Kentucky : 2025 Regular Session : BILL SB62
AN ACT relating to geoengineering.
Sponsor: Sen Steve Rawlings & Sen Gary Boswell & Sen Shelley Frommeyer & Sen Aaron Reed & Sen Lindsey Tichenor
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)
**Bill Summary:** This Act aims to establish regulations concerning geoengineering practices within the Commonwealth of Kentucky by creating new sections in KRS Chapter 512. The legislation identifies geoengineering, particularly solar radiation modification and related atmospheric interventions, as activities that pose significant risks to public health, the environment, agricultural operations, and economic stability. **Key Provisions:** 1. **Prohibition of Geoengineering Activities:** - The Act prohibits the manipulation of the environment through atmospheric polluting interventions, defined to include practices such as stratospheric aerosol injection, cloud seeding, and solar radiation modification. 2. **Definitions:** - Various terms are defined, such as "atmospheric contaminant," which encompasses a broad range of substances that could harm the atmosphere, and "geoengineering," referring to intentional environmental manipulation. 3. **Criminal Offenses and Penalties:** - Engaging in any form of atmospheric polluting intervention is categorized as criminal atmospheric pollution, classified as a Class D felony. The penalties include a civil fine of not less than $500,000 for violations, with each day of violation constituting a separate offense. 4. **Enforcement:** - All peace officers in the Commonwealth are empowered to enforce this Act. Furthermore, citizens are encouraged to report suspected violations to law enforcement officials. 5. **Notification to Federal Agencies:** - Should any criminal atmospheric pollution occur under federal authorization, the arresting officer must notify the relevant federal agency that such activities cannot lawfully be conducted in Kentucky. This comprehensive approach seeks to protect the environment and public health from the perceived dangers of geoengineering practices, while establishing a framework for penalties and enforcement.
History
The bill was introduced in the Senate on January 8, 2025, and subsequently referred to the Committee on Committees and then to the Appropriations and Revenue Committee. This means it is currently undergoing review where committee members will assess its provisions, possible implications, and seek feedback. The next step is for the bill to be discussed and voted on within the Appropriations and Revenue Committee; if it passes this stage, it will move forward for further debate and voting in the full Senate. The bill has not yet passed or failed as it is still in the review process.
- Wed 08 Jan 2025 introduced in Senate
- Wed 08 Jan 2025 to Committee on Committees (S)
- Fri 10 Jan 2025 to Appropriations & Revenue (S)
Bill text (Transcribed)
Kentucky : 2025 Regular Session : BILL SB62
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-----General Information
SESSION: 25RS
BILL #: SB 62 Introduced BR #: 125
BILL SPONSOR(S): Sen. S. Rawlings, S. Funke Frommeyer, L. Tichenor
AMENDMENT SPONSOR(S): (None listed)
TITLE: AN ACT relating to geoengineering.
-----Summary of Legislation
The legislation would create new sections of KRS Chapter 512 to establish findings and declarations regarding the dangers of atmospheric polluting activities and the Commonwealth's authority to prohibit geoengineering. It would define terms and make criminal atmospheric pollution a Class D felony. A person found guilty would be required to pay a civil penalty of not less than $500,000 in addition to all other penalties. Each day that a person engages in criminal atmospheric pollution constitutes a separate offense. The bill would empower all peace officers of the Commonwealth to enforce the provisions and require the arresting officer to issue a notice to the appropriate federal agency that those activities cannot be lawfully carried out in the Commonwealth.-----Corrections Impact Checklist
This bill is expected to:
Have the following Corrections impact
Creates new crime(s)
-----STATE IMPACT
Projected Impact: Minimal to Moderate (< $1 million)
Analysis: The legislation would likely have a minimal impact on operational costs at the state level by creating a new Class D Felony. The Department of Corrections (DOC) does not anticipate many convictions.
Incarceration Costs: DOC pays counties a per diem for housing Class D felons, whose sentence is 1 to 5 years. Costs are based on a daily rate of $47.43, which includes a $35.34 per diem, medical costs, and central office administrative costs.
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 (pollution and environmental harm).
-----LOCAL IMPACT
Projected Impact: Minimal to Moderate (< $1 million)
Analysis: The legislation would likely have a minimal impact on operational costs at the local level by creating a new Class D Felony. Local governments are responsible for the cost of incarcerating felony defendants until the disposition of the case.
Incarceration Costs: The estimated impact is based on the $47.43 cost to incarcerate for the DOC, including $35.34 per diem and medical that DOC pays jails to house felony offenders.
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 (pollution and environmental harm).
-----PROJECTED IMPACT FROM AMENDMENTS
Projected Impact: None
-----Approvals and Notes
Contributing Office: Dept. of Corrections
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: 1/28/2025
Fiscal statement
COMMONWEALTH OF KENTUCKY FISCAL NOTE STATEMENT-----I. Measure Details
Field
Value
SESSION
2025 Regular Session
LRC #
2025-BR125-SB62
MEASURE
Senate Bill Number 62
TITLE
AN ACT relating to geoengineering.
