GeoLawWatch: Tracking Weather & Climate Legislation

Bill Summary:

The proposed bill, introduced in South Dakota, aims to prohibit the intentional release of polluting emissions into the atmosphere through activities such as cloud seeding, weather modification, and excessive electromagnetic radio frequency and microwave radiation. The bill outlines specific definitions and sets forth a framework for enforcement and penalties associated with violations.

Key Provisions:

1. Prohibition of Activities: The bill explicitly prohibits cloud seeding, defined as the dispersal of chemicals like silver iodide and potassium iodide to influence precipitation. It also prohibits any stratospheric aerosol injection or any form of weather modification that involves releasing polluting emissions.

2. Reporting Mechanism: Citizens, local law enforcement, and state officials are empowered to report suspected instances of these activities to the county sheriff. If credible evidence is found, the sheriff is required to investigate further.

3. Cease-and-Desist Authority: Upon discovering any prohibited activity, either the Governor or the county sheriff can issue a cease-and-desist order. This order holds the weight of a court order, and violations may lead to legal consequences.

4. Investigation Protocols: The bill includes provisions for immediate investigation of reported polluting activities, allowing the sheriff to request assistance from state law enforcement or environmental agencies, and mandates documentation procedures for evidence of violations.

5. Hazardous Activities Enforcement: Activities deemed hazardous, including the use of unmarked aircraft for cloud seeding or other atmospheric experiments, are classified as Class 6 felonies, carrying potential fines up to $500,000.

6. Public Monitoring: The bill encourages public participation in monitoring and reporting incidents related to atmospheric pollution, specifying what types of evidence should be collected and submitted.

7. Inspection of Facilities: The sheriff is authorized to require operators of facilities involved in atmospheric activities to provide operational records and may order them to cease operations if violations are suspected.

Overall, this legislation seeks to establish stringent controls on activities that may harm the environment or public health through intentional atmospheric manipulation, aiming to protect the integrity of air quality in South Dakota.