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.
GeoLawWatch Bill Summary
The bill amends section 3704.99 and enacts new sections 3704.21, 3704.22, and 3704.23 of the Ohio Revised Code with the following provisions:
Prohibited Activity: In Ohio, no one may carry out solar radiation modification (SRM) using aircraft, balloons, space-based platforms, or ground-based facilities. This version does not ban cloud seeding or sunlight reflection methods. That differs from the later bill, HB 290 from 2025-2026.
Definitions: Solar radiation modification means experiments in the Earth's climate system. These experiments release pollutants to reduce surface sunlight. The bill defines "pollutant" broadly. It includes aerosols, biological agents, chemicals, electromagnetic fields, smart dust, and other materials.
Enforcement Agency: The Director of Environmental Protection, not law enforcement, is responsible for enforcement. The Director must create policies to help the public monitor, measure, document, and report SRM incidents. The agency will establish mechanisms for people to report incidents and submit evidence. It will investigate all reports of SRM or attempted SRM; if someone is found engaging in or attempting SRM, the agency issues cease-and-desist orders.
Anyone who breaks the SRM ban or ignores a cease-and-desist order faces penalties. The penalty is a fine of at least $500,000, at least three years in prison, or both, for each violation. Each day counts as a separate offence. These are strict liability offences. No proof of criminal intent is needed.
History
H.B. 529 was introduced on May 15, 2024, by Representative T. Young with three cosponsors (Representatives Barhorst, King, and Robb Blasdel). Six days later, on May 21, 2024, the bill was referred to the House Energy and Natural Resources Committee, where it remained without further action through the end of the 135th General Assembly session on December 31, 2025.
The bill died in committee at the session's end. However, Representative Young reintroduced substantially similar legislation as H.B. 290 in the 136th General Assembly (2025-2026), with an expanded scope covering cloud seeding and sunlight reflection methods, a larger roster of cosponsors (ten versus three), and a shift in enforcement authority from the Ohio EPA to the State Highway Patrol and county sheriffs.
- Wed 15 May 2024 Introduced
- Tue 21 May 2024 Referred to committee: Energy and Natural Resources
Consolidated Bill Text
REGULAR SESSION 2023-2024
H.B. No. 529
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 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.
(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.
Supplementary documents
OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research and Drafting
Legislative Budget Office
H.B. 529
135th General Assembly
Bill Analysis
Version: As Introduced
Primary Sponsor: Rep. T. Young
Reid J. Fleeson, Attorney
SUMMARY
Prohibits any person from engaging in solar radiation modification (SRM) in Ohio, including through the use of an aircraft, balloon, space-based platform, or interoperable ground-based facility.
Defines SRM as an experiment in the Earth's climatic system involving the release of pollutants that reduces the amount of sunlight reaching the Earth's surface.
Requires the Director of Environmental Protection to adopt policies and procedures regarding public monitoring and reporting of SRM, to investigate reports of SRM, and to issue cease-and-desist orders to persons determined to be conducting or attempting to conduct SRM.
Establishes a strict liability offense for engaging in SRM or violating the Director's cease-and-desist order regarding SRM, and imposes a fine of not less than $500,000, imprisonment of not less than three years, or both, for each violation.
Titles the bill as "the Atmosphere Protection Act."
DETAILED ANALYSIS
Prohibiting solar radiation modification
The bill prohibits any person from engaging in solar radiation modification (SRM) in Ohio, including through the use of an aircraft, balloon, space-based platform, or interoperable ground-based facility.
"Solar radiation modification" is defined by the bill as an experiment in the Earth's climatic system involving the release of pollutants that reduces the amount of sunlight reaching the Earth's surface. "Pollutant" is defined as 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 Ohio; 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 solution, light pollution, microwave, or ionizing or nonionizing radiation.
OEPA duties
Under the bill, The Director of Environmental Protection is required to do all of the following regarding SRM:
Adopt policies encouraging the public to monitor, measure, document, and report present, potential, and past incidents that may constitute SRM;
Adopt policies and procedures to aid the public in reporting and presenting evidence of SRM or attempted SRM;
Investigate any report of SRM or attempted SRM;
Issue a cease-and-desist order to a person who the Director determines is conducting or attempting to conduct SRM.
Penalties
A person who violates the prohibition against SRM or fails to comply with the Director's cease-and-desist order regarding SRM is to be fined not less than $500,000, imprisoned not less than three years, or both, for each violation. Each day of violation constitutes a separate offense. A violation of the bill's prohibition against SRM or failure to comply with a cease-and-desist order is a strict liability offense for which no degree of culpability is required.
Bill title
The bill is titled "the Atmosphere Protection Act."