title: RCW 70.97.100

text:
(1) The department shall establish licensing rules for enhanced services facilities to serve the populations defined in this chapter.
(2) No person or public or private agency may operate or maintain an enhanced services facility without a license, which must be renewed annually.
(3) A licensee shall have the following readily accessible and available for review by the department, residents, families of residents, and the public:
(a) Its license to operate and a copy of the department's most recent inspection report and any recent complaint investigation reports issued by the department;
(b) Its written policies and procedures for all care and services provided directly or indirectly by the facility; and
(c) The department's toll-free complaint number, which shall also be posted in a clearly visible place and manner.
(4) Enhanced services facilities shall maintain a grievance procedure that meets the requirements of rules established by the department.
(5) No facility shall discriminate or retaliate in any manner against a resident or employee because the resident, employee, or any other person made a complaint or provided information to the department, the long-term care ombuds, Washington protection and advocacy system, or a behavioral health ombuds.
(6) Each enhanced services facility will post in a prominent place in a common area a notice by the Washington protection and advocacy system providing contact information.
[ 2020 c 278 s 8; 2013 c 23 s 180; 2005 c 504 s 412.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Licensing requirements—Information available to public, residents, families.


doc_type: statute

jurisdiction: wa

title: RCW 70.97.110

text:
(1) In any case in which the department finds that a licensee of a facility, or any partner, officer, director, owner of five percent or more of the assets of the facility, or managing employee failed or refused to comply with the requirements of this chapter or the rules established under them, the department may take any or all of the following actions:
(a) Suspend, revoke, or refuse to issue or renew a license;
(b) Order stop placement; or
(c) Assess civil monetary penalties.
(2) The department may suspend, revoke, or refuse to renew a license, assess civil monetary penalties, or both, in any case in which it finds that the licensee of a facility, or any partner, officer, director, owner of five percent or more of the assets of the facility, or managing employee:
(a) Operated a facility without a license or under a revoked or suspended license;
(b) Knowingly or with reason to know made a false statement of a material fact in the license application or any data attached thereto, or in any matter under investigation by the department;
(c) Refused to allow representatives or agents of the department to inspect all books, records, and files required to be maintained or any portion of the premises of the facility;
(d) Willfully prevented, interfered with, or attempted to impede in any way the work of any duly authorized representative of the department and the lawful enforcement of any provision of this chapter;
(e) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of any of the provisions of this chapter or of the rules adopted under it; or
(f) Failed to pay any civil monetary penalty assessed by the department under this chapter within ten days after the assessment becomes final.
(3)(a) Civil penalties collected under this chapter shall be deposited into a special fund administered by the department.
(b) Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day the facility is or was out of compliance. Civil monetary penalties shall not exceed three thousand dollars per day. Each day upon which the same or a substantially similar action occurs is a separate violation subject to the assessment of a separate penalty.
(4) The department may use the civil penalty monetary fund for the protection of the health or property of residents of facilities found to be deficient including:
(a) Payment for the cost of relocation of residents to other facilities;
(b) Payment to maintain operation of a facility pending correction of deficiencies or closure; and
(c) Reimbursement of a resident for personal funds or property loss.
(5)(a) The department may issue a stop placement order on a facility, effective upon oral or written notice, when the department determines:
(i) The facility no longer substantially meets the requirements of this chapter; and
(ii) The deficiency or deficiencies in the facility:
(A) Jeopardizes the health and safety of the residents; or
(B) Seriously limits the facility's capacity to provide adequate care.
(b) When the department has ordered a stop placement, the department may approve a readmission to the facility from a hospital, residential treatment facility, or crisis intervention facility when the department determines the readmission would be in the best interest of the individual seeking readmission.
(6) If the department determines that an emergency exists and resident health and safety is immediately jeopardized as a result of a facility's failure or refusal to comply with this chapter, the department may summarily suspend the facility's license and order the immediate closure of the facility, or the immediate transfer of residents, or both.
(7) If the department determines that the health or safety of the residents is immediately jeopardized as a result of a facility's failure or refusal to comply with requirements of this chapter, the department may appoint temporary management to:
(a) Oversee the operation of the facility; and
(b) Ensure the health and safety of the facility's residents while:
(i) Orderly closure of the facility occurs; or
(ii) The deficiencies necessitating temporary management are corrected.
[ 2005 c 504 s 413.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70.97.120

text:
(1) All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested.
(2) All orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or summary license suspension shall be effective immediately upon notice, pending any hearing.
(3) Subject to the requirements of subsection (2) of this section, all hearings under this chapter and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter 34.05 RCW.
[ 2005 c 504 s 414.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Enforcement orders—Hearings.


title: RCW 70.97.130

text:
Operation of a facility without a license in violation of this chapter and discrimination against medicaid recipients is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an enhanced services facility without a license in violation of this chapter is not reasonable in relation to the development and preservation of business. Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2005 c 504 s 415.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Unlicensed operation—Application of consumer protection act.


title: RCW 70.97.140

text:
A person operating or maintaining a facility without a license under this chapter is guilty of a misdemeanor and each day of a continuing violation after conviction shall be considered a separate offense.
[ 2005 c 504 s 416.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Unlicensed operation—Criminal penalty.


title: RCW 70.97.150

text:
Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the state for an injunction, civil penalty, or other process against a person to restrain or prevent the operation or maintenance of a facility without a license issued under this chapter.
[ 2005 c 504 s 417.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Unlicensed operation—Injunction or other remedies.


title: RCW 70.97.160

text:
(1) The department shall make or cause to be made at least one inspection of each facility prior to licensure and an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen months.
(2) Any duly authorized officer, employee, or agent of the department may enter and inspect any facility at any time to determine that the facility is in compliance with this chapter and applicable rules, and to enforce any provision of this chapter. Complaint inspections shall be unannounced and conducted in such a manner as to ensure maximum effectiveness. No advance notice shall be given of any inspection unless authorized or required by federal law.
(3) During inspections, the facility must give the department access to areas, materials, and equipment used to provide care or support to residents, including resident and staff records, accounts, and the physical premises, including the buildings, grounds, and equipment. The department has the authority to privately interview the provider, staff, residents, and other individuals familiar with resident care and service plans.
(4) Any public employee giving advance notice of an inspection in violation of this section shall be suspended from all duties without pay for a period of not less than five nor more than fifteen days.
(5) The department shall prepare a written report describing the violations found during an inspection, and shall provide a copy of the inspection report to the facility.
(6) The facility shall develop a written plan of correction for any violations identified by the department and provide a plan of correction to the department within ten working days from the receipt of the inspection report.
(7) If a pandemic, natural disaster, or other declared state of emergency prevents the department from completing inspections according to the timeline in this section, the department shall adopt rules to reestablish inspection timelines based on the length of time since last inspection, compliance history of each facility, and immediate health or safety concerns.
(a) Rules adopted under this subsection (7) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all facility inspections are occurring according to time frames established in subsection (1) of this section, whichever is later. Once the department determines a rule adopted under this subsection (7) is no longer necessary, it must repeal the rule under RCW 34.05.353.
(b) Within 12 months of the termination of the pandemic, natural disaster, or other declared state of emergency, the department shall conduct a review of inspection compliance with subsection (1) of this section and provide the legislature with a report.
[ 2021 c 203 s 14; 2020 c 278 s 9; 2005 c 504 s 418.]
Notes:
Effective date—Retroactive application—2021 c 203: See notes following RCW 43.43.832.
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Inspections.


title: RCW 70.97.170

text:
The facility shall only admit individuals:
(1) Who are over the age of eighteen;
(2) Who meet the resident eligibility requirements described in RCW 70.97.030; and
(3) Whose needs the facility can safely and appropriately meet through qualified and trained staff, services, equipment, security, and building design.
[ 2005 c 504 s 419.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Persons eligible for admittance.


title: RCW 70.97.180

text:
If the facility does not employ a qualified professional able to furnish needed services, the facility must have a written contract with a qualified professional or agency outside the facility to furnish the needed services.
[ 2005 c 504 s 420.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Services of qualified professional.


title: RCW 70.97.190

text:
At least sixty days before the effective date of any change of ownership, or change of management of a facility, the current operating entity must provide written notification about the proposed change separately and in writing, to the department, each resident of the facility, or the resident's guardian or representative.
[ 2005 c 504 s 421.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Notice of change of ownership or management.


title: RCW 70.97.195

text:
(1) Each enhanced services facility must be responsive to incoming communications and respond within a reasonable time to phone and electronic messages.
(2) Each enhanced services facility must have a communication system, including a sufficient quantity of working telephones and other communication equipment to assure that residents have 24-hour access to communications with family, medical providers, and others, and also to allow for emergency contact to and from facility staff. The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible and usable by persons with hearing loss and other disabilities, and not require payment for local calls. An enhanced services facility is not required to provide telephones at no cost in each resident room.
[ 2021 c 159 s 15.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Communication system—Telephones and other equipment.


title: RCW 70.97.200

text:
The facility shall:
(1) Maintain adequate resident records to enable the provision of necessary behavior support, care, and services and to respond appropriately in emergency situations;
(2) Comply with all state and federal requirements related to documentation, confidentiality, and information sharing, including chapters 10.77, 70.02, 70.24, and 71.05 RCW; and
(3) Where possible, obtain signed releases of information designating the department, the facility, and the department of corrections where the person is under its supervision, as recipients of health care information.
[ 2020 c 278 s 10; 2005 c 504 s 422.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Recordkeeping—Compliance with state, federal regulations—Health care information releases.


title: RCW 70.97.205

text:
(1) The department shall require each enhanced services facility to:
(a) Create and regularly maintain a current resident roster containing the name and room number of each resident and provide a written copy immediately upon an in-person request from any long-term care ombuds;
(b) Create and regularly maintain current, accurate, and aggregated contact information for all residents, including contact information for the resident representative, if any, of each resident. The contact information for each resident must include the resident's name, room number, and, if available, telephone number and email address. The contact information for each resident representative must include the resident representative's name, relationship to the resident, phone number, and, if available, email and mailing address;
(c) Record and update the aggregated contact information required by this section, upon receipt of new or updated contact information from the resident or resident representative; and
(d) Upon the written request of any long-term care ombuds that includes reference to this section and the relevant legal functions and duties of long-term care ombuds, provide a copy of the aggregated contact information required by this section within 48 hours, or within a reasonable time if agreed to by the requesting long-term care ombuds, by electronic copy to the secure email address or facsimile number provided in the written request.
(2) In accordance with the federal older Americans act, federal regulations, and state laws that govern the state long-term care ombuds program, the department shall inform enhanced services facilities that:
(a) Any long-term care ombuds is authorized to request and obtain from enhanced services facilities the information required by this section in order to perform the functions and duties of long-term care ombuds as set forth in federal and state laws;
(b) The state long-term care ombuds program and all long-term care ombuds are considered a "health oversight agency," so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude enhanced services facilities from providing the information required by this section when requested by any long-term care ombuds, and pursuant to these laws, the federal older Americans act, federal regulations, and state laws that govern the state long-term care ombuds program, facilities are not required to seek or obtain consent from residents or resident representatives prior to providing the information required by this section in accordance with the requirements of this section;
(c) The information required by this section, when provided by an enhanced services facility to a requesting long-term care ombuds, becomes property of the state long-term care ombuds program and is subject to all state and federal laws governing the confidentiality and disclosure of the files, records, and information maintained by the state long-term care ombuds program or any local long-term care ombuds entity; and
(d) The enhanced services facility may not refuse to provide or unreasonably delay providing the resident roster, the contact information for a resident or resident representative, or the aggregated contact information required by this section, on any basis, including on the basis that the enhanced services facility must first seek or obtain consent from one or more of the residents or resident representatives.
(3) Nothing in this section shall interfere with or diminish the authority of any long-term care ombuds to access facilities, residents, and resident records as otherwise authorized by law.
(4) For the purposes of this section, "resident representative" has the same meaning as in RCW 70.129.010.
[ 2021 c 159 s 14.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Resident contact information—Department requirements and duties.


title: RCW 70.97.210

text:
(1) Standards for fire protection and the enforcement thereof, with respect to all facilities licensed under this chapter, are the responsibility of the chief of the Washington state patrol, through the director of fire protection, who must adopt recognized standards as applicable to facilities for the protection of life against the cause and spread of fire and fire hazards. If the facility to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, the director of fire protection must submit to the department a written report approving the facility with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall conduct an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen months.
(2) Inspections of facilities by local authorities must be consistent with the requirements adopted by the chief of the Washington state patrol, through the director of fire protection. Findings of a serious nature must be coordinated with the department and the chief of the Washington state patrol, through the director of fire protection, for determination of appropriate actions to ensure a safe environment for residents. The chief of the Washington state patrol, through the director of fire protection, has exclusive authority to determine appropriate corrective action under this section.
[ 2005 c 504 s 423.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Standards for fire protection.


title: RCW 70.97.220

text:
No facility providing care and behavior support for individuals placed in a facility, or agency licensing or placing residents in a facility, acting in the course of its duties, shall be civilly or criminally liable for performing its duties under this chapter, provided that such duties were performed in good faith and without gross negligence.
[ 2020 c 278 s 11; 2005 c 504 s 424.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Exemption from liability.


title: RCW 70.97.230

text:
(1) The secretary shall adopt rules to implement this chapter.
(2) Such rules shall at the minimum: (a) Promote safe treatment and necessary care of individuals residing in the facility and provide for safe and clean conditions; (b) establish licensee qualifications, licensing and enforcement, and license fees sufficient to cover the cost of licensing and enforcement.
[ 2005 c 504 s 425.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Rules for implementation of chapter.


