Noise limiting requirements of local government which differ from those adopted or controlled by the department shall be invalid unless first approved by the department. If the department of ecology fails to approve or disapprove standards submitted by local governmental jurisdictions within ninety days of submittal, such standards shall be deemed approved. If disapproved, the local government may appeal the decision to the pollution control hearings board which shall decide the appeal on the basis of the provisions of this chapter, and the applicable regulations, together with such briefs, testimony, and oral argument as the hearings board in its discretion may require. The department determination of whether to grant approval shall depend on the reasonableness and practicability of compliance. Particular attention shall be given to stationary sources located near jurisdictional boundaries, and temporary noise producing operations which may operate across one or more jurisdictional boundaries.
(4) In carrying out the rule-making authority provided in this chapter, the department shall follow the procedures of the administrative procedure act, chapter 34.05 RCW, and shall take care that no rules adopted purport to exercise any powers preempted by the United States under federal law.
[ 1987 c 103 § 1; 1974 ex.s. c 183 § 6. Formerly RCW 70.107.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.070 - Rules relating to motor vehicles—Violations—Penalty.

RCW 70A.20.070
Rules relating to motor vehicles—Violations—Penalty.
Any rule adopted under this chapter relating to the operation of motor vehicles on public highways shall be administered according to testing and inspection procedures adopted by rule by the state patrol. Violation of any motor vehicle performance standard adopted pursuant to this chapter shall be a misdemeanor, enforced by such authorities and in such manner as violations of chapter 46.37 RCW. Violations subject to the provisions of this section shall be exempt from the provisions of RCW 70A.20.050.
[ 2020 c 20 § 1326; 1987 c 330 § 749; 1974 ex.s. c 183 § 7. Formerly RCW 70.107.070.]
NOTES:
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.080 - Exemptions.

RCW 70A.20.080
Exemptions.
The department shall, in the exercise of rule-making power under this chapter, provide exemptions or specially limited regulations relating to recreational shooting and emergency or law enforcement equipment where appropriate in the interests of public safety.
The department in the development of rules under this chapter, shall consult and take into consideration the land use policies and programs of local government.
[ 1974 ex.s. c 183 § 8. Formerly RCW 70.107.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.900 - Construction—Severability—1974 ex.s. c 183.

RCW 70A.20.900
Construction—Severability—1974 ex.s. c 183.
(1) This chapter shall be liberally construed to carry out its broad purposes.
(2) If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected.
[ 1974 ex.s. c 183 § 11. Formerly RCW 70.107.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.20 - Noise Control. › 70A.20.901 - Short title.

RCW 70A.20.901
Short title.
This chapter shall be known and may be cited as the "Noise Control Act of 1974".
[ 1974 ex.s. c 183 § 12. Formerly RCW 70.107.910.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.010 - Definitions.

RCW 70A.25.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology.
(3) "Fleet" means a group of fifteen or more motor vehicles registered in the same name and whose owner has been assigned a fleet identifier code by the department of licensing.
(4) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter 46.16A RCW.
(5) "Motor vehicle dealer" means a motor vehicle dealer, as defined in RCW 46.70.011, that is licensed pursuant to chapter 46.70 RCW.
(6) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(7) The terms "air contaminant," "air pollution," "air quality standard," "ambient air," "emission," and "emission standard" have the meanings given them in RCW 70A.15.1030.
[ 2020 c 20 § 1360; 2011 c 171 § 108; 1991 c 199 § 201; 1979 ex.s. c 163 § 1. Formerly RCW 70.120.010.]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 163 § 19.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.020 - Programs.

RCW 70A.25.020
Programs.
(1) The department shall conduct a public educational program regarding the health effects of air pollution emitted by motor vehicles; the purpose, operation, and effect of emission control devices and systems; and the effect that proper maintenance of motor vehicle engines has on fuel economy and air pollution emission and a public notification program identifying the geographic areas of the state that are designated as being noncompliance areas and emission contributing areas and describing the requirements imposed under this chapter for those areas.
(2)(a) The department shall grant certificates of instruction to persons who successfully complete a course of study, under general requirements established by the director, in the maintenance of motor vehicle engines, the use of engine and exhaust analysis equipment, and the repair and maintenance of emission control devices. The director may establish and implement procedures for granting certification to persons who successfully complete other training programs or who have received certification from public and private organizations which meet the requirements established in this subsection, including programs on clean fuel technology and maintenance.
(b) The department shall make available to the public a list of those persons who have received certificates of instruction under subsection (2)(a) of this section.
[ 1991 c 199 § 202; 1989 c 240 § 5; 1979 ex.s. c 163 § 2. Formerly RCW 70.120.020.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.030 - Vehicle inspections—Failed—Certificate of acceptance.

