Died in committee
Kentucky : 2024 Regular Session : BILL SB217
AN ACT relating to geoengineering.
Sponsor: Sen Adrienne Southworth
Bill Details
Create new sections of Subchapter 1 of KRS Chapter 224 to make findings and declarations regarding the dangers of atmospheric polluting activities and the Commonwealth's authority to prohibit geoengineering; define terms; prohibit geoengineering; require the Department for Environmental Protection to issue a notice to any federal agency that has approved geoengineering activities that those activities cannot be lawfully carried out in the Commonwealth; require the department to prohibit foreign states or international bodies that engage in geoengineering from engaging in any atmospheric activities over the Commonwealth; require the department to publish quarterly notices in newspapers of general circulation and on its website to encourage the public to monitor and report geoengineering activities; allow individuals to submit evidence of geoengineering to the department; require any local or state official to report any information regarding suspected geoengineering activity to the department within 24 hours; require the department to investigate reports of excessive electromagnetic radiation or fields caused by humans; amend KRS 224.99-010 to make knowingly engaging in geoengineering a Class D felony and subject to a civil penalty of not less than $500,000.
Bill summary
Clauses of the Proposed Law This Senate bill mirrored the text of House Bill 506 (2024) almost exactly. • Findings and Declarations: It asserted the state's right under the Tenth Amendment to not consent to federal or international efforts to release polluting emissions into the atmosphere. • Definitions: It utilized the same definitions for "Atmospheric polluting activity," "Geoengineering," and "Weather modification" as HB 506. • Prohibitions and Duties: ◦ No entity in the Commonwealth may engage in geoengineering. ◦ The Commissioner of the Department for Environmental Protection must issue cease orders to any entity found violating the law. ◦ The Department must prohibit foreign states or international bodies from engaging in atmospheric activities over the Commonwealth. • Public Engagement: Citizens would be encouraged to submit evidentiary photographs, video, and lab tests to the Commissioner regarding suspected geoengineering. Enforcement and Penalties • Criminal: A violation would constitute a Class D felony. • Civil: The bill mandated a civil penalty of not less than $500,000. • Frequency: Each day of activity would be treated as a separate offence.
History
The bill was introduced in the Senate on February 16, 2024, and was referred to the Committee on Committees and then to the Natural Resources & Energy Committee. These committee assignments are crucial steps where the bill will be reviewed, debated, and possibly amended before it can proceed further in the legislative process. As the bill is still active, it will await committee deliberation and voting, which will determine whether it advances to the broader Senate for consideration. The next steps will involve scheduling and conducting committee meetings to discuss the bill's merits and any modifications that may be needed.
- Fri 16 Feb 2024 introduced in Senate
- Fri 16 Feb 2024 to Committee on Committees (S)
- Tue 20 Feb 2024 to Natural Resources & Energy (S)
Supplementary documents
No supplementary documents available
Bill text
Kentucky : 2024 Regular Session : BILL SB217
AN ACT relating to geoengineering.
Kentucky: 2024 Regular Session
BILL SB217
AN ACT relating to geoengineering.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF SUBCHAPTER 1 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:
The General Assembly hereby finds and declares that:
(1) Atmospheric polluting activities involving the intentional release of polluting emissions, including weather modification, stratospheric aerosol injection, solar radiation modification, and other forms of geoengineering:
(a) Endanger human health and safety and the environment;
(b) Threaten air, water, soil, and wildlife resources;
(c) Disrupt agricultural operations; and
(d) Potentially interfere with aviation, state security, and the economy of the Commonwealth;
(2) Pursuant to the Tenth Amendment of the Constitution of the United States and the inherent right for Kentucky citizens to engage in thoughtful deliberation and determine public policy by voting, the citizens of the Commonwealth do not consent to any unconstitutional actions or efforts made by the federal government or international bodies that intentionally release polluting emissions into the Commonwealth's atmosphere, through geoengineering, cloud seeding, weather modification, or any other means; and
(3) To preserve the safe and healthful uses of the Commonwealth's atmosphere for its people, environment, and agriculture, and to improve beneficial climate efforts, it is necessary to prohibit geoengineering and to provide for enforcement and penalties for violative activities.
SECTION 2. A NEW SECTION OF SUBCHAPTER 1 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:
As used in Sections 1 to 3 of this Act, except that to the extent of any conflict between this section and any provision of KRS 224.1-010, the provisions of KRS 224.1-010 shall prevail and control:
(1) "Aerosol injection" means the release of reflective sulfate or other aerosol particles in the stratosphere by high altitude planes, tethered balloons, high-altitude blimps, artillery, or other means;
(2) "Artificial intelligence" or "AI" means systems or machines that mimic human intelligence to perform tasks and that can iteratively improve themselves based on the information they collect;
(3) (a) "Atmospheric contaminant" means any type of aerosol, biological, nonbiological, or hazardous agent, chaff, genetically modified agent, metal, radioactive material, vapor, electromagnetic radiation or field, mechanical vibration, particulate of any size, or any air pollutant regulated by the Commonwealth, and any combination thereof.
