SB 1279 — weather modification; license; rules.

REFERENCEFifty-seventh TITLE:Legislature Natural Resources Second Regular Session S.B.

weather1279 modification;PROPOSED SENATE AMENDMENTS TO S.B.

license;1279 (Reference to printed bill) Amendment instruction key:

rules.[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.

State[Green ofunderlining Arizonain Senatebrackets] Fifty-seventhindicates Legislaturetext Secondadded Regularto Sessionnew SBsession 1279law Introducedor bytext Senatorrestoring Farnsworthexisting ANlaw. ACT AMENDING SECTIONS 45-117, 45-1601, 45-1602 AND 45-1603, ARIZONA REVISED STATUTES;

AMENDING[GREEN TITLESTRIKEOUT 45,IN CHAPTERBRACKETS] 9,indicates ARTICLEnew 1,text ARIZONAremoved REVISEDfrom STATUTES,statute BYor ADDINGpreviously SECTIONSenacted 45-1603.01,session 45-1603.02law. AND 45-1603.03;

AMENDING[Green SECTIONstrikeout 45-1604,in ARIZONAbrackets] REVISEDindicates STATUTES;text removed from existing statute, previously enacted session law or new session law.

REPEALING<<Green SECTIONcarets>> 45-1605,indicate ARIZONAa REVISEDsection STATUTES;added to the bill.

AMENDING<<Green SECTIONSstrikeout 45-1606in ANDcarets>> 45-1607,indicates ARIZONAa REVISEDsection STATUTES;removed from the bill.

AMENDINGThe TITLEbill 45,as CHAPTERproposed 9,to ARTICLEbe 1,amended ARIZONAis REVISEDreprinted STATUTES,as BYfollows: ADDING SECTION 45-1608;

AMENDING TITLE 49, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 49-119;

RELATING TO WEATHER MODIFICATION.

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - SB 1279 Be it enacted by the Legislature of the State of Arizona:

On notice from the director, the state treasurer shall invest and divest the monies in the fundSenate asAmendments provided by section 35-313 and monies earned from investment shall be credited to theS.B. fund.

1279 fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.

- 1 - SB 1279 Sec.

2.-2- Senate Amendments to S.B.

1279 2.

ON RECEIPT OF THE NOTICE FROM THE DEPARTMENT OF ENVIRONMENTAL QUALITY PURSUANT TO SECTION 49-119, THE DEPARTMENT[DEPARTMENT] [DIRECTOR] OF THE DEPARTMENT OF WATER RESOURCES SHALL PROVIDE WRITTEN NOTICE OF THE PROPOSED OPERATION TO THE GENERAL PUBLIC THAT RESIDES OR OWNS PROPERTY IN THE PROPOSED OPERATION AREA AND ACCEPT PUBLIC COMMENT ON THE PROPOSED OPERATION.

THE DIRECTOR MAY CONDITION A WEATHER MODIFICATION LICENSE ON THE APPLICANT AGREEING IN WRITING TO MODIFY THE WEATHER MODIFICATION OPERATION - 2 - SB 1279 CONSISTENT WITH THE REQUIREMENTS OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY.

4.-3- Senate Amendments to S.B.

1279 4.

- 3 - SB 1279 (d) THE TYPE OF WEATHER MODIFICATION PROPOSED, INCLUDING WHETHER THE OPERATION WILL AUGMENT PRECIPITATION, PERFORM HAIL SUPPRESSION OR DISPERSE FOG.

(f) THE NAMES AND QUANTITY OF EACH CHEMICAL, COMPOUND AND SUBSTANCE THAT THE LICENSEE WILL RELEASE AND THAT THE DEPARTMENT OF ENVIRONMENTAL QUALITY HAS APPROVED [, OR IS IN THE PROCESS OF APPROVING,] THE QUANTITY AND CHEMICAL, COMPOUND OR SUBSTANCE FOR THE PROPOSED USE PURSUANT TO SECTION 49-119.

THE PROJECTED WEATHER FORECAST OR WEATHER PATTERN FOR THE OPERATION PERIOD AND THE [INFORMATION] SOURCE OF THE PROJECTED FORECAST OR PATTERN.

ANY LICENSE RENEWAL THAT IS APPROVED BEFORE THE EXPIRATION DATE OF THE ORIGINAL LICENSE OR A RENEWED LICENSE REMAINS-4- INSenate EFFECTAmendments FROMto THES.B. ORIGINAL DATE OF ISSUANCE TO THE END OF THE RENEWAL PERIOD.

1279 REMAINS IN EFFECT FROM THE ORIGINAL DATE OF ISSUANCE TO THE END OF THE RENEWAL PERIOD.

- 4 - SB 1279 E.

7.-5- Senate Amendments to S.B.

1279 7.

- 5 - SB 1279 Sec.

[EXCEPT FOR THE INITIAL APPLICATION YEAR IN WHICH THE DIRECTOR ISSUES A NOTICE TO THE PUBLIC,] BEFORE THE START OF EACH ANNUAL SEASON THAT A LICENSEE PLANS TO CONDUCT A WEATHER MODIFICATION OPERATION, EACH LICENSEE SHALL ISSUE A NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AFFECTED AREA THAT CONTAINS ALL OF THE FOLLOWING:

Sec.-6- Senate Amendments to S.B.

1279 Sec.

Exception Nothing in This article shall be construed to DOES NOT prohibit the use and operation of equipment and supplies designed for the purpose of weather control or cloud modification THAT ARE owned by the owner, lessee - 6 - SB 1279 or licensee of real property AND THAT ARE used for agricultural purposes on the property for his exclusive benefit.

ANY RESIDENT OF THIS STATE MAY SUBMIT A PETITION TO THE ATTORNEY[ATTORNEY GENERALGENERAL] [DIRECTOR] ALLEGING A VIOLATION OF[OF] [PURSUANT TO] THIS SECTION.

THE ATTORNEY[ATTORNEY GENERALGENERAL] [DIRECTOR] SHALL INVESTIGATE[INVESTIGATE] [REVIEW] ALL PETITIONS.PETITIONS[.] [AND MAY INVESTIGATE ANY PETITION THAT THE DIRECTOR REASONABLY BELIEVES MAY VIOLATE THIS ARTICLE.

IF THE ATTORNEYDIRECTOR GENERALDETERMINES SHALLTHAT FILEA ANYPERSON COMPLAINTSHAS PURSUANTVIOLATED TO THIS SECTIONARTICLE, IN THE SUPERIORDIRECTOR COURT.MAY DO ANY COMBINATION OF THE FOLLOWING:

C.1.

INISSUE ADDITIONA TOCEASE-AND-DESIST ANYORDER. OTHER APPLICABLE PENALTIES, THE COURT SHALL AWARD THE PREVAILING PARTY INJUNCTIVE RELIEF, REASONABLE ATTORNEY FEES AND ANY OTHER RELIEF THE COURT FINDS NECESSARY.