GeoLawWatch: Tracking Weather & Climate Legislation

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-117, Arizona Revised Statutes, is amended to read:

45-117. Water resources fund; purpose; monies held in trust

A. The water resources fund is established to be maintained in perpetuity consisting of:

* Except as provided in section 45-113, subsection F, monies received pursuant to sections 45-113, 45-115, 45-116, 45-183, 45-273, 45-292, 45-411.01, 45-467, 45-476.01, 45-595, 45-612, 45-703, 45-871.01, 45-874.01, 45-1021, 45-1041, 45-1205 and 45-1603.
* Monies appropriated by the legislature to the water resources fund.
* Gifts, grants and donations to the fund from any public or private source.
* Interest and other income received from investing monies in the fund.

B. Monies in the fund are subject to legislative appropriation. Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. Except for monies collected pursuant to section 45-1603, monies in the fund shall be used exclusively by the department of water resources to carry out the purposes of this title and shall not be appropriated for any other purpose. Monies collected pursuant to section 45-1603 shall be distributed to the department of water resources and the department of environmental quality in proportion to each department's cost of reviewing a weather modification license application.

D. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest the monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.

E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water resources fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.

Sec. 2. Heading change

The chapter heading of title 45, chapter 9, Arizona Revised Statutes, is changed from "Weather Control and Cloud Modification" to "Weather Modification".

Sec. 3. Section 45-1601, Arizona Revised Statutes, is amended to read:

45-1601. License required

A person, a corporation, other than the United States and its administrative agencies or a political subdivision or agency of this state, without having first received a license from the director of water resources, shall not conduct any weather modification operations or attempt artificially to augment precipitation, perform hail suppression or disperse fog in this state.

Sec. 4. Section 45-1602, Arizona Revised Statutes, is amended to read:

45-1602. Application for weather modification license; conditions; rules

A. A person or a political subdivision or agency of this state that proposes to operate weather modification projects or that attempts to artificially augment precipitation, perform hail suppression or disperse fog, before engaging in any such operation, shall apply to the director for a license to engage in the particular weather modification operation contemplated.

B. On receipt of any administratively complete application, the director shall transmit a copy of the application to the department of environmental quality.

C. The director shall issue a weather modification license within one hundred twenty days if the director determines that both of the following apply:
* The proposed operation will not cause flooding, damage property or harm wildlife.
* The proposed operation will use chemicals, compounds or substances that have been reviewed and approved by the department of environmental quality pursuant to section 49-119 and the director of the department of environmental quality has issued a statement that affirms its review of the application and the proposed use and quantity of the chemicals, compounds or substances.

D. On receipt of the notice from the department of environmental quality pursuant to section 49-119, the department of water resources shall provide written notice of the proposed operation to the general public that resides or owns property in the proposed operation area and accept public comment on the proposed operation.

E. Within thirty days after providing notice and the opening of public comment, the director shall hold at least one public meeting in the likely affected area.

F. The director may condition a weather modification license on the applicant agreeing in writing to modify the weather modification operation consistent with the requirements of the department of environmental quality.

G. The director shall condition a weather modification license on the applicant agreeing in writing to be responsible for actively monitoring the weather conditions and pattern before the operation begins and maintaining familiarity with the license suspension criteria adopted pursuant to section 45-1603.02.

H. All licensees shall maintain insurance or evidence of financial surety for the duration of any weather modification operation. The evidence of financial surety may be satisfied by a contractor indemnifying the licensee. The director shall adopt rules to establish a formula for the necessary insurance or financial surety that is needed to protect the public and cover any potential losses from weather modification operations.

Sec. 5. Section 45-1603, Arizona Revised Statutes, is amended to read:

45-1603. Application fee; statement accompanying application
A. At the time of applying for the license, the applicant shall pay to the director a fee of $100 and shall file an application in the form prescribed by the director and furnish a statement showing:
* The name, contact information and address of the applicant and the contractor that the applicant may use for the operation.
* The position job titles and job descriptions of the key persons who are responsible for the weather modification operation.
* The methods of operation the licensee will use and the description of the aircraft, equipment, ground and meteorological services to be used and the operating technique.
* Details of the operation, including:

(a) The area to be served.

