GeoLawWatch Still in play 10
Substack

TNBillSB2691Passed

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.

  1. Introduced
  2. Passed one chamber
  3. Passed both chambers
  4. Passed

Tennessee's geoengineering ban includes legislative findings asserting that federal atmospheric experiments may occur in the state, while its own fiscal analysis assumes no such activities are happening or will occur, creating an unusual disconnect between the stated justification and the projected impact.

Tennessee SB2691 passed both chambers and became Public Chapter 709 effective July 1, 2024.

Our summary

PROHIBITION Tennessee 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 with the express purpose of affecting temperature, weather, or the intensity of sunlight.

ENFORCEMENT MECHANISM Violations fall under the Tennessee Air Quality Act. Any violation of or failure to comply with this provision constitutes a Class C misdemeanour offence.

PENALTIES Violators face a fine not to exceed $10,000 per day per violation.

UNUSUAL PROVISIONS The bill includes extensive whereas clauses asserting that the federal government or entities acting on its behalf "may conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere" and that such activities "may occur within the State of Tennessee." The fiscal note explicitly assumes that "the action prohibited by this legislation is not currently occurring in this state, nor will it in the future," which creates a tension between the legislative findings and the fiscal analysis. The prohibition language focuses on "express purpose" rather than intent or effect, potentially creating enforcement challenges around proving the specific purpose of atmospheric releases.

Official description

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.

Legislative history

SB2691 followed a more straightforward path than its House companion. Filed January 31, 2024, the Senate bill moved through standard first and second consideration before referral to the Senate Energy, Agriculture, and Natural Resources Committee on February 5. The committee recommended passage with amendment on March 6, voting 7-2 in favour.

The Senate adopted Amendment 1 on March 18 and passed the amended bill 25-6 the same day. The bill then moved to the House, where it was held on the desk until April 1. That day proved pivotal: the House substituted SB2691 for the companion HB2063, withdrew one amendment, failed to adopt a second amendment (18-71), and passed the Senate bill 70-22.

The enrollment process moved quickly. The bill was signed by the Senate Speaker on April 4, the House Speaker on April 5, transmitted to Governor Bill Lee on April 5, and signed by the governor on April 11. It became Public Chapter 709 on April 17, 2024, with an effective date of July 1, 2024.

The failed House amendment (HA0872) that was voted down 18-71 on April 1 represents an interesting procedural moment - likely an attempt to modify the Senate version that was decisively rejected before final passage. The withdrawn amendment (HA0828) suggests another proposed change that sponsors abandoned before the vote.

  1. Effective date(s) 07/01/2024
  2. Pub. Ch. 709
  3. Signed by Governor.
  4. Transmitted to Governor for action.
  5. Signed by H. Speaker
  6. Signed by Senate Speaker
  7. Enrolled and ready for signatures
  8. Passed H., Ayes 70, Nays 22, PNV 1
  9. Failed to adopt, (Amendment 2 - HA0872) Ayes 18, Nays 71, PNV 0
  10. Am. withdrawn. (Amendment 1 - HA0828)
  11. Subst. for comp. HB.
  12. Rcvd. from S., held on H. desk.
  13. Sponsor(s) Added.
  14. Engrossed; ready for transmission to House
  15. Passed Senate as amended, Ayes 25, Nays 6
  16. Senate adopted Amendment (Amendment 1 - SA0653)
  17. Placed on Senate Regular Calendar for 3/18/2024
  18. Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 0
  19. Sponsor(s) Added.
  20. Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/6/2024
  21. Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee
  22. Introduced, Passed on First Consideration
  23. Filed for introduction

Bill text

Show consolidated bill text 
State of Tennessee

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.


PASSED: April 1, 2024

APPROVED this 11th day of April 2024

Supplementary documents

TENNESSEE GENERAL ASSEMBLY FISCAL REVIEW COMMITTEE

FISCAL MEMORANDUM

HB 2063 - SB 2691

February 29, 2024

SUMMARY OF BILL AS AMENDED (014295)

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.

FISCAL IMPACT OF BILL AS AMENDED

NOT SIGNIFICANT

Assumptions:

  • The prohibition created by this legislation would fall under the Tennessee Air Quality Act (Act).

  • Pursuant to Tenn. Code Ann. Section 68-201-112(a), any violation of or failure to comply with a provision of the Act is a Class C misdemeanor offense, punishable by a fine not to exceed $10,000 per day per violation.

  • It is assumed that the action prohibited by this legislation is not currently occurring in this state, nor will it in the future; therefore, this legislation will result in no significant fiscal impact on state government.

CERTIFICATION

The information contained herein is true and correct to the best of my knowledge.

Krista Lee Carsner, Executive Director