GeoLawWatch Bill Summary

This bill creates a state-run cloud seeding program managed by the Oregon Water Resources Department (OWRD) and outlines several rules for how it will work.

First, to provide clarity, the bill defines the concept and scope of cloud seeding. Cloud seeding is defined as all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of inducing precipitation, cloud forms, or other meteorological parameters. The definition explicitly excludes fog suppression and frost prevention measures for protecting orchards or crops.

Next, the bill outlines requirements for OWRD to establish rules for cloud seeding programs. It further specifies that any water produced by cloud seeding must be shared in accordance with Oregon’s water laws.

Building on rule-setting authority, the bill allows OWRD to help create local or statewide cloud seeding programs. The department can hire experts, help with program planning, or support research. OWRD can also look into cloud seeding in the Deschutes Basin and work with others to implement it. Funding is only allowed in areas where there is not enough water to meet current needs, such as water rights, water quality, recreation, or wildlife.

In connection with potential efforts in the Deschutes Basin, the bill requires that if OWRD studies or starts cloud seeding there, it must report to a legislative committee on water issues, as required by ORS 192.245.

To support implementation, the bill protects cloud seeding projects approved or funded by OWRD from lawsuits for trespass or nuisance. These projects also do not need state or local permits.

Finally, the bill includes several unusual provisions. First, it grants blanket immunity from trespass and nuisance liability to cloud seeding operators, so they cannot be sued for these reasons. Additionally, operators are exempt from the permits that would normally be required for such activities. As a result, landowners affected by state-approved cloud seeding are unable to pursue typical legal remedies.

History

SB 58 was introduced on January 9, 2023 as a presession filing by Senator Findley, indicating it was prepared before the 2023 Regular Session officially began. After first reading, the bill was initially referred to the President's desk, which is standard procedure for newly introduced Senate bills awaiting committee assignment. Two days later, on January 11, the bill was referred to the Senate Committee on Natural Resources.

The committee held a public hearing on March 15, 2023, but the bill never received a work session or committee vote. On April 12, a floor motion to withdraw the bill from the Natural Resources Committee failed on a 13-16 vote, with the nays representing the Democratic majority and the single excused member being Senator Gorsek. Senator Sollman filed a vote explanation for her "no" vote. The motion to withdraw from committee is a procedural mechanism that allows the full chamber to pull a bill out of committee if there is sufficient support, typically used when a committee chair is blocking legislation that has broader support. The failure of this motion effectively sealed the bill's fate. SB 58 died in committee upon adjournment on June 25, 2023, having never advanced beyond the hearing stage.

Mon 09 Jan 2023 Introduction and first reading. Referred to President's desk.
Wed 11 Jan 2023 Referred to Natural Resources.
Wed 15 Mar 2023 Public Hearing held.
Wed 12 Apr 2023 Motion to withdraw from committee on Natural Resources failed. Ayes, 13; Nays, 16--Campos, Dembrow, Frederick, Gelser Blouin, Golden, Jama, Lieber, Manning Jr, Meek, Patterson, Prozanski, Sollman, Steiner, Taylor, Woods, President Wagner; Excused, 1--Gorsek.
Wed 12 Apr 2023 Vote explanation(s) filed by Sollman.
Sun 25 Jun 2023 In committee upon adjournment.

Consolidated Bill Text

82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
Senate Bill 58

Sponsored by Senator FINDLEY (Presession filed.)

A BILL FOR AN ACT

Relating to cloud seeding.
Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As used in this section, "cloud seeding":
(a) Means all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of inducing precipitation, cloud forms or other meteorological parameters.
(b) Does not mean the suppression of fog, or frost prevention measures, for the protection of orchards or crops.