RCW 70A.25.030
Vehicle inspections—Failed—Certificate of acceptance.
(1) Any person:
(a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and
(b) Who, following such a test, expends more than one hundred dollars on a 1980 or earlier model year motor vehicle or expends more than one hundred fifty dollars on a 1981 or later model year motor vehicle for repairs solely devoted to meeting the emission standards and that are performed by a certified emission specialist authorized by RCW 70A.25.020(2)(a); and
(c) Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is installed and operative.
To receive the certificate, the person must document compliance with (b) and (c) of this subsection to the satisfaction of the department.
Should any provision of (b) of this subsection be disapproved by the administrator of the United States environmental protection agency, all vehicles shall be required to expend at least four hundred fifty dollars to qualify for a certificate of acceptance.
(2) Persons who fail the initial tests shall be provided with:
(a) Information regarding the availability of federal warranties and certified emission specialists;
(b) Information on the availability and procedure for acquiring license trip-permits;
(c) Information on the availability and procedure for receiving a certificate of acceptance; and
(d) The local phone number of the department's local vehicle specialist.
[ 2020 c 20 § 1361; 1998 c 342 § 2; 1991 c 199 § 203; 1989 c 240 § 6; 1980 c 176 § 4; 1979 ex.s. c 163 § 7. Formerly RCW 70.120.070.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.040 - Vehicle inspections—Fleets.

RCW 70A.25.040
Vehicle inspections—Fleets.
The director may authorize an owner or lessee of a fleet of motor vehicles, or the owner's or lessee's agent, to inspect the vehicles in the fleet and issue certificates of compliance for the vehicles in the fleet if the director determines that: (1) The director's inspection procedures will be complied with; and (2) certificates will be issued only to vehicles in the fleet that meet emission and equipment standards adopted under RCW 70A.25.080 and only when appropriate.
In addition, the director may authorize an owner or lessee of one or more diesel motor vehicles with a gross vehicle weight rating in excess of eight thousand five hundred pounds, or the owner's or lessee's agent, to inspect the vehicles and issue certificates of compliance for the vehicles. The inspections shall be conducted in compliance with inspection procedures adopted by the department and certificates of compliance shall only be issued to vehicles that meet emission and equipment standards adopted under RCW 70A.25.080.
The director shall establish by rule the fee for fleet or diesel inspections provided for in this section. The fee shall be set at an amount necessary to offset the department's cost to administer the fleet and diesel inspection program authorized by this section.
Owners, leaseholders, or their agents conducting inspections under this section shall pay only the fee established in this section and not be subject to fees under *RCW 70A.25.100(4).
[ 2020 c 20 § 1362; 1991 c 199 § 205; 1979 ex.s. c 163 § 8. Formerly RCW 70.120.080.]
NOTES:
*Reviser's note: RCW 70A.25.100 expired January 1, 2020.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.050 - Vehicle inspections—Complaints.

RCW 70A.25.050
Vehicle inspections—Complaints.
The department shall investigate complaints received regarding the operation of emission testing stations and shall require corrections or modifications in those operations when deemed necessary.
The department shall also review complaints received regarding the maintenance or repairs secured by owners of motor vehicles for the purpose of complying with the requirements of this chapter. When possible, the department shall assist such owners in determining the merits of the complaints.
The department shall keep a copy of all complaints received, and on request, make copies available to the public. This is not intended to require disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.
[ 2005 c 274 § 340; 1998 c 342 § 3; 1979 ex.s. c 163 § 10. Formerly RCW 70.120.100.]
NOTES:
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.060 - Rules.

RCW 70A.25.060
Rules.
The director shall adopt rules implementing and enforcing this chapter in accordance with chapter 34.05 RCW. The department shall take into account when considering proposed modifications of emission contributing boundaries, as provided for in RCW 70A.25.080(6), alternative transportation control and motor vehicle emission reduction measures that are required by local municipal corporations for the purpose of satisfying federal emission guidelines.
[ 2020 c 20 § 1363; 1991 c 199 § 206; 1989 c 240 § 8; 1979 ex.s. c 163 § 13. Formerly RCW 70.120.120.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.070 - Authority.

