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New York : 2025-2026 Regular Session : BILL  A05476

Prohibits 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 sunlight; provides the department will establish a reporting process for violations; provides penalties for such violations.

Sponsor: Rep David DiPietro

Bill Details

Prohibits 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 sunlight; provides the department will establish a reporting process for violations; provides penalties for such violations.



GeoLawWatch Bill Summary

The bill amends New York's Environmental Conservation Law to prohibit the intentional injection, release, or dispersion of chemicals, chemical compounds, substances, or apparatus into the atmosphere within New York State for the purpose of affecting temperature, weather, or sunlight intensity.

Key provisions: Citizen reporting system: Any person who observes a geoengineering or weather modification activity may report it to the Department of Environmental Conservation (DEC) online, by telephone, mail, or email. The DEC must establish a dedicated email address and online form, make them publicly accessible, and create an intake and screening process. Reports warranting further review must be investigated.

Public infrastructure reporting mandate: All operators of public infrastructure must file monthly reports with the DEC identifying any aircraft observed, recorded, or documented that may be equipped, modified, or configured for geoengineering or weather modification activities, including registration number, aircraft type, date and time, and basis for identification.

Interagency assistance: The DEC may request assistance from the Department of Health, the Division of Homeland Security and Emergency Services, the Department of Transportation, or any other appropriate agency.

Penalties: Violation is a Class E felony. For corporations, officers, directors, and employees are individually liable as Class E felons. Aircraft operators or controllers face a fine of up to $5,000 and imprisonment of up to five years. Each violation constitutes a separate offence.

Fine disposition: All fines collected are deposited into New York's Air Quality Improvement Fund.

Rulemaking authority: The DEC is directed to adopt rules and regulations necessary to implement the prohibition.

Existing law adjustment: The bill amends the general air quality violation provision (Section 71-2105) to carve out geoengineering violations from the standard misdemeanour penalty structure, routing them instead through the new felony provision.



History

A05476 was introduced on February 14, 2025, by Assemblymember DiPietro and referred to the Committee on Environmental Conservation. The bill was held for consideration in that committee on May 13, 2025, a procedural status indicating the committee chose not to advance it before the end of the 2025 session. Under New York's biennial legislative cycle, the bill carried over into the 2026 session automatically and was re-referred to Environmental Conservation on January 7, 2026.

On February 6, 2026, the bill was amended and recommitted to the Environmental Conservation Committee, receiving the new print number 5476-A. The amendment process — where the committee discharged the original bill, amended it, and recommitted the revised version — is a standard New York Assembly procedure for incorporating changes while keeping the bill in committee. The bill currently sits in the Environmental Conservation Committee awaiting further action. New York's 2026 session has no fixed introduction deadline until June 10, 2026, giving the bill a long runway, but the Assembly typically organises its schedule around its own internal priorities.

  • Fri 14 Feb 2025 referred to environmental conservation
  • Tue 13 May 2025 held for consideration in environmental conservation
  • Wed 07 Jan 2026 referred to environmental conservation
  • Fri 06 Feb 2026 amend (t) and recommit to environmental conservation
  • Fri 06 Feb 2026 print number 5476a


Consolidated Bill Text

STATE OF NEW YORK

5476--A

2025-2026 Regular Sessions

IN ASSEMBLY

February 14, 2025

Introduced by M. of A. DiPIETRO -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law and the state finance law, in relation to prohibiting the release of certain chemical compounds into the atmosphere

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The environmental conservation law is amended by adding a new section 19-0330 to read as follows:

S 19-0330. Release of certain chemical compounds prohibited.

1. 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 sunlight is prohibited.

2. Any person who observes a geoengineering or weather modification activity conducted in violation of this section may report such observed violation to the department online or by telephone, mail, or e-mail.

(a) The department shall establish an e-mail address and an online form for individuals to report observed violations of this section. The department shall make the e-mail address and online form publicly accessible on its website.

(b) The department shall establish a method for intake and screening of the reports made pursuant to this section. The department shall investigate any report that warrants further review to determine whether a violation of this section occurred.

(c) The department may request assistance from the department of health, the division of homeland security and emergency services, the department of transportation, or any other appropriate agency.

3. All operators of public infrastructure shall report monthly to the department, using a method determined by the department. Such reports shall identify any aircraft observed, recorded, or documented that may be equipped, modified, or configured for geoengineering or weather modification activities; including the aircraft's registration number, type, date and time of observation, and the basis for such identification.

4. The department shall adopt rules and regulations necessary to implement this section.

S 2. The environmental conservation law is amended by adding a new section 71-2114 to read as follows:

S 71-2114. Violations of section 19-0330 of article 19 of this chapter.

1. Any person, including any public or private corporation, who conducts a geoengineering or weather modification activity in violation of section 19-0330 of this chapter shall be guilty of a class E felony. Where the violator of such section is a corporation, the officers, directors, or employees of such corporation shall be guilty of a class E felony. Each violation shall constitute a separate offense.

2. Where the violator of such section is an aircraft operator or controller, such person shall be guilty of a class E felony, and upon conviction thereof, shall be punished by a fine not exceeding five thousand dollars and by a term of imprisonment not exceeding five years. Each violation shall constitute a separate offense.

3. Any fines collected for violations of section 19-0330 of this chapter shall be deposited into the air quality improvement fund, in accordance with the provisions of section ninety-nine-rr of the state finance law.

S 3. Subdivision 1 of section 71-2105 of the environmental conservation law, as amended by chapter 99 of the laws of 2010, is amended to read as follows:

1. Except as provided in section 71-2113 and 71-2114 of this title, any person who shall wilfully violate any of the provisions of article 19 of this chapter or any code, rule or regulation promulgated pursuant thereto or any final determination or order of the commissioner made pursuant to article 19 of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine, in the case of a first conviction, of not less than five hundred dollars nor more than eighteen thousand dollars or by imprisonment for a term of not more than one year, or by both such fine and imprisonment, for each separate violation. If the conviction is for an offense committed after the first conviction of such person under this subdivision, such person shall be punished by a fine not to exceed twenty-six thousand dollars, or by imprisonment, or by both such fine and imprisonment. Each day on which such violation occurs shall constitute a separate violation.

S 4. Subdivision 2 of section 99-rr of the state finance law, as added by section 7 of part T of chapter 58 of the laws of 2024, is amended to read as follows:

2. Such fund shall consist of revenues received by the state pursuant to section 19-0328 of the environmental conservation law, fines collected pursuant to subdivision three of section 71-2114 of the environmental conservation law and all other moneys, appropriated, credited, or transferred thereto from any other fund or source pursuant to law.

S 5. This act shall take effect immediately.