Minnesota : 2023-2024 Regular Session : BILL HF4687
Harmful atmospheric activity prohibited, and penalties provided.
Sponsor: Rep Jeff Dotseth & Rep Pam Altendorf & Rep Krista Knudsen
Bill Details
Harmful atmospheric activity prohibited, and penalties provided.
Bill summary
Minnesota House File 4687 would establish a broad set of rules against certain atmospheric activities by adding a new Section 116.901 to Minnesota law. This bill goes much further than most weather modification bans, with detailed enforcement steps and ways for citizens to report violations.
To clarify which practices are affected, the bill lists activities that are not allowed, including using unmarked or unidentified aircraft, vehicles, or facilities for specific actions:
- The bill makes it illegal to try to change the weather, use chemicals to create rain or snow, or release substances in the upper atmosphere that could harm people or the environment.
- Excessive electromagnetic radiation is considered harmful to people and the environment.
- Any activity that pollutes the atmosphere
Essential terms in the bill include:
- "Cloud-seeding" means spreading chemicals, like silver iodide, potassium iodide, or dry ice, into clouds to encourage rain.
- 'Stratospheric aerosol injection' is releasing small particles, such as sulfates, into the upper atmosphere to reflect sunlight away and lower Earth's temperature.
- 'Weather-engineering' means trying to deliberately change or control weather conditions using various technologies or chemicals.
- 'Xenobiotic' refers to a substance that is foreign to a living body or environment, meaning it does not naturally occur there.
- The term "aircraft" in the bill also includes drones, which are remotely operated flying devices.
Enforcement of these bans is explicitly addressed: violations are felonies with a $500,000 fine, one of the harshest penalties for weather modification in the state.
Citizen Reporting System: The bill establishes a detailed process for the public to report suspected activities to county sheriffs or the Pollution Control Agency Commissioner. People can provide the following types of evidence:
- Evidence can include: Dated, time-stamped photographs showing the location and direction of snow; sound recordings; microscope checks; light analysis tests; or sensor readings.
- Videos showing emissions being released
- Audio recordings and measurement data
Required steps for investigations:
- County sheriffs must investigate credible reports and may report them to the Attorney General.
- The Commissioner and sheriffs must encourage public monitoring and reporting of suspected activities.
- When they receive evidence, the Commissioner or sheriff must investigate thoroughly, without restrictions.
- Within 2 hours of receiving a report with evidence, officials must take emergency action and use calibrated meters at the location mentioned. The Commissioner must report suspected activity to the county sheriff.
Authority to order activities to stop:
- The Commissioner or sheriff must immediately issue cease-and-desist orders upon evidence of harmful polluting emissions.
- These orders have the same authority as court orders.
- The governor can ask the Minnesota National Guard to help identify and notify aircraft that are releasing emissions.
- Aircraft must be told to land at the closest airport so they can be investigated.
- The Governor may request the Pollution Control Agency to conduct environmental studies.
The bill also sets specific limits for electromagnetic radiation, including:
- Radio frequency/microwave: extreme-low-frequency alternating current electric fields in excess of 1 volt per 25 meters;
- Magnetic fields: over one milligauss
- Ionising radiation: more than 0.02 millisievert per hour
- The bill also covers harmful lasers, vibrations, noise, sonic weapons, or other physical agents.
Records Production Requirements: Owners or operators of facilities, aircraft, or towers must provide operational records upon request. If xenobiotic agents or harmful radiation are involved, operations must stop immediately, and this must be confirmed within 24 hours.
Federal Override Provision: The bill uses the Tenth Amendment to claim state authority over activities approved by the federal government. If the federal government, foreign countries, or international groups approve harmful activities, the Commissioner or the sheriff must notify them that such actions are not permitted in Minnesota. This rule applies to government agencies, universities, public and private groups, and the military.
Unusual Provisions: This bill stands out for several reasons. It establishes one of the most detailed citizen science and reporting programs for weather modification laws, sets precise limits on electromagnetic radiation, and claims state authority over federal, foreign, and international actions. It also requires emergency responses within hours and covers more than just weather modification, including electromagnetic radiation, vibrations, and other physical agents. The bill is unique in requiring officials to encourage public monitoring and to work with universities for expert testimony if needed.