RCW 70A.25.070
Authority.
The authority granted by this chapter to the director and the department for controlling vehicle emissions is supplementary to the department's authority to control air pollution pursuant to chapter 70A.15 RCW.
[ 2020 c 20 § 1364; 1979 ex.s. c 163 § 14. Formerly RCW 70.120.130.]
NOTES:
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.090 - Noncompliance areas—Annual review.

RCW 70A.25.090
Noncompliance areas—Annual review.
(1) The director shall review annually the air quality and forecasted air quality of each area in the state designated as a noncompliance area for motor vehicle emissions.
(2) An area shall no longer be designated as a noncompliance area if the director determines that:
(a) Air quality standards for contaminants derived from motor vehicle emissions are no longer being violated in the noncompliance area; and
(b) The standards would not be violated if the emission inspection system in the emission contributing area was discontinued and the requirements of RCW 46.16A.060 no longer applied.
[ 2011 c 171 § 109; 1989 c 240 § 3. Formerly RCW 70.120.160.]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.110 - Used vehicles.

RCW 70A.25.110
Used vehicles.
(1) Motor vehicle dealers selling a used vehicle not under a new vehicle warranty shall include a notice in each vehicle purchase order form that reads as follows: "The owner of a vehicle may be required to spend up to (a dollar amount established under RCW 70A.25.030) for repairs if the vehicle does not meet the vehicle emission standards under this chapter. Unless expressly warranted by the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests required by federal or state law."
(2) The signature of the purchaser on the notice required under subsection (1) of this section shall constitute a valid disclaimer of any implied warranty by the dealer as to a vehicle's compliance with any emission standards.
(3) The disclosure requirement of subsection (1) of this section applies to all motor vehicle dealers located in counties where state emission inspections are required.
[ 2020 c 20 § 1365; 1991 c 199 § 210. Formerly RCW 70.120.190.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.120 - Clean-fuel performance and clean-fuel vehicle emissions specifications.

RCW 70A.25.120
Clean-fuel performance and clean-fuel vehicle emissions specifications.
By July 1, 1992, the department shall develop, in cooperation with the departments of *general administration and transportation, and Washington State University, aggressive clean-fuel performance and clean-fuel vehicle emissions specifications including clean-fuel vehicle conversion equipment. To the extent possible, such specifications shall be equivalent for all fuel types. In developing such specifications the department shall consider the requirements of the clean air act and the findings of the environmental protection agency, other states, the American petroleum institute, the gas research institute, and the motor vehicles manufacturers association.
[ 1996 c 186 § 518; 1991 c 199 § 212. Formerly RCW 70.120.210.]
NOTES:
*Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 § 107.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Clean-fuel grants: RCW 70A.15.6400.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.130 - Scientific advisory board—Composition of board—Duties.

RCW 70A.25.130
Scientific advisory board—Composition of board—Duties.
The department shall establish a scientific advisory board to review plans to establish or expand the geographic area where an inspection and maintenance system for motor vehicle emissions is required. The board shall consist of three to five members. All members shall have at least a master's degree in physics, chemistry, or engineering, or a closely related field. No member may be a current employee of a local air pollution control authority, the department, the United States environmental protection agency, or a company that may benefit from a review by the board.
The board shall review an inspection and maintenance plan at the request of a local air pollution control authority, the department, or by a petition of at least fifty people living within the proposed boundaries of a vehicle emission inspection and maintenance system. The entity or entities requesting a scientific review may include specific issues for the board to consider in its review. The board shall limit its review to matters of science and shall not provide advice on penalties or issues that are strictly legal in nature.
The board shall provide a complete written review to the department. If the board members are not in agreement as to the scientific merit of any issue under review, the board may include a dissenting opinion in its report to the department. The department shall immediately make copies available to the local air pollution control authority and to the public.
The department shall conduct a public hearing, within the area affected by the proposed rule, if any significant aspect of the rule is in conflict with a majority opinion of the board. The department shall include in its responsiveness summary the rationale for including a rule that is not consistent with the review of the board, including a response to the issues raised at the public hearing.
Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
[ 1998 c 342 § 5. Formerly RCW 70.120.230.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.25 - Motor Vehicle Emission Control. › 70A.25.900 - Effective date—1989 c 240.

