Washington : 2025-2026 Regular Session : BILL HB2222
Restricting weather modification activities.
Sponsor: Rep Rob Chase
Bill Details
Restricting weather modification activities.
Bill summary
This bill prohibits injecting, releasing, or dispersing any chemical, substance, or apparatus into Washington's atmosphere or hydrological systems to affect temperature, weather, climate, or sunlight intensity.
The bill bans activities such as stratospheric aerosol injections and the manipulation of the atmosphere at different levels. It also bans cloud seeding, so-called "chemtrail events," and weather modification using aircraft, weather balloons, drones, or satellites. Ground-based tools like radar, 5G, 6G, RF waves, and lasers are also prohibited. Additionally, it forbids spreading or energising nano particles over people in Washington.
Breaking these rules can lead to felony charges. A first violation is a Class C felony with fines up to $1,000,000. Repeat violations become a Class B felony. Aircraft operators face separate penalties. A first offence means a $5,000 fine and up to five years in prison. Repeat offences mean a $5,000 fine and up to ten years in prison. Each violation counts separately. All fines go into the air pollution control account.
The Department of Ecology will set up an online system for people to report complaints. This system will include an email address and a web form. The department must look into valid reports. It can send cases to the Department of Health or the Emergency Management Division if needed.
Starting October 1, 2026, all airport operators must report monthly to the Department of Transportation. Reports must list any aircraft equipped for atmospheric modification at their public facilities. Airports that do not comply lose state funding.
Anyone can sue people they believe are breaking the law. They can also force the department to investigate or sue it if it does not do its job. Courts can award attorney's fees and expert witness costs to the prevailing party.
The bill repeals Washington’s weather modification rules (RCW 70A.10). These rules established a licensing and permit system in 1965. This means the state will no longer supervise or regulate weather modification.
An unusual aspect of the bill is the use of the word "chemtrail" in the law. It also bans 5G, 6G, radar, and RF waves as methods of weather modification. The bill mentions "energizing" nanoparticles and ends the current regulatory system rather than changing it.
History
HB 2222 was prefiled on December 31, 2025, by Representative Chase for consideration during Washington's 2026 Regular Session. Prefiling is a procedural mechanism that allows legislators to submit bills before the session officially convenes. Washington's 2026 session begins January 12, 2026, and runs through approximately March 12, 2026. The bill has not yet been formally introduced or assigned to a committee.
Washington operates on a biennial legislative cycle beginning in odd-numbered years, with the 2026 session representing the second year of the 69th Legislature. Bills prefiled in December are queued for processing once the session opens. As a House bill, HB 2222 will first need committee assignment after introduction, followed by committee hearings and votes, before proceeding to the House floor and then the Senate for identical consideration.
- Wed 31 Dec 2025 Prefiled for introduction.
Supplementary documents
No supplementary documents available
Bill text
AN ACT Relating to restricting weather modification activities; amending RCW 43.27A.190 and 70A.15.1010; adding new sections to chapter 70A.10 RCW; repealing RCW 43.21C.210, 70A.10.010, 70A.10.020, 70A.10.030, 70A.10.040, 70A.10.050, 70A.10.060, 70A.10.070, 70A.10.080, 70A.10.090, 70A.10.100, 70A.10.110, 70A.10.120, 70A.10.130, 70A.10.140, 70A.10.150, 70A.10.160, 70A.10.170, 70A.10.180, 70A.10.190, 70A.10.200, 70A.10.210, and 70A.10.900; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70A.10 RCW to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aircraft" means a powered or unpowered machine or device capable of atmospheric flight, except a parachute or other such device used primarily as safety equipment.
(2) "Department" means the department of ecology.
(3) "Person" includes, but is not limited to, government agencies, private corporations, nonprofits, limited liability companies, investment equity firms, or any other man-made organization.
(4) "Public infrastructure" means any airport as defined in RCW 47.68.020.
