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Kentucky : 2025 Regular Session : BILL  HB22

AN ACT relating to geoengineering.

Sponsor: Rep John Hodgson & Rep Emily Callaway & Rep Josh Calloway & Rep Jennifer Henson Decker & Rep Marianne Proctor & Rep T.J. Roberts & Rep Nancy Tate & Rep Walker Thomas & Rep Timmy Truett & Rep Wade Williams

Bill Details

Create new sections of KRS Chapter 512 to make findings and declarations regarding the dangers of atmospheric polluting activities and the Commonwealth's authority to prohibit geoengineering; define terms; make criminal atmospheric pollution a Class D felony; require that a person found guilty of criminal atmospheric pollution pay a civil penalty of not less than $500,000 in addition to all other penalties authorized by law; provide that each day that a person engages in criminal atmospheric pollution constitutes a separate offense; empower all peace officers of the Commonwealth to enforce the provisions of the section; require the arresting officer to issue a notice to the appropriate federal agency that those activities cannot be lawfully carried out in the Commonwealth.

Bill summary (AI generated)

Clauses of the Proposed Law This bill shifts the legal framework to KRS Chapter 512 (penal code related to criminal damage) and introduces the concept of "Criminal atmospheric pollution".
• Findings: It cites World Meteorological Organization guidelines regarding the uncertainty of weather modification and declares that citizens do not consent to these activities.
• Definitions:
    ◦ "Atmospheric polluting intervention" is defined to include stratospheric aerosol injection, cloud seeding, and solar radiation modification.
    ◦ "Solar radiation modification" is explicitly defined as an experiment involving the release of contaminants to reduce sunlight reaching the earth.
    ◦ "Atmospheric contaminant" continues to exclude engine exhaust from aircraft using unadulterated certified aviation fuel.
• Criminal Offence: A person is guilty of "criminal atmospheric pollution" if they intentionally or wantonly engage in any atmospheric polluting intervention.
• Policing: All peace officers in the Commonwealth are empowered to enforce this section, and citizens may make complaints directly to law enforcement.
• Federal Notice: Upon arrest, the officer must notify appropriate federal agencies that the activity is unlawful in the Commonwealth.
Enforcement and Penalties
• Criminal: "Criminal atmospheric pollution" is classified as a Class D felony.
• Civil: In addition to other penalties, the offender must pay a civil penalty of not less than $500,000.
• Frequency: Each day the activity occurs is considered a separate offence.

History

The bill was introduced in the House on January 7, 2025, and was subsequently referred to the Committee on Committees before moving to the Judiciary Committee on February 4, 2025. This progression indicates that the bill is still active and in the early stages of consideration. The next steps involve further discussions and possible amendments within the Judiciary Committee, followed by votes if it moves forward. At this stage, the bill has not passed or failed, as it remains under review.
  • Tue 07 Jan 2025 introduced in House
  • Tue 07 Jan 2025 to Committee on Committees (H)
  • Tue 04 Feb 2025 to Judiciary (H)

Bill text (Transcribed)

Kentucky : 2025 Regular Session : BILL HB22
AN ACT relating to geoengineering.

AN ACT relating to geoengineering.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. A NEW SECTION OF KRS CHAPTER 512 IS CREATED TO READ AS FOLLOWS:

The General Assembly hereby finds and declares that:

(1) Geoengineering, including but not limited to solar radiation modification, weather modification, stratospheric aerosol injection, and other forms of atmospheric polluting intervention:
(a) Endangers human health and safety and the environment;
(b) Threatens air, water, soil, and wildlife resources;
(c) Disrupts agricultural operations; and
(d) Potentially interferes with aviation, state security, and the economy of the Commonwealth;

(2) Pursuant to the Tenth Amendment of the Constitution of the United States and the inherent right for Kentucky citizens to engage in thoughtful deliberation and determine public policy by voting, the citizens of the Commonwealth do not consent to any unconstitutional actions or efforts made by the federal government or international bodies that release atmospheric contaminants into the Commonwealth's atmosphere through geoengineering, solar radiation modification, cloud seeding, weather modification, or any other means;

(3) As recognized by the World Meteorological Organization in guidelines it adopted in 2017, weather modification activities should not be undertaken without considering the high levels of uncertainty involved and the potential harm that could result; and

(4) To preserve the safe and healthful uses of the Commonwealth's atmosphere for its people, environment, wildlife, and agriculture, and to improve beneficial climate efforts, it is necessary to prohibit geoengineering, including but not limited to solar radiation modification, and to provide for enforcement and penalties for violative activities.

