Indiana : 2025 Regular Session : BILL HB1335
Weather control.
Sponsor: Rep Lorissa Sweet & Rep Lindsay Patterson
Bill Details
Weather control. Prohibits a person who has the intent of affecting the intensity of sunlight, temperature, or weather from discharging a chemical or apparatus into the atmosphere, except in certain circumstances. Establishes that a violation is a Class B misdemeanor.
Bill summary (AI generated)
Introduction: Authored by Representative Sweet, HB1335 sought to amend the Indiana Code concerning environmental law by adding a new chapter titled "Weather Control". The bill proposed a prohibition against any person discharging a chemical or apparatus into the atmosphere with the specific intent of affecting the intensity of sunlight, temperature, or the weather. The legislation included an exemption for misting devices or other temperature regulation equipment used to warm or cool individuals on the same premises as the device. Enforcement: Under HB1335, a violation of this prohibition would be classified as a Class B misdemeanor. According to the fiscal impact statement, a Class B misdemeanor is punishable by up to 180 days in jail and a maximum fine of $1,000.
History
The bill was filed in November 2024 and has gone through several legislative stages. It was coauthored and authored by Representatives Patterson and Sweet, then referred to the Committee on Environmental Affairs in January 2025 for initial review. Since then, it has passed through the Environment and Natural Resources Committee and is now in the Appropriations Committee on Agriculture, Environment, and General Government, scheduled for further discussion. What happens next will depend on the outcome of the Appropriations Committee meeting, where they will consider the bill further; if it passes, it will move on to the next stages of debate and possible voting.
- Mon 13 Jan 2025 Coauthored by Representative Patterson
- Mon 13 Jan 2025 Authored by Representative Sweet
- Mon 13 Jan 2025 First reading: referred to Committee on Environmental Affairs
Bill text (Transcribed)
Indiana : 2025 Regular Session : BILL HB1335
Weather control.
Introduced Version
HOUSE BILL No. 1335
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-17-16; IC 13-30-10-1.5.
Synopsis: Weather control. Prohibits a person who has the intent of affecting the intensity of sunlight, temperature, or weather from discharging a chemical or apparatus into the atmosphere, except in certain circumstances. Establishes that a violation is a Class B Misdemeanor.
HOUSE BILL No. 1335
A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 13-17-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Chapter 16. Weather Control
Sec. 1. This chapter does not apply to a person who operates a misting device or other temperature regulation device to warm or cool individuals on the same premises as the device.
Sec. 2. A person may not, with the intent of affecting the intensity of sunlight, temperature, or weather, discharge a chemical or apparatus into the atmosphere.
SECTION 2. IC 13-30-10-1.5, AS AMENDED BY P.L.181-2018, SECTION14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Sec. 1.5. (a) Except as provided in subsection (b), a person regulated under IC 13-22 who knowingly:
transports hazardous waste to an unpermitted facility;
treats,stores, or disposes of hazardous waste without a permit issued by the department under IC 13-22; or
transports, treats, stores, disposes, recycles, or causes to be transported used oil regulated under rules adopted by the board without a manifest or in violation of the standards established by the department for the management of used oil; commits a Class B misdemeanor.
(b) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (a) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.
(c) Except as provided in subsection (d), a person regulated under IC 13-17 who knowingly violates:
any applicable requirements of IC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-7, IC 13-17-8, IC 13-17-9, IC 13-17-10, or IC 13-17-13 or of rules of the board implementing the chapters referred to in this subdivision;
any condition of a permit issued by the department under IC 13-17; or
any fee or filing requirement in IC 13-17, including the requirement to file an application for a permit under IC 13-17; commits a Class C misdemeanor.
(d) Notwithstanding the maximum fine provisions of IC 35-50-3-4, criminal fines for a person convicted of an offense described in subsection (c) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.
(e) Except as provided in subsection (f), a person who willfully or negligently violates:
any applicable standards or limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-12, IC 13-18-14, IC 13-18-15, or IC 13-18-16 or of rules of the board implementing the chapters referred to in this subdivision;
any condition of a National Pollutant Discharge Elimination System permit issued by the department under IC 13-18-19 or rules adopted by the board under IC 13-18-19;
any National Pollutant Discharge Elimination System Permit filing requirement under IC 13-18-19; or
any condition of a permit issued by the department in accordance with the requirements of 33 U.S.C. 1344; commits a Class A misdemeanor.