NEW SECTION. Sec. 2. A new section is added to chapter 70A.10 RCW to read as follows:
(1) The injection, release, or dispersion, by any means, of a chemical, chemical compound, substance, or apparatus into the atmosphere within the borders of this state, or in a location determined by the department to have an effect on atmospheric or hydrological systems in Washington, for the express purpose of affecting the temperature, weather, climate, or intensity of sunlight is prohibited. The activities prohibited under this subsection include:
(a) Atmospheric manipulation, including any individuals or entities applying stratospheric aerosol injections, or causing any type of atmospheric interruptions in the mesosphere, troposphere, stratosphere, or ionosphere, resulting in manipulation effects on the weather environment or impacting human health and well-being; and
(b) Weather modification programs including, but not limited to:
(i) Cloud seeding or chemtrail events;
(ii) Any weather modification activities caused by stratospheric aerosol injections, regardless of the method or instrument used, such as aircraft, weather balloons, drones, satellites, or land-based apparatuses including, radar, 5G, 6G, RF waves of any kind, lasers, or any other equipment not identified for the sole purpose of weather modification or manipulation; and
(iii) All forms of dispersing, dispersions, and energizing of nano particulates over any portion of the population within the state of Washington, including within its boundaries and borders.
(2)(a)(i) Except as provided in (b) and (c) of this subsection, any person, including any public or private corporation, who conducts a geoengineering or weather modification activity in violation of this section commits a class C felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.
(ii) A person previously sanctioned under this section who conducts a geoengineering or weather modification activity in violation of this section commits a class B felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.
(b)(i) In the case of a violation by a corporation, or the officers, directors, or employees of the corporation, commits a class C felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.
(ii) A corporation, or the officer, director, or employee of a corporation, previously sanctioned under this section who conducts a geoengineering or weather modification activity in violation of this section commits a class B felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.
(c)(i) In the case of a violation by an aircraft operator or controller, the person commits a class C felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $5,000 and up to five years in prison.
(ii) In the case of a violation by an aircraft operator or controller previously sanctioned under this section, the person commits a class B felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $5,000 and up to 10 years in prison.
(d) Each violation under this section constitutes a separate offense.
(3) All penalties collected under this section must be deposited in the air pollution control account created in RCW 70A.15.1010.
(4)(a) Any person who observes a geoengineering or weather modification activity conducted in violation of this section may report the observed violation to the department online or by telephone, mail, or email. The department must establish an email address and an online form for persons to report observed violations under this subsection. The department must make the email address and online form publicly accessible on its website.
(b) The department must establish a method for intake and screening of the reports made under this subsection. The department must investigate any report that warrants further review to determine whether there are violations of this section.
(c) The department must refer reports of observed violations made under this subsection to the department of health or the emergency management division of the state military department, if appropriate.
(d) The department may adopt rules as necessary to implement this subsection.
NEW SECTION. Sec. 3. A new section is added to chapter 70A.10 RCW to read as follows:
(1) Any person may commence a civil action against any person or corporation who is alleged to have violated or to be in violation of this chapter.
(2) Any person may commence a civil action to compel the department to investigate a person or corporation's compliance with this chapter, to enforce compliance with this chapter, or to apply the prohibitions set forth in this chapter to any person or corporation operating within this state.
(3) Any person may commence a civil action against the department where there is an alleged failure of the department to perform any act or duty under this chapter that is not discretionary with the department.
(4) No action may be commenced:
(a) Prior to 60 days after the plaintiff has given notice of the alleged violation to the department and to any alleged violator; or
(b) If the department has commenced an enforcement action under section 2 of this act to require compliance.
(5)(a) Any action respecting a violation of this chapter may be brought in any judicial district in which the person engages in commerce.
(b) In such an action under this section, the department, if not a party, may intervene as a matter of right.
(6) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorneys' and expert witness fees, to any prevailing party, wherever the court determines such an award is appropriate.
(7) A civil action to enforce compliance with a law, rule, or order may not be brought under this section if any other statute, or the common law, provides authority for the plaintiff to bring a civil action and, in such an action, obtain the same relief, as authorized under this section, for enforcement of such a law, rule, or order. Nothing in this section restricts any right that any person, or class of persons, may have under any statute or common law to seek any relief, including relief against the state or a state agency.