(b) "Atmospheric contaminant" does not include any engine exhaust from an aircraft using unadulterated certified aviation fuel;
(4) "Atmospheric polluting activity" means any deliberate release of an atmospheric contaminant by any human, or by artificial intelligence, or any combination thereof, that occurs in the atmosphere and that may have harmful consequences on human health, the environment, or agriculture;
(5) "Chaff" means aluminum-coated silica glass fibers, typically dispersed in bundles containing millions of inhalable fibers, which break apart and fall to the ground;
(6) "Cloud seeding" means a type of weather modification that involves the deliberate introduction of various substances into a cloud in order to induce or increase precipitation from the cloud;
(7) "Commissioner" means the commissioner of the Department for Environmental Protection;
(8) "Department" means the Department for Environmental Protection;
(9) "Entity" means any individual, trust, firm, joint stock company, corporation, quasi-governmental corporation, nongovernmental organization, partnership, association, syndicate, club, college, university, any agency, subdivision, or instrumentality of federal, state, or local government, or any interstate or international governance body;
(10) "Geoengineering" means the intentional manipulation of the environment, through an atmospheric polluting activity, to effect changes to the earth's atmosphere or surface, including but not limited to the practices of weather modification, aerosol injection, and cloud seeding;
(11) "Hazardous" means a substance or physical agent that by its nature is harmful to living organisms, property, or any other valuable interest;
(12) "Individual" means a natural person;
(13) "Maser" means a device using the stimulated emission of radiation by excited atoms to amplify or generate radiation in the microwave range;
(14) "Physical agent" means a source of energy that may cause injury through excessive exposure, including but not limited to radiofrequency, microwave, and other electromagnetic radiation and fields, barometric pressure, temperature, gravity, mechanical vibration, and sound;
(15) "Release" means any activity that results in the issuance of atmospheric contaminants such as the emitting, transmitting, discharging, or injecting of one (1) or more nuclear, biological, chemical, or physical agents into the ambient atmosphere, whether once, intermittently, or continuously;
(16) "Solar radiation modification" means any attempt to reduce global temperatures by reflecting more sunlight into space or allowing more infrared radiation from earth to escape than would naturally occur; and
(17) "Weather modification" means the changing, controlling, or interfering with or attempting to change, control, or interfere with the natural development of cloud forms, precipitation, barometric pressure, temperature, conductivity or other electromagnetic or sonic characteristics of the atmosphere.
SECTION 3. A NEW SECTION OF SUBCHAPTER 1 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:
(1) No entity in the Commonwealth shall engage in any form of geoengineering activities. The commissioner shall investigate any credible reports of geoengineering occurring in the Commonwealth received under this section, and shall issue an order to any entity that he or she finds is engaging in geoengineering to immediately cease all geoengineering activities. Upon issuing the order, the commissioner shall pursue the imposition of all penalties for engaging in geoengineering authorized under this chapter and the administrative regulations promulgated hereunder.
(2) If any activity that the department has deemed to be geoengineering has been approved, explicitly or implicitly, by the federal government, the department shall issue a notice to the appropriate federal agency that the geoengineering activity cannot lawfully be carried out within or over the Commonwealth.
(3) If the department finds that a foreign state or international body funds, in part or in whole, or engages in any geoengineering activity, the department shall prohibit it from engaging in any atmospheric activities in or above the Commonwealth. The department shall also provide notice to the foreign state or international body that the geoengineering activity cannot lawfully be carried out within or over the Commonwealth.
(4) The department shall publish quarterly notices in newspapers of general circulation pursuant to KRS Chapter 424, and shall post notices on the department's website, to encourage the public to monitor, measure, document, and report present, potential, and past incidents that may constitute geoengineering activities. An individual who wishes to present evidence of geoengineering may email or otherwise send to the commissioner any of the following:
(a) Evidentiary photographs, each separately titled as an electronic or hard copy document, with the respective location and direction from which the photograph was taken, with its time and date; and
(b) Any other collected samples of video or audio recordings, lab tests, microscopy, spectrometry, metering, and other forms of evidence that the individual may have.
(5) Any local or state official who has received information that causes him or her to suspect geoengineering activity is occurring shall report that information to the commissioner within twenty-four (24) hours of receiving it.
(6) The department shall investigate reports of excessive electromagnetic radiation or fields caused by human activity in any part of the spectrum, including but not limited to radiofrequency, microwave, maser, infrared, laser, and ionizing radiation to ensure that they are not the result of violations of the requirements of this chapter or the administrative regulations promulgated hereunder.