(b) The months and estimated hours in which operations will be conducted.

(c) The dates when evaluations will be submitted.

(d) The type of weather modification proposed, including whether the operation will augment precipitation, perform hail suppression or disperse fog.

(e) The estimated volume of water in acre-feet that the licensee expects to create or induce and the estimation methodology.

(f) The names and quantity of each chemical, compound and substance that the licensee will release and that the department of environmental quality has approved the quantity and chemical, compound or substance for the proposed use pursuant to section 49-119.

* The potential watersheds, rivers, streams and floodplains that may be affected by the operation.
* The projected weather forecast or weather pattern for the operation period and the source of the projected forecast or pattern.
* Evidence of financial surety or insurance for the duration of the license time frame.

B. The director shall deposit, pursuant to sections 35-146 and 35-147, all fees received under this section in the water resources fund established by section 45-117.

Sec. 6. Title 45, chapter 9, article 1, Arizona Revised Statutes, is amended by adding sections 45-1603.01, 45-1603.02 and 45-1603.03, to read:

45-1603.01. Weather modification license; duration; renewal; effective date of license; definition

A. A license issued pursuant to this article shall remain valid for one year from the date of issuance.

B. Before expiration of the license, a licensee may submit a renewal application on a form prescribed by the director. The director shall take action on any administratively complete renewal application within thirty days after receipt. Any license renewal that is approved before the expiration date of the original license or a renewed license remains in effect from the original date of issuance to the end of the renewal period.

C. The director shall approve a renewal application if all of the following conditions are met:
* There is no material change in the licensee's operation.
* The licensee has complied with all reporting and notice requirements prescribed in section 45-1604.
* The licensee has not been convicted of a violation of this article pursuant to section 45-1607.
* The licensee has and maintains sufficient financial surety or insurance pursuant to section 45-1602.

D. If there is a material change in the licensee's operation, the licensee shall submit a new application as prescribed in section 45-1602.

E. For the purposes of this section, "material change":
* Includes a change in the proposed chemical compounds or substances that will be used in the planned operation or a substantial increase in the per event amount of chemicals, compounds or substances that will be used in the planned operation.
* Does not include a change in the months, number of months or estimated hours of operation if the changes occur within the same operation season as the original license.

45-1603.02. Rules; license; suspension; criteria
A. To protect the public health and safety and to mitigate any potential impacts to affected floodplains, watersheds and property owners, the director shall adopt rules that establish criteria for suspending weather modification operations. The director shall base the criteria on industry guidelines, suspension criteria in other western states and feedback from stakeholders that is collected during the rulemaking process.

B. A person may not conduct or attempt weather modification when suspension criteria are in effect.

C. Before the director prepares or submits any notice to adopt or amend any rules adopted pursuant to this section, the director shall issue a public notice and hold at least one public meeting to seek feedback from members of the public and interested stakeholders.

45-1603.03. Online license database

A. The director shall maintain a searchable database of all licenses and license applications on the department's website. The database shall include the following:
* The name of the operation, applicant or licensee.
* The application or license number.
* The operation date range.
* The location and the likely affected area of the project.
* The purpose of the operation, including whether the purpose is to augment precipitation, perform hail suppression or disperse fog.
* The anticipated volume of water in acre-feet that the operation will produce.
* A downloadable link of the application or license and all accompanying documentation, including all documents and approvals that are submitted or received from the department of environmental quality pursuant to section 49-119.

B. The director shall update the database each time the director receives or takes any action on an application or license that is submitted or issued pursuant to this article.

Sec. 7. Section 45-1604, Arizona Revised Statutes, is amended to read:

45-1604. Notice of planned operation; reports required from licensees; failure to file; revocation of license

A. Before the start of each annual season that a licensee plans to conduct a weather modification operation, each licensee shall issue a notice in a newspaper of general circulation in the affected area that contains all of the following:

* A brief description of the planned operation area and the likely affected area.
* A brief description of the potential months and estimated hours of operation.
* A brief statement indicating that the department of water resources and the department of environmental quality have approved the operation.
* The name and contact information of the licensee's primary point of contact.
* The contact information of the department of water resources.
* The name and contact information of the department of environmental quality.