title: RCW 70.97.235

text:
The department shall require an enhanced services facility that is subject to a stop placement order or limited stop placement order under RCW 70.97.110 to publicly post in a conspicuous place at the facility a standardized notice that the department has issued a stop placement order or limited stop placement order for the facility. The standardized notice shall be developed by the department to include the date of the stop placement order or limited stop placement order, any conditions placed upon the facility's license, contact information for the department, contact information for the administrator or provider of the facility, and a statement that anyone may contact the department or the administrator or provider for further information. The notice must remain posted until the department has terminated the stop placement order or limited stop placement order.
[ 2021 c 159 s 13.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Stop placement orders and limited stop placement orders.


title: RCW 70.97.240

text:
(1) Each enhanced services facility shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event of a disaster or emergency, including fires, earthquakes, floods, infectious disease outbreaks, loss of power or water, and other events that may require sheltering in place, evacuations, or other emergency measures to protect the health and safety of residents. The enhanced services facility must review the comprehensive disaster preparedness plan annually, update the plan as needed, and train all employees when they begin work in the enhanced services facility on the comprehensive disaster preparedness plan and related staff procedures.
(2) The department shall adopt rules governing the comprehensive disaster preparedness plan. At a minimum, the rules must address: Timely communication with the residents' emergency contacts; timely communication with state and local agencies, long-term care ombuds, and developmental disabilities ombuds; contacting and requesting emergency assistance; on-duty employees' responsibilities; meeting residents' essential needs; procedures to identify and locate residents; and procedures to provide emergency information to provide for the health and safety of residents. In addition, the rules shall establish standards for maintaining personal protective equipment and infection control capabilities, as well as department inspection procedures with respect to the plans.
[ 2021 c 159 s 16.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Disaster preparedness plan.


title: RCW 70.97.800

text:
To the extent that funds are specifically appropriated for this purpose, the department must issue a request for a proposal for enhanced services facility services by June 1, 2014, and complete the procurement process by January 1, 2015.
[ 2013 c 338 s 3.]

catchline: Request for proposal.


title: RCW 70A.01.010

text:
Chapter 20, Laws of 2020 is intended to make technical amendments to certain codified statutes that involve environmental and public health. Any statutory changes made by chapter 20, Laws of 2020 should be interpreted as technical in nature and not interpreted to have any substantive, policy implications.
[ 2020 c 20 s 101.]

catchline: Statutory changes technical in nature.


title: RCW 70A.01.020

text:
(1) A rule adopted under authority provided in a chapter that is recodified under chapter 20, Laws of 2020 remains valid and is not affected by the recodification in chapter 20, Laws of 2020.
(2) State agencies, local air authorities, local boards of health, and other local governments that have adopted rules that rely upon or otherwise reference an authority provided in a chapter that is recodified by chapter 20, Laws of 2020 are encouraged to update affected rules to reflect new statutory references compelled by the recodification by July 1, 2025.
[ 2020 c 20 s 102.]

catchline: Rules remain valid—Agencies encouraged to update rules.


title: RCW 70A.02.005

text:
(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), chapter 415, Laws of 2019 entitled "Report to the Washington state governor and legislature, Environmental Justice Task Force: Recommendations for Prioritizing EJ in Washington State Government (October 2020)."
(2) As conveyed in the task force report, Washington state studies and national studies found that people of color and low-income people continue to be disproportionately exposed to environmental harms in their communities. As a result, there is a higher risk of adverse health outcomes for those communities. This risk is amplified when overlaid on communities with preexisting social and economic barriers and environmental risks, and creates cumulative environmental health impacts, which chapter 314, Laws of 2021 seeks to prevent and mitigate.
This chapter also seeks to reduce exposure to environmental hazards within Indian country, as defined in 18 U.S.C. Sec. 1151, due to off-reservation activities within the state, and to improve state practices to reduce contamination of traditional foods wherever they occur. Exposure to such hazards can result in generational health and ecological problems, particularly on small reservations where it is impossible to move away from a hazard.
(3) Accordingly, the state has a compelling interest in preventing and addressing such environmental health disparities in the administration of ongoing and new environmental programs, including allocation of funds, and in administering these programs so as to remedy the effects of past disparate treatment of overburdened communities and vulnerable populations.
(4) The task force provided recommendations to state agencies for measurable goals and model policies to reduce environmental health inequities in Washington, equitable practices for meaningful community involvement, and how to use the environmental health disparities map to identify and promote the equitable distribution of environmental benefits to overburdened communities. In order for all communities in Washington state to be healthy and thriving, state government should aim to concentrate government actions to benefit communities that currently have the greatest environmental and health burdens.
[ 2021 c 314 s 1.]
Notes:
Conflict with federal requirements—2021 c 314: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2021 c 314 s 27.]

catchline: Purpose.


title: RCW 70A.02.010

text:
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, commerce, agriculture, and transportation, the Puget Sound partnership, and any agency that opts to assume all of the obligations of chapter 314, Laws of 2021 pursuant to RCW 70A.02.030.
(3) "Cumulative environmental health impact" means the combined, multiple environmental impacts and health impacts on a vulnerable population or overburdened community.
(4) "Environmental benefits" means activities that:
(a) Prevent or reduce existing environmental harms or associated risks that contribute significantly to cumulative environmental health impacts;
(b) Prevent or mitigate impacts to overburdened communities or vulnerable populations from, or support community response to, the impacts of environmental harm; or
(c) Meet a community need formally identified to a covered agency by an overburdened community or vulnerable population that is consistent with the intent of this chapter.
(5) "Environmental harm" means the individual or cumulative environmental health impacts and risks to communities caused by historic, current, or projected:
(a) Exposure to pollution, conventional or toxic pollutants, environmental hazards, or other contamination in the air, water, and land;
(b) Adverse environmental effects, including exposure to contamination, hazardous substances, or pollution that increase the risk of adverse environmental health outcomes or create vulnerabilities to the impacts of climate change;
(c) Loss or impairment of ecosystem functions or traditional food resources or loss of access to gather cultural resources or harvest traditional foods; or
(d) Health and economic impacts from climate change.
(6) "Environmental health disparities map" means the data and information developed pursuant to RCW 43.70.815.
(7) "Environmental impacts" means environmental benefits or environmental harms, or the combination of environmental benefits and harms, resulting or expected to result from a proposed action.
(8) "Environmental justice" means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, rules, and policies. Environmental justice includes addressing disproportionate environmental and health impacts in all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations and overburdened communities, the equitable distribution of resources and benefits, and eliminating harm.
(9) "Equitable distribution" means a fair and just, but not necessarily equal, allocation intended to mitigate disparities in benefits and burdens that are based on current conditions, including existing legacy and cumulative impacts, that are informed by cumulative environmental health impact analysis.
(10) "Evidence-based" means a process that is conducted by a systematic review of available data based on a well-established and widely used hierarchy of data in current use by other state and national programs, selected by the departments of ecology and health. The environmental justice council may provide input on the development of the process.
(11) "Overburdened community" means a geographic area where vulnerable populations face combined, multiple environmental harms and health impacts, and includes, but is not limited to, highly impacted communities as defined in RCW 19.405.020.
(12) "Significant agency action" means the following actions as identified at the beginning of a covered agency's consideration of the significant agency action or at the time when an environmental justice assessment would normally be initiated in conjunction with an agency action:
(a) The development and adoption of significant legislative rules as defined in RCW 34.05.328;
(b) The development and adoption of any new grant or loan program that a covered agency is explicitly authorized or required by statute to carry out;
(c) A capital project, grant, or loan award by a covered agency of at least $12,000,000 or a transportation project, grant, or loan by a covered agency of at least $15,000,000;
(d) The submission of agency request legislation to the office of the governor or the office of financial management for approval; and
(e) Any other agency actions deemed significant by a covered agency consistent with RCW 70A.02.060.
(13) "Tribal lands" has the same meaning as "Indian country" as provided in 18 U.S.C. Sec. 1151, and also includes sacred sites, traditional cultural properties, burial grounds, and other tribal sites protected by federal or state law.
(14)(a) "Vulnerable populations" means population groups that are more likely to be at higher risk for poor health outcomes in response to environmental harms, due to: (i) Adverse socioeconomic factors, such as unemployment, high housing and transportation costs relative to income, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that negatively affect health outcomes and increase vulnerability to the effects of environmental harms; and (ii) sensitivity factors, such as low birth weight and higher rates of hospitalization.
(b) "Vulnerable populations" includes, but is not limited to:
(i) Racial or ethnic minorities;
(ii) Low-income populations;
(iii) Populations disproportionately impacted by environmental harms; and
(iv) Populations of workers experiencing environmental harms.
[ 2021 c 314 s 2.]
Notes:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Definitions.


