New Jersey: BILL S4161
IntroducedProhibits release of certain substances into atmosphere for purposes of geoengineering.
Prohibits release of certain substances into atmosphere for purposes of geoengineering.
Bill summary (AI generated)
The bill titled "Prohibits release of certain substances into atmosphere for purposes of geoengineering" aims to enact a prohibition against the intentional release of specific substances into the atmosphere for geoengineering purposes. If this bill is passed into law, it will establish legal constraints on the manipulation of the environment through processes aimed at climate modification or intervention. Under the proposed legislation, individuals, corporations, and governmental entities would be restricted from engaging in geoengineering activities that involve the release of certain chemicals or agents intended to alter climate patterns or mitigate carbon emissions by artificial means. The bill reflects growing concerns over the ethical, environmental, and ecological implications of geoengineering practices, which may result in unintended consequences that could harm local and global ecosystems. Compliance with the law would require that entities involved in atmospheric research and climate intervention either refrain from undertaking such initiatives or pivot towards approaches that do not involve releasing the targeted substances. Furthermore, the bill may impose penalties for violations, ensuring a legal framework to oversee and discourage geoengineering efforts that might pose risks to public health or environmental safety. Overall, this legislative measure seeks to regulate the increasingly controversial domain of geoengineering while promoting environmental sustainability and public trust.
History
Adipisci facilis exercitationem quis repudiandae hic non corrupti aut. Velit vero cupiditate mollitia neque.
- Tue 25 Feb 2025 Introduced in the Senate, Referred to Senate Environment and Energy Committee
Bill text html
Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Prohibits release of certain substances into atmosphere for purposes of geoengineering.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the release of certain substances into the atmosphere and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Albedo" means the fraction of incident radiation, such as light and heat, reflected by a natural cloud or by materials injected into the atmosphere.
"Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles in the atmosphere.
"Cloud seeding" means a weather modification technique for changing the amount, type, or distribution of precipitation from clouds by artificially creating cloud condensation nuclei or ice nuclei in the atmosphere.
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Geoengineering" means the intentional manipulation of the environment, through use of a chemical or other physical agent, which is effectuated with the intention of bringing about changes to Earth's atmospheric or surface conditions, including weather modification, aerosol injection, chaff dispersal, or cloud seeding activities.
"Hazardous" means that a chemical or other physical agent is, by its nature, harmful to living organisms, to property, or to another interest of value.
"Weather modification" means the changing, controlling, or interfering with; or the attempt to change, control, or interfere with; the natural development of cloud forms, precipitation, barometric pressure, temperature, albedo, conductivity, or other characteristics of the atmosphere.
2. a. No person, including any private or public entity, shall release a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering.
b. If a federal agency or branch of the armed forces carries out a project that involves the release of a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering, the commissioner shall issue a notice to an appropriate federal representative indicating that the activity cannot be lawfully carried out in or over the State of New Jersey.
3. a. The department shall establish a program to encourage members of the public to monitor, measure, document, and report incidents that may constitute geoengineering activities in violation of the provisions of this act. The program shall, at a minimum, allow members of the public to submit photographs, audio recordings, video recordings, precipitation analysis reports, images created through microscopy, spectrometry reports, and other appropriate forms of evidence to the department.
b. The department shall promptly investigate any credible reports received pursuant to this section, which indicate that a violation of the provisions of this act have occurred.
4. a. A person who violates the provisions of this act shall be liable to a civil administrative penalty of up to $10,000 for the first offense, up to $25,000 for the second offense, and up to $50,000 for the third and each subsequent offense. Each day in which a violation occurs shall be considered a separate offense. The department shall enforce the provisions of this act and the rules and regulations adopted pursuant thereto.
b. No civil administrative penalty pursuant to subsection a. of this section shall be imposed until after the suspected violator has been notified of the alleged violation by certified mail or personal service. The notice shall include:
(1) a reference to the section of the statute, regulation, order, or condition alleged to have been violated;
(2) a concise statement of the facts alleged to constitute a violation;
(3) a statement of the amount of the civil administrative penalty that may be imposed; and
(4) a statement of the right of the person to a hearing.
c. (1) A person served with notice pursuant to subsection c. of this section shall have 20 days after the receipt of the notice to request in writing a hearing before the department. The department may retain the matter for a hearing before the committee or transmit the matter to the Office of Administrative Law in accordance with the provisions of the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et seq.).
(2) If the hearing is conducted by the department, the hearing shall be conducted in accordance with relevant provisions of the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et seq.) and regulations adopted pursuant thereto. After the hearing, if the department finds that a violation has occurred, the department may issue a final order assessing the amount of the civil administrative penalty set forth in the notice, if applicable.
(3) If no hearing is requested, then the notice shall become a final order 20 days after the date upon which the notice was served. Payment of the civil administrative penalty shall be due, and duration of the suspension, if any, shall begin, on the date when a final order is issued or the notice becomes a final order.
5. No later than 18 months after the date of enactment of this act, the department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this act.
6. This act shall take effect immediately.
STATEMENT
This bill would prohibit persons, including private and public entities, from releasing a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering. A person who violates this prohibition would be liable to a civil administrative penalty of up to $10,000 for a first offense, under the bill.
As defined in the bill: "geoengineering" means the intentional manipulation of the environment, through use of a chemical or other physical agent, which is effectuated with the intention of bringing about changes to Earth's atmospheric or surface conditions, including weather modification, aerosol injection, chaff dispersal, or cloud seeding activities; and "hazardous" means that a chemical or other physical agent is naturally harmful to living organisms, to property, or to another interest of value.
The bill would also require the Commissioner of Environmental Protection to send a notice to an appropriate representative of the federal government, if a federal entity engages in the geoengineering activities prohibited by the bill in or over New Jersey. In addition, the bill would require the Department of Environmental Protection (DEP) to establish a program to encourage members of the public to monitor and report geoengineering activities that violate the bill's provisions. Finally, the bill would require the DEP to enforce the bill's provisions, and to adopt rules and regulations to implement the bill's provisions no later than 18 months after the bill's enactment.