Expired in House
Arizona : 2025 Regular Session : BILL HB2056
Geoengineering; prohibition
Sponsor: Rep Lisa Fink
Bill Details
Geoengineering; prohibition
Bill summary (AI generated)
The Core Regulatory Text (Section 49-119) The actual new law (Section 49-119) that establishes the prohibition, enforcement, and grants restriction is brief: • The Prohibition (A): Prohibits the intentional injection, release, or dispersion of chemicals, chemical compounds, substances, or apparatuses for the express purpose of affecting temperature, weather, or sunlight intensity beyond one's property. • Scope (B): Clarifies that the prohibition applies to every person, including government agencies, research projects, universities, public/private organizations, and military forces. • Grants (C): Forbids any governmental entity, including a public university, from providing grants for the development of solar radiation management technologies. • Enforcement (D): Allows any resident to file a civil action and mandates the court to award injunctive relief and reasonable attorney fees if a violation is found. • Exception (E): Provides a limited exception for water supply use, requiring a study of potential adverse impacts and public input before approval by the Director. Additional Text in the Bill The surrounding text that contributed to the length of the previous explanation includes: • Repeals: Section 2 repeals Title 45, chapter 9, Arizona Revised Statutes. • Study/Report Mandate: Section 4 requires the Director to conduct a study of all prohibited activities that have occurred, are planned, or are advocated for in the state, with a report due by January 1, 2026. • Legislative Findings (Sec. 5): The bill includes six detailed findings explaining the rationale behind the law, stating that geoengineering poses unacceptably high environmental, social, and geopolitical risks and requires public consent, which the people of the state are unwilling to offer. The findings also mention that research receives funding from sources like Arizona State University, and that Harvard has proposed to use this state as a guinea pig for such technology. In summary, while the core legal prohibition is concise, the sources support a longer explanatory summary because they contain the full text of the amendments, the specific enforcement tools, and the detailed legislative rationale underpinning the new law.
History
HB2056 was prefiled on 8 January 2025 and formally introduced in the Arizona House on 14 January. It received first and second readings and was referred to multiple House committees, including Regulatory Oversight (RO), Natural Resources, Energy & Water (NREW), and Rules. The bill advanced in the House Regulatory Oversight Committee, where it was amended and approved on 28 January 2025 by a narrow 3–2 vote. Following that action, HB2056 remained pending in the House committee process and did not proceed to additional required committee approvals, Rules clearance, or a House floor vote. When the legislature adjourned sine die on 27 June 2025, HB2056 was still unresolved in the House and therefore failed to advance further.
- Wed 08 Jan 2025 Prefile
- Tue 14 Jan 2025 Introduced in House and read first time
- Tue 14 Jan 2025 Assigned to House RO Committee
- Tue 14 Jan 2025 Assigned to House NREW Committee
- Tue 14 Jan 2025 Assigned to House RULES Committee
- Wed 15 Jan 2025 House read second time
- Tue 28 Jan 2025 House RO Committee action: Do Pass Amended, voting: (3-2-0-0-0-0)
Bill text (Transcribed)
Arizona : 2025 Regular Session : BILL HB2056
Geoengineering; prohibition
Fifty-seventh Legislature
First Regular Session
COMMITTEE ON REGULATORY OVERSIGHT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2056
(Reference to printed bill)
The bill as proposed to be amended is reprinted as follows:
Section 1. Section 45-117, Arizona Revised Statutes, is amended to read:
45-117. Water resources fund; purpose; monies held in trust
A. The water resources fund is established to be maintained in perpetuity consisting of:
1. Except as provided in section 45-113, subsection F, monies received pursuant to sections 45-113, 45-115, 45-116, 45-183, 45-273, 45-292, 45-411.01, 45-467, 45-476.01, 45-595, 45-612, 45-703, 45-871.01, 45-874.01, 45-1021, 45-1041, AND 45-1205,
2. Monies appropriated by the legislature to the water resources fund.
3. Gifts, grants and donations to the fund from any public or private source.
4. Interest and other income received from investing monies in the fund.
B. Monies in the fund are subject to legislative appropriation. Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
C. Monies in the fund shall be used exclusively by the department to carry out the purposes of this title and shall not be appropriated for any other purpose.
D. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest the monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.
E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water resources fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
Sec. 2. Repeal
Title 45, chapter 9, Arizona Revised Statutes, is repealed.
