New Jersey : 2024-2025 Regular Session : BILL S4161
Prohibits release of certain substances into atmosphere for purposes of geoengineering.
Sponsor: Sen Michael Testa & Sen Holly Schepisi & Sen Joseph Lagana
Bill Details
Prohibits release of certain substances into atmosphere for purposes of geoengineering.
Bill summary (AI generated)
S4161 - Prohibits release of certain substances into atmosphere for purposes of geoengineering (221st Legislature, Introduced February 25, 2025)
• Aims and Enactment: The bill supplements Title 26 of the Revised Statutes.
• Prohibition: No person, including any private or public entity, shall release a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering.
• Definitions:
â—¦ Geoengineering is defined as the intentional manipulation of the environment using a chemical or physical agent intended to change Earth's atmospheric or surface conditions. This includes weather modification, aerosol injection, chaff dispersal, or cloud seeding activities.
â—¦ Hazardous means a chemical or physical agent that is naturally harmful to living organisms, property, or another interest of value.
â—¦ Weather modification is defined as changing, controlling, or interfering with the natural development of precipitation, temperature, or albedo (fraction of reflected radiation).
â—¦ Cloud seeding is a type of weather modification involving artificially creating cloud condensation nuclei to change precipitation.
• Federal Activity: If a federal agency or the armed forces carries out a prohibited geoengineering project in or over New Jersey, the Commissioner of Environmental Protection (DEP) must issue a notice stating the activity cannot be lawfully conducted.
• Enforcement and Public Reporting: The Department of Environmental Protection (DEP) shall enforce the act. The DEP must establish a program to encourage the public to monitor, measure, document, and report credible incidents of geoengineering violations, submitting evidence such as photographs, video, and precipitation analysis reports. The DEP must promptly investigate these credible reports.
• Penalties: A person who violates the act is liable for a civil administrative penalty:
â—¦ First offense: up to $10,000.
â—¦ Second offense: up to $25,000.
â—¦ Third and subsequent offenses: up to $50,000.
â—¦ Each day of violation constitutes a separate offense.
• Treatment of related terms: The bill uses geoengineering as the encompassing term, explicitly defining and including weather modification and cloud seeding within the scope of prohibited activities. The bill does not mention contrails.
History
The bill S4161, titled "Prohibits release of certain substances into atmosphere for purposes of geoengineering," was introduced in the Senate on February 25, 2025. It has since been referred to the Senate Environment and Energy Committee for further consideration. Next, the bill will undergo review and discussion within the Environment and Energy Committee, where members will evaluate its provisions and may propose amendments. If it passes this committee stage, it will then be scheduled for a vote in the Senate. Should the Senate approve the bill, it will proceed to the House of Representatives for similar scrutiny and voting. The outcome at each stage will determine whether it continues progressing through the legislative process.
- Tue 25 Feb 2025 Introduced in the Senate, Referred to Senate Environment and Energy Committee
Bill text (Transcribed)
SENATE, No. 4161
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED FEBRUARY 25, 2025
Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Prohibits release of certain substances into atmosphere for purposes of geoengineering.
CURRENT VERSION OF TEXT As introduced.
AN ACT concerning the release of certain substances into the atmosphere and supplementing Title 26 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey:
1. As used in this act:
"Albedo" means the fraction of incident radiation, such as light and heat, reflected by a natural cloud or by materials injected into the atmosphere.
"Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles in the atmosphere.
"Cloud seeding" means a weather modification technique for changing the amount, type, or distribution of precipitation from clouds by artificially creating cloud condensation nuclei or ice nuclei in the atmosphere.
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Geoengineering" means the intentional manipulation of the environment, through use of a chemical or other physical agent, which is effectuated with the intention of bringing about changes to Earth's atmospheric or surface conditions, including weather modification, aerosol injection, chaff dispersal, or cloud seeding activities.
"Hazardous" means that a chemical or other physical agent is, by its nature, harmful to living organisms, to property, or to another interest of value.
"Weather modification" means the changing, controlling, or interfering with; or the attempt to change, control, or interfere with; the natural development of cloud forms, precipitation, barometric pressure, temperature, albedo, conductivity, or other characteristics of the atmosphere.