History
House File 4687 was introduced on March 7, 2024, during Minnesota's 2024 regular legislative session, which ran from January 14 through May 19, 2024. The bill received its first reading on the same day and was immediately referred to the House Committee on Environment and Natural Resources Finance and Policy. Representatives Dotseth, Altendorf, and Knudsen initially authored the bill. The bill saw several authorship changes during the session: Representative Gillman was added as an author on March 20, 2024; Representative Knudsen was added on April 2, 2024 (though already listed as an initial author); and Representative Gillman was stricken as an author on April 11, 2024. The withdrawal of authorship can signal concerns about a bill's content or political considerations. The bill saw no further action during the 2024 session. This House bill is a companion to Senate File 4630, which was introduced on the same day with identical language. Importantly, Minnesota does not have carryover provisions between biennia. Since HF 4687 was introduced during the 2023-2024 biennium and the 2024 session has adjourned, this bill is now dead. It cannot carry over to the 2025-2026 biennium. The much simpler language appearing in HF 2310 and SF 2462 in 2025 suggests the sponsors recognised that the 2024 bills' expansive approach may have been too ambitious and opted for a more streamlined prohibition in the new biennium.
- Thu 07 Mar 2024 Introduction and first reading, referred to Environment and Natural Resources Finance and Policy
- Wed 20 Mar 2024 Author added Gillman
- Tue 02 Apr 2024 Author added Knudsen
- Thu 11 Apr 2024 Author stricken Gillman
Supplementary documents
No supplementary documents available
Bill text
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [116.901] HARMFUL ATMOSPHERIC ACTIVITY.
Subdivision 1. Definitions. In this section, the following terms have the meanings given:
(1) "aircraft" has the meaning given in section 360.511 and includes a drone;
(2) "cloud-seeding" means a type of weather modification that attempts to change the amount or type of precipitation by dispersing chemicals such as silver iodide, potassium iodide, and dry ice into the air by means of aircraft or ground generators;
(3) "stratospheric aerosol injection" means a method of solar radiation modification that introduces aerosols into the stratosphere to create a cooling effect by reducing the amount of sunlight reaching the earth, mimicking what happens naturally during a volcanic eruption;
(4) "weather-engineering" means altering or manipulating the weather; and
(5) "xenobiotic" means foreign to the body or to an ecological system.
Subd. 2. Prohibition; penalty. (a) A person may not engage in a polluting atmospheric activity or use an unmarked or unidentified aircraft or other vehicle or facility:
(1) for weather-engineering, cloud-seeding, stratospheric aerosol injection, or other atmospheric activity that is harmful to humans or the environment; or
(2) to produce excessive electromagnetic radiation that is harmful to humans or the environment.
(b) A person who violates this subdivision is guilty of a felony and subject to a fine of $500,000.
Subd. 3. Citizen reporting; investigative requirements. (a) A person may report an aircraft, facility, or other delivery system used for suspected weather-engineering, cloud-seeding, or any atmospheric experimentation involving the release of polluting emissions to the county sheriff's office in the county in which the activity was observed or suspected. If the county sheriff finds the reported evidence credible, the sheriff must investigate further and may report supporting evidence of prohibited activity to the attorney general.
(b) The commissioner and each county sheriff must encourage the public to monitor, measure, document, and report incidents that may constitute cloud-seeding, stratospheric aerosol injection, weather-engineering, or other polluting atmospheric activities. A person with evidence of a polluting atmospheric activity may report by email or in writing to the commissioner or the county sheriff by submitting:
(1) evidentiary photographs, each separately titled as an electronic or hardcopy document, specifying the date, time, and location where taken and, if the content is from other than a measuring device, the compass direction in which the photo was taken;
(2) independent precipitation analysis reports, audiography, microscopy, spectrometry, metering, and other forms of evidence; or
(3) videography of activity involving a release of polluting atmospheric emissions.
(c) If the commissioner has reason to suspect prohibited activity based on evidence submitted under this subdivision, the commissioner must report in writing within 24 hours all documentary and supportive evidence to the county sheriff for enforcement. The county sheriff may request assistance from state law enforcement to investigate possible prohibited activity. Upon request of a county sheriff, the commissioner must provide technical assistance and analysis of pollutants as needed.
(d) If a report is made to the commissioner or a county sheriff under this subdivision that alleges polluting atmospheric emissions, the commissioner or county sheriff must investigate the source and contents of the emissions, without limitation. If the emissions are harmful to humans or the environment, as demonstrated by a primary scientific source, the county sheriff must take enforcement actions according to this section.
