Weather modification

AN ACT Relating to restricting weather modification activities; 1
amending RCW 43.27A.190 and 70A.15.1010; adding new sections to 2
chapter 70A.10 RCW; repealing RCW 43.21C.210, 70A.10.010, 70A.10.020, 3
70A.10.030, 70A.10.040, 70A.10.050, 70A.10.060, 70A.10.070, 4
70A.10.080, 70A.10.090, 70A.10.100, 70A.10.110, 70A.10.120, 5
70A.10.130, 70A.10.140, 70A.10.150, 70A.10.160, 70A.10.170, 6
70A.10.180, 70A.10.190, 70A.10.200, 70A.10.210, and 70A.10.900; and 7
prescribing penalties. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
NEW SECTION. Sec. 1. A new section is added to chapter 70A.10 10
RCW to read as follows: 11
The definitions in this section apply throughout this chapter 12
unless the context clearly requires otherwise. 13
(1) "Aircraft" means a powered or unpowered machine or device 14
capable of atmospheric flight, except a parachute or other such 15
device used primarily as safety equipment. 16
(2) "Department" means the department of ecology.17
(3) "Person" includes, but is not limited to, government 18
agencies, private corporations, nonprofits, limited liability 19
companies, investment equity firms, or any other man-made 20
organization. 21
H-2661.1
HOUSE BILL 2222
State of Washington 69th Legislature 2026 Regular Session
By Representative Chase
Prefiled 12/31/25. Read first time 01/12/26. Referred to Committee
on Environment & Energy.
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(4) "Public infrastructure" means any airport as defined in RCW 1
47.68.020. 2
NEW SECTION. Sec. 2. A new section is added to chapter 70A.10 3
RCW to read as follows: 4
(1) The injection, release, or dispersion, by any means, of a 5
chemical, chemical compound, substance, or apparatus into the 6
atmosphere within the borders of this state, or in a location 7
determined by the department to have an effect on atmospheric or 8
hydrological systems in Washington, for the express purpose of 9
affecting the temperature, weather, climate, or intensity of sunlight 10
is prohibited. The activities prohibited under this subsection 11
include: 12
(a) Atmospheric manipulation, including any individuals or 13
entities applying stratospheric aerosol injections, or causing any 14
type of atmospheric interruptions in the mesosphere, troposphere, 15
stratosphere, or ionosphere, resulting in manipulation effects on the 16
weather environment or impacting human health and well-being; and17
(b) Weather modification programs including, but not limited to:18
(i) Cloud seeding or chemtrail events; 19
(ii) Any weather modification activities caused by stratospheric 20
aerosol injections, regardless of the method or instrument used, such 21
as aircraft, weather balloons, drones, satellites, or land-based 22
apparatuses including, radar, 5G, 6G, RF waves of any kind, lasers, 23
or any other equipment not identified for the sole purpose of weather 24
modification or manipulation; and 25
(iii) All forms of dispersing, dispersions, and energizing of 26
nano particulates over any portion of the population within the state 27
of Washington, including within its boundaries and borders.28
(2)(a)(i) Except as provided in (b) and (c) of this subsection, 29
any person, including any public or private corporation, who conducts 30
a geoengineering or weather modification activity in violation of 31
this section commits a class C felony, punishable by a term of 32
confinement as provided in RCW 9A.20.021 and by a fine not exceeding 33
$1,000,000. 34
(ii) A person previously sanctioned under this section who 35
conducts a geoengineering or weather modification activity in 36
violation of this section commits a class B felony, punishable by a 37
term of confinement as provided in RCW 9A.20.021 and by a fine not 38
exceeding $1,000,000. 39
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(b)(i) In the case of a violation by a corporation, or the 1
officers, directors, or employees of the corporation, commits a class 2
C felony, punishable by a term of confinement as provided in RCW 3
9A.20.021 and by a fine not exceeding $1,000,000. 4
(ii) A corporation, or the officer, director, or employee of a 5
corporation, previously sanctioned under this section who conducts a 6
geoengineering or weather modification activity in violation of this 7
section commits a class B felony, punishable by a term of confinement 8
as provided in RCW 9A.20.021 and by a fine not exceeding $1,000,000.9
(c)(i) In the case of a violation by an aircraft operator or 10
controller, the person commits a class C felony, punishable by a term 11
of confinement as provided in RCW 9A.20.021 and by a fine not 12
exceeding $5,000 and up to five years in prison. 13
(ii) In the case of a violation by an aircraft operator or 14
controller previously sanctioned under this section, the person 15
commits a class B felony, punishable by a term of confinement as 16
provided in RCW 9A.20.021 and by a fine not exceeding $5,000 and up 17
to 10 years in prison. 18
(d) Each violation under this section constitutes a separate 19
offense. 20
(3) All penalties collected under this section must be deposited 21
in the air pollution control account created in RCW 70A.15.1010.22
(4)(a) Any person who observes a geoengineering or weather 23
modification activity conducted in violation of this section may 24
report the observed violation to the department online or by 25
telephone, mail, or email. The department must establish an email 26
address and an online form for persons to report observed violations 27
under this subsection. The department must make the email address and 28
online form publicly accessible on its website. 29
(b) The department must establish a method for intake and 30
screening of the reports made under this subsection. The department 31
must investigate any report that warrants further review to determine 32
whether there are violations of this section. 33
(c) The department must refer reports of observed violations made 34
under this subsection to the department of health or the emergency 35
management division of the state military department, if appropriate.36
(d) The department may adopt rules as necessary to implement this 37
subsection. 38
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NEW SECTION. Sec. 3. A new section is added to chapter 70A.10 1
RCW to read as follows: 2
(1) Any person may commence a civil action against any person or 3
corporation who is alleged to have violated or to be in violation of 4
this chapter. 5
(2) Any person may commence a civil action to compel the 6
department to investigate a person or corporation's compliance with 7
this chapter, to enforce compliance with this chapter, or to apply 8
the prohibitions set forth in this chapter to any person or 9
corporation operating within this state. 10
(3) Any person may commence a civil action against the department 11
where there is an alleged failure of the department to perform any 12
act or duty under this chapter that is not discretionary with the 13
department. 14
(4) No action may be commenced: 15
(a) Prior to 60 days after the plaintiff has given notice of the 16
alleged violation to the department and to any alleged violator; or17
(b) If the department has commenced an enforcement action under 18
section 2 of this act to require compliance. 19
(5)(a) Any action respecting a violation of this chapter may be 20
brought in any judicial district in which the person engages in 21
commerce. 22
(b) In such an action under this section, the department, if not 23
a party, may intervene as a matter of right. 24
(6) The court, in issuing any final order in any action brought 25
pursuant to this section, may award costs of litigation, including 26
reasonable attorneys' and expert witness fees, to any prevailing 27
party, wherever the court determines such an award is appropriate.28
(7) A civil action to enforce compliance with a law, rule, or 29
order may not be brought under this section if any other statute, or 30
the common law, provides authority for the plaintiff to bring a civil 31
action and, in such an action, obtain the same relief, as authorized 32
under this section, for enforcement of such a law, rule, or order. 33
Nothing in this section restricts any right that any person, or class 34
of persons, may have under any statute or common law to seek any 35
relief, including relief against the state or a state agency.36
NEW SECTION. Sec. 4. A new section is added to chapter 70A.10 37
RCW to read as follows: 38
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(1) Beginning October 1, 2026, all operators of public 1
infrastructure must report monthly to the department of 2
transportation, using a method determined by the department of 3
transportation: 4
