South Carolina : 2025-2026 Regular Session : BILL H3915
South Carolina Clean Air Act
Sponsor: Rep Lee Gilreath & Rep Jay Kilmartin & Rep Sarita Edgerton & Rep Chris Huff & Rep April Cromer & Rep Stephen Frank & Rep Jackie Terribile
Bill Details
Amend The South Carolina Code Of Laws By Enacting The "south Carolina Clean Air Act"; By Amending Section 48-1-110, Relating In Part To Unlawful Discharges Of Air Contaminants, So As To Prohibit The Intentional Emission Of Any Air Contaminant Whose Purpose Is To Affect Temperature, Weather, Or Sunlight Intensity; To Establish Criminal Penalties; To Require The Department Of Environmental Services To Take Certain Actions, And For Other Purposes.
GeoLawWatch Bill Summary
Primary Prohibition:
- Bans the intentional release or use of chemicals, devices, or energy in South Carolina’s atmosphere to change weather, temperature, storm strength, or sunlight.
- Also bans aerosol injections intended to alter weather, strengthen storms, or cause harm.
Exemption:
- Cloud seeding is exempt from the ban only if conducted under a publicly disclosed contract that has been individually and specifically approved by the relevant public authorities. The contract must explicitly state the intended purposes, the methods to be used, the approved substances, the duration, and the affected geographic area. Operations must strictly adhere to what was publicly disclosed and approved within the contract.
Criminal Penalties:
- Intentionally injecting substances into the atmosphere is a felony, punishable by up to 10 years in prison and at least a $500,000 fine per day of violation.
Department of Environmental Services Requirements:
- If atmospheric chemical releases cause harmful effects, the department must inform the public.
- No part of the Freedom of Information Act may be used to withhold documents, reports, or records regarding stratospheric aerosol injection or other prohibited activities.
Private Citizen Legal Actions:
- Any individual whose health or property is harmed may bring a lawsuit against the federal government.
- Individuals who initiate such lawsuits, including whistleblowers, are protected from civil and criminal liability for statements made in court.
History
H. 3915 was introduced and received its first reading on February 6, 2025, with references noted on page 29 of the House Journal. Unlike its companion bills that were assigned to the House Committee on Agriculture, Natural Resources and Environmental Affairs, H. 3915 was referred to the House Committee on Judiciary, reflecting the bill's emphasis on criminal penalties and legal proceedings rather than environmental regulation. On February 25, 2025, Representative Terribile requested to be added as a sponsor, bringing the total sponsorship to seven representatives: Gilreath, Kilmartin, Edgerton, Huff, Cromer, Frank, and Terribile. The addition of a sponsor after introduction suggests growing legislative interest in the measure. H. 3915 is part of a cluster of four companion or similar bills addressing weather modification: H. 110, H. 3083, H. 4010, and H. 4624. The referral to the Judiciary Committee distinguishes this bill's path from its companions, which may allow for different procedural timing and committee consideration. The bill remains in the Judiciary Committee as of the last update, where it will undergo review focused on its criminal law and civil litigation provisions.
- Thu 06 Feb 2025 Introduced and read first time
- Thu 06 Feb 2025 Referred to Committee on Judiciary
- Tue 25 Feb 2025 Member(s) request name added as sponsor: Terribile
Consolidated Bill Text
126th Session, 2025-2026
H. 3915
General Bill
Sponsors: Reps. Gilreath, Kilmartin, Edgerton, Huff, Cromer, Frank and Terribile
Companion/Similar bill(s): 110, 3083, 4010, 4624
Summary: South Carolina Clean Air Act
A BILL
Whereas, the risk to human health and environmental welfare from broad scale geoengineering is more understood; and
Whereas, it is the intent of the State of South Carolina to protect the public health and welfare of South Carolina while allowing all authorized activities permitted under state law. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Clean Air Act."
SECTION 2. Section 48-1-110(e) of the S.C. Code is amended to read:
(e)(1) It is unlawful for any person, directly or indirectly, negligently or wilfully, to discharge any air contaminant or other substance in the ambient air that shall cause a hazardous level.
(2)(A) It is unlawful for a person to intentionally inject, release, or disperse, by any means, chemicals, chemical compounds, substances, or apparatus and energy frequencies manipulation within the borders of the State in the atmosphere with the express purpose of affecting temperature, weather, or the intensity of storms and the dimming of the sunlight. The prohibitions of this item include the manipulation of weather systems in storing through the means of aerosol injection chemicals, chemical compounds, substances, or apparatus for the purpose of intensifying the weather for any reason to harm persons or destroy property.
(B) Notwithstanding the penalties set forth in Section 48-1-320, a person who intentionally violates this item is guilty of a felony and upon conviction, the person may be imprisoned up to ten years and must be fined not less than five hundred thousand dollars for each day's violation.
(C) The provisions of this item do not apply to any person whose cloud seeding is a result of a publicly approved contract.
(3) The Department of Environmental Services must make information available to the public detailing the harmful effects to a person's health and personal property that result from chemicals being released into the atmosphere. No exemption to the state Freedom of Information Act prohibits the release of documents, reports, and other records relating to stratospheric aerosol injection or any other prohibited conduct, upon request.
(4)(A) Notwithstanding any provision of state or federal law to the contrary, a private citizen may file a private action against the federal government for the destruction of health and personal property.
(B) A private citizen who files a private action pursuant to this item is entitled to civil and criminal immunity for any testimony provided, including whistleblower immunity.
SECTION 3. This act takes effect upon approval by the Governor.