Section 4. KRS 224.99-010 is amended to read as follows:
(1) Any person who violates KRS 224.10-110(2) or (3), 224.70-110, 224.73-120, 224.20-050, 224.20-110, 224.46-580, 224.1-400, or who fails to perform any duties imposed by these sections, or who violates any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of twenty-five thousand dollars ($25,000) for each day during which such violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
(2) Any person who violates KRS 224.10-110(4) or (5), or KRS 224.40-100, 224.40-305, or any provision of this chapter relating to noise, or who fails to perform any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of five thousand dollars ($5,000) for said violation and an additional civil penalty not to exceed five thousand dollars ($5,000) for each day during which such violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
(3) (a) Any person who shall knowingly violate any of the provisions of this chapter relating to noise or any determination or order of the cabinet promulgated pursuant to those sections which have become final shall be guilty of a Class A misdemeanor. Each day upon which the violation occurs shall constitute a separate violation.
(b) For offenses by motor vehicles, a person shall be guilty of a violation.
(4) Any person who knowingly violates KRS 224.70-110, 224.73-120, 224.40-100, 224.20-110, 224.20-050, 224.40-305, or 224.10-110(2) or (3), or any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant to those sections which have become final, or who knowingly provides false information in any document filed or required to be maintained under this chapter, or who knowingly renders inaccurate any monitoring device or method, or who tampers with a water supply, water purification plant, or water distribution system so as to knowingly endanger human life, shall be guilty of a Class D felony, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment for a term of not less than one (1) year and not more than five (5) years, or by both fine and imprisonment, for each separate violation. Each day upon which a violation occurs shall constitute a separate violation.
(5) If any person engages in generation, treatment, storage, transportation, or disposal of hazardous waste in violation of the hazardous waste management provisions of this chapter or contrary to a permit, order, or rule issued or promulgated under this chapter, or fails to provide information or to meet reporting requirements required by terms and conditions of a permit or administrative regulations promulgated pursuant to this chapter, the secretary may issue an order requiring compliance within a specified time period or may commence a civil action in a court of appropriate jurisdiction. The violator shall be liable for a civil penalty not to exceed the sum of twenty-five thousand dollars ($25,000) for each day during which the violation continues, and in addition, may be enjoined from any violations in a court of appropriate jurisdiction.
(6) Any person who knowingly is engaged in generation, treatment, storage, transportation, or disposal of hazardous waste in violation of this chapter or contrary to a permit, order, or administrative regulation issued or promulgated under this chapter, or knowingly makes a false statement, representation, or certification in an application for or form pertaining to a permit or in a notice or report required by the terms and conditions of an issued permit, shall be guilty of a Class D felony, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment for a term of not less than one (1) year and not more than five (5) years, or by both fine and imprisonment, for each separate violation. Each day upon which a violation occurs shall constitute a separate violation.
(7) Nothing contained in subsections (4) or (5) of this section shall abridge the right of any person to recover actual compensatory damages resulting from any violation.
(8) Any person who violates any provision of this chapter to which no express penalty provision applies, except as provided in KRS 211.995, or who fails to perform any duties imposed by those sections, or who violates any determination or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of one thousand dollars ($1,000) for said violation and an additional civil penalty not to exceed one thousand dollars ($1,000) for each day during which the violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
(9) The Franklin Circuit Court shall hold concurrent jurisdiction and venue of all civil, criminal, and injunctive actions instituted by the cabinet or by the Attorney General on its behalf for the enforcement of the provisions of this chapter or the orders and administrative regulations of the cabinet promulgated pursuant thereto, except for any actions arising from or related to KRS 278.710(3), (4), or (5) or subsection (16) of this section, which shall be brought in the Circuit Court in any county in which the merchant electric generating facility is located.
(10) Any person who deposits leaves, clippings, prunings, garden refuse, or household waste materials in any litter receptacle, except with permission of the owner of the receptacle, or who places litter into a receptacle in such a manner that the litter may be carried away or deposited by the elements upon any property or water not owned by him or her is guilty of a Class B misdemeanor. Penalties imposed under this subsection shall be, when collected, transferred to the county treasurer where the offense occurred and placed into a fund for solid waste cleanup. This subsection shall not be construed to divert any other fines assessed and collected by the cabinet or funds available to the cabinet for the purpose of remediation of open dumps.
(11) In addition to or in lieu of the penalties set forth in this section or in KRS Chapters 532 and 534, any person found guilty of a second or subsequent offense related to littering may be ordered by the court to pick up litter for not less than four (4) hours.
(12) Any person who violates KRS 224.20-300, 224.20-310, any other provision of this chapter, or any determination, permit, administrative regulation, or order of the cabinet relating to the Asbestos Hazard Emergency Response Act of 1986 (AHERA), Public Law 99-519, as amended, shall be liable to the Commonwealth of Kentucky for a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation. Each day a violation continues shall, for purposes of this subsection, constitute a separate violation of provisions of this chapter relating to AHERA.