(a) The physical presence of any aircraft on public property, 5
including any public infrastructure, equipped with any part, 6
component, device, or the like which may be used to support the 7
intentional emission, injection, release, or dispersion of air 8
contaminants into the atmosphere within the borders of this state 9
when such emissions occur for the express purpose of affecting 10
temperature, weather, climate, or the intensity of sunlight; and11
(b) The landing, takeoff, stopover, or refueling of an aircraft 12
equipped with the components outlined in (a) of this subsection, on 13
the physical location of the public infrastructure.14
(2) The department of transportation is prohibited from expending 15
any state funds to support a project or program located on or in 16
support of public infrastructure which is not in compliance with the 17
requirements of this section until such time as the entity comes into 18
compliance with this section. 19
(3) Upon the receipt of reports required under subsection (1) of 20
this section, the department of transportation must submit aggregated 21
reports to the department and the applicable state law enforcement 22
agency in support of the enforcement of section 3 of this act.23
(4) The department of transportation must incorporate reporting 24
guidelines in all grant agreements for public use airports which 25
receive state funds. 26
(5) The department of transportation may adopt rules necessary to 27
implement this section. 28
Sec. 5. RCW 43.27A.190 and 2020 c 20 s 1043 are each amended to 29
read as follows: 30
Notwithstanding and in addition to any other powers granted to 31
the department of ecology, whenever it appears to the department that 32
a person is violating or is about to violate any of the provisions of 33
the following: 34
(1) Chapter 90.03 RCW; or 35
(2) Chapter 90.44 RCW; or 36
(3) Chapter 86.16 RCW; or 37
(4) ((Chapter 70A.10 RCW; or38
(5))) Chapter 43.27A RCW; or 39
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(((6))) (5) Any other law relating to water resources 1
administered by the department; or 2
(((7))) (6) A rule or regulation adopted, or a directive or order 3
issued by the department relating to subsections (1) through (((6))) 4
(5) of this section; the department may cause a written regulatory 5
order to be served upon said person either personally, or by 6
registered or certified mail delivered to addressee only with return 7
receipt requested and acknowledged by him or her. The order shall 8
specify the provision of the statute, rule, regulation, directive or 9
order alleged to be or about to be violated, and the facts upon which 10
the conclusion of violating or potential violation is based, and 11
shall order the act constituting the violation or the potential 12
violation to cease and desist or, in appropriate cases, shall order 13
necessary corrective action to be taken with regard to such acts 14
within a specific and reasonable time. The regulation of a headgate 15
or controlling works as provided in RCW 90.03.070, by a watermaster, 16
stream patrol officer, or other person so authorized by the 17
department shall constitute a regulatory order within the meaning of 18
this section. A regulatory order issued hereunder shall become 19
effective immediately upon receipt by the person to whom the order is 20
directed, except for regulations under RCW 90.03.070 which shall 21
become effective when a written notice is attached as provided 22
therein. Any person aggrieved by such order may appeal the order 23
pursuant to RCW 43.21B.310. 24
Sec. 6. RCW 70A.15.1010 and 2022 c 179 s 16 are each amended to 25
read as follows: 26
(1) The air pollution control account is established in the state 27
treasury. All receipts collected by or on behalf of the department 28
from RCW 70A.15.2200(2), and receipts from nonpermit program sources 29
under RCW 70A.15.2210(1) and 70A.15.2230(7), and all receipts from 30
RCW 70A.15.5090, 70A.15.5120, section 2 of this act, and 70A.540.120 31
shall be deposited into the account. Moneys in the account may be 32
spent only after appropriation. Expenditures from the account may be 33
used only to develop and implement the provisions of this chapter, 34
chapters 70A.25 and 70A.540 RCW, and RCW 70A.60.060. Moneys collected 35
under RCW 70A.540.120 may only be used to implement chapter 70A.540 36
RCW. 37
