South Carolina : 2025-2026 Regular Session : BILL S0110
Air Quality
Sponsor: Sen Rex Rice & Sen Thomas Corbin
Bill Details
Amend The South Carolina Code Of Laws By Amending Section 48-1-110, Relating In Part To Unlawful Discharges Of Air Contaminants, So As To Prohibit The Emission Of Any Air Contaminant Whose Purpose Is To Affect Temperature, Weather, Or Sunlight Intensity.
GeoLawWatch Bill Summary
Primary Prohibition:
- It is illegal in South Carolina to release chemicals, substances, or air contaminants to change temperature, weather, or sunlight.
Criminal Penalties:
- The bill does not add penalties. It updates Section 48-1-110(e) but retains penalties from Section 48-1-320.
Enforcement Mechanisms:
- There are no new enforcement methods beyond those permitted by Section 48-1-110.
- The Attorney General’s Office can take action to enforce the law.
Exemptions:
- There are no exceptions, not even for cloud seeding or similar things.
Federal Preemption Issue:
- The Department of Environmental Services lacks authority over aircraft emissions under Clean Air Act Section 233 (42 U.S.C. §7573); only the federal government has that authority.
Fiscal Impact:
- No new state spending is expected. Judicial, Attorney General, and DES can handle this with current resources.
- Revenue impact is unknown. There could be changes to the General Fund, Other Funds, and local fines, but the violations are unclear.
History
S. 110 was prefiled on December 11, 2024, making it the earliest of the five companion bills to be introduced. The bill was immediately referred to the Senate Committee on Medical Affairs, a distinctive committee assignment that sets it apart from all its companion bills. When the 2025 regular session convened on January 14, 2025, the bill was formally introduced and received its first reading, with references noted on page 74 of the Senate Journal. The bill was then re-referred to the same Medical Affairs Committee. The bill is sponsored by Senators Rice and Corbin and is listed as having four companion or similar bills in the House: H. 3083, H. 3915, H. 4010, and H. 4624. S. 110 appears to be the only Senate version among this cluster of related legislation.
The referral to the Medical Affairs Committee is particularly notable, as all the House companion bills were referred either to Agriculture, Natural Resources and Environmental Affairs or to Judiciary. This assignment suggests the Senate is approaching weather modification regulation primarily as a public health matter rather than an environmental or criminal law issue. The bill's "whereas" clauses emphasize health risks and the Department of Environmental Services' responsibility for public safety, which may have influenced the committee assignment.
On March 20, 2025, the South Carolina Revenue and Fiscal Affairs Office issued an updated fiscal impact statement addressing federal preemption concerns raised by the Department of Environmental Services. The statement notes that federal law may limit the state's ability to regulate aircraft emissions, though the bill remains under committee consideration. S. 110 currently remains in the Medical Affairs Committee where it will undergo initial review focused on health and safety considerations.
- Wed 11 Dec 2024 Prefiled
- Wed 11 Dec 2024 Referred to Committee on Medical Affairs
- Tue 14 Jan 2025 Introduced and read first time
- Tue 14 Jan 2025 Referred to Committee on Medical Affairs
Consolidated Bill Text
126th Session, 2025-2026
S. 110
General Bill
Sponsors: Senators Rice and Corbin
Companion/Similar bill(s): 3083, 3915, 4010, 4624
Summary: Air Quality
A BILL
Whereas, it is documented that the federal government or other entities acting on the federal government's behalf or at the federal government's request may conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere, and those activities may occur within the State of South Carolina; and
Whereas, the risk to human health and environmental welfare from broadscale geoengineering is currently not well understood; and
Whereas, the Department of Environmental Services is responsible for monitoring air, soil, and water quality, and regulating industrial and agricultural emissions into the air, soil, and water within the State of South Carolina to ensure the safety of the public, while not impeding agriculture or commerce within the State; and
Whereas, it is the intent of this General Assembly to protect the public health and welfare of South Carolinians while allowing all authorized activities permitted under state law. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-1-110(e) of the S.C. Code is amended to read:
(e)(1) It shall be unlawful for any person, directly or indirectly, negligently or wilfully, to discharge any air contaminant or other substance in the ambient air that shall cause an undesirable level.
(2) The intentional injection, release, dispersion, or other emission, by any means, of chemicals, chemical compounds, substances, apparatus, or other air contaminants within the borders of this State with the express purpose of affecting temperature, weather, or the intensity of the sunlight is prohibited.
SECTION 2. This act takes effect upon approval by the Governor.
Supplementary documents
FISCAL IMPACT STATEMENT - S. 110 SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE STATEMENT OF ESTIMATED FISCAL IMPACT WWW.RFA.SC.GOV - (803)734-3793 This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. Bill Number: S. 0110 Subject: Air Quality Requestor: Senate Medical Affairs RFA Analyst(s): Griffith Impact Date: March 20, 2025 - Updated for Revised Agency Response Introduced on January 14, 2025 FISCAL IMPACT SUMMARY This bill prohibits the intentional emission of air contaminants within the borders of the state with the express purpose of affecting temperature, weather, or the intensity of sunlight. The Department of Environmental Services (DES) reports that it does not have regulatory authority over emissions from aircraft. Section 233 of the Clean Air Act, 42 U.S.C. Section 7573, prohibits states from adopting or enforcing regulations on emissions of any air pollutant from any aircraft or engine. This regulatory authority is vested exclusively in the federal government. Judicial reports that implementation of the bill may result in an increase in circuit court caseloads, which can be managed using existing staff and appropriations. Therefore, the bill will result in no expenditure impact for Judicial. Additionally, this bill will have no expenditure impact on the Attorney General's Office since the agency can manage the responsibilities of the bill within the normal course of business. As this bill creates new offenses, this may result in a change to General Fund, Other Funds and local fine revenue. However, as the number of such offenses and the resulting fines and fees that might occur in a given year is unknown, the revenue impact is undetermined. This fiscal impact statement has been updated to include a revised response from DES. EXPLANATION OF FISCAL IMPACT Updated for Revised Agency Response on March 20, 2025 Introduced on January 14, 2025 STATE EXPENDITURE This bill prohibits the intentional emission of air contaminants within the borders of the state with the express purpose of affecting temperature, weather, or the intensity of sunlight. Department of Environmental Services. DES reports that it does not have regulatory authority over emissions from aircraft. Section 233 of the Clean Air Act, 42 U.S.C. Section 7573, prohibits states from adopting or enforcing regulations on emissions of any air pollutant from any aircraft or engine. This regulatory authority is vested exclusively in the federal government. This section of the fiscal impact statement has been updated to include a revised response from DES. Judicial. Judicial reports that implementation of the bill may result in an increase in circuit court caseloads, which can be managed using existing staff and appropriations. Therefore, the bill will result in no expenditure impact for Judicial. Attorney General's Office. This bill gives the Attorney General's Office the authority to bring an action to enforce the provisions of the bill. The Attorney General's Office indicates that the responsibilities in the bill can be managed within the normal course of business. Therefore, the bill will have no expenditure impact on the agency. STATE REVENUE This bill prohibits the intentional emission of air contaminants within the borders of the state with the express purpose of affecting temperature, weather, or the intensity of sunlight. This bill may result in a change in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, the Revenue and Fiscal Affairs Office (RFA) anticipates this bill may result a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court. LOCAL EXPENDITURE N/A LOCAL REVENUE This bill prohibits the intentional emission of air contaminants within the borders of the state with the express purpose of affecting temperature, weather, or the intensity of sunlight. This bill may result in a change in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in change to local revenue due to the change in fines and fees collections in court. Frank A. Rainwater, Executive Director DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT