Tennessee : 2023-2024 Regular Session : BILL SB2691
AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 39; Title 42; Title 43; Title 44; Title 55; Title 58; Title 59; Title 60; Title 65; Title 68 and Title 69, relative to environmental protection.
Sponsor: Sen Steve Southerland & Sen Rusty Crowe & Sen Janince Bowling & Sen Ferrell Haile & Sen Mark Pody & Sen Page Walley
Bill Details
As enacted, prohibits 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. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 39; Title 42; Title 43; Title 44; Title 55; Title 58; Title 59; Title 60; Title 65; Title 68 and Title 69.
Bill summary
Tennessee Senate Bill 2691 (SB2691), which substituted for its companion, House Bill 2063 (HB2063), was successfully enacted during the 2023-2024 session as Public Chapter 709. This legislation made Tennessee the first state to pass a law banning these specific atmospheric modification activities. The summary of SB2691 (Public Chapter 709), drafted according to the Bill Analysis Guidelines, is as follows: • Aims and Scope: The bill added a new section to the Tennessee Code Annotated (TCA Title 68, Chapter 201). The General Assembly's stated intent was to protect the public health and welfare of Tennesseans and regulate activities based on concerns that the federal government or other entities might conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere. • Companion Bill: SB2691 was identical in substance to HB2063 and was ultimately substituted for it. • Prohibited Activity: The law prohibits the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the state’s borders into the atmosphere. • Scope and Conflation: The prohibition applies when the express purpose is affecting temperature, weather, or the intensity of the sunlight. This broad language covers both large-scale geoengineering (such as solar radiation modification) and established practices like cloud seeding (weather modification). • Penalties: The fiscal review assumed that a violation would be categorized as a Class C misdemeanor under the Tennessee Air Quality Act. This offense is typically punishable by a fine not exceeding $10,000 per day per violation. • Effective Date: The act took effect on July 1, 2024.
History
The bill was filed for introduction on January 31, 2024, and quickly advanced through the legislative process. It was introduced and successfully passed its first and second considerations in early February. After being reviewed and amended by the Senate Energy, Agriculture, and Natural Resources Committee, it passed the Senate as amended on March 18, 2024, with a vote of 25 in favor and 6 against. The bill then moved to the House, where it passed on April 1, 2024, and was subsequently signed by the Governor on April 11, 2024. The bill was published as Chapter 709 and is set to take effect on July 1, 2024, indicating that it has successfully passed through the legislative process and will soon be implemented.
- Wed 31 Jan 2024 Filed for introduction
- Thu 01 Feb 2024 Introduced, Passed on First Consideration
- Mon 05 Feb 2024 Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee
- Wed 28 Feb 2024 Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/6/2024
- Mon 04 Mar 2024 Sponsor(s) Added.
- Wed 06 Mar 2024 Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 0
- Fri 15 Mar 2024 Placed on Senate Regular Calendar for 3/18/2024
- Mon 18 Mar 2024 Senate adopted Amendment (Amendment 1 - SA0653)
- Mon 18 Mar 2024 Passed Senate as amended, Ayes 25, Nays 6
- Mon 18 Mar 2024 Engrossed; ready for transmission to House
- Mon 18 Mar 2024 Sponsor(s) Added.
- Thu 21 Mar 2024 Rcvd. from S., held on H. desk.
- Mon 01 Apr 2024 Subst. for comp. HB.
- Mon 01 Apr 2024 Am. withdrawn. (Amendment 1 - HA0828)
- Mon 01 Apr 2024 Failed to adopt, (Amendment 2 - HA0872) Ayes 18, Nays 71, PNV 0
- Mon 01 Apr 2024 Passed H., Ayes 70, Nays 22, PNV 1
- Wed 03 Apr 2024 Enrolled and ready for signatures
- Thu 04 Apr 2024 Signed by Senate Speaker
- Fri 05 Apr 2024 Signed by H. Speaker
- Fri 05 Apr 2024 Transmitted to Governor for action.
- Thu 11 Apr 2024 Signed by Governor.
- Wed 17 Apr 2024 Pub. Ch. 709
- Wed 17 Apr 2024 Effective date(s) 07/01/2024
Supplementary documents
No supplementary documents available
Bill text
AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 39; Title 42; Title 43; Title 44; Title 55; Title 58; Title 59; Title 60; Title 65; Title 68 and Title 69, relative to environmental protection.
PUBLIC CHAPTER NO. 709
SENATE BILL NO. 2691
By Southerland, Crowe, Bowling, Haile, Pody, Walley
Substituted for: House Bill No. 2063
By Fritts, Alexander, Butler, Hurt, Tim Hicks, Richey, Lynn, Moody, Sherrell, Rudder, Garringer, Davis, Hulsey, Littleton, Vital
AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 39; Title 42; Title 43; Title 44; Title 55; Title 58; Title 59; Title 60; Title 65; Title 68 and Title 69, relative to environmental protection.
WHEREAS, it is documented that the federal government or other entities acting on the federal government's behalf or at the federal government's request may conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere, and those activities may occur within the State of Tennessee; and
WHEREAS, the risk to human health and environmental welfare from broad scale geoengineering is currently not well understood; and
WHEREAS, the Tennessee Department of Environment and Conservation is responsible for monitoring air, soil, and water quality, and regulating industrial and agricultural emissions into the air, soil, and water within the State of Tennessee to ensure the safety of the public, while not impeding agriculture or commerce within the state; and
WHEREAS, it is the intent of this General Assembly to protect the public health and welfare of Tennesseans while allowing all authorized activities permitted under state law; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 68, Chapter 201, Part 1, is amended by adding the following as a new section:
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 is prohibited.
SECTION 2. This act takes effect July 1, 2024, the public welfare requiring it.