Title 70A, Title 70A ENVIRONMENTAL HEALTH AND SAFETY

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 substan…

(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 govern…

(1) The purpose of this chapter is to reduce environmental and health disparities in Washington state and improve the health of all Washington state residents. This chapter implements the recommendations of the environmental justice task force established in section 221(48), chap…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Council" means the environmental justice council established in RCW 70A.02.110.(2) "Covered agency" means the departments of ecology, health, natural resources, commer…

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 fea…

(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 un…

(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 …

(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 p…

(1)(a) When considering a significant agency action initiated after July 1, 2023, a covered agency must conduct an environmental justice assessment in accordance with this section to inform and support the agency's consideration of overburdened communities and vulnerable populati…

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 s 15.]Notes:Conflict with federal requirements—2021 c 314: See …

(1) With consideration of the guidelines issued by the council in RCW 70A.02.110, and in iterative consultation with the council, each covered agency must incorporate environmental justice principles into its decision processes for budget development, making expenditures, and gra…

(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 p…

(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 consultat…

(1) The environmental justice council is established to advise covered agencies on incorporating environmental justice into agency activities.(2) The council consists of 14 members, except as provided in RCW 70A.65.040(3), appointed by the governor. The councilmembers must be per…

(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 …

(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…

(1) The departments of ecology, agriculture, commerce, health, fish and wildlife, natural resources, and transportation, the state conservation commission, the Puget Sound partnership, and the emergency management division shall develop an integrated climate change response strat…

(1) The integrated climate change response strategy should address the impact of and adaptation to climate change, as well as the regional capacity to undertake actions, existing ecosystem and resource management concerns, and health and economic risks. Agencies should consider a…

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 respons…

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 po…

(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 fundin…

(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. Esti…

Nothing in this chapter creates any new or additional regulatory authority for any state agency.[ 2023 c 169 s 8.]Notes:Findings—Intent—2023 c 169: See note following RCW 70A.05.010.

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 belo…

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 attempti…

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) Es…

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 p…

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 represent…

(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, a…

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 s 1045; 1973 c 64 s 6; 1965 c 8 s 43.37.080.…

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 resea…

(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 ac…

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 intenti…

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 h…

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 duri…

(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 wh…

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…

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…

(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 equi…

(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 li…

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 wa…

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 s 43.37.200. Prior…

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 g…

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.[ 198…

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 s 1049; 1981 c…

The effective date of this 1973 amendatory act shall be July 1, 1973.[ 1973 c 64 s 18. Formerly RCW 43.37.910.]

It is declared to be the public policy to preserve, protect, and enhance the air quality for current and future generations. Air is an essential resource that must be protected from harmful levels of pollution. Improving air quality is a matter of statewide concern and is in the …

(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.…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.(2) "Air pollution" is presence in…

Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under cha…