SECTION 2. A NEW SECTION OF KRS CHAPTER 512 IS CREATED TO READ AS FOLLOWS:

As used in Sections 1 to 3 of this Act:

(1) "Artificial intelligence" means systems or machines that mimic human intelligence to perform tasks and that can iteratively improve themselves based on the information they collect;

(2) (a) "Atmospheric contaminant" means any type of aerosol, biological, nonbiological, or hazardous agent, chaff, chemical, chemical compound, genetically modified agent, metal, radioactive material, substance, vapor, electromagnetic radiation or field, mechanical vibration, particulate of any size, or any air pollutant regulated by the Commonwealth, and any combination thereof.
(b) "Atmospheric contaminant" does not include engine exhaust from an aircraft using unadulterated certified aviation fuel;

(3) "Atmospheric polluting intervention" means any manipulation or interference with earth's natural systems or processes by altering atmospheric or environmental conditions, including but not limited to:
(a) Stratospheric aerosol injection;
(b) Cloud seeding;
(c) Solar radiation modification; and
(d) The release of an atmospheric contaminant by any human, or by artificial intelligence, or any combination thereof, that occurs in the atmosphere and that may have harmful consequences on human health, the environment, or agriculture;

(4) "Chaff" means aluminum-coated silica glass fibers, typically dispersed in bundles containing millions of inhalable fibers, which break apart and fall to the ground;

(5) "Cloud seeding" means a type of weather modification that attempts to change the amount or type of precipitation from a cloud by dispersing any one (1) or more atmospheric contaminants into the air;

(6) "Geoengineering" means the intentional manipulation of the environment, through an atmospheric polluting intervention, to effect changes to the earth's atmosphere or surface, including but not limited to the practices of weather modification, solar radiation modification, stratospheric aerosol injection, and cloud seeding;

(7) "Hazardous" means a substance, apparatus, activity, or physical agent that by its nature is harmful to living organisms, property, or any other valuable interest;

(8) "Person" means any natural person, trust, firm, joint stock company, corporation, quasi-governmental corporation, nongovernmental organization, public or private partnership, association, syndicate, club, college, university, any agency, subdivision, or instrumentality of federal, state, or local government, or any interstate or international governance body;

(9) "Physical agent" means a source of energy that may cause injury through excessive exposure, including but not limited to radiofrequency, microwave, and other electromagnetic radiation and fields, barometric pressure, temperature, gravity, mechanical vibration, and sound;

(10) "Release" means any activity that results in the issuance of atmospheric contaminants such as the emitting, transmitting, discharging, or injecting of one (1) or more nuclear, biological, chemical, or physical agents into the ambient atmosphere, whether once, intermittently, or continuously;

(11) "Solar radiation modification" means an experiment in the earth's climatic system involving the release of atmospheric contaminants that reduce the amount of sunlight reaching the earth's surface through the use of interoperable ground-based, airborne, space-based, or other facilities;

(12) "Stratospheric aerosol injection" means the release of reflective sulfate or other aerosol substances in the stratosphere by high altitude planes, balloons, high-altitude blimps, artillery, or any other means; and

(13) "Weather modification" means the changing, controlling, or interfering with or attempting to change, control, or interfere with the natural development of cloud forms, precipitation, barometric pressure, temperature, conductivity or other electromagnetic or sonic characteristics of the atmosphere.

SECTION 3. A NEW SECTION OF KRS CHAPTER 512 IS CREATED TO READ AS FOLLOWS:

(1) A person is guilty of criminal atmospheric pollution when he or she intentionally or wantonly engages in any atmospheric polluting intervention.

(2) Criminal atmospheric pollution shall be a Class D felony. Notwithstanding KRS 534.030 and 534.050, and in addition to any other penalties that may apply, a person guilty of criminal atmospheric pollution shall pay a civil penalty of not less than five hundred thousand dollars ($500,000). Each day that a person engages in criminal atmospheric pollution shall be considered a separate offense.

(3) All peace officers of the Commonwealth shall enforce the requirements of this section, and a citizen may make a complaint to any peace officer or local law enforcement official relating to any suspected violation of this section.

(4) If any criminal atmospheric pollution has been approved, explicitly or implicitly, by a federal government agency or official, the arresting officer shall issue a notice to the appropriate federal agency or official that the criminal atmospheric pollution intervention cannot lawfully be carried out within or over the Commonwealth.




-----CORRECTIONS IMPACT STATEMENT

SESSION: 25RS BILL #: HB 22 Introduced BR #: 912

BILL SPONSOR(S): Rep. J. Hodgson, E. Callaway, J. Calloway, T. Roberts

AMENDMENT SPONSOR(S):

TITLE: AN ACT relating to geoengineering.

SUMMARY OF LEGISLATION:
Create new sections of KRS Chapter 512 to make findings and declarations regarding the dangers of atmospheric polluting activities and the Commonwealth's authority to prohibit geoengineering; define terms; make criminal atmospheric pollution a Class D felony; require that a person found guilty of criminal atmospheric pollution pay a civil penalty of not less than $500,000 in addition to all other penalties authorized by law; provide that each day that a person engages in criminal atmospheric pollution constitutes a separate offense; empower all peace officers of the Commonwealth to enforce the provisions of the section; require the arresting officer to issue a notice to the appropriate federal agency that those activities cannot be lawfully carried out in the Commonwealth.