(13) A violation of KRS 224.50-413 shall be subject to a fifty dollar ($50) fine for each day the violation continues.
(14) Any person who removes a methamphetamine contamination notice posted under KRS 224.1-410(9) contrary to the administrative regulations governing methamphetamine contamination notice removal shall be guilty of a Class A misdemeanor.
(15) Any person who leases, rents, or sells a property that has been determined to be contaminated property under KRS 224.1-410(4) to a lessee, renter, or buyer without giving written notice that the property is a contaminated property pursuant to KRS 224.1-410(10) shall be guilty of a Class D felony.
(16) Any person who violates KRS 278.710(3), (4), or (5) may be subject to civil penalties not to exceed two thousand five hundred dollars ($2,500) per day. In determining the civil penalty to be imposed under this subsection, the cabinet shall consider all relevant circumstances including but not limited to the extent of harm or potential harm caused by the violation, the nature and duration of the violation, the number of past violations, and any corrective action taken by the merchant electric generating facility owner. If a merchant electric generating facility fails to pay any civil penalty for noncompliance under this subsection for a period of three hundred sixty-five (365) days after a final determination of the assessment of the civil penalty, or fails to post a bond or replacement bond in compliance with KRS 278.710(3), (4), or (5) within ninety (90) days of a final determination that the bond or replacement bond is required, the cabinet may order suspension of its operations until it is brought back into compliance and all civil penalties have been paid or the bond or replacement bond is posted. If after a final determination that the cabinet's order suspending operations of the facility is valid, and the merchant electric generating facility fails to bring the facility back into compliance by paying all outstanding civil penalties or posting the bond or replacement bond within ninety (90) days of that final determination, the cabinet may order the decommissioning of the facility to commence.
(17) In addition to any other penalties that may apply, any person who knowingly engages in geoengineering activities in violation of Section 3 of this Act shall be guilty of a Class D felony, and shall also be liable for a civil penalty of not less than five hundred thousand dollars ($500,000). Each day that a person knowingly engages in geoengineering activities shall constitute a separate offense.
CORRECTIONS IMPACT STATEMENT
SESSION: 24RS
BILL #: SB 217 Introduced.
BR #: 1973
BILL SPONSOR(S): Sen. A. Southworth
AMENDMENT SPONSOR(S):
TITLE: AN ACT relating to geoengineering.
Summary of Legislation
Create new sections of Subchapter 1 of KRS Chapter 224 to:
Make findings and declarations regarding the dangers of atmospheric polluting activities and the Commonwealth's authority to prohibit geoengineering.
Define terms.
Prohibit geoengineering.
Require the Department for Environmental Protection to issue a notice to any federal agency that has approved geoengineering activities that those activities cannot be lawfully carried out in the Commonwealth.
Require the department to prohibit foreign states or international bodies that engage in geoengineering from engaging in any atmospheric activities over the Commonwealth.
Require the department to publish quarterly notices in newspapers of general circulation and on its website to encourage the public to monitor and report geoengineering activities.
Allow individuals to submit evidence of geoengineering to the department.
Require any local or state official to report any information regarding suspected geoengineering activity to the department within 24 hours.
Require the department to investigate reports of excessive electromagnetic radiation or fields caused by humans.
Amend KRS 224.99-010 to make knowingly engaging in geoengineering a Class D felony and subject to a civil penalty of not less than $500,000.
Amendment
This:
☒ bill
☐ amendment
☐ committee substitute
Is expected to:
☒ Have the following Corrections impact
☐ Have no Corrections impact.
Impact Category
Selection
Creates new crime(s)
☐
Repeals existing crime(s)
☐
Increases penalty for existing crime(s)
☐
Decreases penalty for existing crime(s)
☐
Increases incarceration
☐
Decreases incarceration.
☐
Reduces inmate/offender services
☐
Increases inmate/offender services.
☐
Increases staff time or positions
☐
Reduces staff time or positions.
☐
Changes elements of the offense for existing crime(s)
☐
Otherwise impacts incarceration (Explain):
State Impact
Felony Cost Basis: Class A, B, & C felonies are based on an average daily prison rate of $116.93.
Incarceration: Community Custody Class C and most Class D felons are housed in one of seventy-four (74) full-service or regional jails for up to five (5) years.
DOC Jail Incarceration Cost: $44.97 per day, which includes $35.34 per diem, medical costs, and central office administrative costs (substance abuse treatment not included).*
Projected Impact: ☐ NONE ☒ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)
Explanation:
The legislation would likely have a minimal impact on operational costs by establishing a new Class D felony. The necessary appropriations associated with these costs require a continuation of current service funding for adult correctional institutions.
Class D Felon Cost (1 to 5 years): One (1) Class D Felon costs KY $16,414.05 to $82,070.25.
System Impact: New offenses would need to be added to the Kentucky Offender Management System, however, this level of effort would fall under the current maintenance agreement.