(e) Within two hours of receiving a report under this subdivision with evidence, including photography, videography, audio recordings, measurements of the agents, or other detection, that alleges an activity specified under clause (1) or (2), the commissioner or county sheriff must take emergency measurements of peaks and averages over time with the appropriate calibrated meter and forensic detection devices at the reported location:
(1) excessive electromagnetic radiation or fields in any part of the spectrum, including without limitation microwave or maser, infrared light or laser, or ionizing or nonionizing radiation; or
(2) intense mechanical vibration, noise, or other physical agent.
(f) When professional metering and monitoring equipment or expertise is needed under paragraph (e) but not otherwise available to the state or county, the commissioner or county sheriff must partner with state universities or colleges to investigate, so as to provide evidentiary findings that would qualify as scientific expert testimony.
Subd. 4. Enforcement actions. (a) Except as provided in subdivisions 5 and 6, the commissioner or the sheriff in the county where reported must immediately issue a cease-and-desist order for weather-engineering, cloud-seeding, or any other polluting atmospheric activity when a person produces evidence to the commissioner or sheriff that the activity involves a harmful polluting emission. The cease-and-desist order has the weight of a court order and any violation is punishable under law.
(b) The governor may call upon the adjutant general of the Minnesota National Guard to identify and notify any aircraft or facility releasing aerosol emissions, electromagnetic radiation, or other pollutants into the atmosphere that they must cease and desist. Any aircraft must be ordered to land at the nearest available airport to be investigated for prohibited activity. The governor may call upon state law enforcement to investigate instances that may be in violation of this section.
(c) The governor may call upon the Pollution Control Agency for environmental studies to investigate if and what chemicals may have been dispersed in violation of this section.
Subd. 5. Enforcement; xenobiotic agents and radiation. When information is received that alleges weather-engineering or other atmospheric experimentation that involves releasing xenobiotic agents or producing electromagnetic radiation at harmful levels, the commissioner or the sheriff in the county where reported must:
(1) immediately require the owner or operator of the facility, aircraft, or other vehicle releasing or producing the specific agent to produce records of the operations of any site where xenobiotic agents or radiation have been detected and to convey the records to the commissioner or sheriff;
(2) immediately order the owner or operator to cease operations of the facility, aircraft, or other vehicle; and
(3) within 24 hours, verify that the owner or operator has stopped all operations that release xenobiotic agents or produce electromagnetic radiation.
Subd. 6. Enforcement; electromagnetic disturbances. (a) The commissioner or sheriff must immediately require the owner or operator of each tower, antenna, other facility or infrastructure to produce records of the extant operations at sites where excessive xenobiotic electromagnetism and fields, mechanical vibration, or other physical agents are, or have been detected, specifically:
(1) radio frequency or microwave radiation, including maser, of signal strength metered at the reported, publicly accessible location in excess of negative 85 dBm for any frequency or channel band specified by a transmitting entity's FCC transmission license;
(2) extreme-low-frequency alternating current electric fields in
excess of 1 volt per 25 meters;
(3) magnetic fields in excess of one milligauss;
(4) ionizing radiation in excess of 0.02 millisievert per hour;
(5) laser or other light with harmful effects; or
(6) any vibration, noise, laser, sonic weapon, or other physical agent exceeding building or biology guidelines.
(b) The owner or operator must convey the records to the commissioner or sheriff within 24 hours.
(c) The commissioner or sheriff must:
(1) immediately order a cessation of operations of all antennas and other deployments of energy or vibration emitted from the measured structure or facility;
(2) within 24 hours, verify that the owner or operator has stopped all operations of antennas and other deployments of energy or vibration; and
(3) refer suspected criminal activity to the attorney general for prosecution.
Subd. 7. Enforcement; federal activity. When an activity that the commissioner or any sheriff has deemed harmful according to this section has been approved, explicitly or implicitly, by the federal government, a foreign state, or an international body, the commissioner or the sheriff must issue a notice to the appropriate federal agency, foreign state, or international body that the harmful activity cannot lawfully be carried out within or over the state, pursuant to the Tenth Amendment of the United States Constitution. Government agencies or projects, universities, public or private entities, and armed forces operating within or above the state must comply with this section.