Minnesota SF4630: Certain harmful atmospheric activity prohibition

Minnesota's SF 4630 goes far beyond typical weather modification bans by establishing a felony offence with $500,000 fines, mandating an elaborate citizen reporting system with 2-hour emergency response requirements, setting specific limits on electromagnetic radiation, and asserting Tenth Amendment authority to override federal approvals for atmospheric activities. The bill uniquely requires officials to actively encourage public monitoring and grants immediate cease-and-desist powers with National Guard enforcement authority.

Remained in Environment, Climate, and Legacy committee

Our summary

Senate File 4630 in Minnesota would set strict rules for certain atmospheric activities, outline enforcement procedures, and provide a mechanism for citizens to report violations. The bill covers more ground than most weather modification bans.

The bill specifically bans the use of unmarked or unidentified aircraft, vehicles, or facilities for certain atmospheric activities, as explained below.

The bill also bans attempts to change the weather, make rain, or spray particles into the upper atmosphere if these actions could harm people or the environment.
The bill also limits the production of excessive electromagnetic radiation, as it can harm people and the environment.
Any atmospheric activity that causes pollution is also covered by the bill.

Key terms in the bill include:

Cloud seeding, which is banned under the weather modification sections, involves dispersing small particles such as silver iodide, potassium iodide, or dry ice into clouds to induce rainfall.
Stratospheric aerosol injection, which is also banned, involves injecting tiny particles into the stratosphere to cool the air by blocking sunlight, much as volcanoes can cool the Earth.
"Weather-engineering" in Section 116.901 means changing or controlling the weather.
"Xenobiotic," as used in the bill, means substances that do not naturally occur in living bodies or in the surrounding environment. This term includes manufactured chemicals or particles.
"Aircraft" in the bill also includes drones.

The bill enforces strict penalties: violations are felonies with a $500,000 fine. It establishes a Citizen Reporting System for public reporting of suspected activities to local authorities through a defined process, with various types of evidence accepted.

Photographs that are dated, time-stamped, and show where and in which direction they were taken.
Independent analysis of precipitation, audio recordings, microscopic images, spectrometry results, or meter readings can also be submitted as evidence.
Videos that show emissions being released are accepted as evidence.
Audio recordings and related measurements

The bill also sets mandatory investigation requirements:

County sheriffs must investigate credible reports and notify the Attorney General if needed.
The Commissioner and sheriffs must support and encourage public monitoring. They must also encourage the public to report possible violations.
When they receive evidence, the Commissioner or the sheriff must promptly conduct a full investigation. There should be no restrictions.
Officials must take emergency action within two hours of receiving credible reports with evidence, using calibrated meters at the reported location.
Within 24 hours, the Commissioner must tell the county sheriff about any suspected activity.

Cease-and-desist orders are also part of the bill:

If there is evidence of harmful polluting emissions, the Commissioner or sheriff must issue a cease-and-desist order right away.
These orders have the same power as court orders.
The governor can ask the Minnesota National Guard to help find and notify aircraft that are releasing emissions.
Aircraft must be told to land at the nearest airport for investigation.
The Governor can also tell the Pollution Control Agency to do environmental studies.

The bill sets exact limits on types of electromagnetic energy: Radio frequency or microwave energy cannot exceed -85 dBm (which means strong signals, as measured by specialised equipment).

For extremely low-frequency alternating current (AC) electric fields, the bill states that signals should not exceed 1 volt per 25 meters (about 82 feet). This means that if you measure the electric field over that distance, it should not exceed the stated amount.
Magnetic fields must not be stronger than one milligauss (a unit for magnetic strength) or generate radiation above 0.02 millisievert per hour (a measure used to track how much radiation people are exposed to).
The bill also addresses other possible hazards, including harmful lasers, excessive vibrations, loud noise, sonic weapons (devices that use sound to cause harm), and similar physical agents that could impact health or safety.

The bill further supports enforcement by mandating records production. Owners or operators of facilities, aircraft, or towers must provide operational records upon request. If xenobiotic agents or harmful radiation are involved, operations must stop immediately. This stoppage must be confirmed within 24 hours.

To clarify state jurisdiction, the bill addresses federal and international authority. It asserts state authority over activities approved by the federal government under the Tenth Amendment. If the federal government, foreign states, or international groups approve harmful activities, the Commissioner or the sheriff must notify them that such actions are not permitted in Minnesota. This rule applies to government agencies, universities, private and public groups, and the military.

