New Hampshire : 2021 Regular Session : BILL HB128
Adding notification requirements to the weather modification statute.
Sponsor: Rep John Potucek & Rep Judy Aron & Rep James Allard & Rep Raymond Howard & Rep Michael Sylvia & Sen Ruth Ward & Rep Tony Lekas & Rep Rene Nunez
Bill Details
Adding notification requirements to the weather modification statute.
GeoLawWatch Bill Summary
This bill updates New Hampshire's weather modification law by adding strict public notification and transparency rules. The original law allowed state agencies to experiment with weather modification, provided it was approved by the Governor and Council and permitted the use of state funds or outside support. Agencies could also collaborate with federal and other partners.
To enhance transparency and accountability, the amendment introduces new procedural steps that must be completed at least two months before seeking approval from the Governor and Council:
First, the Public Notice Requirement requires the state department or agency involved to publish a notice in at least four newspapers in New Hampshire and on its website. This notice should inform the public of the date and type of the planned weather modification program or experiment.
Next, the Disclosure Requirement states the agency must tell the public which chemical compounds and technologies will be used. It must also share information about possible effects on human health, local wildlife, and habitats, as well as the source of the funding.
Additionally, under the Public Input Requirement, the agency must request public feedback about the planned weather modification program or experiment.
Finally, note the bill's unusual provisions: It does not introduce any enforcement measures or penalties, but instead adds transparency and public participation requirements to the current weather modification law. The bill does not prohibit activities; instead, it requires the public to be notified before the state undertakes weather modification.
History
HB 128 was introduced on January 4, 2021, and assigned to the Executive Departments and Administration Committee (notably different from the Science, Technology and Energy Committee that would later handle geoengineering prohibition bills). The committee held a public hearing via Zoom on February 22, 2021 - reflecting pandemic-era remote proceedings - and an executive session on March 4, 2021. The committee delivered a unanimous 18-0 "Ought to Pass" recommendation, placing the bill on the Consent Calendar, a designation reserved for noncontroversial bills expected to pass without debate.
The House adopted the Ought to Pass motion by voice vote on April 7, 2021. An immediate motion to reconsider (by Rep. Osborne) failed by voice vote, suggesting brief opposition that was quickly overcome. The bill was referred to the Senate the same day and assigned to Executive Departments and Administration. Following an April 14 remote hearing, the Senate committee unanimously recommended passage (5-0), and the full Senate concurred 23-1 on April 22. After enrollment proceedings in early May, Governor Sununu signed the bill into law on May 17, 2021, as Chapter 34, effective July 16, 2021. Representative Potenza, who would later sponsor HB 1700 (2024) and HB 764 (2025), was not among the sponsors of this successful 2021 bill.
- Mon 04 Jan 2021 Introduced (in recess of) 01/06/2021 and referred to Executive Departments and Administration House Journal 2 P. 36
- Mon 22 Feb 2021 Public Hearing: 02/22/2021 10:00 am Please click the link below to join the webinar:https://zoom.us/j/97378434787Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
- Thu 04 Mar 2021 Executive Session: 03/04/2021 10:30 am Please click the link below to join the webinar:https://zoom.us/j/92570492865
- Wed 10 Mar 2021 Committee Report: Ought to Pass (Vote 18-0; Consent Calendar) House Calendar 18 P. 11
- Wed 07 Apr 2021 Ought to Pass: Motion Adopted Voice Vote 04/07/2021 House Journal 5 P. 21
- Wed 07 Apr 2021 Reconsider (Rep. Osborne): Motion Failed Voice Vote 04/07/2021 House Journal 5 P. 50
- Wed 07 Apr 2021 Introduced 04/01/2021 and Referred to Executive Departments and Administration; Senate Journal 11
- Wed 07 Apr 2021 Remote Hearing: 04/14/2021, 09:45 am; Links to join the hearing can be found in the Senate Calendar; Senate Calendar 19
- Wed 14 Apr 2021 Committee Report: Ought to Pass, 04/22/2021; Vote 5-0; Consent Calendar; Senate Calendar 20
- Thu 22 Apr 2021 Ought to Pass: Regular Calendar 23Y-1N, Motion Adopted; OT3rdg; 04/22/2021; Senate Journal 12
- Thu 06 May 2021 Enrolled (in recess of) 04/09/2021 House Journal 7 P. 102
- Thu 06 May 2021 Enrolled Regular Calendar 23Y-0N, Motion Adopted, (In recess of 05/06/2021); Senate Journal 15
- Wed 19 May 2021 Signed by Governor Sununu 05/17/2021; Chapter 34; Eff: 07/16/2021
Consolidated Bill Text
2021 SESSION
21-0051
08/05
HOUSE BILL 128
AN ACT adding notification requirements to the weather modification statute.
SPONSORS: Rep. Aron, Sull. 7; Rep. Potucek, Rock. 6; Rep. Allard, Merr. 21; Rep. Howard, Belk. 8; Rep. Sylvia, Belk. 6; Sen. Ward, Dist 8; Rep. T. Lekas, Hills. 37; Rep. Nunez, Hills. 37
COMMITTEE: Executive Departments and Administration
ANALYSIS
This bill requires notice before a state agency attempts to modify the weather.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adding notification requirements to the weather modification statute.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Weather Modification; Notification Required. Amend RSA 12-F:1 to read as follows:
12-F:1 Weather Modification Experimentation.
I. Any department or agency of the state may, with the approval of the governor and council and within the limits of appropriated funds or by means of gifts, donations or grants, engage in and undertake experimentation in the techniques and methods for weather modification, and may cooperate therein with the federal government, with authorized agencies of other states, and with interested persons and organizations.
II. At least 2 months prior to the presentation to the governor and executive council for approval of engagement in or experimentation in techniques and methods for weather modification, the department or agency of the state participating in such engagement or experimentation 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.
(c) Solicit public input regarding the proposed weather modification program or experimentation.
2 Effective Date. This act shall take effect 60 days after its passage.
Note: This bill did not include a fiscal note, which is consistent with its placement on the Consent Calendar and the absence of enforcement mechanisms or new agency responsibilities beyond routine public notice functions.