(f) Notwithstanding the maximum fine provisions of IC 35-50-3-2, criminal fines for a person convicted of an offense described in subsection (e) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.
(g) A person who willfully or recklessly violates any applicable standards or limitations of IC13-18-8 commits a Class B misdemeanour.
(h) A person who willfully or recklessly violates any applicable standards or limitations of IC 13-18-9, IC 13-18-10, or IC 13-18-10.5commits a Class C misdemeanor.
(i) A person who:
knowinglycommits anyact described in subsection (a),(c), or(e); and
knows that commission of the act places another person in imminent danger of death or serious bodily injury; commits a Level 4 felony. However, the offense is a Level 3 felony if it results in serious bodily injury to any person, and a Level 2 felony if it results in the death of any person.
(j) Itshall be a defense to an offense described in subsection (i) that
the person charged:
did not know; or
could not reasonably have been expected to know; that the violation would place another person in imminent danger or threat of serious bodily injury.
For the purposes of subsection (i), a person is responsible only for the person's own actual awareness or actual belief, and knowledge by another person may not be attributed to the person.
(k) A person who violates IC 13-17-16-2 commits a Class B misdemeanor.
(l) The penalties under this section apply regardless of whether a person uses electronic submissions or paper documents to accomplish the actions described in this section.
LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
NOTE PREPARED: Dec 3, 2024
BILL NUMBER: HB 1335
SUBJECT: Weather Control.
FIRST AUTHOR: Rep. Sweet BILL
FUNDS AFFECTED: X GENERAL X DEDICATED
IMPACT: State & Local
Summary of Legislation: This bill prohibits a person who has the intent of affecting the intensity of sunlight, temperature, or weather from discharging a chemical or apparatus into the atmosphere, except in certain circumstances. It also establishes that a violation is a Class B misdemeanor.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues: The bill provides that a person who discharges a chemical or apparatus into the atmosphere with the intent of affecting the intensity of sunlight, temperature, or weather commits a Class B misdemeanor. If additional court cases occur and fines are collected, revenue to both the Common School Fund and the state General Fund would increase. The maximum fine for a Class B misdemeanor is $1,000. Criminal fines are deposited in the Common School Fund. The total fee revenue per case would range between $113 and $138. The amount of court fees deposited will vary depending on whether the case is filed in a court of record or a municipal court. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: A Class B misdemeanor is punishable by up to 180 days in jail. The average cost per day to incarcerate a prisoner is approximately $64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county jails across Indiana during CY 2021.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more revenue will be collected by certain local units. If the case is filed in a court of record, the county general fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a municipal court, the county receives $30, and the municipality will receive $46. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
State Agencies Affected:
Local Agencies Affected: Trial courts, local law enforcement agencies.
Weather control.
Introduced Version
HOUSE BILL No. 1335
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-17-16; IC 13-30-10-1.5.
Synopsis: Weather control. Prohibits a person who has the intent of affecting the intensity of sunlight, temperature, or weather from discharging a chemical or apparatus into the atmosphere, except in certain circumstances. Establishes that a violation is a Class B Misdemeanor.
HOUSE BILL No. 1335
A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 13-17-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Chapter 16. Weather Control
Sec. 1. This chapter does not apply to a person who operates a misting device or other temperature regulation device to warm or cool individuals on the same premises as the device.
Sec. 2. A person may not, with the intent of affecting the intensity of sunlight, temperature, or weather, discharge a chemical or apparatus into the atmosphere.
SECTION 2. IC 13-30-10-1.5, AS AMENDED BY P.L.181-2018, SECTION14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
Sec. 1.5. (a) Except as provided in subsection (b), a person regulated under IC 13-22 who knowingly:
transports hazardous waste to an unpermitted facility;
treats,stores, or disposes of hazardous waste without a permit issued by the department under IC 13-22; or
transports, treats, stores, disposes, recycles, or causes to be transported used oil regulated under rules adopted by the board without a manifest or in violation of the standards established by the department for the management of used oil; commits a Class B misdemeanor.
