(1) The department's duties under chapter 322, Laws of 2003 are subject to authorization of the state program from the federal government within two years of July 27, 2003. Chapter 322, Laws of 2003 expires if the federal environmental protection agency does not authorize a state program within two years of July 27, 2003.

(2) The department's duties under chapter 322, Laws of 2003, as amended, are subject to the availability of sufficient funding from the federal government for this purpose. The director or his or her designee shall seek funding of the department's efforts under this chapter from the federal government. By October 15th of each year, the director shall determine if sufficient federal funding has been provided or guaranteed by the federal government. If the director determines sufficient funding has not been provided, the department shall:

(a) Cease efforts under this chapter due to the lack of federal funding; and

(b) Inform the code reviser that it has ceased its efforts due to the lack of federal funding.

Reviser's note: The federal environmental protection agency authorized Washington's program which was established June 10, 2004.