(2) The amounts collected and allocated in accordance with this 38
section shall be expended upon appropriation except as otherwise 39
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provided in this section and in accordance with the following 1
limitations: 2
Portions of moneys received by the department of ecology from the 3
air pollution control account shall be distributed by the department 4
to local authorities based on: 5
(a) The level and extent of air quality problems within such 6
authority's jurisdiction; 7
(b) The costs associated with implementing air pollution 8
regulatory programs by such authority; and 9
(c) The amount of funding available to such authority from other 10
sources, whether state, federal, or local, that could be used to 11
implement such programs. 12
(3) The air operating permit account is created in the custody of 13
the state treasurer. All receipts collected by or on behalf of the 14
department from permit program sources under RCW 70A.15.2210(1), 15
70A.15.2260, 70A.15.2270, and 70A.15.2230(7) shall be deposited into 16
the account. Expenditures from the account may be used only for the 17
activities described in RCW 70A.15.2210(1), 70A.15.2260, 70A.15.2270, 18
and 70A.15.2230(7). Moneys in the account may be spent only after 19
appropriation. 20
NEW SECTION. Sec. 7. The following acts or parts of acts are 21
each repealed:22
(1) RCW 43.21C.210 (Certain actions during state of emergency 23
exempt from chapter) and 2020 c 20 s 1041 & 1981 c 278 s 4;24
(2) RCW 70A.10.010 (Definitions) and 1973 c 64 s 1 & 1965 c 8 s 25
43.37.010; 26
(3) RCW 70A.10.020 (Powers and duties) and 1973 c 64 s 2 & 1965 c 27
8 s 43.37.030; 28
(4) RCW 70A.10.030 (Promotion of research and development 29
activities— Contracts and agreements) and 1973 c 64 s 3 & 1965 c 8 s 30
43.37.040; 31
(5) RCW 70A.10.040 (Hearing procedure) and 2020 c 20 s 1044, 2009 32
c 549 s 5113, 1973 c 64 s 4, & 1965 c 8 s 43.37.050;33
(6) RCW 70A.10.050 (Acceptance of gifts, donations, etc) and 1973 34
c 64 s 5 & 1965 c 8 s 43.37.060; 35
(7) RCW 70A.10.060 (License and permit required) and 2020 c 20 s 36
1045, 1973 c 64 s 6, & 1965 c 8 s 43.37.080; 37
(8) RCW 70A.10.070 (Exemptions) and 1973 c 64 s 7 & 1965 c 8 s 38
43.37.090; 39
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(9) RCW 70A.10.080 (Licenses— Requirements, duration, renewal, 1
fees) and 1973 c 64 s 8 & 1965 c 8 s 43.37.100; 2
(10) RCW 70A.10.090 (Permits— Requirements— Hearing as to 3
issuance) and 2020 c 20 s 1046, 1973 c 64 s 9, & 1965 c 8 s 4
43.37.110; 5
(11) RCW 70A.10.100 (Separate permit for each operation — Filing 6
and publishing notice of intention — Activities restricted by permit 7
and notice) and 2009 c 549 s 5114, 1973 c 64 s 10, & 1965 c 8 s 8
43.37.120; 9
(12) RCW 70A.10.110 (Notice of intention— Contents) and 1965 c 8 s 10
43.37.130; 11
(13) RCW 70A.10.120 (Notice of intention — Publication) and 2020 c 12
20 s 1047, 1973 c 64 s 11, & 1965 c 8 s 43.37.140;13
(14) RCW 70A.10.130 (Financial responsibility) and 2009 c 549 s 14
5115, 1973 c 64 s 12, & 1965 c 8 s 43.37.150; 15
(15) RCW 70A.10.140 (Fees— Sanctions for failure to pay) and 2009 16
c 549 s 5116, 1973 c 64 s 13, & 1965 c 8 s 43.37.160;17
(16) RCW 70A.10.150 (Records and reports — Open to public 18
examination) and 2020 c 20 s 1048, 2009 c 549 s 5117, 1973 c 64 s 14, 19
& 1965 c 8 s 43.37.170; 20
(17) RCW 70A.10.160 (Revocation, suspension, modification of 21
license or permit) and 1973 c 64 s 15 & 1965 c 8 s 43.37.180;22
(18) RCW 70A.10.170 (Liability of state denied — Legal rights of 23
private persons not affected) and 1973 c 64 s 16 & 1965 c 8 s 24
43.37.190; 25
(19) RCW 70A.10.180 (Penalty) and 1965 c 8 s 43.37.200;26
(20) RCW 70A.10.190 (Legislative declaration) and 1981 c 278 s 1;27
(21) RCW 70A.10.200 (Program of emergency cloud seeding 28
authorized) and 1981 c 278 s 2; 29
(22) RCW 70A.10.210 (Exemption of licensee from certain 30
requirements) and 2020 c 20 s 1049 & 1981 c 278 s 3; and31
(23) RCW 70A.10.900 (Effective date — 1973 c 64) and 1973 c 64 s 32
18. 33
NEW SECTION. Sec. 8. If any provision of this act or its 34
application to any person or circumstance is held invalid, the 35
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remainder of the act or the application of the provision to other 1
persons or circumstances is not affected. 2
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