title: RCW 70A.02.020

text:
Covered agencies are required to comply with all provisions of this chapter. All other state agencies should strive to apply the laws of the state of Washington, and the rules and policies of the agency, in accordance with the policies of this chapter including, to the extent feasible, incorporating the principles of environmental justice assessment processes set forth in RCW 70A.02.060 into agency decisions.
[ 2021 c 314 s 3.]
Notes:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Environmental justice obligations for all agencies.


title: RCW 70A.02.030

text:
(1) Any state agency, as the term "agency" is defined in RCW 34.05.010, including the governor's office and the office of the attorney general but excluding local governmental entities, may opt in to assume all of the substantive and procedural requirements of covered agencies under chapter 70A.02 RCW at any time by notifying the council established in RCW 70A.02.110.
(2) An agency that opts in to assume all of the substantive and procedural requirements of chapter 70A.02 RCW is not subject to the deadlines or timelines established in RCW 70A.02.040, 70A.02.050, 70A.02.060, 70A.02.080, and 70A.02.110.
[ 2021 c 314 s 11.]
Notes:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Authority of other agencies to opt in to environmental justice obligations.


title: RCW 70A.02.040

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

catchline: Incorporating environmental justice into agency strategic plans.


title: RCW 70A.02.050

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

catchline: Equitable community engagement and public participation.


title: RCW 70A.02.060

text:
(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 populations when making decisions and to assist the agency with the equitable distribution of environmental benefits, the reduction of environmental harms, and the identification and reduction of environmental and health disparities.
(b) A covered agency must aspire to complete the environmental justice assessment for a significant agency action without delaying the completion of the underlying agency action.
(2)(a) Consistent with RCW 70A.02.010(12)(e), for the purpose of preparing environmental justice assessments, a covered agency may deem actions significant that are additional to the significant agency actions identified in RCW 70A.02.010(12) (a) through (d), in iterative consultation with the council and interagency work group established under RCW 70A.02.110. By July 1, 2025, each covered agency must consider their agency's activities and identify and begin applying environmental justice assessments to any actions that the agency identifies as significant that are in addition to the significant agency actions identified in RCW 70A.02.010(12) (a) through (d). Significant agency actions designated by a covered agency under this subsection must be actions that may cause environmental harm or may affect the equitable distribution of environmental benefits to an overburdened community or a vulnerable population.
(b) In the identification of significant agency actions, covered agencies shall consider guidance issued by the council established in RCW 70A.02.110. Each covered agency must periodically review and update its identified types of significant agency actions for which an environmental justice assessment is required under this section, and the relevant factors to the agency's environmental justice assessments that result from the unique mission, authorities, and priorities of the agency.
(3) By July 1, 2023, and periodically thereafter, after an opportunity for public comment on its determinations, each covered agency must:
(a) Publish on its website the types of agency actions that the agency has determined are significant agency actions that require an environmental justice assessment under this section, including any significant agency actions identified under subsection (2)(a) of this section;
(b) Provide notification of the determination of the types of significant agency actions in the Washington State Register; and
(c) Prepare an environmental justice assessment when considering a listed action, after publication of the list of any additional significant agency actions identified under (a) of this subsection.
(4) The environmental justice assessment obligation of a covered agency for a significant agency action under this section is satisfied by the completion by the covered agency of a checklist developed by the covered agency that functions akin to the environmental checklist developed by the department of ecology pursuant to chapter 43.21C RCW, and that directs the covered agency to at a minimum:
(a) Consider guidance prepared by the council under RCW 70A.02.110 relating to best practices on environmental justice assessments and when and how to use cumulative environmental health impact analysis;
(b) Where applicable, use cumulative environmental health impact analysis, such as the environmental health disparities map or other data that considers the effects of a proposed action on overburdened communities and vulnerable populations;
(c) Identify overburdened communities and vulnerable populations who are expected to be affected by the proposed action and the potential environmental and health impacts;
(d) Pursuant to the consultation process in RCW 70A.02.100, identify if the proposed action is expected to have any local or regional impacts to federally reserved tribal rights and resources including, but not limited to, those protected by treaty, executive order, or federal law;
(e) Summarize community input and describe how the covered agency can further involve overburdened communities, vulnerable populations, affected tribes, and indigenous populations in development of the proposed action; and
(f) Describe options for the agency to reduce, mitigate, or eliminate identified probable impacts on overburdened communities and vulnerable populations, or provide a justification for not reducing, mitigating, or eliminating identified probable impacts.
(5)(a) To obtain information for the purposes of assessments, a covered agency must solicit feedback from members of overburdened communities and vulnerable populations to assist in the accurate assessment of the potential impact of the action and in developing the means to reduce or eliminate the impact on overburdened communities and vulnerable populations.
(b) A covered agency may include items in the checklist required under subsection (4) of this section that are not specified in subsection (4) of this section.
(c) The completion of an environmental justice checklist under subsection (4) of this section is not required to be a comprehensive or an exhaustive examination of all potential impacts of a significant agency action and does not require a covered agency to conduct novel quantitative or economic analysis of the proposed significant agency action.
(6) Based on the environmental justice assessment, each covered agency must seek, to the extent legal and feasible and consistent with the underlying statute being implemented, to reduce or eliminate the environmental harms and maximize the environmental benefits created by the significant agency action on overburdened communities and vulnerable populations. Consistent with agency authority, mission, and statutory responsibilities, the covered agency must consider each of the following methods for reducing environmental harms or equitably distributing environmental benefits:
(a) Eliminating the disparate impact of environmental harms on overburdened communities and vulnerable populations;
(b) Reducing cumulative environmental health impacts on overburdened communities or vulnerable populations;
(c) Preventing the action from adding to the cumulative environmental health impacts on overburdened communities or vulnerable populations;
(d) Providing equitable participation and meaningful engagement of vulnerable populations and overburdened communities in the development of the significant agency action;
(e) Prioritizing equitable distribution of resources and benefits to overburdened communities;
(f) Promoting positive workforce and job outcomes for overburdened communities;
(g) Meeting community needs identified by the affected overburdened community;
(h) Modifying substantive regulatory or policy requirements; and
(i) Any other mitigation techniques, including those suggested by the council, the office of equity, or representatives of overburdened communities and vulnerable populations.
(7) If the covered agency determines it does not have the ability or authority to avoid or reduce any estimated environmental harm of the significant agency action on overburdened communities and vulnerable populations or address the distribution of environmental and health benefits, the agency must provide a clear explanation of why it has made that determination and provide notice of that explanation to members of the public who participated in the process for the significant agency action or the process for the environmental justice assessment and who provided contact information to the agency.
(8) In developing a process for conducting environmental justice assessments, each covered agency must consider any guidance developed by the council pursuant to RCW 70A.02.110.
(9) The issuance of forest practices permits under chapter 76.09 RCW or sale of timber from state lands and state forestlands as defined in RCW 79.02.010 do not require an environmental justice assessment under this section.
[ 2021 c 314 s 14.]
Notes:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Environmental justice assessment.