Local Impact
Local Responsibility: Local governments are responsible for the cost of incarcerating individuals charged with Class A or B misdemeanors and felony defendants until the disposition of the case.
Estimated Impact Basis: Based on the $44.97 cost to incarcerate for the Department of Corrections, including $35.34 per diem and medical that DOC pays jails to house felony offenders. This cost to incarcerate may not be the actual housing cost for the jail.*
Projected Impact: ☐ NONE ☒ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)
Explanation:
The legislation would likely have a minimal impact on local operational costs by establishing a new Class D felony.
Class D Felon Cost (1 to 5 years): One (1) Class D Felon costs KY $16,414.05 to $82,070.25.
Projected Impact from Amendments
Projected Impact: ☐ NONE ☐ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)
-----*All projections are based on the daily rate x 365 days x number of years. The cost to incarcerate as calculated by the Department is shown here as rounded to the hundredths. Offenders may have multiple offenses or be incarcerated on other charges unless otherwise noted. Unless otherwise noted, numbers will include inchoate offenses at the underlying offense level.
Offices Contributing to this Statement:
☒ Dept. of Corrections
☐ Dept. of Kentucky State Police
☐ Administrative Office of the Courts
☐ Parole Board
☐ Other
NOTE: Consideration should be given to the cumulative impact of all bills that increase the felon population, lengthen the term of incarceration, or impose new obligations on state or local governments.
APPROVED BY: Chief of Staff, Kentucky Department of Corrections
Date: 3/6/2024
AN ACT relating to geoengineering.
Kentucky: 2024 Regular Session
BILL SB217
AN ACT relating to geoengineering.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF SUBCHAPTER 1 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:
The General Assembly hereby finds and declares that:
(1) Atmospheric polluting activities involving the intentional release of polluting emissions, including weather modification, stratospheric aerosol injection, solar radiation modification, and other forms of geoengineering:
(a) Endanger human health and safety and the environment;
(b) Threaten air, water, soil, and wildlife resources;
(c) Disrupt agricultural operations; and
(d) Potentially interfere with aviation, state security, and the economy of the Commonwealth;
(2) Pursuant to the Tenth Amendment of the Constitution of the United States and the inherent right for Kentucky citizens to engage in thoughtful deliberation and determine public policy by voting, the citizens of the Commonwealth do not consent to any unconstitutional actions or efforts made by the federal government or international bodies that intentionally release polluting emissions into the Commonwealth's atmosphere, through geoengineering, cloud seeding, weather modification, or any other means; and
(3) To preserve the safe and healthful uses of the Commonwealth's atmosphere for its people, environment, and agriculture, and to improve beneficial climate efforts, it is necessary to prohibit geoengineering and to provide for enforcement and penalties for violative activities.
SECTION 2. A NEW SECTION OF SUBCHAPTER 1 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:
As used in Sections 1 to 3 of this Act, except that to the extent of any conflict between this section and any provision of KRS 224.1-010, the provisions of KRS 224.1-010 shall prevail and control:
(1) "Aerosol injection" means the release of reflective sulfate or other aerosol particles in the stratosphere by high altitude planes, tethered balloons, high-altitude blimps, artillery, or other means;
(2) "Artificial intelligence" or "AI" means systems or machines that mimic human intelligence to perform tasks and that can iteratively improve themselves based on the information they collect;
(3) (a) "Atmospheric contaminant" means any type of aerosol, biological, nonbiological, or hazardous agent, chaff, genetically modified agent, metal, radioactive material, vapor, electromagnetic radiation or field, mechanical vibration, particulate of any size, or any air pollutant regulated by the Commonwealth, and any combination thereof.
(b) "Atmospheric contaminant" does not include any engine exhaust from an aircraft using unadulterated certified aviation fuel;
(4) "Atmospheric polluting activity" means any deliberate release of an atmospheric contaminant by any human, or by artificial intelligence, or any combination thereof, that occurs in the atmosphere and that may have harmful consequences on human health, the environment, or agriculture;
(5) "Chaff" means aluminum-coated silica glass fibers, typically dispersed in bundles containing millions of inhalable fibers, which break apart and fall to the ground;
(6) "Cloud seeding" means a type of weather modification that involves the deliberate introduction of various substances into a cloud in order to induce or increase precipitation from the cloud;
(7) "Commissioner" means the commissioner of the Department for Environmental Protection;
(8) "Department" means the Department for Environmental Protection;
(9) "Entity" means any individual, trust, firm, joint stock company, corporation, quasi-governmental corporation, nongovernmental organization, partnership, association, syndicate, club, college, university, any agency, subdivision, or instrumentality of federal, state, or local government, or any interstate or international governance body;
(10) "Geoengineering" means the intentional manipulation of the environment, through an atmospheric polluting activity, to effect changes to the earth's atmosphere or surface, including but not limited to the practices of weather modification, aerosol injection, and cloud seeding;
(11) "Hazardous" means a substance or physical agent that by its nature is harmful to living organisms, property, or any other valuable interest;
(12) "Individual" means a natural person;
(13) "Maser" means a device using the stimulated emission of radiation by excited atoms to amplify or generate radiation in the microwave range;
(14) "Physical agent" means a source of energy that may cause injury through excessive exposure, including but not limited to radiofrequency, microwave, and other electromagnetic radiation and fields, barometric pressure, temperature, gravity, mechanical vibration, and sound;
(15) "Release" means any activity that results in the issuance of atmospheric contaminants such as the emitting, transmitting, discharging, or injecting of one (1) or more nuclear, biological, chemical, or physical agents into the ambient atmosphere, whether once, intermittently, or continuously;
(16) "Solar radiation modification" means any attempt to reduce global temperatures by reflecting more sunlight into space or allowing more infrared radiation from earth to escape than would naturally occur; and
(17) "Weather modification" means the changing, controlling, or interfering with or attempting to change, control, or interfere with the natural development of cloud forms, precipitation, barometric pressure, temperature, conductivity or other electromagnetic or sonic characteristics of the atmosphere.
