Introduced

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Indiana : 2025 Regular Session : BILL SB0364

Weather and the environment.

Sponsor: Sen Scott Alexander & Sen Dan Dernulc & Sen James Tomes & Sen Mike Bohacek

Bill Details

Weather and the environment. 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. Provides that a violation is a Class A misdemeanor.

GeoLawWatch Bill Summary

Primary Prohibition: The bill creates a new Chapter 16 ("Weather Control") in Indiana Code Title 13 (Environmental Law). It prohibits any person from discharging a chemical or apparatus into the atmosphere with the intent of affecting the intensity of sunlight, temperature, or weather.

Exemption: The prohibition does not apply to persons operating misting devices or other temperature regulation devices to warm or cool individuals on the same premises as the device. This narrow exemption covers items like patio misters, outdoor heaters, and similar localised comfort devices.

Penalties: A violation constitutes a Class A misdemeanour, punishable by up to one year in jail and a fine of up to $5,000. The offence is elevated to a Level 1 felony if the conduct results in serious bodily injury or death of any person. A Level 1 felony carries a prison term of 20 to 40 years with an advisory sentence of 30 years.

Enforcement: The bill does not designate a specific enforcement agency or create monitoring mechanisms. Prosecution would presumably fall to county prosecutors under standard criminal procedures.

Notable Absence: The bill contains no exemptions for existing weather modification activities (such as cloud seeding operations), federally authorised activities, emergency response, agricultural applications, scientific research, or state-permitted activities. The prohibition is structured around intent rather than specific substances or methods.

History

SB 364 was introduced by Senator Scott Alexander on January 13, 2025, the opening day of Indiana's 124th General Assembly. The bill received its first reading the same day and was referred to the Committee on Corrections and Criminal Law, a routing that reflects the bill's criminal penalty structure rather than its environmental subject matter.

The bill gained momentum in the following weeks with three additional senators joining as co-sponsors: Senator Dernulc and Senator Tomes were added as second and third authors on January 21, and Senator Bohacek signed on as a coauthor on January 30. Indiana's 2025 legislative session has a crossover deadline of February 20, 2025, meaning the bill must pass the Senate and move to the House by that date to remain viable. Final adjournment is scheduled for April 24, 2025.

Mon 13 Jan 2025 Authored by Senator Alexander
Mon 13 Jan 2025 First reading: referred to Committee on Corrections and Criminal Law
Tue 21 Jan 2025 Senator Dernulc added as second author
Tue 21 Jan 2025 Senator Tomes added as third author
Thu 30 Jan 2025 Senator Bohacek added as coauthor

Consolidated Bill Text

SENATE BILL No. 364

DIGEST OF INTRODUCED BILL

Citations Affected: IC 13-17-16; IC 13-30-10-1.5.

Synopsis: Weather and the environment. 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. Provides that a violation is a Class A misdemeanor.

Effective: July 1, 2025.

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, SECTION 14, 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:

(1) transports hazardous waste to an unpermitted facility;

(2) treats, stores, or disposes of hazardous waste without a permit issued by the department under IC 13-22; or

(3) 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:

(1) 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;

(2) any condition of a permit issued by the department under IC 13-17; or

(3) 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:

(1) 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;

(2) 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;

(3) any National Pollutant Discharge Elimination System Permit filing requirement under IC 13-18-19; or

(4) 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 IC 13-18-8 commits a Class B misdemeanor.

(h) A person who willfully or recklessly violates any applicable standards or limitations of IC 13-18-9, IC 13-18-10, or IC 13-18-10.5 commits a Class C misdemeanor.

(i) A person who:
(1) knowingly commits any act described in subsection (a), (c), or (e); and

(2) 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) It shall be a defense to an offense described in subsection (i) that the person charged:

(1) did not know; or

(2) 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 A misdemeanor. However, the offense is a Level 1 felony if the conduct results in serious bodily injury or death of any person.

(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.

Supplementary documents

LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT

FUNDS AFFECTED:	GENERAL [X]	IMPACT: State & Local
	DEDICATED [X]
	FEDERAL

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 provides that a violation is a Class A misdemeanor.

Effective Date: July 1, 2025.

Explanation of State Expenditures

Penalty Provision: 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 A misdemeanor, but the offense is a Level 1 felony if the conduct results in serious bodily injury or death of any person. A Level 1 felony is punishable by a prison term ranging from 20 to 40 years, with an advisory sentence of 30 years. The sentence depends on mitigating and aggravating circumstances. Assuming offenders can be housed in existing facilities with no additional staff, the marginal cost for medical care, food, and clothing is approximately $4,719 annually, or $12.93 daily, per prisoner. However, any additional expenditures are likely to be small.

Explanation of State Revenues

Penalty Provision: If additional court cases occur and fines are collected, revenue to both the Common School Fund (from criminal fines) and the state General Fund (from court fees) would increase. The maximum fine for a Level 1 felony is $10,000 and for a Class A misdemeanor is $5,000. 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

Penalty Provision: If more defendants are detained in county jails prior to their court hearings, local expenditures for jail operations may increase. However, any additional expenditures would likely be small. A Class A misdemeanor is punishable by up to one year in jail.

Explanation of Local Revenues

Penalty Provision: 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: Department of Correction.

Local Agencies Affected: Trial courts, local law enforcement agencies.

Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual; Department of Correction.