Ohio : 2023-2024 Regular Session : BILL HB529
Enact Atmosphere Protection Act
Sponsor: Rep Tom Young & Rep Tim Barhorst & Rep Angela King & Rep Monica Robb Blasdel
Bill Details
To amend section 3704.99 and to enact sections 3704.21, 3704.22, and 3704.23 of the Revised Code to prohibit a person from engaging in solar radiation modification and to name the act the Atmosphere Protection Act.
Bill summary
HB 529 - Atmosphere Protection Act (135th General Assembly Regular Session, 2023-2024) • The bill establishes the Atmosphere Protection Act and proposes amendments to section 3704.99 and the enactment of sections 3704.21, 3704.22, and 3704.23 of the Revised Code. • It prohibits any person from engaging in solar radiation modification (SRM) in the state. • The prohibition applies regardless of the platform used, including aircraft, balloons, space-based platforms, or interoperable ground-based facilities. • SRM is defined as an experiment in the earth's climatic system that involves the release of "pollutants" and reduces the amount of sunlight reaching the earth's surface. • The definition of "pollutant" is extensive, covering aerosols, chemicals, particulates, smart dust, metals, various forms of waste, and artificially produced electric, magnetic, or electromagnetic fields, sound waves, and radiation. • The Director of Environmental Protection is required to adopt policies to encourage the public to monitor, measure, document, and report incidents that may constitute SRM or attempted SRM. • The Director must investigate reports of SRM and issue a cease-and-desist order to persons determined to be conducting or attempting to conduct the activity. • Violations of the SRM prohibition (Section 3704.22) or failure to comply with a cease-and-desist order (Section 3704.23(D)) are strict liability offenses. • Penalties for violations include a fine of not less than five hundred thousand dollars or imprisonment for not less than three years, or both, with each day of violation constituting a separate offense. • Treatment of related terms: The bill focuses solely on Solar Radiation Modification and does not explicitly address cloud seeding or contrails; SRM is treated as an activity involving the release of broadly defined pollutants.
This bill was introduced during a previous legislative session (135th General Assembly Regular Session, 2023-2024) and was sine die.
History
HB 529 received no action after being referred to the House Energy and Natural Resources Committee. No hearings, amendments, or committee votes were recorded. When the 2023–2024 Regular Session adjourned sine die on 19 December 2024, the bill expired and died in committee without advancing to the House floor.
- Wed 15 May 2024 Introduced
- Tue 21 May 2024 Referred to committee: Energy and Natural Resources
Supplementary documents
No supplementary documents available
Bill text
135th General Assembly Regular Session
H. B. No. 529 2023-2024
Representative Young, T.
Cosponsors: Representatives Barhorst, King, Robb Blasdel
A BILL
To amend section 3704.99 and to enact sections 3704.21, 3704.22, and 3704.23 of the Revised Code to prohibit a person from engaging in solar radiation modification and to name the act the Atmosphere Protection Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3704.99 be amended and sections 3704.21, 3704.22, and 3704.23 of the Revised Code be enacted to read as follows:
Sec. 3704.21. As used in sections 3704.21 to 3704.23 of the Revised Code:
(A) "Pollutant" means any aerosol; biologic, transbiologic, or genetically modified agent; chaff; metal; radioactive material; acid; alkali; chemical; particulate; contaminant; smart dust; smoke; soot; fume; vapor; air pollutant regulated by this state; mechanical vibration or other physical agent; waste, including materials that may be recycled, reconditioned, or reclaimed; solid, liquid, gaseous, or thermal irritant; or artificially produced electric field, magnetic field, electromagnetic field, electromagnetic pulse, sound wave, sound pollution, light pollution, microwave, or ionizing or nonionizing radiation.
(B) "Solar radiation modification" means an experiment in the earth's climatic system involving the release of pollutants that reduces the amount of sunlight reaching the earth's surface.
Sec. 3704.22. No person shall engage in solar radiation modification in this state, including through the use of an aircraft, balloon, space-based platform, or interoperable ground-based facility.
A violation of this section is a strict liability offense and section 2901.20 of the Revised Code does not apply.
Sec. 3704.23. (A) The director of environmental protection shall adopt policies that encourage the public to monitor, measure, document, and report present, potential, and past incidents that may constitute solar radiation modification.
(B) The director shall adopt policies and procedures to aid the public in reporting and presenting evidence of solar radiation modification or attempted solar radiation modification.
(C) The director shall investigate any report of solar radiation modification or attempted solar radiation modification.
(D) The director shall issue a cease-and-desist order to a person who the director determines is conducting or attempting to conduct solar radiation modification. No person shall fail to comply with a cease and desist order issued under this division.
A violation of this division is a strict liability offense and section 2901.20 of the Revised Code does not apply.
Sec. 3704.99. (A) Whoever recklessly violates division (A), (B), (C), (D), (E), (F), (G), or (I) of section 3704.05 or division (B)(5) of section 3704.16 of the Revised Code shall be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, for each violation. Each day the violation continues after a conviction for a violation is a separate offense.
(B) Whoever knowingly violates division (H), (J), or (K) of section 3704.05 of the Revised Code shall be fined not more than ten thousand dollars for each day of each such violation.
(C) Whoever violates section 3704.15 of the Revised Code is guilty of a misdemeanor of the first degree.
(D) Whoever violates division (B)(2) or knowingly violates division (C)(1) of section 3704.16 of the Revised Code is guilty of a minor misdemeanor.
(E) Whoever violates division (B)(1) or (3) or knowingly violates division (C)(2) or (3) of section 3704.16 of the Revised Code shall be fined not less than five hundred nor more than twenty-five hundred dollars for each day of each violation.
(F) Whoever recklessly violates division (B)(4) of section 3704.16 of the Revised Code shall be fined not more than twentyfive thousand dollars or imprisoned not more than one year, or both, for each violation. Each day the violation continues after a conviction for a violation is a separate offense.
(G) The sentencing court, in addition to the penalty provided in divisions (D), (E), and (F) of this section, shall order the offender to restore within thirty days any emission control system that was tampered with in connection with the violation or to provide proof that the motor vehicle whose emission control system was tampered with has been dismantled or destroyed. The court may extend that deadline for good cause shown. If the offender does not take the corrective action ordered under this division, each day that the violation continues is a separate offense. Violation of a court order entered under this division is punishable as contempt under Chapter 2705. of the Revised Code.
(H) Whoever violates section 3704.22 of the Revised Code or division (D) of section 3704.23 of the Revised Code shall be fined not less than five hundred thousand dollars or imprisoned not less than three years, or both, for each violation. Each day of violation constitutes a separate offense.
Section 2. That existing section 3704.99 of the Revised Code is hereby repealed.
Section 3. This act shall be known as the Atmosphere Protection Act.