NEW SECTION. Sec. 4. A new section is added to chapter 70A.10 RCW to read as follows:
(1) Beginning October 1, 2026, all operators of public infrastructure must report monthly to the department of transportation, using a method determined by the department of transportation:
(a) The physical presence of any aircraft on public property, including any public infrastructure, equipped with any part, component, device, or the like which may be used to support the intentional emission, injection, release, or dispersion of air contaminants into the atmosphere within the borders of this state when such emissions occur for the express purpose of affecting temperature, weather, climate, or the intensity of sunlight; and
(b) The landing, takeoff, stopover, or refueling of an aircraft equipped with the components outlined in (a) of this subsection, on the physical location of the public infrastructure.
(2) The department of transportation is prohibited from expending any state funds to support a project or program located on or in support of public infrastructure which is not in compliance with the requirements of this section until such time as the entity comes into compliance with this section.
(3) Upon the receipt of reports required under subsection (1) of this section, the department of transportation must submit aggregated reports to the department and the applicable state law enforcement agency in support of the enforcement of section 3 of this act.
(4) The department of transportation must incorporate reporting guidelines in all grant agreements for public use airports which receive state funds.
(5) The department of transportation may adopt rules necessary to implement this section.
Sec. 5. RCW 43.27A.190 and 2020 c 20 s 1043 are each amended to read as follows:
Notwithstanding and in addition to any other powers granted to the department of ecology, whenever it appears to the department that a person is violating or is about to violate any of the provisions of the following:
(1) Chapter 90.03 RCW; or
(2) Chapter 90.44 RCW; or
(3) Chapter 86.16 RCW; or
(4) Chapter 43.27A RCW; or
(5) Any other law relating to water resources administered by the department; or
(6) A rule or regulation adopted, or a directive or order issued by the department relating to subsections (1) through (5) of this section; the department may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of the statute, rule, regulation, directive or order alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. The regulation of a headgate or controlling works as provided in RCW 90.03.070, by a watermaster, stream patrol officer, or other person so authorized by the department shall constitute a regulatory order within the meaning of this section. A regulatory order issued hereunder shall become effective immediately upon receipt by the person to whom the order is directed, except for regulations under RCW 90.03.070 which shall become effective when a written notice is attached as provided therein. Any person aggrieved by such order may appeal the order pursuant to RCW 43.21B.310.
Sec. 6. RCW 70A.15.1010 and 2022 c 179 s 16 are each amended to read as follows:
(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, section 2 of this act, 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.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) RCW 43.21C.210 (Certain actions during state of emergency exempt from chapter) and 2020 c 20 s 1041 & 1981 c 278 s 4;
(2) RCW 70A.10.010 (Definitions) and 1973 c 64 s 1 & 1965 c 8 s 43.37.010;
(3) RCW 70A.10.020 (Powers and duties) and 1973 c 64 s 2 & 1965 c 8 s 43.37.030;
(4) RCW 70A.10.030 (Promotion of research and development activities--Contracts and agreements) and 1973 c 64 s 3 & 1965 c 8 s 43.37.040;
(5) RCW 70A.10.040 (Hearing procedure) and 2020 c 20 s 1044, 2009 c 549 s 5113, 1973 c 64 s 4, & 1965 c 8 s 43.37.050;
(6) RCW 70A.10.050 (Acceptance of gifts, donations, etc) and 1973 c 64 s 5 & 1965 c 8 s 43.37.060;
(7) RCW 70A.10.060 (License and permit required) and 2020 c 20 s 1045, 1973 c 64 s 6, & 1965 c 8 s 43.37.080;
(8) RCW 70A.10.070 (Exemptions) and 1973 c 64 s 7 & 1965 c 8 s 43.37.090;
(9) RCW 70A.10.080 (Licenses--Requirements, duration, renewal, fees) and 1973 c 64 s 8 & 1965 c 8 s 43.37.100;
(10) RCW 70A.10.090 (Permits--Requirements--Hearing as to issuance) and 2020 c 20 s 1046, 1973 c 64 s 9, & 1965 c 8 s 43.37.110;
(11) RCW 70A.10.100 (Separate permit for each operation--Filing and publishing notice of intention--Activities restricted by permit and notice) and 2009 c 549 s 5114, 1973 c 64 s 10, & 1965 c 8 s 43.37.120;
(12) RCW 70A.10.110 (Notice of intention--Contents) and 1965 c 8 s 43.37.130;
(13) RCW 70A.10.120 (Notice of intention--Publication) and 2020 c 20 s 1047, 1973 c 64 s 11, & 1965 c 8 s 43.37.140;
(14) RCW 70A.10.130 (Financial responsibility) and 2009 c 549 s 5115, 1973 c 64 s 12, & 1965 c 8 s 43.37.150;
(15) RCW 70A.10.140 (Fees--Sanctions for failure to pay) and 2009 c 549 s 5116, 1973 c 64 s 13, & 1965 c 8 s 43.37.160;
(16) RCW 70A.10.150 (Records and reports--Open to public examination) and 2020 c 20 s 1048, 2009 c 549 s 5117, 1973 c 64 s 14, & 1965 c 8 s 43.37.170;
(17) RCW 70A.10.160 (Revocation, suspension, modification of license or permit) and 1973 c 64 s 15 & 1965 c 8 s 43.37.180;
(18) RCW 70A.10.170 (Liability of state denied--Legal rights of private persons not affected) and 1973 c 64 s 16 & 1965 c 8 s 43.37.190;
(19) RCW 70A.10.180 (Penalty) and 1965 c 8 s 43.37.200;
(20) RCW 70A.10.190 (Legislative declaration) and 1981 c 278 s 1;
(21) RCW 70A.10.200 (Program of emergency cloud seeding authorized) and 1981 c 278 s 2;
(22) RCW 70A.10.210 (Exemption of licensee from certain requirements) and 2020 c 20 s 1049 & 1981 c 278 s 3; and
(23) RCW 70A.10.900 (Effective date--1973 c 64) and 1973 c 64 s 18.
NEW SECTION. Sec. 8. 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70A.10 RCW to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aircraft" means a powered or unpowered machine or device capable of atmospheric flight, except a parachute or other such device used primarily as safety equipment.
(2) "Department" means the department of ecology.
(3) "Person" includes, but is not limited to, government agencies, private corporations, nonprofits, limited liability companies, investment equity firms, or any other man-made organization.
(4) "Public infrastructure" means any airport as defined in RCW 47.68.020.
NEW SECTION. Sec. 2. A new section is added to chapter 70A.10 RCW to read as follows:
(1) The injection, release, or dispersion, by any means, of a chemical, chemical compound, substance, or apparatus into the atmosphere within the borders of this state, or in a location determined by the department to have an effect on atmospheric or hydrological systems in Washington, for the express purpose of affecting the temperature, weather, climate, or intensity of sunlight is prohibited. The activities prohibited under this subsection include:
(a) Atmospheric manipulation, including any individuals or entities applying stratospheric aerosol injections, or causing any type of atmospheric interruptions in the mesosphere, troposphere, stratosphere, or ionosphere, resulting in manipulation effects on the weather environment or impacting human health and well-being; and
(b) Weather modification programs including, but not limited to:
(i) Cloud seeding or chemtrail events;
(ii) Any weather modification activities caused by stratospheric aerosol injections, regardless of the method or instrument used, such as aircraft, weather balloons, drones, satellites, or land-based apparatuses including, radar, 5G, 6G, RF waves of any kind, lasers, or any other equipment not identified for the sole purpose of weather modification or manipulation; and
(iii) All forms of dispersing, dispersions, and energizing of nano particulates over any portion of the population within the state of Washington, including within its boundaries and borders.
(2)(a)(i) Except as provided in (b) and (c) of this subsection, any person, including any public or private corporation, who conducts a geoengineering or weather modification activity in violation of this section commits a class C felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.
(ii) A person previously sanctioned under this section who conducts a geoengineering or weather modification activity in violation of this section commits a class B felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.
(b)(i) In the case of a violation by a corporation, or the officers, directors, or employees of the corporation, commits a class C felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.
(ii) A corporation, or the officer, director, or employee of a corporation, previously sanctioned under this section who conducts a geoengineering or weather modification activity in violation of this section commits a class B felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.
(c)(i) In the case of a violation by an aircraft operator or controller, the person commits a class C felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $5,000 and up to five years in prison.