In summary, this bill stands out for several reasons. It creates one of the most detailed citizen science and reporting programs in weather modification law. It sets specific limits on electromagnetic radiation, similar to public health rules. The bill claims state authority over federal, foreign, and international actions. It also requires emergency responses within hours. The bill covers more than just weather modification. It includes electromagnetic radiation, vibrations, and other physical agents. It is unique because officials must encourage public monitoring and, if needed, work with universities to obtain expert testimony.

Legislative history

Senate File 4630 was introduced on March 7, 2024, during Minnesota's 2024 regular legislative session, which ran from January 14 through May 19, 2024. The bill received its first reading on the same day and was immediately referred to the Senate Committee on Environment, Climate, and Legacy. The bill was initially authored by Senators Lucero, Gruenhagen, Anderson, and Wesenberg. On April 11, 2024, Senator Eichorn was stricken as an author, indicating they withdrew their sponsorship of the bill. This sometimes signals concerns about a bill's content or political strategy shifts. The bill saw no further action during the 2024 session. Importantly, Minnesota does not have carryover provisions between bienniums. Since SF 4630 was introduced during the 2023-2024 biennium and the 2024 session has adjourned, this bill is now dead. It cannot carry over to the 2025-2026 biennium. The near-identical language appearing in SF 2462 and HF 2310 in 2025 (though with much simpler provisions) suggests the sponsors recognized that SF 4630's expansive approach may have been too ambitious and opted for a more streamlined prohibition in the new biennium.

Thu 11 Apr 2024
Author stricken Eichorn
Thu 7 Mar 2024
Referred to Environment, Climate, and Legacy
Thu 7 Mar 2024
Introduction and first reading

Bill text

Show consolidated bill text

A bill for an act relating to environment; prohibiting certain
harmful atmospheric activity; providing penalties; proposing coding
for new law in Minnesota Statutes, chapter 116.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [116.901] HARMFUL ATMOSPHERIC ACTIVITY.

Subdivision 1. Definitions. In this section, the following terms have
the meanings given:

(1) "aircraft" has the meaning given in section 360.511 and includes
a drone;

(2) "cloud-seeding" means a type of weather modification that
attempts to change the amount or type of precipitation by dispersing
chemicals such as silver iodide, potassium iodide, and dry ice into
the air by means of aircraft or ground generators;

(3) "stratospheric aerosol injection" means a method of solar
radiation modification that introduces aerosols into the stratosphere
to create a cooling effect by reducing the amount of sunlight
reaching the earth, mimicking what happens naturally during a
volcanic eruption;

(4) "weather-engineering" means altering or manipulating the weather;
and

(5) "xenobiotic" means foreign to the body or to an ecological
system.

Subd. 2. Prohibition; penalty. (a) A person may not engage in a
polluting atmospheric activity or use an unmarked or unidentified
aircraft or other vehicle or facility:

(1) for weather-engineering, cloud-seeding, stratospheric aerosol
injection, or other atmospheric activity that is harmful to humans or
the environment; or

(2) to produce excessive electromagnetic radiation that is harmful to
humans or the environment.

(b) A person who violates this subdivision is guilty of a felony and
subject to a fine of $500,000.

Subd. 3. Citizen reporting; investigative requirements. (a) A person
may report an aircraft, facility, or other delivery system used for
suspected weather-engineering, cloud-seeding, or any atmospheric
experimentation involving the release of polluting emissions to the
county sheriff's office in the county in which the activity was
observed or suspected. If the county sheriff finds the reported
evidence credible, the sheriff must investigate further and may
report supporting evidence of prohibited activity to the attorney
general.

(b) The commissioner and each county sheriff must encourage the
public to monitor, measure, document, and report incidents that may
constitute cloud-seeding, stratospheric aerosol injection,
weather-engineering, or other polluting atmospheric activities. A
person with evidence of a polluting atmospheric activity may report
by email or in writing to the commissioner or the county sheriff by
submitting:

(1) evidentiary photographs, each separately titled as an electronic
or hardcopy document, specifying the date, time, and location where
taken and, if the content is from other than a measuring device, the
compass direction in which the photo was taken;

(2) independent precipitation analysis reports, audiography,
microscopy, spectrometry, metering, and other forms of evidence; or

(3) videography of activity involving a release of polluting
atmospheric emissions.

(c) If the commissioner has reason to suspect prohibited activity
based on evidence submitted under this subdivision, the commissioner
must report in writing within 24 hours all documentary and supportive
evidence to the county sheriff for enforcement. The county sheriff
may request assistance from state law enforcement to investigate
possible prohibited activity. Upon request of a county sheriff, the
commissioner must provide technical assistance and analysis of
pollutants as needed.