RCW 70A.25.900
Effective date—1989 c 240.
This act shall take effect January 1, 1990.
[ 1989 c 240 § 14. Formerly RCW 70.120.902.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.30 - Motor Vehicle Emission Standards. › 70A.30.020 - Warranty repair service—Manufacturers, repair shops.

RCW 70A.30.020
Warranty repair service—Manufacturers, repair shops.
Individual automobile manufacturers may certify independent automobile repair shops to perform warranty service on the manufacturers' vehicles. Upon certification of the independent automobile repair shops, the manufacturers shall compensate the repair shops at the same rate as franchised dealers for covered warranty repair services.
[ 2005 c 295 § 4. Formerly RCW 70.120A.030.]
NOTES:
Findings—2005 c 295: See note following RCW 70A.30.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.30 - Motor Vehicle Emission Standards. › 70A.30.030 - New vehicle greenhouse gas emissions disclosure—Rule-making authority.

RCW 70A.30.030
New vehicle greenhouse gas emissions disclosure—Rule-making authority.
(1) No model year 2010 or subsequent model year new passenger car, light duty truck, or medium duty vehicle may be sold in Washington unless there is securely and conspicuously affixed in a clearly visible location a label on which the manufacturer clearly discloses comparative greenhouse gas emissions for that new vehicle.
(2) The label required by this section should include a greenhouse gas index or rating system that contains quantitative and graphical information presented in a continuous, easy-to-read scale that compares the greenhouse gas emissions from the vehicle with the average projected greenhouse gas emissions from all passenger cars, light duty trucks, and medium duty vehicles of the same model year. For reference purposes, the index or rating system should also identify the greenhouse gas emissions from the vehicle model of that same model year that has the lowest greenhouse gas emissions.
(3) The index or rating system included in the label under subsection (2) of this section shall be updated as necessary to ensure that the differences in greenhouse gas emissions among vehicles are readily apparent to the consumer.
(4) An automobile manufacturer may apply to the department of ecology for approval of an alternative to the disclosure labeling requirement that is at least as effective in providing notification and disclosure of the vehicle's greenhouse gas emissions as is the labeling required by this section.
(5) A label that complies with the requirements of the California greenhouse gas vehicle labeling program shall be deemed to meet the requirements of this section and any rules adopted under this section.
(6) The department of ecology may adopt such rules as are necessary to implement this section.
[ 2020 c 143 § 2; 2014 c 76 § 8; 2008 c 32 § 2. Formerly RCW 70.120A.050.]
NOTES:
Intent—2008 c 32: "The legislature intends that new passenger cars, light duty trucks, and medium duty passenger vehicles for sale in Washington display clear and easy to understand information disclosing the new vehicle's greenhouse gas emissions. Further, the legislature intends that disclosure of such emissions serves as a means of educating consumers, other motorists, and the general public about the sources of greenhouse gas, their impact, available options, and in particular the role and contribution of automobiles and other motor vehicles." [ 2008 c 32 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.35 - Low-Income Residential Weatherization Program. › 70A.35.010 - Legislative findings.

RCW 70A.35.010
Legislative findings.
(1) The legislature finds and declares that weatherization of the residences of low-income households will help conserve energy resources in this state and can reduce the need to obtain energy from more costly conventional energy resources. The legislature also finds that while many efforts have been made by the federal government and by the state, including its cities, counties, and utilities, to increase both the habitability and the energy efficiency of residential structures within the state, stronger coordination of these efforts will result in even greater energy efficiencies, increased cost savings to the state's residents in the form of lower utility bills, improvements in health and safety, lower greenhouse gas emissions and associated climate impacts, as well as increased employment for the state's workforce. The legislature further finds that there is emerging scientific evidence linking residents' health outcomes such as asthma, lead poisoning, and unintentional injuries to substandard housing.
(2) Therefore, it is the intent of the legislature that state funds be dedicated to weatherization and energy efficiency activities as well as the moderate to significant repair and rehabilitation of residential structures that are required as a necessary antecedent to those activities. It is also the intent of the legislature that the department prioritize weatherization, energy efficiency activities, and structural repair of residential structures to facilitate the expeditious allocation of funds from federal energy efficiency programs including, but not limited to, the weatherization assistance program, the weatherization plus health initiative, the energy efficiency and conservation block grant program, residential energy efficiency components of the state energy program, and the retrofit ramp-up program for energy efficiency projects. The legislature further intends to allocate future distributions of energy-related federal jobs stimulus funding to strengthen these programs, and to coordinate energy retrofit and rehabilitation improvements as authorized by chapter 287, Laws of 2010 to increase the number of structures qualifying for assistance under these multiple state and federal energy efficiency programs.
(3) The program implementing the policy of this chapter is necessary to support the poor and infirm and also to benefit the health, safety, and general welfare of all citizens of the state.
[ 2015 c 50 § 1; 2010 c 287 § 1; 1987 c 36 § 1. Formerly RCW 70.164.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.35 - Low-Income Residential Weatherization Program. › 70A.35.030 - Low-income weatherization and structural rehabilitation assistance account.

