South Carolina : 2025-2026 Regular Session : BILL H4010
South Carolina Clean Air Act
Sponsor: Rep Lee Gilreath & Rep Chris Huff & Rep April Cromer & Rep Sarita Edgerton & Rep Adam Duncan & Rep Joe White & Rep Stephen Frank & Rep Jay Kilmartin
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 Require The Department Of Environmental Services To Take Certain Actions, And For Other Purposes.
GeoLawWatch Bill Summary
Primary Prohibition:
- Bans intentionally adding chemicals, substances, devices, or manipulating energy frequencies into South Carolina’s atmosphere if the goal is to change temperature, weather, storm strength, or reduce sunlight.
- This ban also covers using aerosol injections to change weather in ways that could hurt people or damage tree farms or other property.
Exemptions:
- Cloud seeding is allowed if it is done under contracts that have public approval.
- Legal crop dusting is not affected by these rules.
Criminal Penalties:
- The bill does not set new penalties. It changes Section 48-1-110(e) but keeps the penalties already listed in Section 48-1-320.
Department of Environmental Services Requirements:
- The department must share information with the public about health and property risks from chemicals released into the air.
- No Freedom of Information Act exemption can block the release of documents, reports, or records about stratospheric aerosol injection or other banned actions.
Enforcement Mechanisms:
- The bill does not add new ways to enforce these rules or allow private citizens to take legal action.
History
H. 4010 was introduced and received its first reading on February 13, 2025, with references noted on page 46 of the House Journal. The bill was referred to the House Committee on Judiciary on the same day, following the same committee assignment path as companion bill H. 3915 introduced a week earlier. The bill is sponsored by eight representatives: Gilreath, Huff, Cromer, Edgerton, Duncan, White, Frank, and Kilmartin. This represents the largest sponsorship group among the four companion bills (H. 110, H. 3083, H. 3915, and H. 4624), suggesting broad legislative support for this particular formulation of weather modification regulation. H. 4010's referral to the Judiciary Committee, rather than the Agriculture, Natural Resources and Environmental Affairs Committee, is notable given its agricultural exemptions. This assignment may reflect the committee's jurisdiction over criminal law matters, even though this version of the bill lacks the criminal penalties found in H. 3915 and H. 4624. The bill currently remains in the Judiciary Committee where it will undergo initial review and consideration.
- Thu 13 Feb 2025 Introduced and read first time
- Thu 13 Feb 2025 Referred to Committee on Judiciary
Consolidated Bill Text
126th Session, 2025-2026
H. 4010
General Bill
Sponsors: Reps. Gilreath, Huff, Cromer, Edgerton, Duncan, White, Frank and Kilmartin
Companion/Similar bill(s): 110, 3083, 3915, 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 to destroy or damage tree farms or other property.
(B) The provisions of this item do not apply to any person whose cloud seeding is a result of a publicly approved contract or a person that is lawfully crop dusting.
(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.
SECTION 3. This act takes effect upon approval by the Governor.