title: RCW 70A.02.070

text:
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 note following RCW 70A.02.005.

catchline: Obligation of a covered agency—Does not trigger chapter 43.21C RCW requirements.


title: RCW 70A.02.080

text:
(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 granting or withholding environmental benefits. Through the incorporation of environmental justice principles into its decision processes, including by conducting environmental justice assessments where required under RCW 70A.02.060, each covered agency, to the extent allowed by law and consistent with legislative appropriations, must equitably distribute funding and expenditures related to programs that address or may cause environmental harms or provide environmental benefits towards overburdened communities and vulnerable populations.
(2) Beginning on or before July 1, 2023, each covered agency must, where practicable, take the following actions when making expenditure decisions or developing budget requests to the office of financial management and the legislature for programs that address or may cause environmental harms or provide environmental benefits:
(a) Focus applicable expenditures on creating environmental benefits that are experienced by overburdened communities and vulnerable populations, including reducing or eliminating environmental harms, creating community and population resilience, and improving the quality of life of overburdened communities and vulnerable populations;
(b) Create opportunities for overburdened communities and vulnerable populations to meaningfully participate in agency expenditure decisions;
(c) Clearly articulate environmental justice goals and performance metrics to communicate the basis for agency expenditures;
(d) Consider a broad scope of grants and contracting opportunities that effectuate environmental justice principles, including:
(i) Community grants to monitor pollution;
(ii) Grants focused on building capacity and providing training for community scientists and other staff;
(iii) Making technical assistance available for communities that may be new to receiving agency grant funding; and
(iv) Education and work readiness youth programs focused on infrastructure or utility-related internships to develop career paths and leadership skills for youth; and
(e) Establish a goal of directing 40 percent of grants and expenditures that create environmental benefits to vulnerable populations and overburdened communities.
(3) A covered agency may adopt rules or guidelines for criteria and procedures applicable to incorporating environmental justice principles in expenditure decisions, granting or withholding benefits, and processes for budget development.
(4) In incorporating environmental justice principles into its decision processes for budget development, making expenditures, and granting or withholding benefits, each covered agency must consider any guidance developed by the council pursuant to RCW 70A.02.110.
(5) A covered agency may not take actions or make expenditures under this section that are inconsistent with or conflict with other statutes or with conditions or limitations on the agency's appropriations.
(6) If a covered agency, due to the breadth of its programs and funding opportunities, determines it is not practicable to take the actions listed in subsection (2) of this section for all applicable expenditure decisions and budget requests developed, the covered agency is encouraged to prioritize taking the actions listed in subsection (2) of this section for those budget requests and expenditure decisions that are primarily directed at addressing environmental impacts. By July 1, 2023, each covered agency must publish on its website the types of decision processes for budget development, making expenditures, and granting or withholding environmental benefits for which the agency will take the actions listed in subsection (2) of this section.
[ 2021 c 314 s 16.]
Notes:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Environmental justice obligations of agencies relating to budgets and funding.


title: RCW 70A.02.090

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

catchline: Reporting requirements.


title: RCW 70A.02.100

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

catchline: Tribal consultation.