SECTION 3. A NEW SECTION OF SUBCHAPTER 1 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:
(1) No entity in the Commonwealth shall engage in any form of geoengineering activities. The commissioner shall investigate any credible reports of geoengineering occurring in the Commonwealth received under this section, and shall issue an order to any entity that he or she finds is engaging in geoengineering to immediately cease all geoengineering activities. Upon issuing the order, the commissioner shall pursue the imposition of all penalties for engaging in geoengineering authorized under this chapter and the administrative regulations promulgated hereunder.
(2) If any activity that the department has deemed to be geoengineering has been approved, explicitly or implicitly, by the federal government, the department shall issue a notice to the appropriate federal agency that the geoengineering activity cannot lawfully be carried out within or over the Commonwealth.
(3) If the department finds that a foreign state or international body funds, in part or in whole, or engages in any geoengineering activity, the department shall prohibit it from engaging in any atmospheric activities in or above the Commonwealth. The department shall also provide notice to the foreign state or international body that the geoengineering activity cannot lawfully be carried out within or over the Commonwealth.
(4) The department shall publish quarterly notices in newspapers of general circulation pursuant to KRS Chapter 424, and shall post notices on the department's website, to encourage the public to monitor, measure, document, and report present, potential, and past incidents that may constitute geoengineering activities. An individual who wishes to present evidence of geoengineering may email or otherwise send to the commissioner any of the following:
(a) Evidentiary photographs, each separately titled as an electronic or hard copy document, with the respective location and direction from which the photograph was taken, with its time and date; and
(b) Any other collected samples of video or audio recordings, lab tests, microscopy, spectrometry, metering, and other forms of evidence that the individual may have.
(5) Any local or state official who has received information that causes him or her to suspect geoengineering activity is occurring shall report that information to the commissioner within twenty-four (24) hours of receiving it.
(6) The department shall investigate reports of excessive electromagnetic radiation or fields caused by human activity in any part of the spectrum, including but not limited to radiofrequency, microwave, maser, infrared, laser, and ionizing radiation to ensure that they are not the result of violations of the requirements of this chapter or the administrative regulations promulgated hereunder.
Section 4. KRS 224.99-010 is amended to read as follows:
(1) Any person who violates KRS 224.10-110(2) or (3), 224.70-110, 224.73-120, 224.20-050, 224.20-110, 224.46-580, 224.1-400, or who fails to perform any duties imposed by these sections, or who violates any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of twenty-five thousand dollars ($25,000) for each day during which such violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
(2) Any person who violates KRS 224.10-110(4) or (5), or KRS 224.40-100, 224.40-305, or any provision of this chapter relating to noise, or who fails to perform any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of five thousand dollars ($5,000) for said violation and an additional civil penalty not to exceed five thousand dollars ($5,000) for each day during which such violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
(3) (a) Any person who shall knowingly violate any of the provisions of this chapter relating to noise or any determination or order of the cabinet promulgated pursuant to those sections which have become final shall be guilty of a Class A misdemeanor. Each day upon which the violation occurs shall constitute a separate violation.
(b) For offenses by motor vehicles, a person shall be guilty of a violation.
(4) Any person who knowingly violates KRS 224.70-110, 224.73-120, 224.40-100, 224.20-110, 224.20-050, 224.40-305, or 224.10-110(2) or (3), or any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant to those sections which have become final, or who knowingly provides false information in any document filed or required to be maintained under this chapter, or who knowingly renders inaccurate any monitoring device or method, or who tampers with a water supply, water purification plant, or water distribution system so as to knowingly endanger human life, shall be guilty of a Class D felony, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment for a term of not less than one (1) year and not more than five (5) years, or by both fine and imprisonment, for each separate violation. Each day upon which a violation occurs shall constitute a separate violation.
