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.
Bill summary (AI generated)
South Carolina Bill H3915 is cited as the "South Carolina Clean Air Act". Introduced and read for the first time on 6 February 2025, it was referred to the Committee on Judiciary. The bill differs from S0110/H3083 by noting that the risk from broadscale geoengineering is more understood. H3915 makes it unlawful for a person to intentionally inject, release, or disperse chemicals, chemical compounds, substances, or apparatus, and energy frequencies manipulation, within the state's atmosphere. The express purpose prohibited is affecting temperature, weather, or the intensity of storms and the dimming of the sunlight. The prohibitions also specifically cover the manipulation of weather systems through the storage of aerosol injection chemicals or apparatus for the purpose of intensifying the weather to harm persons or destroy property. The bill contains exceptions, noting the provisions do not apply to any person whose cloud seeding is a result of a publicly approved contract. A person who intentionally violates this item is guilty of a felony, facing imprisonment up to ten years and a fine of not less than five hundred thousand dollars for each day's violation. Furthermore, the bill mandates the Department of Environmental Services (DES) to make information publicly available detailing the harmful effects resulting from released chemicals, and restricts any exemption under the state Freedom of Information Act for records related to stratospheric aerosol injection or other prohibited conduct. H3915 also includes a private action clause, granting a private citizen the right to file an action against the federal government for the destruction of health and personal property, along with civil and criminal immunity for testimony provided, including whistleblower immunity. The act takes effect upon approval by the Governor.
History
The bill was introduced and read for the first time on February 6, 2025, and was subsequently referred to the Committee on Judiciary for review. A member of the legislature requested to be added as a sponsor for the bill shortly after. The bill remains active and will undergo committee discussions and evaluation; it must be approved by the committee before it can proceed to a vote in the full legislature. The next steps will involve further consideration and potential amendments by the Committee on Judiciary.
- 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
Bill text (Transcribed)
South Carolina Clean Air Act
South Carolina General Assembly
126th Session, 2025-2026
A bill
TO 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.
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 shall beis unlawful for any person, directly or indirectly, negligently or willfullywilfully, to discharge any air contaminant or other substance in the ambient air that shall cause an undesirablea 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.