title: RCW 70A.02.110

text:
(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 persons who are well-informed regarding and committed to the principles of environmental justice and who, to the greatest extent practicable, represent diversity in race, ethnicity, age, and gender, urban and rural areas, and different regions of the state. The members of the council shall elect two members to serve as cochairs for two-year terms. The council must include:
(a) Seven community representatives, including one youth representative, the nominations of which are based upon applied and demonstrated work and focus on environmental justice or a related field, such as racial or economic justice, and accountability to vulnerable populations and overburdened communities;
(i) The youth representative must be between the ages of 18 and 25 at the time of appointment;
(ii) The youth representative serves a two-year term. All other community representatives serve four-year terms, with six representatives initially being appointed to four-year terms and five being initially appointed to two-year terms, after which they will be appointed to four-year terms;
(b) Two members representing tribal communities, one from eastern Washington and one from western Washington, appointed by the governor, plus two tribal members as specified in RCW 70A.65.040. The governor shall solicit and consider nominees from each of the federally recognized tribes in Washington state. The governor shall collaborate with federally recognized tribes on the selection of tribal representatives. The tribal representatives serve four-year terms. One representative must be initially appointed for a four-year term. The other representative must be initially appointed for a two-year term, after which, that representative must be appointed for a four-year term;
(c) Two representatives who are environmental justice practitioners or academics to serve as environmental justice experts, the nominations of which are based upon applied and demonstrated work and focus on environmental justice;
(d)(i) One representative of a business that is regulated by a covered agency and whose ordinary business conditions are significantly affected by the actions of at least one other covered agency; and
(ii) One representative who is a member or officer of a union representing workers in the building and construction trades; and
(e) One representative at large, the nomination of which is based upon applied and demonstrated work and focus on environmental justice.
(3) Covered agencies shall serve as nonvoting, ex officio liaisons to the council. Each covered agency must identify an executive team level staff person to participate on behalf of the agency.
(4) Nongovernmental members of the council must be compensated and reimbursed in accordance with RCW 43.03.050, 43.03.060, and 43.03.220.
(5) The department of health must:
(a) Hire a manager who is responsible for overseeing all staffing and administrative duties in support of the council; and
(b) Provide all administrative and staff support for the council.
(6) In collaboration with the office of equity, the office of financial management, the council, and covered agencies, the department of health must:
(a) Establish standards for the collection, analysis, and reporting of disaggregated data as it pertains to tracking population level outcomes of communities;
(b) Create statewide and agency-specific process and outcome measures to show performance:
(i) Using outcome-based methodology to determine the effectiveness of agency programs and services on reducing environmental disparities; and
(ii) Taking into consideration community feedback from the council on whether the performance measures established accurately measure the effectiveness of covered agency programs and services in the communities served; and
(c) Create an online performance dashboard to publish performance measures and outcomes as referenced in RCW 70A.02.090 for the state and each covered agency.
(7) The department of health must coordinate with Washington technology solutions to address cybersecurity and data protection for all data collected by the department.
(8)(a) With input and assistance from the council, the department of health must establish an interagency work group to assist covered agencies in incorporating environmental justice into agency decision making. The work group must include staff from each covered agency directed to implement environmental justice provisions under this chapter and may include members from the council. The department of health shall provide assistance to the interagency work group by:
(i) Facilitating information sharing among covered agencies on environmental justice issues and between agencies and the council;
(ii) Developing and providing assessment tools for covered agencies to use in the development and evaluation of agency programs, services, policies, and budgets;
(iii) Providing technical assistance and compiling and creating resources for covered agencies to use; and
(iv) Training covered agency staff on effectively using data and tools for environmental justice assessments.
(b) The duties of the interagency work group include:
(i) Providing technical assistance to support agency compliance with the implementation of environmental justice into their strategic plans, environmental justice obligations for budgeting and funding criteria and decisions, environmental justice assessments, and community engagement plans;
(ii) Assisting the council in developing a suggested schedule and timeline for sequencing the types of: (A) Funding and expenditure decisions subject to rules; and (B) criteria incorporating environmental justice principles;
(iii) Identifying other policies, priorities, and projects for the council's review and guidance development;
(iv) Identifying goals and metrics that the council may use to assess agency performance in meeting the requirements of chapter 314, Laws of 2021 for purposes of communicating progress to the public, the governor, and the legislature; and
(v) Developing the guidance under subsection (9)(c) of this section in coordination with the council.
(9) The council has the following powers and duties:
(a) To provide a forum for the public to:
(i) Provide written or oral testimony on their environmental justice concerns;
(ii) Assist the council in understanding environmental justice priorities across the state in order to develop council recommendations to agencies for issues to prioritize; and
(iii) Identify which agencies to contact with their specific environmental justice concerns and questions;
(b)(i) The council shall work in an iterative fashion with the interagency work group to develop guidance for environmental justice implementation into covered agency strategic plans pursuant to RCW 70A.02.040, environmental justice assessments pursuant to RCW 70A.02.060, budgeting and funding criteria for making budgeting and funding decisions pursuant to RCW 70A.02.080, and community engagement plans pursuant to RCW 70A.02.050;
(ii) The council and interagency work group shall regularly update its guidance;
(c) In consultation with the interagency work group, the council:
(i) Shall provide guidance to covered agencies on developing environmental justice assessments pursuant to RCW 70A.02.060 for significant agency actions;
(ii) Shall make recommendations to covered agencies on which agency actions may cause environmental harm or may affect the equitable distribution of environmental benefits to an overburdened community or a vulnerable population and therefore should be considered significant agency actions that require an environmental justice assessment under RCW 70A.02.060;
(iii) Shall make recommendations to covered agencies:
(A) On the identification and prioritization of overburdened communities under this chapter; and
(B) Related to the use by covered agencies of the environmental and health disparities map in agency efforts to identify and prioritize overburdened communities;
(iv) May make recommendations to a covered agency on the timing and sequencing of a covered agencies' efforts to implement RCW 70A.02.040 through 70A.02.080; and
(v) May make recommendations to the governor and the legislature regarding ways to improve agency compliance with the requirements of this chapter;
(d) By December 1, 2023, and biennially thereafter, and with consideration of the information shared on September 1st each year in covered agencies' annual updates to the council required under RCW 70A.02.090, the council must:
(i) Evaluate the progress of each agency in applying council guidance, and update guidance as needed; and
(ii) Communicate each covered agency's progress to the public, the governor, and the legislature. This communication is not required to be a report and may take the form of a presentation or other format that communicates the progress of the state and its agencies in meeting the state's environmental justice goals in compliance with chapter 314, Laws of 2021, and summarizing the work of the council pursuant to (a) through (d) of this subsection, and subsection (11) of this section; and
(e) To fulfill the responsibilities established for the council in RCW 70A.65.040.
(10) By November 30, 2023, and in compliance with RCW 43.01.036, the council must submit a report to the governor and the appropriate committees of the house of representatives and the senate on:
(a) The council's recommendations to covered agencies on the identification of significant agency actions requiring an environmental justice assessment under subsection (9)(c)(ii) of this section;
(b) The summary of covered agency progress reports provided to the council under RCW 70A.02.090(1), including the status of agency plans for performing environmental justice assessments required by RCW 70A.02.060; and
(c) Guidance for environmental justice implementation into covered agency strategic plans, environmental justice assessments, budgeting and funding criteria, and community engagement plans under subsection (9)(c)(i) of this section.
(11) The council may:
(a) Review incorporation of environmental justice implementation plans into covered agency strategic plans pursuant to RCW 70A.02.040, environmental justice assessments pursuant to RCW 70A.02.060, budgeting and funding criteria for making budgeting and funding decisions pursuant to RCW 70A.02.080, and community engagement plans pursuant to RCW 70A.02.050;
(b) Make recommendations for amendments to this chapter or other legislation to promote and achieve the environmental justice goals of the state;
(c) Review existing laws and make recommendations for amendments that will further environmental justice;
(d) Recommend to specific agencies that they create environmental justice-focused, agency-requested legislation;
(e) Provide requested assistance to state agencies other than covered agencies that wish to incorporate environmental justice principles into agency activities; and
(f) Recommend funding strategies and allocations to build capacity in vulnerable populations and overburdened communities to address environmental justice.
(12) The role of the council is purely advisory and council decisions are not binding on an agency, individual, or organization.
(13) The department of health must convene the first meeting of the council by January 1, 2022.
(14) All council meetings are subject to the open public meetings requirements of chapter 42.30 RCW and a public comment period must be provided at every meeting of the council.
[ 2024 c 54 s 59; 2022 c 181 s 15; 2021 c 314 s 20.]
Notes:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Environmental justice council.


title: RCW 70A.02.120

text:
(1) Nothing in chapter 314, Laws of 2021 prevents state agencies that are not covered agencies from adopting environmental justice policies and processes consistent with chapter 314, Laws of 2021.
(2) The head of a covered agency may, on a case-by-case basis, exempt a significant agency action or decision process from the requirements of RCW 70A.02.060 and 70A.02.080 upon determining that:
(a) Any delay in the significant agency action poses a potentially significant threat to human health or the environment, or is likely to cause serious harm to the public interest;
(b) An assessment would delay a significant agency decision concerning the assessment, collection, or administration of any tax, tax program, debt, revenue, receipt, a regulated entity's financial filings, or insurance rate or form filing;
(c) The requirements of RCW 70A.02.060 and 70A.02.080 are in conflict with:
(i) Federal law or federal program requirements;
(ii) The requirements for eligibility of employers in this state for federal unemployment tax credits; or
(iii) Constitutional limitations or fiduciary obligations, including those applicable to the management of state lands and state forestlands as defined in RCW 79.02.010.
(3) A covered agency may not, for the purposes of implementing any of its responsibilities under this chapter, contract with an entity that employs a lobbyist registered under RCW 29B.50.010 that is lobbying on behalf of that entity.
[ 2024 c 164 s 532; 2021 c 314 s 21.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.