AMENDMENT:
This ☑ bill ☐ amendment ☐ committee substitute is expected to:

☑ Have the following Corrections impact ☐ Have no Corrections impact.
☑ Creates new crime(s) ☐ Repeals existing crime(s)
☐ Increases penalty for existing crime(s) ☐ Decreases penalty for existing crime(s)
☐ Increases incarceration ☐ Decreases incarceration.
☐ Reduces inmate/offender services ☐ Increases inmate/offender services.
☐ Increases staff time or positions ☐ Reduces staff time or positions.
☐ Changes elements of the offense for existing crime(s)
☐ Otherwise impacts incarceration (Explain):
STATE IMPACT
Felony Cost Basis: Class A, B, & C felonies are based on an average daily prison rate of $122.84.
Housing: Community Custody Class C and most Class D felons are housed in one of seventy-four (74) full-service or regional jails for up to five (5) years.
DOC Incarceration Cost: Department of Corrections cost to incarcerate a felony inmate in jail is $47.43 per day, which includes $35.34 per diem, medical costs, and central office administrative costs (substance abuse treatment not included).
Projected Impact: ☐ NONE ☑ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)
The legislation would likely have a minimal impact on operational costs at the state level by creating a new Class D Felony. However, DOC does not anticipate many convictions.
Class D felons are housed in a county jail, and DOC pays counties a per diem for housing those inmates. A Class D Felony sentence is 1 to 5 years.
One (1) Class D Felon costs KY $17,313.27 to $86,566.34.
Ten (10) Class D Felons cost KY $173,132.67 to $865,663.37.
One hundred (100) Class D Felons cost KY $1,731,326.74 to $8,656,633.71.
Related Offenses Data (KRS Chapter 512): There are currently 1,103 inmates in custody and 3,116 offenders on supervision for other offenses related to KRS Chapter 512 which covers crimes related to pollution and environmental harm. The population statistics are being provided to offer a reference for the number of offenders who commit similar crimes.
Source Data: Population counts and offender data are sourced from the Kentucky Offender Management System (KOMS). Cost to Incarcerate can be found on corrections.ky.gov/public-information.
LOCAL IMPACT
Local Responsibility: Local governments are responsible for the cost of incarcerating individuals charged with Class A or B misdemeanors and felony defendants until the disposition of the case.
Estimated Impact Basis: The estimated impact will be based on the $47.43 cost to incarcerate for the Department of Corrections, including $35.34 per diem and medical that DOC pays jails to house felony offenders. This cost to incarcerate may not be the actual housing cost for the jail.
Projected Impact: ☐ NONE ☑ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)
The legislation would likely have a minimal impact on operational costs at the local level by creating a new Class D Felony. However, there is not expected to be many convictions.
Class D felons are housed in a county jail, and DOC pays counties a per diem for housing those inmates. A Class D Felony sentence is 1 to 5 years.
One (1) Class D Felon costs KY $17,313.27 to $86,566.34.
Ten (10) Class D Felons cost KY $173,132.67 to $865,663.37.
One hundred (100) Class D Felons cost KY $1,731,326.74 to $8,656,633.71.
Related Offenses Data (KRS Chapter 512): There are currently 1,103 inmates in custody and 3,116 offenders on supervision for other offenses related to KRS Chapter 512 which covers crimes related to pollution and environmental harm. The population statistics are being provided to offer a reference for the number of offenders who commit similar crimes.
Source Data: Population counts and offender data are sourced from the Kentucky Offender Management System (KOMS). Cost to Incarcerate can be found on corrections.ky.gov/public-information.
PROJECTED IMPACT FROM AMENDMENTS: ☐ NONE ☐ MINIMAL to MODERATE (< $1 million) ☐ SIGNIFICANT (> $1 million)

Note on Projections: All projections are based on the daily rate x 365 days x number of years. The cost to incarcerate as calculated by the Department is shown here as rounded to the hundredths. Offenders may have multiple offenses or be incarcerated on other charges unless otherwise noted. Unless otherwise noted, numbers will include inchoate offenses at the underlying offense level.

Contributing Offices:
☑ Dept. of Corrections ☐ Dept. of Kentucky State Police ☐ Administrative Office of the Courts ☐ Parole Board ☐ Other

NOTE: Consideration should be given to the cumulative impact of all bills that increase the felon population, lengthen the term of incarceration, or impose new obligations on state or local governments.

APPROVED BY:
Commissioner, Kentucky Department of Corrections
Date: 2/5/2025
1904666