GeoLawWatch Bill Summary

Summary of Proposed Missouri Air Conservation Statute (643.680)

The bill creates a single new section (643.680) in Missouri's air conservation statutes:

The bill bans intentionally injecting, releasing, or spreading chemicals, substances, or devices into Missouri’s air if the goal is to change temperature, weather, or sunlight levels.

Enforcement and Rulemaking

The Air Conservation Commission, created by section 643.040, is delegated enforcement authority and must set enforcement standards and guidelines. The Department of Natural Resources is authorised to develop administrative rules under the Commission’s direction.

Any rules must follow Chapter 536, Missouri’s Administrative Procedure Act. The bill also says that if legislative review powers over rules are found unconstitutional, all rulemaking authority and any regulations made after August 28, 2025, will be void.

The commission has full responsibility for enforcement, as specified through its rulemaking authority. The bill does not specify penalties or exemptions for cloud seeding, farming, or research, and does not establish a private right of action.

History

HB78 was prefiled on December 2, 2024, and received its first and second readings on January 8-9, 2025, at the start of the 103rd General Assembly's first regular session. The bill then sat without committee assignment for over four months until May 15, 2025, when it was referred to the House Emerging Issues Committee.

The delayed committee referral is procedurally unusual - most bills receive committee assignments within days of second reading. This extended limbo could reflect uncertainty about proper committee jurisdiction (the bill touches environmental regulation, agriculture, and emerging technology), strategic scheduling decisions by House leadership, or simply low priority status. Assignment to "Emerging Issues" rather than a standing committee like Agriculture or Conservation suggests leadership views this as novel policy territory. With Missouri's 2025 session scheduled to adjourn May 15, the same-day committee referral on adjournment day effectively ends the bill's prospects for 2025 unless it advances through extraordinary procedures.

Mon 02 Dec 2024 Prefiled (H)
Wed 08 Jan 2025 Read First Time (H)
Thu 09 Jan 2025 Read Second Time (H)
Thu 15 May 2025 Referred: Emerging Issues(H)

Consolidated Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 78
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE JORDAN.
AN ACT
To amend chapter 643, RSMo, by adding thereto one new section relating to air conservation.

Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 643, RSMo, is amended by adding thereto one new section, to be known as section 643.680, to read as follows:

643.680. 1. 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.

The air conservation commission of the state of Missouri established under section 643.040 shall establish standards and guidelines for the enforcement of this section.

The department of natural resources may promulgate all necessary rules and regulations for the administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2025, shall be invalid and void.

Supplementary documents

SUMMARY DOCUMENT

HB 78 -- CHEMTRAILS

SPONSOR: Jordan

This bill prohibits the intentional injection, release, or dispersion of chemicals, chemical compounds, substances, or apparatus into the atmosphere with the purpose of affecting temperature, weather, or the intensity of the sunlight. The Missouri Air Conservation Commission must establish standards and guidelines for the enforcement of the prohibition.

FISCAL NOTE

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.: 0562H.01I
Bill No.: HB 78
Subject: Department of Natural Resources; Air Quality; Environmental Protection; Lakes, Rivers and Waterways; Department of Elementary and Secondary Education
Type: Original
Date: January 13, 2025

Bill Summary: This proposal grants the Air Conservation Commission the authority to create standards and guidelines.

FISCAL SUMMARY

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED	FY 2026	FY 2027	FY 2028
Total Estimated Net Effect on General Revenue	$0	$0	$0

ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED	FY 2026	FY 2027	FY 2028
Total Estimated Net Effect on Other State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED	FY 2026	FY 2027	FY 2028
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)

FUND AFFECTED	FY 2026	FY 2027	FY 2028
Total Estimated Net Effect on FTE	0	0	0

ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED	FY 2026	FY 2027	FY 2028
Local Government	$0	$0	$0

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Natural Resources (DNR) assume the bill text at section 643.680.2 requires the Air Commission to establish standards and guidelines to prevent the intentional injection, release, or dispersion of chemicals, chemical compounds, substances, or apparatus in Missouri if it has the purpose of affecting temperature, weather, or the intensity of sunlight.

The department estimates the team member time needed to develop and move a rulemaking through the administrative process for Air Commission adoption and subsequent filing with the Secretary of State, would take about 600 hours of team member time for an Environmental Program Analyst position. This would be a one-time cost the department would intend to absorb with existing team member resources and not require any new permanent FTEs.

The department anticipates the bill's impact on air program permitting and enforcement staff would be minimal to implement the rule because the department is not aware of any activities associated with practices identified in the proposal that are currently occurring in the state.

Summary of Impact:

The 600 hours of staff time for an Environmental Program Analyst as needed to develop the rulemaking and move it through the administrative process would be a one-time cost of: $16,662 ($57,768 annual salary, not including fringe, indirect, and expense and equipment costs). The department anticipates being able to absorb these costs. However, until the FY 2026 budget is final, the department cannot identify specific funding sources.

Oversight assumes DNR is provided with core funding to handle a certain amount of activity each year. Oversight assumes DNR could absorb the costs related to this proposal. If multiple bills pass which require additional staffing and duties at substantial costs, DNR could request funding through the appropriation process.

Officials from the Missouri Department of Agriculture and Missouri Department of Conservation each assume the proposal will have no fiscal impact on their respective organizations.

Oversight notes that the above mentioned agencies have stated the proposal would not have a direct fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact on the fiscal note.

Rule Promulgation

Officials from the Joint Committee on Administrative Rules assume this proposal is not anticipated to cause a fiscal impact beyond its current appropriation.

Officials from the Office of the Secretary of State (SOS) note many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The SOS is provided with core funding to handle a certain amount of normal activity resulting from each year's legislative session. The fiscal impact for this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that this is a small amount and does not expect that additional funding would be required to meet these costs. However, the SOS also recognizes that many such bills may be passed by the General Assembly in a given year and that collectively the costs may be in excess of what the office can sustain with its core budget. Therefore, the SOS reserves the right to request funding for the cost of supporting administrative rules requirements should the need arise based on a review of the finally approved bills signed by the governor.

FISCAL IMPACT - State Government

	FY 2026 (10 Mo.)	FY 2027	FY 2028
	$0	$0	$0

FISCAL IMPACT - Local Government

	FY 2026 (10 Mo.)	FY 2027	FY 2028
	$0	$0	$0

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

FISCAL DESCRIPTION

The proposed legislation appears to have no direct fiscal impact.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Department of Natural Resources
Missouri Department of Agriculture
Missouri Department of Conservation
Office of the Secretary of State
Joint Committee on Administrative Rules

Julie Morff
Director
January 13, 2025

Jessica Harris
Assistant Director
January 13, 2025