Maine : 2025-2026 Regular Session : BILL LD499
An Act to Prohibit Geoengineering
Sponsor: Rep Tammy Schmersal-Burgess & Rep Kathy Javner & Rep Thomas Lavigne & Rep Michael Lemelin & Rep Sheila Lyman & Rep Richard Mason & Rep Reagan Paul & Rep Tracy Quint & Rep Michael Soboleski
Bill Details
An Act to Prohibit Geoengineering
GeoLawWatch Bill Summary
LD 499 would have prohibited geoengineering activities in Maine, defined as deliberate, large-scale interventions in Earth's natural systems to counteract climate change. The prohibition covered carbon dioxide management (techniques to remove CO2 from the atmosphere), solar radiation management (techniques to reflect sunlight back into space), stratospheric aerosol injection (releasing reflective particles into the stratosphere via aircraft, balloons, artillery, or other means), and weather modification techniques, including cloud seeding.
The bill extended liability to three categories of actors: those who directly engage in geoengineering, those who authorise such activities, and those who fund them.
Enforcement would have been assigned to the Department of Environmental Protection. Violations constituted a Class E crime with a mandatory fine of $10,000 per day of continuing violation. The bill explicitly overrode standard penalty provisions in both the environmental code and criminal code to establish this penalty structure.
A narrow exemption existed for scientific research authorised by DEP, but only if conducted in a controlled environment, without weather modification techniques, and without the intentional release of substances into the atmosphere. Authorised researchers would have been required to submit annual reports describing activities, findings, and environmental effects.
History
LD 499 was received by the House Clerk on February 6, 2025 and immediately referred to the Environment and Natural Resources Committee. The bill had nine House sponsors, all Republicans. The committee held a work session on March 19, 2025, emerging with a divided report rather than a unanimous recommendation.
On March 21, 2025, just before the first-year session's adjournment deadline, the bill was carried over to the next session via Joint Order SP 519—a procedural move that preserved it for later consideration rather than letting it die at the session's end. When the bill returned in late April, the committee formally reported out with competing recommendations: the majority favoured "Ought Not to Pass" while a minority supported "Ought to Pass as Amended."
On April 29, 2025, Representative Doudera of Camden moved to accept the majority's Ought Not to Pass report. The House agreed on a roll-call vote of 88-57, with 5 absent. The bill was sent to the Senate for concurrence, and on April 30, Senator Tepler of Sagadahoc successfully moved to accept the ONTP report. The bill was then placed in legislative files, formally killing it.
- Thu 06 Feb 2025 Received by the Clerk of the House on February 6, 2025.
- Thu 06 Feb 2025 The Bill was REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
- Wed 19 Mar 2025 Work Session Held
- Wed 19 Mar 2025 Voted: Divided Report
- Fri 21 Mar 2025 Carried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.
- Fri 25 Apr 2025 Reported Out: ONTP/OTP-AM
- Tue 29 Apr 2025 Reports READ.
- Tue 29 Apr 2025 On motion of Representative DOUDERA of Camden, the Majority Ought Not to Pass Report was ACCEPTED.
- Tue 29 Apr 2025 ROLL CALL NO. 101 (Yeas 88 - Nays 57 - Absent 5 - Excused 0 - Restricted - 1)
- Tue 29 Apr 2025 Sent for concurrence. ORDERED SENT FORTHWITH.
- Wed 30 Apr 2025 Reports Read
- Wed 30 Apr 2025 On motion by Senator TEPLER of Sagadahoc the Majority Ought Not to Pass Report ACCEPTED.
- Wed 30 Apr 2025 Placed in Legislative Files (DEAD)
Consolidated Bill Text
FIRST REGULAR SESSION-2025
Legislative Document No. 499
H.P. 328 House of Representatives, February 11, 2025
An Act to Prohibit Geoengineering
Received by the Clerk of the House on February 6, 2025. Referred to the Committee on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative SCHMERSAL-BURGESS of Mexico.