Sec. 3. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-119, to read:
49-119. Affecting temperature, weather or sunlight; prohibition; grants prohibited; action in superior court; exception
A. NOTWITHSTANDING ANY OTHER LAW, AND EXCEPT AS PROVIDED IN SUBSECTION E OF THIS SECTION, THE INTENTIONAL INJECTION, RELEASE OR DISPERSION BY ANY OTHER MEANS OF ANY OF THE FOLLOWING IN THIS STATE WITH THE EXPRESS PURPOSE OF AFFECTING TEMPERATURE, WEATHER OR THE INTENSITY OF SUNLIGHT BEYOND THE BOUNDS OF A PERSON'S OWN PROPERTY IS PROHIBITED:
1. CHEMICALS.
2. CHEMICAL COMPOUNDS.
3. SUBSTANCES.
4. APPARATUSES.
B. THIS SECTION APPLIES TO EACH PERSON IN THIS STATE, INCLUDING ALL OF THE FOLLOWING:
1. A GOVERNMENT AGENCY.
2. A RESEARCH PROJECT.
3. A UNIVERSITY.
4. A PUBLIC OR PRIVATE ORGANIZATION.
5. A MILITARY FORCE.
C. A GOVERNMENTAL ENTITY OF THIS STATE, INCLUDING ANY PUBLIC UNIVERSITY, MAY NOT PROVIDE ANY GRANTS FOR THE DEVELOPMENT OF SOLAR RADIATION MANAGEMENT TECHNOLOGIES.
D. ANY RESIDENT OF THIS STATE MAY FILE AN ACTION IN THE SUPERIOR COURT ALLEGING A VIOLATION OF THIS SECTION. IF THE COURT FINDS A VIOLATION OF THIS SECTION, THE SUPERIOR COURT SHALL AWARD INJUNCTIVE RELIEF AND REASONABLE ATTORNEY FEES TO THE PREVAILING PARTY. THE SUPERIOR COURT MAY AWARD OTHER RELIEF AS THE COURT FINDS NECESSARY.
E. THE DIRECTOR MAY AUTHORIZE A PERSON TO USE EQUIPMENT OR TECHNOLOGY TO SUPPLY THE PEOPLE OF THIS STATE WITH WATER. A PERSON THAT WISHES TO USE EQUIPMENT OR TECHNOLOGY SHALL SUBMIT A STUDY OF THE POTENTIAL ADVERSE IMPACTS TO THE ENVIRONMENT AND PUBLIC HEALTH, ALONG WITH THE PERSON'S APPLICATION. THE DIRECTOR MAY NOT APPROVE AN APPLICATION UNLESS THE DIRECTOR PRESENTS THE FINDINGS OF THE STUDY TO THE HOUSE OF REPRESENTATIVES NATURAL RESOURCES, ENERGY AND WATER COMMITTEE AND THE SENATE NATURAL RESOURCES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, AND ALLOWS FOR PUBLIC INPUT.
Sec. 4. Report
The director shall conduct a study of all activities prohibited by section 49-119, subsection A. Arizona Revised Statutes, that have occurred in this state, planned to occur before the effective date of this act or advocated for the use of in this state. On or before January 1, 2026, the director shall submit a written report on the study to the governor, president of the senate and speaker of the house of representatives and provide a copy to the sectary of state.
Sec. 5. Legislative findings
The legislature finds that:
1. Geoengineering is the deliberate large-scale manipulation of environmental processes that affects the Earth's climate in an attempt to counteract the effects of climate change. Utibe Effiong & Richard L. Neitzel, Assessing the Direct Occupational and Public Health Impacts of Solar Radiation Management with Stratospheric Aerosols, 15 ENVTL. HEALTH 7 (2016), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4717532/.
2. Geoengineering uses aerosols (small particles) or other materials to increase the reflectivity of the atmosphere, clouds or the Earth's surface. Solar Radiation Modification: NOAA State of the Science Factsheet, CLIMATE.GOV,
https://www.climate.gov/news34 features/understanding-climate/solar-radiation-modification-noaa-state35 science-factsheet (Oct. 3rd, 2024).