RCW 70A.35.030
Low-income weatherization and structural rehabilitation assistance account.
(1) The low-income weatherization and structural rehabilitation assistance account is created in the state treasury. All moneys from the money distributed to the state pursuant to Exxon v. United States, 561 F.Supp. 816 (1983), affirmed 773 F.2d 1240 (1985), or any other oil overcharge settlements or judgments distributed by the federal government, that are allocated to the low-income weatherization and structural rehabilitation assistance account shall be deposited in the account. The department may accept such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, and shall deposit such funds in the account. Any moneys received from sponsor match payments shall be deposited in the account. The legislature may also appropriate moneys to the account. Moneys in the account shall be spent pursuant to appropriation and only for the purposes and in the manner provided in RCW 70A.35.040. Any moneys appropriated that are not spent by the department shall return to the account.
(2) The purposes of the low-income weatherization and structural rehabilitation assistance account are to:
(a) Maximize the number of energy efficient residential structures in the state;
(b) Achieve the greatest possible expected monetary and energy savings by low-income households and other energy consumers over the longest period of time;
(c) Identify and correct, to the extent practicable, health and safety problems for residents of low-income households, including asbestos, lead, and mold hazards;
(d) Leverage the many available state and federal programs aimed at increasing the quality and energy efficiency of low-income residences in the state;
(e) Create family-wage jobs that may lead to careers in the construction trades or in the energy efficiency sectors; and
(f) Leverage, to the extent feasible, sustainable technologies, practices, and designs, including renewable energy systems.
[ 2020 c 20 § 1393; 2010 c 287 § 3; 1991 sp.s. c 13 § 62; 1987 c 36 § 3. Formerly RCW 70.164.030.]
NOTES:
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.35 - Low-Income Residential Weatherization Program. › 70A.35.050 - Program compliance with laws and rules—Energy audit required.

RCW 70A.35.050
Program compliance with laws and rules—Energy audit required.
(1) The department is responsible for ensuring that sponsors and weatherizing agencies comply with the state laws, the department's rules, and the sponsor's proposal in carrying out proposals.
(2) Before a residence is weatherized, the department shall require that an energy audit be conducted.
(3) To the greatest extent practicable and allowable under federal rules and regulations, the department shall maximize available federal low-income home energy assistance program funding for weatherization projects.
[ 2009 c 379 § 203; 1987 c 36 § 5. Formerly RCW 70.164.050.]
NOTES:
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.35 - Low-Income Residential Weatherization Program. › 70A.35.060 - Weatherization of leased or rented residences—Limitations.

RCW 70A.35.060
Weatherization of leased or rented residences—Limitations.
Before a leased or rented residence is weatherized, written permission shall be obtained from the owner of the residence for the weatherization. The department shall adopt rules to ensure that: (1) The benefits of weatherization assistance, including utility bill reduction and preservation of affordable housing stock, accrue primarily to low-income tenants occupying a leased or rented residence; (2) as a result of weatherization provided under this chapter, the rent on the residence is not increased and the tenant is not evicted; and (3) as a result of weatherization provided under this chapter, no undue or excessive enhancement occurs in the value of the residence. This section is in the public interest and any violation by a landlord of the rules adopted under this section shall be an act in trade or commerce violating chapter 19.86 RCW, the consumer protection act.
[ 2009 c 379 § 204; 1987 c 36 § 6. Formerly RCW 70.164.060.]
NOTES:
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.35 - Low-Income Residential Weatherization Program. › 70A.35.070 - Payments to low-income weatherization and structural rehabilitation assistance account.