SPONSOR
Senator Steve Rawlings
-----II. Fiscal Summary
Impact Category
Status
STATE FISCAL IMPACT
UNCERTAIN
OTHER FISCAL STATEMENT(S)
Actuarial Analysis, Local Mandate, Corrections Impact, Health Benefit Mandate
APPROPRIATION UNIT(S) IMPACTED
Corrections
FUND(S) IMPACTED
General, Road, Federal, Restricted
-----III. Fiscal Estimates
Category
2024-2025
2025-2026
Annual Impact at Full Implementation
REVENUES
Indeterminable
Indeterminable
Indeterminable
EXPENDITURES
Indeterminable
Indeterminable
Indeterminable
NET EFFECT
(Indeterminable)
(Indeterminable)
(Indeterminable)
(Note: Parentheses ( ) indicate a decrease/negative impact.)-----IV. Purpose and ExplanationPurpose of Measure
The measure aims to create a new offense of criminal atmospheric pollution, which would be classified as a Class D felony and carry an associated $500,000 civil penalty.Fiscal Explanation
The fiscal impact of the measure is indeterminable. It could, however, increase incarceration costs for the Department of Corrections.
Sentence: Class D felons serve 1-to-5-year sentences.
Incarceration Cost: The annual cost per Class D felon is $17,313.
Civil Penalty: A convicted person would also be subject to a $500,000 civil penalty payable to the Commonwealth.
The number of offenders who may be convicted of this new offense and subject to the associated sentence and civil penalty is currently unknown.-----V. Preparer Information
Field
Value
DATA SOURCE(S)
LRC Staff; Corrections
PREPARER
Perry Papka
NOTE NUMBER
21
REVIEW
JMR
DATE
1/23/2025
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-----General Information
SESSION: 25RS
BILL #: SB 62 Introduced BR #: 125
BILL SPONSOR(S): Sen. S. Rawlings, S. Funke Frommeyer, L. Tichenor
AMENDMENT SPONSOR(S): (None listed)
TITLE: AN ACT relating to geoengineering.
-----Summary of Legislation
The legislation would create new sections of KRS Chapter 512 to establish findings and declarations regarding the dangers of atmospheric polluting activities and the Commonwealth's authority to prohibit geoengineering. It would define terms and make criminal atmospheric pollution a Class D felony. A person found guilty would be required to pay a civil penalty of not less than $500,000 in addition to all other penalties. Each day that a person engages in criminal atmospheric pollution constitutes a separate offense. The bill would empower all peace officers of the Commonwealth to enforce the provisions and require the arresting officer to issue a notice to the appropriate federal agency that those activities cannot be lawfully carried out in the Commonwealth.-----Corrections Impact Checklist
This bill is expected to:
Have the following Corrections impact
Creates new crime(s)
-----STATE IMPACT
Projected Impact: Minimal to Moderate (< $1 million)
Analysis: The legislation would likely have a minimal impact on operational costs at the state level by creating a new Class D Felony. The Department of Corrections (DOC) does not anticipate many convictions.
Incarceration Costs: DOC pays counties a per diem for housing Class D felons, whose sentence is 1 to 5 years. Costs are based on a daily rate of $47.43, which includes a $35.34 per diem, medical costs, and central office administrative costs.
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 (pollution and environmental harm).
-----LOCAL IMPACT
Projected Impact: Minimal to Moderate (< $1 million)
Analysis: The legislation would likely have a minimal impact on operational costs at the local level by creating a new Class D Felony. Local governments are responsible for the cost of incarcerating felony defendants until the disposition of the case.
Incarceration Costs: The estimated impact is based on the $47.43 cost to incarcerate for the DOC, including $35.34 per diem and medical that DOC pays jails to house felony offenders.
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 (pollution and environmental harm).
-----PROJECTED IMPACT FROM AMENDMENTS
Projected Impact: None
-----Approvals and Notes
Contributing Office: Dept. of Corrections
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: 1/28/2025
Fiscal statement
COMMONWEALTH OF KENTUCKY FISCAL NOTE STATEMENT-----I. Measure Details
Field
Value
SESSION
2025 Regular Session
LRC #
2025-BR125-SB62
MEASURE
Senate Bill Number 62
TITLE
AN ACT relating to geoengineering.
SPONSOR
Senator Steve Rawlings
-----II. Fiscal Summary
Impact Category
Status
STATE FISCAL IMPACT
UNCERTAIN
OTHER FISCAL STATEMENT(S)
Actuarial Analysis, Local Mandate, Corrections Impact, Health Benefit Mandate
APPROPRIATION UNIT(S) IMPACTED
Corrections
FUND(S) IMPACTED
General, Road, Federal, Restricted
-----III. Fiscal Estimates
Category
2024-2025
2025-2026
Annual Impact at Full Implementation
REVENUES
Indeterminable
Indeterminable
Indeterminable
EXPENDITURES
Indeterminable
Indeterminable
Indeterminable
NET EFFECT
(Indeterminable)
(Indeterminable)
(Indeterminable)
(Note: Parentheses ( ) indicate a decrease/negative impact.)-----IV. Purpose and ExplanationPurpose of Measure
The measure aims to create a new offense of criminal atmospheric pollution, which would be classified as a Class D felony and carry an associated $500,000 civil penalty.Fiscal Explanation
The fiscal impact of the measure is indeterminable. It could, however, increase incarceration costs for the Department of Corrections.
Sentence: Class D felons serve 1-to-5-year sentences.
Incarceration Cost: The annual cost per Class D felon is $17,313.
Civil Penalty: A convicted person would also be subject to a $500,000 civil penalty payable to the Commonwealth.
The number of offenders who may be convicted of this new offense and subject to the associated sentence and civil penalty is currently unknown.-----V. Preparer Information
Field
Value
DATA SOURCE(S)
LRC Staff; Corrections
PREPARER
Perry Papka
NOTE NUMBER
21
REVIEW
JMR
DATE
1/23/2025