GeoLawWatch: Tracking Weather & Climate Legislation

HB 764-FN - AS INTRODUCED

2025 SESSION

25-0912

08/05

HOUSE BILL 764-FN

AN ACT prohibiting the intentional release of polluting emissions, including cloud seeding, weather modification, excessive electromagnetic radio frequency, and microwave radiation and making penalties for violation of such prohibition.

SPONSORS: Rep. Potenza, Straf. 19; Rep. J. Aron, Sull. 4; Rep. Burnham, Straf. 2; Rep. DeRoy, Straf. 3; Rep. Ploszaj, Belk. 1; Rep. Sabourin, Rock. 30; Rep. Vandecasteele, Rock. 25; Rep. Morse, Merr. 3

COMMITTEE: Science, Technology and Energy

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ANALYSIS

This bill prohibits geoengineering, including the intentional release of polluting emissions, makes an exception for the use of cloud seeding during a catastrophic drought, makes penalties for violation of such a prohibition, and requires the commissioner of the department of environmental services to notify federal agencies of the prohibition and penalties for violating such prohibition.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0912

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT prohibiting the intentional release of polluting emissions, including cloud seeding, weather modification, excessive electromagnetic radio frequency, and microwave radiation and making penalties for violation of such prohibition.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  Short Title.  This act may be cited as "The Clean Atmosphere Preservation Act."

2  Findings.  The general court finds:

I.  Many atmospheric activities such as weather modification, stratospheric aerosol injection (SAI), solar radiation modification (SRM), and other forms of geoengineering, involving the intentional release of polluting emissions, harm human health and safety, the environment, agriculture, wildlife, aviation, state security, and the economy of the state of New Hampshire.

II.  It is therefore the intention of the general court to prohibit the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight.  Prohibiting geoengineering (SAI and SRM) and other intentionally polluting activities in New Hampshire's atmosphere and/or at ground level, as further set forth by the terms and provisions of this chapter to preserve the safe, healthful, and peaceful uses of New Hampshire’s atmosphere for people, wildlife, and agriculture by prohibiting deliberate atmospheric pollution and manipulation of the environment, providing enforcement and penalties for violative activity.

III.  Due to necessity arising from the federal stance and the potential and ease for enemies, foreign and domestic, to cause harm intentionally, states’ “rights”, including their authorities, are correctly exerted pursuant to the Tenth Amendment, where federal programs and restrictions have become oppressive or destructive.

3  New Subdivision; Air Pollution Control; Geoengineering Prohibited.  Amend RSA 125-C by inserting after section 21 the following new subdivision:

Geoengineering Prohibited

125-C:22  Geoengineering Prohibited.  No person shall engage in geoengineering activities, including weather modification, stratospheric aerosol injection, or solar radiation modification involving the intentional release of polluting emissions.

125-C:23  Exemption for Cloud Seeding Weather Modification in Case of a Catastrophic Drought.

I.  Notwithstanding RSA 135-C:22, cloud seeding may only occur in New Hampshire under the following conditions:

(a)  The governor, upon the recommendation of the department of environmental services or other relevant agencies, shall declare a state of emergency in response to a catastrophic drought.

(b)  A state of emergency for a catastrophic drought shall only be declared when the drought is severe enough to pose a significant risk to the state's water supply, agriculture, public health, or economic stability.

(c)  The state of emergency shall be officially documented and published by the governor’s office in accordance with RSA 4:45, and shall include a clear statement that cloud seeding is a necessary measure to mitigate the impacts of the drought.

II.  Prior to engaging in cloud seeding, the state shall conduct a thorough environmental review, assessing potential risks and benefits, and ensuring that the activities will not result in harm to the environment, public health, or wildlife.

III.  The department of environmental services shall maintain oversight of all cloud seeding activities to ensure compliance with regulations and to assess the effectiveness of cloud seeding operations.  At least 3 months prior to the presentation of any cloud seeding activities brought forth by the governor, upon the recommendation of the department of environmental services or other relevant agencies, the department of environmental services shall do the following:

(a)  Place a public notice in at least 4 newspapers within the state and on the departmental Internet website informing the public of the date and type of the proposed weather modification program or experimentation events within the state.

(b)  Disclose to the public the chemical compounds and technologies to be used in the proposed weather modification program or experimentation events in the state, including the effects of the program or experimentation on human health, what wildlife and wildlife habitats may be affected, and the source of funding to perform such program or experimentation.

125-C:24  Violations; Penalties.