B. Within ninety days after conclusion of any weather modification project, each licensee shall file with the director a final evaluation of the project. Each six months during the operation of any project that has not been completed each licensee shall file a report evaluating the operations for the preceding six months in the project.

C. All reports shall include the following:

* The total number of cloud seeding hours.
* The total estimated volume in acre-feet of water produced.
* The name and volume of all chemicals, compounds and substances the licensee used.

D. The director of the department of water resources shall forward all reports to the director of the department of environmental quality.

E. Failure to file any report or to provide the notice prescribed in this section constitutes grounds for immediate revocation of the license.

Sec. 8. Repeal

Section 45-1605, Arizona Revised Statutes, is repealed.

Sec. 9. Section 45-1606, Arizona Revised Statutes, is amended to read:

45-1606. Exception
This article does not prohibit the use and operation of equipment and supplies designed for the purpose of weather modification that are owned by the owner, lessee or licensee of real property and that are used for agricultural purposes on the property for his exclusive benefit.

Sec. 10. Section 45-1607, Arizona Revised Statutes, is amended to read:

45-1607. Violations; classification; enforcement

A. A person that conducts weather modification operations without first having procured a license as provided by this article, or who knowingly makes a false statement in the application for license, or who knowingly fails to file any report or evaluation required by this article, or who knowingly conducts any weather modification operation when suspension criteria are in effect, when the person should have known suspension criteria are in effect, or after revocation of the person's license, or who violates any other provision of this article, including the use of any chemical, compound or substance in an amount greater than authorized by the person's license, is guilty of a class 3 misdemeanor.

B. Any resident of this state may submit a petition to the Attorney General alleging a violation of this section. The Attorney General shall investigate all petitions. The Attorney General shall file any complaints pursuant to this section in the Superior Court.

C. In addition to any other applicable penalties, the court shall award the prevailing party injunctive relief, reasonable attorney fees and any other relief the court finds necessary.
Sec. 11. Title 45, chapter 9, article 1, Arizona Revised Statutes, is amended by adding section 45-1608, to read:

45-1608. Immunity from liability

The department, the director and this state, including the department of environmental quality, are not liable for any damages, claims or causes of action that result from a license issued pursuant to this article or section 49-119.

Sec. 12. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-119, to read:

49-119. Weather modification; rules; application review

A. The director shall adopt rules to create a list of approved chemicals, compounds and substances and the maximum quantity of each chemical, compound and substance that a person may use to conduct weather modification operations or to attempt artificially to augment precipitation, perform hail suppression or disperse fog. The director shall base the list on industry guidelines, the maximum quantity of each chemical, compound and substance that are authorized in other western states and the potential effects of the chemicals, compounds and substances on persons, wildlife and the environment.

B. Within thirty days after receiving a weather modification license application pursuant to title 45, chapter 9, the director shall:
* Review the application and determine whether the proposed chemicals, compounds and substances and the proposed quantity of each comply with rules adopted pursuant to this section.
* Transmit to the director of the department of water resources a written notice that the department of environmental quality has reviewed the application and that the proposed chemicals, compounds and substances and the proposed quantity of each complies or fails to comply with the rules adopted pursuant to this section. The director of the department of environmental quality shall individually note compliance for each proposed chemical, compound and substance and each quantity.

C. The director may condition the determination made pursuant to subsection B, paragraph 2 of this section on the applicant agreeing to modify the proposed chemical, compound or substance or the quantity consistent with the guidelines of the department.

D. The director shall provide a representative to be present at any public meeting held pursuant to section 45-1603.02.

E. Before the director files a notice with the secretary of state to adopt rules or modify rules pursuant to this section, the director shall issue a public notice, hold a public meeting and seek feedback from the public and interested stakeholders.

Sec. 13. Rulemaking

Within sixty days after the effective date of this act, the department of water resources and the department of environmental quality shall adopt rules to implement this act.

Sec. 14. Legislative intent

It is the intent of the legislature that the online license database the department of water resources maintains pursuant to section 45-1603.03, Arizona Revised Statutes, as added by this act, be similar to the national oceanic and atmospheric administration weather modification database.

Sec. 15. Applicability

This act applies from and after the effective date of updated rules that are adopted by the department of environmental quality and the department of water resources pursuant to this act.