(b) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (a) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.
(c) Except as provided in subsection (d), a person regulated under IC 13-17 who knowingly violates:
any applicable requirements of IC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-7, IC 13-17-8, IC 13-17-9, IC 13-17-10, or IC 13-17-13 or of rules of the board implementing the chapters referred to in this subdivision;
any condition of a permit issued by the department under IC 13-17; or
any fee or filing requirement in IC 13-17, including the requirement to file an application for a permit under IC 13-17; commits a Class C misdemeanor.
(d) Notwithstanding the maximum fine provisions of IC 35-50-3-4, criminal fines for a person convicted of an offense described in subsection (c) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.
(e) Except as provided in subsection (f), a person who willfully or negligently violates:
any applicable standards or limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-12, IC 13-18-14, IC 13-18-15, or IC 13-18-16 or of rules of the board implementing the chapters referred to in this subdivision;
any condition of a National Pollutant Discharge Elimination System permit issued by the department under IC 13-18-19 or rules adopted by the board under IC 13-18-19;
any National Pollutant Discharge Elimination System Permit filing requirement under IC 13-18-19; or
any condition of a permit issued by the department in accordance with the requirements of 33 U.S.C. 1344; commits a Class A misdemeanor.
(f) Notwithstanding the maximum fine provisions of IC 35-50-3-2, criminal fines for a person convicted of an offense described in subsection (e) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.
(g) A person who willfully or recklessly violates any applicable standards or limitations of IC13-18-8 commits a Class B misdemeanour.
(h) A person who willfully or recklessly violates any applicable standards or limitations of IC 13-18-9, IC 13-18-10, or IC 13-18-10.5commits a Class C misdemeanor.
(i) A person who:
knowinglycommits anyact described in subsection (a),(c), or(e); and
knows that commission of the act places another person in imminent danger of death or serious bodily injury; commits a Level 4 felony. However, the offense is a Level 3 felony if it results in serious bodily injury to any person, and a Level 2 felony if it results in the death of any person.
(j) Itshall be a defense to an offense described in subsection (i) that
the person charged:
did not know; or
could not reasonably have been expected to know; that the violation would place another person in imminent danger or threat of serious bodily injury.
For the purposes of subsection (i), a person is responsible only for the person's own actual awareness or actual belief, and knowledge by another person may not be attributed to the person.
(k) A person who violates IC 13-17-16-2 commits a Class B misdemeanor.
(l) The penalties under this section apply regardless of whether a person uses electronic submissions or paper documents to accomplish the actions described in this section.
LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
NOTE PREPARED: Dec 3, 2024
BILL NUMBER: HB 1335
SUBJECT: Weather Control.
FIRST AUTHOR: Rep. Sweet BILL
FUNDS AFFECTED: X GENERAL X DEDICATED
IMPACT: State & Local
Summary of Legislation: This bill prohibits a person who has the intent of affecting the intensity of sunlight, temperature, or weather from discharging a chemical or apparatus into the atmosphere, except in certain circumstances. It also establishes that a violation is a Class B misdemeanor.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues: The bill provides that a person who discharges a chemical or apparatus into the atmosphere with the intent of affecting the intensity of sunlight, temperature, or weather commits a Class B misdemeanor. If additional court cases occur and fines are collected, revenue to both the Common School Fund and the state General Fund would increase. The maximum fine for a Class B misdemeanor is $1,000. Criminal fines are deposited in the Common School Fund. The total fee revenue per case would range between $113 and $138. The amount of court fees deposited will vary depending on whether the case is filed in a court of record or a municipal court. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: A Class B misdemeanor is punishable by up to 180 days in jail. The average cost per day to incarcerate a prisoner is approximately $64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county jails across Indiana during CY 2021.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more revenue will be collected by certain local units. If the case is filed in a court of record, the county general fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a municipal court, the county receives $30, and the municipality will receive $46. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
State Agencies Affected:
Local Agencies Affected: Trial courts, local law enforcement agencies.