(5) If any person engages in generation, treatment, storage, transportation, or disposal of hazardous waste in violation of the hazardous waste management provisions of this chapter or contrary to a permit, order, or rule issued or promulgated under this chapter, or fails to provide information or to meet reporting requirements required by terms and conditions of a permit or administrative regulations promulgated pursuant to this chapter, the secretary may issue an order requiring compliance within a specified time period or may commence a civil action in a court of appropriate jurisdiction. The violator shall be liable for a civil penalty not to exceed the sum of twenty-five thousand dollars ($25,000) for each day during which the violation continues, and in addition, may be enjoined from any violations in a court of appropriate jurisdiction.
(6) Any person who knowingly is engaged in generation, treatment, storage, transportation, or disposal of hazardous waste in violation of this chapter or contrary to a permit, order, or administrative regulation issued or promulgated under this chapter, or knowingly makes a false statement, representation, or certification in an application for or form pertaining to a permit or in a notice or report required by the terms and conditions of an issued permit, shall be guilty of a Class D felony, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment for a term of not less than one (1) year and not more than five (5) years, or by both fine and imprisonment, for each separate violation. Each day upon which a violation occurs shall constitute a separate violation.
(7) Nothing contained in subsections (4) or (5) of this section shall abridge the right of any person to recover actual compensatory damages resulting from any violation.
(8) Any person who violates any provision of this chapter to which no express penalty provision applies, except as provided in KRS 211.995, or who fails to perform any duties imposed by those sections, or who violates any determination or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of one thousand dollars ($1,000) for said violation and an additional civil penalty not to exceed one thousand dollars ($1,000) for each day during which the violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
(9) The Franklin Circuit Court shall hold concurrent jurisdiction and venue of all civil, criminal, and injunctive actions instituted by the cabinet or by the Attorney General on its behalf for the enforcement of the provisions of this chapter or the orders and administrative regulations of the cabinet promulgated pursuant thereto, except for any actions arising from or related to KRS 278.710(3), (4), or (5) or subsection (16) of this section, which shall be brought in the Circuit Court in any county in which the merchant electric generating facility is located.
(10) Any person who deposits leaves, clippings, prunings, garden refuse, or household waste materials in any litter receptacle, except with permission of the owner of the receptacle, or who places litter into a receptacle in such a manner that the litter may be carried away or deposited by the elements upon any property or water not owned by him or her is guilty of a Class B misdemeanor. Penalties imposed under this subsection shall be, when collected, transferred to the county treasurer where the offense occurred and placed into a fund for solid waste cleanup. This subsection shall not be construed to divert any other fines assessed and collected by the cabinet or funds available to the cabinet for the purpose of remediation of open dumps.
(11) In addition to or in lieu of the penalties set forth in this section or in KRS Chapters 532 and 534, any person found guilty of a second or subsequent offense related to littering may be ordered by the court to pick up litter for not less than four (4) hours.
(12) Any person who violates KRS 224.20-300, 224.20-310, any other provision of this chapter, or any determination, permit, administrative regulation, or order of the cabinet relating to the Asbestos Hazard Emergency Response Act of 1986 (AHERA), Public Law 99-519, as amended, shall be liable to the Commonwealth of Kentucky for a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation. Each day a violation continues shall, for purposes of this subsection, constitute a separate violation of provisions of this chapter relating to AHERA.
(13) A violation of KRS 224.50-413 shall be subject to a fifty dollar ($50) fine for each day the violation continues.
(14) Any person who removes a methamphetamine contamination notice posted under KRS 224.1-410(9) contrary to the administrative regulations governing methamphetamine contamination notice removal shall be guilty of a Class A misdemeanor.
(15) Any person who leases, rents, or sells a property that has been determined to be contaminated property under KRS 224.1-410(4) to a lessee, renter, or buyer without giving written notice that the property is a contaminated property pursuant to KRS 224.1-410(10) shall be guilty of a Class D felony.
(16) Any person who violates KRS 278.710(3), (4), or (5) may be subject to civil penalties not to exceed two thousand five hundred dollars ($2,500) per day. In determining the civil penalty to be imposed under this subsection, the cabinet shall consider all relevant circumstances including but not limited to the extent of harm or potential harm caused by the violation, the nature and duration of the violation, the number of past violations, and any corrective action taken by the merchant electric generating facility owner. If a merchant electric generating facility fails to pay any civil penalty for noncompliance under this subsection for a period of three hundred sixty-five (365) days after a final determination of the assessment of the civil penalty, or fails to post a bond or replacement bond in compliance with KRS 278.710(3), (4), or (5) within ninety (90) days of a final determination that the bond or replacement bond is required, the cabinet may order suspension of its operations until it is brought back into compliance and all civil penalties have been paid or the bond or replacement bond is posted. If after a final determination that the cabinet's order suspending operations of the facility is valid, and the merchant electric generating facility fails to bring the facility back into compliance by paying all outstanding civil penalties or posting the bond or replacement bond within ninety (90) days of that final determination, the cabinet may order the decommissioning of the facility to commence.