catchline: Legal obligations.


title: RCW 70A.02.130

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

catchline: Appeals.


title: RCW 70A.05.010

text:
(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 strategy to better enable the state to prepare for, address, and adapt to the impacts of climate change. The integrated climate change response strategy should be developed in collaboration with local government agencies and tribal governments with climate change preparation and adaptation plans to the extent feasible.
(2) The department of ecology shall serve as a central convener for the development of vital programs and necessary policies to help the state adapt to a rapidly changing climate.
(3) The department of ecology shall consult and collaborate with, at a minimum, the departments of fish and wildlife, agriculture, commerce, health, natural resources, and transportation, the state conservation commission, the Puget Sound partnership, and the emergency management division in developing and implementing an integrated climate change response strategy and plans of action to prepare for and adapt to climate change impacts. Other state agencies may choose to participate in the process.
(4) The department of ecology will engage other relevant state agencies to ensure that other climate resilience actions such as those related to worker safety and community response are incorporated in the updated strategy.
(5) In updating the integrated climate response strategy, the department of ecology shall collaborate and engage with local governments, tribal governments, nongovernmental organizations, public and private businesses, and overburdened communities as defined in RCW 70A.02.010. In developing the engagement plan for development of the strategy, the department of ecology shall announce the opportunity to participate and include, to the extent possible, organizations that express interest in participating. The department of ecology shall also use guidance from the office of equity, the environmental justice council, the community engagement plan adopted under RCW 70A.02.050, and tribal consultation framework adopted under RCW 70A.02.100 to direct agency engagement with historically or currently marginalized groups, overburdened communities, vulnerable populations, and tribal governments.
(6)(a) The department of ecology shall work with the University of Washington climate impacts group to ensure the state has access to relevant scientific and technical information about the impacts of climate change on Washington's ecology, economy, public health, and society, including a central location for accessing this information and use of any existing climate impact tools.
(b) The University of Washington climate impacts group will explore opportunities to partner with other data providers and leverage existing tools that can help further the understanding of climate impacts, such as the department of health's Washington tracking network.
(c) The University of Washington climate impacts group must examine existing best practices and new methods that could be used to measure and evaluate climate change resilience for the purpose of better understanding and tracking how investments made in climate change resilience translate into outcomes. The results of this examination must be provided to the legislature by June 1, 2024.
[ 2023 c 169 s 2; 2009 c 519 s 10. Formerly RCW 43.21M.010.]
Notes:
Findings—Intent—2023 c 169: "(1) The legislature finds that Washington is already experiencing negative community and environmental impacts due to climate change with disproportionate impacts to certain communities and populations and further finds that actions to increase climate resilience, as defined in RCW 70A.65.010, can help prevent and reduce impacts to communities and ecosystems.
(2) The legislature further finds that greater cross-agency coordination on resilience, including an updated statewide climate resilience strategy, will help the state: Avoid high costs in the future; address and reduce the highest risks and greatest vulnerabilities; create more efficiencies; better leverage funding; foster more equitable outcomes; and provide for greater accountability.
(3) The legislature further finds that RCW 70A.65.050 requires an updated statewide strategy for addressing climate risks and improving resilience of communities and ecosystems. Therefore, the legislature intends to direct the department of ecology to update and modernize the 2012 Integrated Climate Response Plan with the assistance of other state agencies.
(4) The legislature intends for the department of natural resources to continue pursuing climate resilience actions on the public lands they manage and to collaborate with other state agencies in statewide climate resilience efforts." [ 2023 c 169 s 1.]

catchline: Development of an integrated climate change response strategy.


title: RCW 70A.05.020

text:
(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 range of scenarios and time scales for the purposes of planning in order to assess vulnerability of state assets and services and inform agency actions to reduce expected risks and increase resiliency to the impacts of climate change.
(2)(a) By September 30, 2024, the department of ecology shall compile an updated climate change response strategy, including information and data from the departments of fish and wildlife, agriculture, commerce, health, natural resources, and transportation, the state conservation commission, the Puget Sound partnership, and the emergency management division that: Prioritizes solutions that can be implemented within and across state agencies; and identifies recommended funding and technical and other essential resources for implementing solutions.
(b) The strategy must include:
(i) A summary of each agency's current climate resilience priorities, plans, and actions;
(ii) Strategies and actions to address the highest climate vulnerabilities and risks to Washington's communities and ecosystems;
(iii) A lead agency or group of agencies assigned to implement actions; and
(iv) Key gaps to advancing climate resilience actions, including in state laws, policies, regulations, rules, procedures, and agency technical capacity.
(c) The strategy must be guided by the following principles:
(i) Prioritize actions that both reduce greenhouse gas emissions and build climate preparedness;
(ii) Protect the state's most overburdened communities and vulnerable populations and provide more equitable outcomes;
(iii) Prioritize actions that deploy natural solutions, restore habitat, or reduce stressors that exacerbate climate impacts. Specifically, prioritized actions must include those related to drought resilience, flood risk mitigation, forest health, urban heat islands and the impacts of the built environment on the natural environment, Puget Sound health, and mitigating expected impacts on outdoor recreation opportunities;
(iv) Prioritize actions that promote and protect human health;
(v) Consider flexible and adaptive approaches for preparing for uncertain climate impacts, where relevant; and
(vi) Address the risks in each geographic region of the state with appropriate scope, scale, and urgency.
(3) By September 30, 2024, the department of ecology, in coordination with partner agencies, shall provide recommendations to the governor's office and relevant committees of the legislature, consistent with RCW 70A.65.050, on a durable structure for coordinating and implementing the state's climate resilience strategy, including a process for prioritizing and coordinating funding for climate resilience actions across agencies.
(4) The department of ecology shall update the climate response strategy every four years and provide interim biennial work plans to the governor's office that report on implementation progress and summarize agency needs and priorities for biennial budget planning processes starting by September 30, 2025.
(5) Agencies responsible for implementing actions in the updated strategy shall provide information needed for reporting to the department of ecology by August 15th of odd-numbered years starting in 2025. Agencies may identify and include any resources needed to carry out duties under RCW 70A.05.040.
[ 2023 c 169 s 3; 2009 c 519 s 11. Formerly RCW 43.21M.020.]
Notes:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.

catchline: Requirements of strategy—Content of updated strategy—Report to the governor and the legislature.


title: RCW 70A.05.030

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

catchline: Assistance with updating strategy.


title: RCW 70A.05.040

text:
State agencies shall consider current and future climate change impacts to the extent allowed under existing statutory authority and incorporate climate resilience and adaptation actions as priority activities when planning, designing, revising, or implementing relevant agency policies and programs. Agencies shall consider: The integrated climate change response strategy when designing, planning, and funding infrastructure projects; and incorporating natural resource adaptation actions and alternative energy sources when designing and planning infrastructure projects.
[ 2023 c 169 s 5; 2009 c 519 s 13. Formerly RCW 43.21M.040.]
Notes:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.