I.  Whenever the director of the division of air resources finds a violation of any of the provisions of this subdivision or any rules in force hereunder, the director shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the person engaging in geoengineering shall comply.  Upon a finding by the director that there is an imminent and substantial endangerment to the public health or welfare or the environment, the director shall issue an order of abatement requiring immediate compliance and the order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance, and the council may, after hearing, uphold, modify, or abrogate such order.

II.  Any violation of the provisions of this subdivision, or of any rule adopted or order issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general.  Any such violation shall also be subject to a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a continuing violation.

III.  Any person who violates any of the provisions of this subdivision, or any rule adopted or order issued under this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

IV.  Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to RSA 125-O:23.  Each day of violation shall constitute a separate offense.

3  Notice of Prohibition.  The commissioner of the department of environmental services shall, within 30 days of the effective date of this section, provide notice to the following entities that geoengineering is prohibited and of the penalties for violating such prohibitions:

I.· National Oceanic and Atmospheric Administration (NOAA).

II.  The University Corporation for Atmospheric Research.

III. ·The National Aeronautics and Space Administration (NASA).

IV.  The U.S. Global Change Research Program (USGCRP).

V.  The White House Office of Science and Technology Policy (OSTP).

VI.  The Department of Energy (DOE).

VII.  The DOE Meteorological Coordinating Council (DMCC).

VIII.  The National Science Foundation (NSF).

IX.  The Department of Defense (DOD).

X.  The Environmental Protection Agency (EPA).

XI.  TheDepartment of State (DOS).

XII.  The National Weather Service (NWS).

XIII.  Federal Aviation Administration (FAA).

XIV.  United States Department of Agriculture (USDA).

XV.  Office of Science / Biological and Environmental Research (BER).

XVI.  National Nuclear Security Administration (NNSA).

XVII.  Nuclear Regulatory Commission (NRC).

XVIII.  Earth Science Research (ESD).

XIX.  United States Bureau of Land Management (BLM).

XX.  The National Park Service (NPS).

XXI.  The Department of Homeland Security (DHS).

XXII.  The Federal Emergency Management Agency (FEMA)

XXIII.  The Office of Marine and Aviation Operations (OMAO).

XXIV.  The Office of Oceanic and Atmospheric Research (OAR).

XXV.  The Department of Commerce (DOC).

4  Repeal.  RSA 12-F, relative to weather modification, is repealed.

5  Effective Date.  This act shall take effect 45 days after its passage.

LBA

25-0912

1/10/25

HB 764-FN- FISCAL NOTE

AS INTRODUCED

AN ACT prohibiting the intentional release of polluting emissions, including cloud seeding, weather modification, excessive electromagnetic radio frequency, and microwave radiation and making penalties for violation of such prohibition.

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

METHODOLOGY:

This bill prohibits geoengineering activities in the state, including methods like weather modification, stratospheric aerosol injection, and solar radiation modification, which involve releasing pollutants.  However, cloud seeding is allowed only during a declared catastrophic drought to help address severe water shortages.  Strict conditions and public notice requirements apply, including a review of environmental impacts.  Additionally, penalties for violating these rules include fines up to $25,000 per violation, potential misdemeanor or felony charges, and other legal consequences.  The Department of Environmental Services is responsible for implementing and enforcing the provisions of this bill.

The Department of Environmental Services (DES) states this bill tasks the Department with enforcing the prohibition of geoengineering activities, including stratospheric aerosol injection (SAI) and solar radiation modification (SRM). DES would issue notices of violations and orders of abatement as necessary and oversee cloud seeding operations permitted only during catastrophic droughts.  Additionally, the DES Commissioner would notify 25 federal and state agencies about the geoengineering prohibition and the associated penalties.  These responsibilities require DES to ensure compliance with the legislation and provide oversight for any limited exceptions, such as cloud seeding.

The fiscal impact of this bill on State expenditures for DES is estimated to range between $500,000 and $1,000,000, though the exact amount is indeterminable.  DES lacks existing expertise in weather modification, SAI, SRM, and related areas, which would necessitate hiring new technical and administrative staff to fulfill the legislation's requirements.  Further, additional staff time would be required to provide technical expertise for rulemaking and occasional oversight of cloud seeding activities.  See table below for additional positions needed and expenditures associated with positions.  Please note there is no funding or authorization for new positions listed in table.

Additionally, the DES may also need to invest in specialized monitoring and analysis equipment, of which is an indeterminable cost.  Support may also be needed for the Attorney General’s office to prosecute violations, adding to the overall resource demands.

Lastly, this bill also adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation.  Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments.  A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Department of Environmental Services, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association