(ii) In the case of a violation by an aircraft operator or controller previously sanctioned under this section, the person commits a class B felony, punishable by a term of confinement as provided in RCW 9A.20.021 and by a fine not exceeding $5,000 and up to 10 years in prison.
(d) Each violation under this section constitutes a separate offense.
(3) All penalties collected under this section must be deposited in the air pollution control account created in RCW 70A.15.1010.
(4)(a) Any person who observes a geoengineering or weather modification activity conducted in violation of this section may report the observed violation to the department online or by telephone, mail, or email. The department must establish an email address and an online form for persons to report observed violations under this subsection. The department must make the email address and online form publicly accessible on its website.
(b) The department must establish a method for intake and screening of the reports made under this subsection. The department must investigate any report that warrants further review to determine whether there are violations of this section.
(c) The department must refer reports of observed violations made under this subsection to the department of health or the emergency management division of the state military department, if appropriate.
(d) The department may adopt rules as necessary to implement this subsection.
NEW SECTION. Sec. 3. A new section is added to chapter 70A.10 RCW to read as follows:
(1) Any person may commence a civil action against any person or corporation who is alleged to have violated or to be in violation of this chapter.
(2) Any person may commence a civil action to compel the department to investigate a person or corporation's compliance with this chapter, to enforce compliance with this chapter, or to apply the prohibitions set forth in this chapter to any person or corporation operating within this state.
(3) Any person may commence a civil action against the department where there is an alleged failure of the department to perform any act or duty under this chapter that is not discretionary with the department.
(4) No action may be commenced:
(a) Prior to 60 days after the plaintiff has given notice of the alleged violation to the department and to any alleged violator; or
(b) If the department has commenced an enforcement action under section 2 of this act to require compliance.
(5)(a) Any action respecting a violation of this chapter may be brought in any judicial district in which the person engages in commerce.
(b) In such an action under this section, the department, if not a party, may intervene as a matter of right.
(6) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorneys' and expert witness fees, to any prevailing party, wherever the court determines such an award is appropriate.
(7) A civil action to enforce compliance with a law, rule, or order may not be brought under this section if any other statute, or the common law, provides authority for the plaintiff to bring a civil action and, in such an action, obtain the same relief, as authorized under this section, for enforcement of such a law, rule, or order. Nothing in this section restricts any right that any person, or class of persons, may have under any statute or common law to seek any relief, including relief against the state or a state agency.
NEW SECTION. Sec. 4. A new section is added to chapter 70A.10 RCW to read as follows:
(1) Beginning October 1, 2026, all operators of public infrastructure must report monthly to the department of transportation, using a method determined by the department of transportation:
(a) The physical presence of any aircraft on public property, including any public infrastructure, equipped with any part, component, device, or the like which may be used to support the intentional emission, injection, release, or dispersion of air contaminants into the atmosphere within the borders of this state when such emissions occur for the express purpose of affecting temperature, weather, climate, or the intensity of sunlight; and
(b) The landing, takeoff, stopover, or refueling of an aircraft equipped with the components outlined in (a) of this subsection, on the physical location of the public infrastructure.
(2) The department of transportation is prohibited from expending any state funds to support a project or program located on or in support of public infrastructure which is not in compliance with the requirements of this section until such time as the entity comes into compliance with this section.
(3) Upon the receipt of reports required under subsection (1) of this section, the department of transportation must submit aggregated reports to the department and the applicable state law enforcement agency in support of the enforcement of section 3 of this act.
(4) The department of transportation must incorporate reporting guidelines in all grant agreements for public use airports which receive state funds.
(5) The department of transportation may adopt rules necessary to implement this section.
Sec. 5. RCW 43.27A.190 and 2020 c 20 s 1043 are each amended to read as follows:
Notwithstanding and in addition to any other powers granted to the department of ecology, whenever it appears to the department that a person is violating or is about to violate any of the provisions of the following:
(1) Chapter 90.03 RCW; or
(2) Chapter 90.44 RCW; or
(3) Chapter 86.16 RCW; or
(4) Chapter 43.27A RCW; or
(5) Any other law relating to water resources administered by the department; or
(6) A rule or regulation adopted, or a directive or order issued by the department relating to subsections (1) through (5) of this section; the department may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of the statute, rule, regulation, directive or order alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. The regulation of a headgate or controlling works as provided in RCW 90.03.070, by a watermaster, stream patrol officer, or other person so authorized by the department shall constitute a regulatory order within the meaning of this section. A regulatory order issued hereunder shall become effective immediately upon receipt by the person to whom the order is directed, except for regulations under RCW 90.03.070 which shall become effective when a written notice is attached as provided therein. Any person aggrieved by such order may appeal the order pursuant to RCW 43.21B.310.