Cosponsored by Representatives: JAVNER of Chester, LAVIGNE of Berwick, LEMELIN of Chelsea, LYMAN of Livermore Falls, MASON of Lisbon, PAUL of Winterport, QUINT of Hodgdon, SOBOLESKI of Phillips.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA Section 579-A is enacted to read:
Section 579-A. Geoengineering prohibited
Notwithstanding any provision of law to the contrary, except as provided in subsection 2, a person may not engage in, authorize or provide funding for any activity that constitutes or involves geoengineering.
Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Carbon dioxide management" means any technique designed to remove carbon dioxide from the atmosphere.
B. "Geoengineering" means deliberate, large-scale intervention in the Earth's natural systems for the purpose of counteracting climate change. "Geoengineering" includes, but is not limited to, carbon dioxide management, solar radiation management, stratospheric aerosol injection and weather modification techniques.
C. "Solar radiation management" means any technique designed to reflect a portion of the sun's radiation back into space, including, but not limited to, stratospheric aerosol injection.
D. "Stratospheric aerosol injection" means the release of reflective sulfate or other aerosol particles into the stratosphere by high altitude planes or blimps, tethered balloons, artillery or other means for the purpose of solar radiation management.
E. "Weather modification technique" means any technique designed to alter or attempt to alter the Earth's natural weather patterns, including, but not limited to, cloud seeding.
Exemption; reporting. The prohibition on geoengineering in this section does not apply to scientific research activities authorized by the department that are conducted in a controlled environment and that do not involve weather modification techniques or the intentional release of substances or particles into the atmosphere or the environment. As a condition of authorizing a person to conduct any exempted activity described in this subsection, the department shall require the person to submit an annual report to the department describing the activity conducted, any research or findings resulting from the activity and an assessment of the actual or potential environmental effects of the activity.
Enforcement; violations. The department shall enforce the prohibition in this section. Notwithstanding section 349 or Title 17-A, section 1704, subsection 5 or any other provision of law to the contrary, a person that violates this section commits a Class E crime and is subject to a fine of $10,000 for each day the violation continues.
SUMMARY
This bill prohibits a person from engaging in, authorizing or providing funding for any activity that constitutes or involves geoengineering. Geoengineering is defined in the bill as the deliberate, large-scale intervention in the Earth's natural systems for the purpose of counteracting climate change, including, but not limited to, carbon dioxide management, solar radiation management, stratospheric aerosol injection and weather modification techniques. Certain scientific research activities authorized by the Department of Environmental Protection are exempted from this prohibition. The department is charged with enforcing the prohibition, and a person that violates the prohibition commits a Class E crime and is subject to a fine of $10,000 for each day the violation continues.
Supplementary documents
132nd MAINE LEGISLATURE
LD 499 LR 841(01)
An Act to Prohibit Geoengineering
Preliminary Fiscal Impact Statement for Original Bill
Sponsor: Rep. Schmersal-Burgess of Mexico
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Approved: 04/08/25
Preliminary Fiscal Impact Statement
| FY 2025-26 | FY 2026-27 | Projections FY 2027-28 | Projections FY 2028-29 | |
|---|---|---|---|---|
| Net Cost (Savings) | ||||
| General Fund | $109,480 | $117,482 | $119,494 | $124,326 |
| Appropriations/Allocations | ||||
| General Fund | $109,480 | $117,482 | $119,494 | $124,326 |
Correctional and Judicial Impact Statements
The additional workload associated with the minimal number of new cases filed in the court system does not require additional funding at this time. The collection of additional fines will increase General Fund or other dedicated revenue by minor amounts.
Fiscal Detail and Notes
This bill prohibits certain geoengineering-related activities and authorizes the Department of Environmental Protection (DEP) to enforce the prohibition. The DEP has indicated that the administrative activities associated with this bill would require additional staff and resources. The DEP would require ongoing General Fund appropriations of $109,480 beginning in fiscal year 2025-26 for one Environmental Specialist III position and associated costs.