(2) The Legislative Assembly finds that:
(a) The economy of Oregon and the welfare of Oregonians depends on a reliable and sustainable water supply, so it is essential that the state continues to identify, develop and implement projects that augment and sustain the state's water resources.
(b) A cloud seeding program developed and implemented by the Water Resources Department, in cooperation with interested stakeholders, presents a unique and innovative opportunity to augment and sustain the state's water resources.
(c) Augmenting water supplies through cloud seeding is in the public interest.
(d) The public benefits of cloud seeding include the protection of water rights, municipal and business activities that depend on water, water quality, energy production, recreation and fish and wildlife, as well as drought mitigation.
(e) Data and analysis demonstrate that cloud seeding has results in annual increases in water supplies in water basins.
(f) Additional research and analysis are needed to determine the precise nature and extent to which cloud seeding can increase water supplies.
(g) The development of a cloud seeding program may benefit water basins throughout the state that experience depleted or insufficient water supplies.

(3) The department:
(a) Shall adopt rules authorizing cloud seeding programs.
(b) Shall adopt rules ensuring that water generated through cloud seeding programs is distributed in accordance with Oregon water laws.
(c) May develop or assist with developing local or statewide cloud seeding programs.
(d) May contract with an individual or organization for consultation related to, or assistance with developing, cloud seeding programs, or for research related to cloud seeding.
(e) May assess the potential for cloud seeding in the Deschutes Basin and work with stakeholders to implement the cloud seeding.
(f) May provide funding for cloud seeding programs only if the cloud seeding programs relate to water basins that the department has found lack sufficient water supplies to support existing water rights, water quality, recreation or fish and wildlife uses.

(4) If the department assesses or implements cloud seeding in the Deschutes Basin, the department shall report, in the manner provided in ORS 192.245, to a committee or interim committee of the Legislative Assembly related to water on the assessment or implementation.

(5) Notwithstanding any contrary provision of law, cloud seeding authorized or funded in whole or in part by the department may not:
(a) Result in legal liability for trespass or public or private nuisance.
(b) Be subject to any state or local permitting requirements.

Supplementary documents

Oregon SB 58 - Supplementary Documents

Staff Measure Summary

82nd Oregon Legislative Assembly - 2023 Regular Session

SB 58 - STAFF MEASURE SUMMARY
Senate Committee On Natural Resources

Prepared By:	Laura Kentnesse, LPRO Analyst
Meeting Dates:	3/15

WHAT THE MEASURE DOES:

Defines 'cloud seeding' as all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of inducing precipitation, cloud forms, or other meteorological parameters. Establishes legislative findings related to the state's water supply and cloud seeding. Requires the Oregon Water Resources Department (OWRD) to adopt rules authorizing cloud seeding programs and ensuring the water generated is distributed in accordance with Oregon water laws. Authorizes OWRD to develop or assist with developing local or statewide cloud seeding programs; contract for cloud seeding research; assess the potential for cloud seeding in the Deschutes Basin; and provide funding for cloud seeding programs in basins with water supplies insufficient to support existing uses. Requires OWRD to report to a water-related legislative committee on assessment or implementation of cloud seeding in the Deschutes Basin, if the department decides to undertake an assessment in that basin. Specifies that authorized or funded cloud seeding cannot result in legal liability for trespass or public or private nuisance or be subject to state or local permitting requirements.

FISCAL: May have fiscal impact, but no statement yet issued
REVENUE: May have revenue impact, but no statement yet issued

ISSUES DISCUSSED:

[No issues recorded]

EFFECT OF AMENDMENT:

No amendment.

BACKGROUND:

Cloud seeding is a form of weather modification that aims to alter the type or amount of precipitation that falls from clouds. It is conducted by injecting chemical particles into clouds, which provides a "seed" for moisture in the air to condense and fall to the ground as rain or snow. The chemical compounds can be released into the atmosphere by aircraft or ground-based generators.

Senate Bill 58 would require the Oregon Water Resources Department to adopt rules authorizing cloud seeding programs and ensure the water generated is distributed in accordance with Oregon water laws.

This summary has not been adopted or officially endorsed by action of the committee.

Open Government Impact Statement

Prepared by:	Cameron D. Miles
Date:	1/20/2023
Measure:	SB 58
Session:	82nd Oregon Legislative Assembly, 2023 Regular Session

Only impacts on Original or Engrossed Versions are Considered Official

SUMMARY

Makes certain findings concerning cloud seeding. Provides Water Resources Department with specified authority concerning cloud seeding.

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