Sec. 6. RCW 70A.15.1010 and 2022 c 179 s 16 are each amended to read as follows:
(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, section 2 of this act, 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.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) RCW 43.21C.210 (Certain actions during state of emergency exempt from chapter) and 2020 c 20 s 1041 & 1981 c 278 s 4;
(2) RCW 70A.10.010 (Definitions) and 1973 c 64 s 1 & 1965 c 8 s 43.37.010;
(3) RCW 70A.10.020 (Powers and duties) and 1973 c 64 s 2 & 1965 c 8 s 43.37.030;
(4) RCW 70A.10.030 (Promotion of research and development activities--Contracts and agreements) and 1973 c 64 s 3 & 1965 c 8 s 43.37.040;
(5) RCW 70A.10.040 (Hearing procedure) and 2020 c 20 s 1044, 2009 c 549 s 5113, 1973 c 64 s 4, & 1965 c 8 s 43.37.050;
(6) RCW 70A.10.050 (Acceptance of gifts, donations, etc) and 1973 c 64 s 5 & 1965 c 8 s 43.37.060;
(7) RCW 70A.10.060 (License and permit required) and 2020 c 20 s 1045, 1973 c 64 s 6, & 1965 c 8 s 43.37.080;
(8) RCW 70A.10.070 (Exemptions) and 1973 c 64 s 7 & 1965 c 8 s 43.37.090;
(9) RCW 70A.10.080 (Licenses--Requirements, duration, renewal, fees) and 1973 c 64 s 8 & 1965 c 8 s 43.37.100;
(10) RCW 70A.10.090 (Permits--Requirements--Hearing as to issuance) and 2020 c 20 s 1046, 1973 c 64 s 9, & 1965 c 8 s 43.37.110;
(11) RCW 70A.10.100 (Separate permit for each operation--Filing and publishing notice of intention--Activities restricted by permit and notice) and 2009 c 549 s 5114, 1973 c 64 s 10, & 1965 c 8 s 43.37.120;
(12) RCW 70A.10.110 (Notice of intention--Contents) and 1965 c 8 s 43.37.130;
(13) RCW 70A.10.120 (Notice of intention--Publication) and 2020 c 20 s 1047, 1973 c 64 s 11, & 1965 c 8 s 43.37.140;
(14) RCW 70A.10.130 (Financial responsibility) and 2009 c 549 s 5115, 1973 c 64 s 12, & 1965 c 8 s 43.37.150;
(15) RCW 70A.10.140 (Fees--Sanctions for failure to pay) and 2009 c 549 s 5116, 1973 c 64 s 13, & 1965 c 8 s 43.37.160;
(16) RCW 70A.10.150 (Records and reports--Open to public examination) and 2020 c 20 s 1048, 2009 c 549 s 5117, 1973 c 64 s 14, & 1965 c 8 s 43.37.170;
(17) RCW 70A.10.160 (Revocation, suspension, modification of license or permit) and 1973 c 64 s 15 & 1965 c 8 s 43.37.180;
(18) RCW 70A.10.170 (Liability of state denied--Legal rights of private persons not affected) and 1973 c 64 s 16 & 1965 c 8 s 43.37.190;
(19) RCW 70A.10.180 (Penalty) and 1965 c 8 s 43.37.200;
(20) RCW 70A.10.190 (Legislative declaration) and 1981 c 278 s 1;
(21) RCW 70A.10.200 (Program of emergency cloud seeding authorized) and 1981 c 278 s 2;
(22) RCW 70A.10.210 (Exemption of licensee from certain requirements) and 2020 c 20 s 1049 & 1981 c 278 s 3; and
(23) RCW 70A.10.900 (Effective date--1973 c 64) and 1973 c 64 s 18.
NEW SECTION. Sec. 8. 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.