(17) In addition to any other penalties that may apply, any person who knowingly engages in geoengineering activities in violation of Section 3 of this Act shall be guilty of a Class D felony, and shall also be liable for a civil penalty of not less than five hundred thousand dollars ($500,000). Each day that a person knowingly engages in geoengineering activities shall constitute a separate offense.
CORRECTIONS IMPACT STATEMENT
SESSION: 24RS
BILL #: SB 217 Introduced.
BR #: 1973
BILL SPONSOR(S): Sen. A. Southworth
AMENDMENT SPONSOR(S):
TITLE: AN ACT relating to geoengineering.
Summary of Legislation
Create new sections of Subchapter 1 of KRS Chapter 224 to:
Make findings and declarations regarding the dangers of atmospheric polluting activities and the Commonwealth's authority to prohibit geoengineering.
Define terms.
Prohibit geoengineering.
Require the Department for Environmental Protection to issue a notice to any federal agency that has approved geoengineering activities that those activities cannot be lawfully carried out in the Commonwealth.
Require the department to prohibit foreign states or international bodies that engage in geoengineering from engaging in any atmospheric activities over the Commonwealth.
Require the department to publish quarterly notices in newspapers of general circulation and on its website to encourage the public to monitor and report geoengineering activities.
Allow individuals to submit evidence of geoengineering to the department.
Require any local or state official to report any information regarding suspected geoengineering activity to the department within 24 hours.
Require the department to investigate reports of excessive electromagnetic radiation or fields caused by humans.
Amend KRS 224.99-010 to make knowingly engaging in geoengineering a Class D felony and subject to a civil penalty of not less than $500,000.
Amendment
This:
☒ bill
☐ amendment
☐ committee substitute
Is expected to:
☒ Have the following Corrections impact
☐ Have no Corrections impact.
Impact Category
Selection
Creates new crime(s)
☐
Repeals existing crime(s)
☐
Increases penalty for existing crime(s)
☐
Decreases penalty for existing crime(s)
☐
Increases incarceration
☐
Decreases incarceration.
☐
Reduces inmate/offender services
☐
Increases inmate/offender services.
☐
Increases staff time or positions
☐
Reduces staff time or positions.
☐
Changes elements of the offense for existing crime(s)
☐
Otherwise impacts incarceration (Explain):
State Impact
Felony Cost Basis: Class A, B, & C felonies are based on an average daily prison rate of $116.93.
Incarceration: Community Custody Class C and most Class D felons are housed in one of seventy-four (74) full-service or regional jails for up to five (5) years.
DOC Jail Incarceration Cost: $44.97 per day, which includes $35.34 per diem, medical costs, and central office administrative costs (substance abuse treatment not included).*
Projected Impact: ☐ NONE ☒ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)
Explanation:
The legislation would likely have a minimal impact on operational costs by establishing a new Class D felony. The necessary appropriations associated with these costs require a continuation of current service funding for adult correctional institutions.
Class D Felon Cost (1 to 5 years): One (1) Class D Felon costs KY $16,414.05 to $82,070.25.
System Impact: New offenses would need to be added to the Kentucky Offender Management System, however, this level of effort would fall under the current maintenance agreement.
Local Impact
Local Responsibility: Local governments are responsible for the cost of incarcerating individuals charged with Class A or B misdemeanors and felony defendants until the disposition of the case.
Estimated Impact Basis: Based on the $44.97 cost to incarcerate for the Department of Corrections, including $35.34 per diem and medical that DOC pays jails to house felony offenders. This cost to incarcerate may not be the actual housing cost for the jail.*
Projected Impact: ☐ NONE ☒ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)
Explanation:
The legislation would likely have a minimal impact on local operational costs by establishing a new Class D felony.
Class D Felon Cost (1 to 5 years): One (1) Class D Felon costs KY $16,414.05 to $82,070.25.
Projected Impact from Amendments
Projected Impact: ☐ NONE ☐ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)
-----*All projections are based on the daily rate x 365 days x number of years. The cost to incarcerate as calculated by the Department is shown here as rounded to the hundredths. Offenders may have multiple offenses or be incarcerated on other charges unless otherwise noted. Unless otherwise noted, numbers will include inchoate offenses at the underlying offense level.
Offices Contributing to this Statement:
☒ Dept. of Corrections
☐ Dept. of Kentucky State Police
☐ Administrative Office of the Courts
☐ Parole Board
☐ Other
NOTE: Consideration should be given to the cumulative impact of all bills that increase the felon population, lengthen the term of incarceration, or impose new obligations on state or local governments.
APPROVED BY: Chief of Staff, Kentucky Department of Corrections
Date: 3/6/2024