catchline: Incorporation of current and future climate change impacts by state agencies.


title: RCW 70A.05.050

text:
(1) The department of ecology shall work with the office of financial management and other relevant state agencies and entities to facilitate coordination of a state response to federal funding opportunities related to climate resilience.
(2) In seeking to better coordinate funding for climate resilience, the department of ecology must develop an interagency work group structure and may leverage any existing forums such as the interagency, multijurisdictional system improvement team established in RCW 43.155.150.
[ 2023 c 169 s 6.]
Notes:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.

catchline: Coordinated state response to federal funding opportunities.


title: RCW 70A.05.060

text:
(1) By September 30, 2024, the department of ecology shall provide the estimated state agency costs for implementing the updated climate response strategy, including existing programs and new recommended actions, to the governor and appropriate committees of the legislature. Estimated state agency costs should be projected over two, four, and 10-year time frames.
(2) The department of ecology shall track funding appropriated by the legislature for implementing the strategy and include this information as part of reporting to the governor's office on odd-numbered years starting in 2025.
[ 2023 c 169 s 7.]
Notes:
Findings—Intent—2023 c 169: See note following RCW 70A.05.010.

catchline: Estimated state agency costs.


title: RCW 70A.05.800

text:
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.

catchline: Chapter does not authorize new or additional regulatory authority.


title: RCW 70A.05.900

text:
The legislature finds that in chapter 14, Laws of 2008, the legislature established greenhouse gas emission reduction limits for Washington state, including a reduction of overall emissions by 2020 to emission levels in 1990, a reduction by 2035 to levels twenty-five percent below 1990 levels, and by 2050 a further reduction below 1990 levels. Based upon estimated 2006 emission levels in Washington, this will require a reduction from present emission levels of over twenty-five percent in the next eleven years. The legislature further finds that state government activities are a significant source of emissions, and that state government should meet targets for reducing emissions from its buildings, vehicles, and all operations that demonstrate that these reductions are achievable, cost-effective, and will help to promote innovative energy efficiency technologies and practices.
[ 2009 c 519 s 1. Formerly RCW 43.21M.900.]

catchline: Findings—2009 c 519.


title: RCW 70A.10.010

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

catchline: Definitions.


title: RCW 70A.10.020

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

catchline: Powers and duties.


title: RCW 70A.10.030

text:
The department shall exercise its powers in such manner as to promote the continued conduct of research and development activities in the fields specified below by private or public institutions or persons and to assist in the acquisition of an expanding fund of theoretical and practical knowledge in such fields. To this end the department may conduct, and make arrangements, including contracts and agreements, for the conduct of, research and development activities relating to:
(1) The theory and development of methods of weather modification and control, including processes, materials, and devices related thereto;
(2) Utilization of weather modification and control for agricultural, industrial, commercial, and other purposes;
(3) The protection of life and property during research and operational activities.
[ 1973 c 64 s 3; 1965 c 8 s 43.37.040. Prior: 1957 c 245 s 4. Formerly RCW 43.37.040.]

catchline: Promotion of research and development activities—Contracts and agreements.


title: RCW 70A.10.040

text:
In the case of hearings pursuant to RCW 70A.10.160 the department shall, and in other cases may, cause a record of the proceedings to be taken and filed with the department, together with its findings and conclusions. For any hearing, the director of the department or a representative designated by him or her is authorized to administer oaths and affirmations, examine witnesses, and issue, in the name of the department, notice of the hearing or subpoenas requiring any person to appear and testify, or to appear and produce documents, or both, at any designated place.
[ 2020 c 20 s 1044; 2009 c 549 s 5113; 1973 c 64 s 4; 1965 c 8 s 43.37.050. Prior: 1957 c 245 s 5. Formerly RCW 43.37.050.]

catchline: Hearing procedure.


title: RCW 70A.10.050

text:
(1) The department may, subject to any limitations otherwise imposed by law, receive and accept for and in the name of the state any funds which may be offered or become available from federal grants or appropriations, private gifts, donations, or bequests, or any other source, and may expend such funds, subject to any limitations otherwise provided by law, for the encouragement of research and development by a state, public, or private agency, either by direct grant, by contract or other cooperative means.
(2) All license and permit fees paid to the department shall be deposited in the state general fund.
[ 1973 c 64 s 5; 1965 c 8 s 43.37.060. Prior: 1957 c 245 s 6. Formerly RCW 43.37.060.]

catchline: Acceptance of gifts, donations, etc.


title: RCW 70A.10.060

text:
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. Prior: 1957 c 245 s 8. Formerly RCW 43.37.080.]

catchline: License and permit required.


title: RCW 70A.10.070

text:
The department, to the extent it deems practical, shall provide by regulation for exempting from license, permit, and liability requirements, (1) research and development and experiments by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations; (2) laboratory research and experiments; (3) activities of an emergent character for protection against fire, frost, sleet, or fog; and (4) activities normally engaged in for purposes other than those of inducing, increasing, decreasing, or preventing precipitation or hail.
[ 1973 c 64 s 7; 1965 c 8 s 43.37.090. Prior: 1957 c 245 s 9. Formerly RCW 43.37.090.]

catchline: Exemptions.


title: RCW 70A.10.080

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

catchline: Licenses—Requirements, duration, renewal, fees.


title: RCW 70A.10.090

text:
The department shall issue permits in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this chapter only:
(1) If the applicant is licensed pursuant to this chapter;
(2) If a sufficient notice of intention is published and proof of publication is filed as required by RCW 70A.10.120;
(3) If the applicant furnishes proof of financial responsibility, as provided in RCW 70A.10.130, in an amount to be determined by the department but not to exceed twenty thousand dollars;
(4) If the fee for a permit is paid as required by RCW 70A.10.140;
(5) If the weather modification and control activities to be conducted under authority of the permit are determined by the department to be for the general welfare and public good;
(6) If the department has held an open public hearing in Olympia as to such issuance.
[ 2020 c 20 s 1046; 1973 c 64 s 9; 1965 c 8 s 43.37.110. Prior: 1961 c 154 s 2; 1957 c 245 s 11. Formerly RCW 43.37.110.]

catchline: Permits—Requirements—Hearing as to issuance.


title: RCW 70A.10.100

text:
A separate permit shall be issued for each operation. Prior to undertaking any weather modification and control activities the licensee shall file with the department and also cause to be published a notice of intention. The licensee, if a permit is issued, shall confine his or her activities for the permitted operation within the time and area limits set forth in the notice of intention, unless modified by the department; and his or her activities shall also conform to any conditions imposed by the department upon the issuance of the permit or to the terms of the permit as modified after issuance.
[ 2009 c 549 s 5114; 1973 c 64 s 10; 1965 c 8 s 43.37.120. Prior: 1961 c 154 s 3; 1957 c 245 s 12. Formerly RCW 43.37.120.]

catchline: Separate permit for each operation—Filing and publishing notice of intention—Activities restricted by permit and notice.