IABillHF191Superseded
A bill for an act relating to the intentional emission of air contaminants into the atmosphere.(See HF 927.)
- Introduced
- Passed one chamber
- Passed both chambers
- Passed
Iowa's geoengineering bill takes a minimalist statutory approach, establishing a bare prohibition while delegating the entire enforcement framework—including penalties—to the Environmental Protection Commission through administrative rulemaking.
Our summary
The bill bans the intentional release of air contaminants into the atmosphere if the goal is to change temperature, weather, or sunlight intensity. This rule applies throughout Iowa and takes precedence over any conflicting state laws because of its "notwithstanding" language.
The Environmental Protection Commission must create rules to implement the bill through the usual administrative process under Chapter 17A. The Commission also has emergency authority, so its rules can take effect immediately upon filing, without waiting for the usual notice-and-comment period.
There are some critical gaps in the bill. It does not list any penalties or enforcement methods, nor does it name an agency to enforce the law. All enforcement details are left for future rulemaking. The bill also does not define key terms, such as "air contaminants" or what counts as "intentional" emissions.
It is unusual for the bill to be placed in Chapter 708C, since Chapter 708 of the Iowa Code usually addresses assault and related crimes. This placement might suggest the new chapter is meant to signal criminal treatment, but the bill itself does not set any criminal penalties.
Legislative history
-
Committee report approving bill, renumbered as HF 927.
-
Committee vote: Yeas, 11. Nays, 5. Excused, 1. H.J. 546.
-
Committee report, recommending passage. H.J. 546.
-
Subcommittee recommends passage.
-
Subcommittee Meeting: 02/11/2025 12:00PM RM 102.
-
Subcommittee: Wengryn, Croken and Johnson, C. H.J. 183.
-
Introduced, referred to Environmental Protection. H.J. 175.
Additional documents
Bill text
House File 191
By Shipley, Fett, Hayes, Golding, Smith, A. Meyer, Wengryn, Sieck, Boden, Andrews, Gustoff, Williams, Cisneros, Young, Thompson, Dieken, Thomson, Gehlbach, Sitzmann, Sorensen, Wheeler, Wood, and Nordman
A Bill for an Act relating to the intentional emission of air contaminants into the atmosphere.
Be it enacted by the General Assembly of the State of Iowa:
Section 1. Section 455B.133, Code 2025, is amended by adding the following new subsection:
New Subsection. 11. Adopt rules pursuant to section 708C.1 prohibiting the intentional emission of air contaminants into the atmosphere within the borders of this state when such emission occurs for the express purpose of affecting temperature, weather, or the intensity of the sunlight. Notwithstanding any other law to the contrary, rules adopted pursuant to this subsection shall be controlling.
Sec. 2. New Section. 708C.1 Geoengineering.
Notwithstanding any other law to the contrary, the intentional emission of air contaminants into the atmosphere within the borders of this state when such emissions occur for the express purpose of affecting temperature, weather, or the intensity of sunlight is prohibited.
The environmental protection commission shall adopt rules pursuant to chapter 17A to administer this section. The environmental protection commission may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph "b", to administer this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this subsection shall also be published as a notice of intended action as provided in section 17A.4.