Tennessee : 2025-2026 Regular Session : BILL SB1033
AN ACT to amend Tennessee Code Annotated, Title 58, Chapter 2 and Title 68, Chapter 201, relative to weather modification.
Sponsor: Sen Janince Bowling
Bill Details
As introduced, designates the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight, or supplying or otherwise providing the chemicals, chemical compounds, substances, or apparatus required for the conduct, as a Class A misdemeanor; makes other changes related to investigations and enforcement related to weather modification. - Amends TCA Title 58, Chapter 2 and Title 68, Chapter 201.
GeoLawWatch Bill Summary
Prohibitions
The bill introduces two new criminal offences:
- Intentionally putting chemicals, compounds, substances, or equipment into the air in Tennessee to change temperature, weather, or sunlight levels.
- Supplying chemicals, compounds, substances, or equipment for weather modification if the supplier knows or suspects they will be used that way.
Enforcement
The Attorney General and local district attorneys can investigate reports of violations, but only if:
- A state agency responsible under Section 58-2-116 finds the report credible, or
- The prosecutor reasonably believes that weather modification has happened or could have happened in connection with harm from an emergency.
Penalties
Violations are a Class A misdemeanour: up to 11 months and 29 days in jail, and up to a $2,500 fine.
- There is also a mandatory fine of $100,000 per violation, set by the Department of Environment and Conservation.
- Each time chemicals are injected, released, dispersed, or supplied, it counts as a separate violation.
Regulatory Integration
The bill amends Tennessee's emergency management law (Section 58-2-116) to clearly include weather modification as a subject that state agencies must study for emergency planning.
Notable Features
The supply chain liability rule is crucial because it makes not only those who perform weather modification, but also those who provide materials, criminally responsible if they know or have reason to believe how the materials will be used. The $100,000 fine for each violation is much higher than usual for a misdemeanour and is set by the Department, not a court.
History
SB 1033 was filed for introduction on February 5, 2025, the same day as its House companion. The bill passed first consideration on February 10 and second consideration on February 12, when it was referred to the Senate Energy, Agriculture, and Natural Resources Committee. After sitting in committee for a month, the bill was placed on the committee calendar for March 19, but action was deferred to March 26. On that date, the bill failed in committee.
The Senate committee's rejection of SB 1033 on March 26 came just two days after the identical House version passed the full House 69-21, creating an unusual situation where the originating chamber killed its own bill while the companion was succeeding. This may reflect different committee dynamics or sponsor relationships rather than substantive opposition to the bill's content—notably, the House-passed HB 1112 crossed to the Senate. It passed first consideration on the same day SB 1033 failed. The legislation remains alive through HB 1112, which is now the sole vehicle in the Senate.
- Wed 05 Feb 2025 Filed for introduction
- Mon 10 Feb 2025 Introduced, Passed on First Consideration
- Wed 12 Feb 2025 Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee
- Thu 13 Mar 2025 Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/19/2025
- Wed 19 Mar 2025 Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 3/26/2025
- Wed 19 Mar 2025 Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/26/2025
- Wed 26 Mar 2025 Failed in Senate Energy, Ag., and Nat. Resources Committee
Consolidated Bill Text
HOUSE BILL 1112 By Fritts
AN ACT to amend Tennessee Code Annotated, Title 58, Chapter 2 and Title 68, Chapter 201, relative to weather modification.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 58-2-116(a), is amended by deleting the second sentence and substituting:
At the governor's direction, state agencies, including, those charged with responsibilities in connection with flood plain management; stream encroachment and flow regulation; weather modification, including the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight; fire prevention and control; air quality; public works; land use and land use planning; and construction standards, shall make studies of emergency mitigation-related matters.
SECTION 2. Tennessee Code Annotated, Section 68-201-122, is amended by deleting the section and substituting:
(a) It is an offense to:
(1) Intentionally inject, release, or disperse, by any means, chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight; or
(2) Supply or otherwise provide a person with the chemicals, chemical compounds, substances, or apparatus required for the conduct described in subdivision (a)(1) if the supplier or provider knows or has reason to believe that the chemicals, chemical compounds, substances, or apparatus will be used for such conduct.
(b) The attorney general and reporter and local district attorneys may investigate a report of:
(1) A violation of subsection (a) if the report is deemed credible by a state agency charged with responsibilities as described in Section 58-2-116(a); or
(2) The occurrence of a harmful consequence of an emergency, as described in Section 58-2-116, if the attorney general and reporter or local district attorney reasonably believes that weather modification has or might have taken place.
(c)
(1) Notwithstanding Section 68-201-112, a violation of subsection (a) is a Class A misdemeanor.
(2) In addition to the penalty described in subdivision (c)(1), if the department determines that a person violated subsection (a), then the department shall assess a fine of one hundred thousand dollars ($100,000) per violation. For purposes of determining the applicable penalty under this subdivision (c)(2), each instance of injecting, releasing, or dispersing chemicals, chemical compounds, substances, or apparatus for the purposes described in subdivision (a)(1), and each instance of supplying or otherwise providing the chemicals, chemical compounds, substances, or apparatus in violation of subdivision (a)(2), is a separate violation.
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and applies to conduct occurring on or after that date.
Supplementary documents
SB 1033 - HB 1112
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 28, 2025
Fiscal Analyst: [Redacted]
SUMMARY OF BILL
Criminalizes supplying or providing chemicals, chemical compounds, substances, or apparatus into the atmosphere to affect temperature, weather, or sunlight intensity when the supplier knows or has reason to believe they will be used for weather modification. Classifies violations as Class A misdemeanors and imposes a fine of $100,000 per offense.
Authorizes the Attorney General (AG) and local district attorneys to investigate violation reports.
FISCAL IMPACT
NOT SIGNIFICANT
Assumptions:
The Department of Environment and Conservation's Division of Air Pollution Control (APC) is responsible for maintaining the state's air quality. Their duties include issuing construction and operating permits, conducting compliance inspections, enforcing air pollution regulations, and overseeing ambient air monitoring stations.
Given these established responsibilities and existing infrastructure, it's reasonable to assume that APC can manage any duties within existing personnel and resources.
Any increase in the number of complaints handled by the AG or local district attorneys is estimated to be not significant and can be handled by existing staff during normal work hours.
There will not be a sufficient number of prosecutions for state or local government to experience any significant increase in revenue or expenditures.
It is assumed that the action prohibited by this legislation is not currently occurring in this state, nor will it in the future; therefore, this legislation will result in no significant fiscal impact on state government.
CERTIFICATION
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director