RCW 70A.35.070
Payments to low-income weatherization and structural rehabilitation assistance account.
Payments to the low-income weatherization and structural rehabilitation assistance account shall be treated, for purposes of state law, as payments for energy conservation and shall be eligible for any tax credits or deductions, equity returns, or other benefits for which conservation investments are eligible.
[ 2010 c 287 § 5; 1987 c 36 § 7. Formerly RCW 70.164.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.40 - Washington Academy of Sciences. › 70A.40.010 - Finding—Purpose.

RCW 70A.40.010
Finding—Purpose.
The legislature finds that public policies and programs will be improved when informed by independent scientific analysis and communication with state and local policymakers. Throughout the state there are highly qualified persons in a wide range of scientific disciplines who are willing to contribute their time and expertise in such reviews, but that presently there is lacking an organizational structure in which the entire scientific community may most effectively respond to requests for assessments of complex public policy questions. Therefore it is the purpose of chapter 305, Laws of 2005 to authorize the creation of the Washington academy of sciences as a nonprofit entity independent of government, whose principal mission will be the provision of scientific analysis and recommendations on questions referred to the academy by the governor, the governor's designee, or the legislature.
[ 2005 c 305 § 1. Formerly RCW 70.220.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.40 - Washington Academy of Sciences. › 70A.40.020 - Washington academy of sciences to assist governor, legislature—Duty of state scientists not diminished.

RCW 70A.40.020
Washington academy of sciences to assist governor, legislature—Duty of state scientists not diminished.
The Washington academy of sciences authorized to be formed under RCW 70A.40.030 shall serve as a principal source of scientific investigation, examination, and reporting on scientific questions referred to the academy by the governor or the legislature under the provisions of RCW 70A.40.040. Nothing in this section or this chapter supersedes or diminishes the responsibilities performed by scientists employed by the state or its political subdivisions.
[ 2020 c 20 § 1394; 2005 c 305 § 2. Formerly RCW 70.220.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.40 - Washington Academy of Sciences. › 70A.40.030 - Organizing committee, staff support—Organizational structure.

RCW 70A.40.030
Organizing committee, staff support—Organizational structure.
(1) The presidents of the University of Washington and Washington State University shall jointly form and serve as the cochairs of an organizing committee for the purpose of creating the Washington academy of sciences as an independent entity to carry out the purposes of this chapter. The committee should be representative of appropriate disciplines from the academic, private, governmental, and research sectors.
(2) Staff from the University of Washington and Washington State University, and from other available entities, shall provide support to the organizing committee under the direction of the cochairs.
(3)(a) The committee shall investigate organizational structures that will ensure the participation or membership in the academy of scientists and experts with distinction in their fields, and that will ensure broad participation among the several disciplines that may be called upon in the investigation, examination, and reporting upon questions referred to the academy by the governor or the legislature.
(b) The organizational structure shall include a process by which the academy responds to inquiries from the governor or the legislature, including but not limited to the identification of research projects, past or present, at Washington or other research institutions and the findings of such research projects.
(4) The committee cochairs shall use their best efforts to form the committee by January 1, 2006, and to complete the committee's review by April 30, 2007. By April 30, 2007, the committee, or such individuals as the committee selects, shall file articles of incorporation to create the academy as a Washington independent organizational entity. The articles shall expressly recognize the power and responsibility of the academy to provide services as described in RCW 70A.40.040 upon request of the governor, the governor's designee, or the legislature. The articles shall also provide for a board of directors of the academy that includes distinguished scientists from the range of disciplines that may be called upon to provide such services to the state and its political subdivisions, and provide a balance of representation from the academic, private, governmental, and research sectors.
(5) The articles shall provide for all such powers as may be appropriate or necessary to carry out the academy's purposes under this chapter, to the full extent allowable under the proposed organizational structure.
[ 2020 c 20 § 1395; 2005 c 305 § 3. Formerly RCW 70.220.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.40 - Washington Academy of Sciences. › 70A.40.040 - Duties—Review panels—Funding.