(d) If a report is made to the commissioner or a county sheriff under
this subdivision that alleges polluting atmospheric emissions, the
commissioner or county sheriff must investigate the source and
contents of the emissions, without limitation. If the emissions are
harmful to humans or the environment, as demonstrated by a primary
scientific source, the county sheriff must take enforcement actions
according to this section.

(e) Within two hours of receiving a report under this subdivision
with evidence, including photography, videography, audio recordings,
measurements of the agents, or other detection, that alleges an
activity specified under clause (1) or (2), the commissioner or
county sheriff must take emergency measurements of peaks and averages
over time with the appropriate calibrated meter and forensic
detection devices at the reported location:

(1) excessive electromagnetic radiation or fields in any part of the
spectrum, including without limitation microwave or maser, infrared
light or laser, or ionizing or nonionizing radiation; or

(2) intense mechanical vibration, noise, or other physical agent.

(f) When professional metering and monitoring equipment or expertise
is needed under paragraph (e) but not otherwise available to the
state or county, the commissioner or county sheriff must partner with
state universities or colleges to investigate, so as to provide
evidentiary findings that would qualify as scientific expert
testimony.

Subd. 4. Enforcement actions. (a) Except as provided in subdivisions
5 and 6, the commissioner or the sheriff in the county where reported
must immediately issue a cease-and-desist order for
weather-engineering, cloud-seeding, or any other polluting
atmospheric activity when a person produces evidence to the
commissioner or sheriff that the activity involves a harmful
polluting emission. The cease-and-desist order has the weight of a
court order and any violation is punishable under law.

(b) The governor may call upon the adjutant general of the Minnesota
National Guard to identify and notify any aircraft or facility
releasing aerosol emissions, electromagnetic radiation, or other
pollutants into the atmosphere that they must cease and desist. Any
aircraft must be ordered to land at the nearest available airport to
be investigated for prohibited activity. The governor may call upon
state law enforcement to investigate instances that may be in
violation of this section.

(c) The governor may call upon the Pollution Control Agency for
environmental studies to investigate if and what chemicals may have
been dispersed in violation of this section.

Subd. 5. Enforcement; xenobiotic agents and radiation. When
information is received that alleges weather-engineering or other
atmospheric experimentation that involves releasing xenobiotic agents
or producing electromagnetic radiation at harmful levels, the
commissioner or the sheriff in the county where reported must:

(1) immediately require the owner or operator of the facility,
aircraft, or other vehicle releasing or producing the specific agent
to produce records of the operations of any site where xenobiotic
agents or radiation have been detected and to convey the records to
the commissioner or sheriff;

(2) immediately order the owner or operator to cease operations of
the facility, aircraft, or other vehicle; and

(3) within 24 hours, verify that the owner or operator has stopped
all operations that release xenobiotic agents or produce
electromagnetic radiation.

Subd. 6. Enforcement; electromagnetic disturbances. (a) The commissioner or sheriff must immediately require the owner or operator of each tower, antenna, other facility or infrastructure to produce records of the extant operations at sites where excessive xenobiotic electromagnetism and fields, mechanical vibration, or other physical agents are, or have been detected, specifically:

(1) radio frequency or microwave radiation, including maser, of signal strength metered at the reported, publicly accessible location in excess of negative 85 dBm for any frequency or channel band specified by a transmitting entity's FCC transmission license;

(2) extreme-low-frequency alternating current electric fields in excess of 1 volt per 25 meters;

(3) magnetic fields in excess of one milligauss;

(4) ionizing radiation in excess of 0.02 millisievert per hour;

(5) laser or other light with harmful effects; or

(6) any vibration, noise, laser, sonic weapon, or other physical agent exceeding building or biology guidelines.

(b) The owner or operator must convey the records to the commissioner or sheriff within 24 hours.

(1) immediately order a cessation of operations of all antennas and other deployments of energy or vibration emitted from the measured structure or facility;

(2) within 24 hours, verify that the owner or operator has stopped all operations of antennas and other deployments of energy or vibration; and

(3) refer suspected criminal activity to the attorney general for prosecution.

Subd. 7. Enforcement; federal activity. When an activity that the commissioner or any sheriff has deemed harmful according to this section has been approved, explicitly or implicitly, by the federal government, a foreign state, or an international body, the commissioner or the sheriff must issue a notice to the appropriate federal agency, foreign state, or international body that the harmful activity cannot lawfully be carried out within or over the state, pursuant to the Tenth Amendment of the United States Constitution. Government agencies or projects, universities, public or private entities, and armed forces operating within or above the state must comply with this section.