GeoLawWatch: Tracking Weather & Climate Legislation

PREFILED��� JAN 08 2025

An Act

amending section 45-117, Arizona Revised Statutes; repealing title 45, chapter 9, Arizona Revised Statutes; amending title 49, chapter 1, article 1, Arizona Revised Statutes, by adding section 49-119; relating to climate modification.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-117, Arizona Revised Statutes, is amended to read:

START_STATUTE45-117. Water resources fund; purpose; monies held in trust

A. The water resources fund is established to be maintained in perpetuity consisting of:

1. Except as provided in section 45-113, subsection F, monies received pursuant to sections 45-113, 45-115, 45-116, 45-183, 45-273, 45-292, 45-411.01, 45-467, 45-476.01, 45-595, 45-612, 45-703, 45-871.01, 45-874.01, 45-1021, 45-1041,  and 45-1205, 45-1603 and 45-1605.

2. Monies appropriated by the legislature to the water resources fund.

3. Gifts, grants and donations to the fund from any public or private source.

4. Interest and other income received from investing monies in the fund.

B. Monies in the fund are subject to legislative appropriation.� Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. Monies in the fund shall be used exclusively by the department of water resources to carry out the purposes of this title and shall not be appropriated for any other purpose.

D. The director shall administer the fund.� On notice from the director, the state treasurer shall invest and divest the monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.

E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water resources fund shall be held in trust.� The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state.� This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43. END_STATUTE

Sec. 2. Repeal

Title 45, chapter 9, Arizona Revised Statutes, is repealed.

Sec. 3. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-119, to read:

START_STATUTE49-119. Geoengineering; prohibition; public reporting; notice; violation; classification; civil penalties; definitions

A. Notwithstanding any other law, a person may not engage in geoengineering.� The director shall investigate any credible reports of geoengineering in this state.

B. This section applies to each person in this state, including all of the following:

1. A Government agency.

2. A Research project.

3. A University.

4. A Public or private organization.

5. A Military force.

C. The director shall actively encourage the public to monitor, document and report any instances of geoengineering in this state. The director may post notice in any newspaper of general circulation encouraging the public to collect evidence of geoengineering and report any information gathered to the director.

D. Any person who gathers evidence of geoengineering in this state shall submit the evidence, including the location of the evidence gathered, by email or in writing to the director, any peace officer or any public official.

E. Any peace officer or public official who receives evidence as prescribed by this section and has reasonable grounds to suspect a violation of this section shall forward the evidence within TWENTY-FOUR hours after receipt to the director.

F. Within two hours of the director's receipt of credible reports of geoengineering, the director shall conduct emergency measures to determine whether geoengineering has occurred at the location indicated by the evidence. If the director determines a person has violated this section, regardless of approval of the federal government, the director shall immediately issue a formal notice to the person stating that geoengineering is prohibited in this state and issue an order requiring the person to cease all geoengineering activities.� A person that receives an order shall cease any activity noted by the director as geoengineering until the person demonstrates that the activity is consistent with the laws of this state.

G. The director shall investigate any credible reports of excessive electromagnetic radiation or fields caused by human activity in any part of the spectrum, including radiofrequency, microwave, maser, infrared, laser and ionizing radiation, to ensure that there has not been a violation of this section or the rules adopted pursuant to this section.

H. The director shall post any notice that is issued pursuant to this section on the department's website.

I. Any person found to engage in geoengineering in violation of this section shall be guilty of a class 4 felony and liable for a civil penalty of not less than $500,000 per violation. Each day that a person engages in geoengineering is a separate violation.

J. For the purposes of this section:

1. "aerosol injection" means the release of reflective sulfate or other aerosol particles in the stratosphere by high altitude planes, tethered ballons, high-altitude blimps, artillery or other means.

2. "atmospheric polluting activity" means any deliberate release of any type of aerosol, biological agent, nonbiological agent, chaff, genetically modified agent, metal, radioactive material, vapor, electromagnetic radiation or field, mechanical vibration, particle of any size or any air pollutant that is regulated by this state or any combination thereof that may have harmful consequences on human health, the environment or agriculture.

3. "chaff" means aluminum-coated silica glass fibers, typically dispersed in bundles that contain millions of inhalable fibers that break apart and fall to the ground.

4. "cloud seeding" means a type of weather modification that involves the deliberate introduction of various substances into a cloud to induce or increase precipitation.

5. "geoengineering" means the intentional manipulation of the environment through atmospheric polluting activities to effect change on the earth's atmosphere or surface, including all of the following:

(a) Weather modification.

(b) Aerosol injection.

(c) Cloud seeding.

(d) Solar radiation modification.

6. "maser" means a device that uses the simulated emission of radiation by excited atoms to amplify or generate radiation in the microwave range.

7. "release":

(a) Means any activity that results in the issuance of any type of aerosol, biological agent, nonbiological agent, chaff, genetically modified agent, metal, radioactive material, vapor, electromagnetic radiation or field, mechanical vibration, particle of any size or any air pollutant regulated by this state or any combination thereof.

(b) includes the emissions, transmission, discharge or injection of any nuclear biological, chemical or physical agent into the ambient atmosphere.

8. "solar radiation modification" means any attempt to reduce global temperatures by reflecting more sunlight into space or allowing more infrared radiation from earth to escape than would naturally occur.

9. "weather modification" means the attempt to or the changing, controlling or interfering with the natural development of cloud forms, precipitation, barometric pressure, temperature, conductivity or other electromagnetic or sonic characteristic of the atmosphere. END_STATUTE

Sec. 4. Legislative findings

A. The legislature finds that:

1. Atmospheric polluting activities involving the intentional release of polluting emissions, including weather modification, stratospheric aerosol injection, solar radiation modification and other forms of geoengineering:

2. Endanger human health and safety and the environment.

3. Threaten air, water, soil and wildlife resources.

4. Disrupt agricultural operations.

5. Potentially interfere with aviation, state security and the economy of this state.

B. Pursuant to the tenth amendment of the United States Constitution, article II, section 3 of the Arizona Constitution and the inherent right for citizens of this state to engage in thoughtful deliberation and determine public policy by voting, the citizens of this state do not consent to any unconstitutional actions or efforts made by the federal government or international bodies that intentionally release polluting emissions into this state's atmosphere through geoengineering, cloud seeding, weather modification or any other means.

C. To preserve the safe and healthful uses of this state's atmosphere for its people, environment and agriculture and to improve beneficial climate efforts, it is necessary to prohibit geoengineering and to provide for enforcement and penalties for violative activities.