RCW 70A.40.040
Duties—Review panels—Funding.
(1) The academy shall investigate, examine, and report on any subject of science requested by the governor, the governor's designee, or the legislature. The procedures for selecting panels of experts to respond to such requests shall be set forth in the bylaws or other appropriate operating guidelines. In forming review panels, the academy shall endeavor to assure that the panel members have no conflicts of interest and that proposed panelists first disclose any advocacy positions or financial interest related to the questions to be addressed by the panel that the candidate has held within the past ten years.
(2) The governor shall provide funding to the academy for the actual expense of such investigation, examination, and reports. Such funding shall be in addition to state funding assistance to the academy in its initial years of operation as described in *RCW 70.220.060.
[ 2005 c 305 § 4. Formerly RCW 70.220.040.]
NOTES:
*Reviser's note: RCW 70.220.060 was repealed by 2017 3rd sp.s. c 25 § 9.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.40 - Washington Academy of Sciences. › 70A.40.050 - Additional services permitted.

RCW 70A.40.050
Additional services permitted.
The academy may carry out functions or provide services to its members and the public in addition to the services provided under RCW 70A.40.040, such as public education programs, newsletters, websites, science fairs, and research assistance.
[ 2020 c 20 § 1396; 2005 c 305 § 5. Formerly RCW 70.220.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.45 - Limiting Greenhouse Gas Emissions. › 70A.45.010 - Definitions.

RCW 70A.45.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Carbon dioxide equivalents" means a metric measure used to compare the emissions from various greenhouse gases based upon their global warming potential.
(2) "Carbon sequestration" means the process of capturing and storing atmospheric carbon dioxide through biologic, chemical, geologic, or physical processes.
(3) "Climate advisory team" means the stakeholder group formed in response to executive order 07-02.
(4) "Climate impacts group" means the University of Washington's climate impacts group.
(5) "Department" means the department of ecology.
(6) "Director" means the director of the department.
(7) "Greenhouse gas" and "greenhouse gases" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other gas or gases designated by the department by rule.
(8) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of the state.
(9) "Program" means the department's climate change program.
(10) "Western climate initiative" means the collaboration of states, Canadian provinces, Mexican states, and tribes to design a multisector market-based mechanism as directed under the western regional climate action initiative signed by the governor on February 22, 2007.
[ 2021 c 315 § 3. Prior: 2020 c 79 § 5; prior: 2019 c 284 § 2; 2010 c 146 § 1; 2008 c 14 § 2. Formerly RCW 70.235.010.]
NOTES:
Intent—2020 c 79: See note following RCW 70A.45.020.
Finding—Intent—2019 c 284: See note following RCW 70A.60.060.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.45 - Limiting Greenhouse Gas Emissions. › 70A.45.040 - Consultation with climate impacts group at the University of Washington—Report to the legislature.

RCW 70A.45.040
Consultation with climate impacts group at the University of Washington—Report to the legislature.
Within eighteen months of the next and each successive global or national assessment of climate change science, the department shall consult with the climate impacts group at the University of Washington regarding the science on human-caused climate change and provide a report to the legislature summarizing that science and make recommendations regarding whether the greenhouse gas emissions reductions required under RCW 70A.45.020 need to be updated.
[ 2020 c 20 § 1400; 2008 c 14 § 7. Formerly RCW 70.235.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.45 - Limiting Greenhouse Gas Emissions. › 70A.45.060 - Emissions calculator for estimating aggregate emissions—Reports.

RCW 70A.45.060
Emissions calculator for estimating aggregate emissions—Reports.
(1) The department shall develop an emissions calculator to assist state agencies in estimating aggregate emissions as well as in estimating the relative emissions from different ways in carrying out activities.
(2) The department may use data such as totals of building space occupied, energy purchases and generation, motor vehicle fuel purchases and total mileage driven, and other reasonable sources of data to make these estimates. The estimates may be derived from a single methodology using these or other factors, except that for the top ten state agencies in occupied building space and vehicle miles driven, the estimates must be based upon the actual and projected operations of those agencies. The estimates may be adjusted, and reasonable estimates derived, when agencies have been created since 1990 or functions reorganized among state agencies since 1990. The estimates may incorporate projected emissions reductions that also affect state agencies under the program authorized in RCW 70A.45.020 and other existing policies that will result in emissions reductions.
(3) By December 31st of each even-numbered year beginning in 2010, the department shall report to the governor and to the appropriate committees of the senate and house of representatives the total state agencies' emissions of greenhouse gases for 2005 and the preceding two years and actions taken to meet the emissions reduction targets.
[ 2020 c 20 § 1402; 2009 c 519 § 5. Formerly RCW 70.235.060.]
NOTES:
Findings—2009 c 519: See RCW 70A.05.900.