3. Research into the deployment of this technology receives funding from multiple sources, including Arizona state university, and Harvard has proposed to use this state as a guinea pig for such technology. LOIs on Solar Radiation Management, ASU Knowledge Enterprise Research Development,
https://funding.asu.edu/philanthropic-opportunities/lois-solar-radiation-management (last visited Jan. , 025);
James Temple, [Harvard Scientists Moving Ahead on Plans for Atmospheric Geoengineering Experiments], MIT TECH. REV. (Mar. 24, 2017),
https://www.technologyreview.com/2017/03/24/153028/harvard-scientists-moving-ahead-on-plans-for-atmospheric-geoengineering-experiments/.
4. Geoengineering poses unacceptably high environmental, social, and geopolitical risks. What Is Solar Geoengineering?, Union of Concerned Scientists, https://www.ucsusa.org/resources/what-solar-geoengineering (last visited Jan. 25, 2025).
5. Because potential adverse public health consequences from the deployment of geoengineering in our state include chronic respiratory ailments and increased cancer risk. Effiong, U., & Neitzel, R. L. (2016). Assessing the Direct Occupational and Public Health Impacts of Solar Radiation Management with Stratospheric Aerosols. 15 ENVTL. HEALTH 7. PMC4717532, the use of such technologies requires the widespread consent of the public, which the people of this state are unwilling to offer.
6. Pursuant to their Tenth Amendment right to regulate in matters of public health, and the inherent right for citizens of this state to engage in thoughtful deliberation and determine public policy by voting, the citizens of this state do not consent to the public health risks of geoengineering and it is therefore prohibited.
Enroll and engross to conform
Amend title to conform
And, as so amended, it do pass
JOSEPH CHAPLIK
CHAIRMAN
Geoengineering; prohibition
Fifty-seventh Legislature
First Regular Session
COMMITTEE ON REGULATORY OVERSIGHT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2056
(Reference to printed bill)
The bill as proposed to be amended is reprinted as follows:
Section 1. Section 45-117, Arizona Revised Statutes, is amended to read:
45-117. Water resources fund; purpose; monies held in trust
A. The water resources fund is established to be maintained in perpetuity consisting of:
1. Except as provided in section 45-113, subsection F, monies received pursuant to sections 45-113, 45-115, 45-116, 45-183, 45-273, 45-292, 45-411.01, 45-467, 45-476.01, 45-595, 45-612, 45-703, 45-871.01, 45-874.01, 45-1021, 45-1041, AND 45-1205,
2. Monies appropriated by the legislature to the water resources fund.
3. Gifts, grants and donations to the fund from any public or private source.
4. Interest and other income received from investing monies in the fund.
B. Monies in the fund are subject to legislative appropriation. Monies remaining in the fund at the end of the fiscal year remain in the fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
C. Monies in the fund shall be used exclusively by the department to carry out the purposes of this title and shall not be appropriated for any other purpose.
D. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest the monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.
E. Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water resources fund shall be held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state. This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
Sec. 2. Repeal
Title 45, chapter 9, Arizona Revised Statutes, is repealed.
Sec. 3. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-119, to read:
49-119. Affecting temperature, weather or sunlight; prohibition; grants prohibited; action in superior court; exception
A. NOTWITHSTANDING ANY OTHER LAW, AND EXCEPT AS PROVIDED IN SUBSECTION E OF THIS SECTION, THE INTENTIONAL INJECTION, RELEASE OR DISPERSION BY ANY OTHER MEANS OF ANY OF THE FOLLOWING IN THIS STATE WITH THE EXPRESS PURPOSE OF AFFECTING TEMPERATURE, WEATHER OR THE INTENSITY OF SUNLIGHT BEYOND THE BOUNDS OF A PERSON'S OWN PROPERTY IS PROHIBITED:
1. CHEMICALS.
2. CHEMICAL COMPOUNDS.
3. SUBSTANCES.
4. APPARATUSES.
B. THIS SECTION APPLIES TO EACH PERSON IN THIS STATE, INCLUDING ALL OF THE FOLLOWING:
1. A GOVERNMENT AGENCY.
2. A RESEARCH PROJECT.
3. A UNIVERSITY.
4. A PUBLIC OR PRIVATE ORGANIZATION.
5. A MILITARY FORCE.
C. A GOVERNMENTAL ENTITY OF THIS STATE, INCLUDING ANY PUBLIC UNIVERSITY, MAY NOT PROVIDE ANY GRANTS FOR THE DEVELOPMENT OF SOLAR RADIATION MANAGEMENT TECHNOLOGIES.
D. ANY RESIDENT OF THIS STATE MAY FILE AN ACTION IN THE SUPERIOR COURT ALLEGING A VIOLATION OF THIS SECTION. IF THE COURT FINDS A VIOLATION OF THIS SECTION, THE SUPERIOR COURT SHALL AWARD INJUNCTIVE RELIEF AND REASONABLE ATTORNEY FEES TO THE PREVAILING PARTY. THE SUPERIOR COURT MAY AWARD OTHER RELIEF AS THE COURT FINDS NECESSARY.
E. THE DIRECTOR MAY AUTHORIZE A PERSON TO USE EQUIPMENT OR TECHNOLOGY TO SUPPLY THE PEOPLE OF THIS STATE WITH WATER. A PERSON THAT WISHES TO USE EQUIPMENT OR TECHNOLOGY SHALL SUBMIT A STUDY OF THE POTENTIAL ADVERSE IMPACTS TO THE ENVIRONMENT AND PUBLIC HEALTH, ALONG WITH THE PERSON'S APPLICATION. THE DIRECTOR MAY NOT APPROVE AN APPLICATION UNLESS THE DIRECTOR PRESENTS THE FINDINGS OF THE STUDY TO THE HOUSE OF REPRESENTATIVES NATURAL RESOURCES, ENERGY AND WATER COMMITTEE AND THE SENATE NATURAL RESOURCES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, AND ALLOWS FOR PUBLIC INPUT.
Sec. 4. Report
The director shall conduct a study of all activities prohibited by section 49-119, subsection A. Arizona Revised Statutes, that have occurred in this state, planned to occur before the effective date of this act or advocated for the use of in this state. On or before January 1, 2026, the director shall submit a written report on the study to the governor, president of the senate and speaker of the house of representatives and provide a copy to the sectary of state.
Sec. 5. Legislative findings
The legislature finds that:
1. Geoengineering is the deliberate large-scale manipulation of environmental processes that affects the Earth's climate in an attempt to counteract the effects of climate change. Utibe Effiong & Richard L. Neitzel, Assessing the Direct Occupational and Public Health Impacts of Solar Radiation Management with Stratospheric Aerosols, 15 ENVTL. HEALTH 7 (2016), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4717532/.
2. Geoengineering uses aerosols (small particles) or other materials to increase the reflectivity of the atmosphere, clouds or the Earth's surface. Solar Radiation Modification: NOAA State of the Science Factsheet, CLIMATE.GOV,
https://www.climate.gov/news34 features/understanding-climate/solar-radiation-modification-noaa-state35 science-factsheet (Oct. 3rd, 2024).
3. Research into the deployment of this technology receives funding from multiple sources, including Arizona state university, and Harvard has proposed to use this state as a guinea pig for such technology. LOIs on Solar Radiation Management, ASU Knowledge Enterprise Research Development,
https://funding.asu.edu/philanthropic-opportunities/lois-solar-radiation-management (last visited Jan. , 025);
James Temple, [Harvard Scientists Moving Ahead on Plans for Atmospheric Geoengineering Experiments], MIT TECH. REV. (Mar. 24, 2017),
https://www.technologyreview.com/2017/03/24/153028/harvard-scientists-moving-ahead-on-plans-for-atmospheric-geoengineering-experiments/.
4. Geoengineering poses unacceptably high environmental, social, and geopolitical risks. What Is Solar Geoengineering?, Union of Concerned Scientists, https://www.ucsusa.org/resources/what-solar-geoengineering (last visited Jan. 25, 2025).
5. Because potential adverse public health consequences from the deployment of geoengineering in our state include chronic respiratory ailments and increased cancer risk. Effiong, U., & Neitzel, R. L. (2016). Assessing the Direct Occupational and Public Health Impacts of Solar Radiation Management with Stratospheric Aerosols. 15 ENVTL. HEALTH 7. PMC4717532, the use of such technologies requires the widespread consent of the public, which the people of this state are unwilling to offer.
6. Pursuant to their Tenth Amendment right to regulate in matters of public health, and the inherent right for citizens of this state to engage in thoughtful deliberation and determine public policy by voting, the citizens of this state do not consent to the public health risks of geoengineering and it is therefore prohibited.
Enroll and engross to conform
Amend title to conform
And, as so amended, it do pass
JOSEPH CHAPLIK
CHAIRMAN