2. a. No person, including any private or public entity, shall release a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering.
b. If a federal agency or branch of the armed forces carries out a project that involves the release of a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering, the commissioner shall issue a notice to an appropriate federal representative indicating that the activity cannot be lawfully carried out in or over the State of New Jersey.
3. a. The department shall establish a program to encourage members of the public to monitor, measure, document, and report incidents that may constitute geoengineering activities in violation of the provisions of this act. The program shall, at a minimum, allow members of the public to submit photographs, audio recordings, video recordings, precipitation analysis reports, images created through microscopy, spectrometry reports, and other appropriate forms of evidence to the department.
b. The department shall promptly investigate any credible reports received pursuant to this section, which indicate that a violation of the provisions of this act have occurred.
4. a. A person who violates the provisions of this act shall be liable to a civil administrative penalty of up to $10,000 for the first offense, up to $25,000 for the second offense, and up to $50,000 for the third and each subsequent offense. Each day in which a violation occurs shall be considered a separate offense. The department shall enforce the provisions of this act and the rules and regulations adopted pursuant thereto.
b. No civil administrative penalty pursuant to subsection a. of this section shall be imposed until after the suspected violator has been notified of the alleged violation by certified mail or personal service. The notice shall include:
(1) a reference to the section of the statute, regulation, order, or condition alleged to have been violated;
(2) a concise statement of the facts alleged to constitute a violation;
(3) a statement of the amount of the civil administrative penalty that may be imposed; and
(4) a statement of the right of the person to a hearing.
c. (1) A person served with notice pursuant to subsection c. of this section shall have 20 days after the receipt of the notice to request in writing a hearing before the department. The department may retain the matter for a hearing before the committee or transmit the matter to the Office of Administrative Law in accordance with the provisions of the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et seq.).
(2) If the hearing is conducted by the department, the hearing shall be conducted in accordance with relevant provisions of the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et 37 seq.) and regulations adopted pursuant thereto. After the hearing, if the department finds that a violation has occurred, the department may issue a final order assessing the amount of the civil administrative penalty set forth in the notice, if applicable.
(3) If no hearing is requested, then the notice shall become a final order 20 days after the date upon which the notice was served. Payment of the civil administrative penalty shall be due, and duration of the suspension, if any, shall begin, on the date when a final order is issued or the notice becomes a final order.
5. No later than 18 months after the date of enactment of this act, the department shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et 2 seq.), to implement the provisions of this act.
6. This act shall take effect immediately.
STATEMENT
This bill would prohibit persons, including private and public entities, from releasing a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering. A person who violates this prohibition would be liable to a civil administrative penalty of up to $10,000 for a first offense, under the bill.
As defined in the bill: "geoengineering" means the intentional manipulation of the environment, through use of a chemical or other physical agent, which is effectuated with the intention of bringing about changes to Earth's atmospheric or surface conditions, including weather modification, aerosol injection, chaff dispersal, or cloud seeding activities; and "hazardous" means that a chemical or other physical agent is naturally harmful to living organisms, to property, or to another interest of value.
The bill would also require the Commissioner of Environmental Protection to send a notice to an appropriate representative of the federal government, if a federal entity engages in the geoengineering activities prohibited by the bill in or over New Jersey. In addition, the bill would require the Department of Environmental Protection (DEP) to establish a program to encourage members of the public to monitor and report geoengineering activities that violate the bill's provisions. Finally, the bill would require the DEP to enforce the bill's provisions, and to adopt rules and regulations to implement the bill's provisions no later than 18 months after the bill's enactment.
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED FEBRUARY 25, 2025
Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Prohibits release of certain substances into atmosphere for purposes of geoengineering.
CURRENT VERSION OF TEXT As introduced.
AN ACT concerning the release of certain substances into the atmosphere and supplementing Title 26 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey:
1. As used in this act:
"Albedo" means the fraction of incident radiation, such as light and heat, reflected by a natural cloud or by materials injected into the atmosphere.
"Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles in the atmosphere.
"Cloud seeding" means a weather modification technique for changing the amount, type, or distribution of precipitation from clouds by artificially creating cloud condensation nuclei or ice nuclei in the atmosphere.
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Geoengineering" means the intentional manipulation of the environment, through use of a chemical or other physical agent, which is effectuated with the intention of bringing about changes to Earth's atmospheric or surface conditions, including weather modification, aerosol injection, chaff dispersal, or cloud seeding activities.
"Hazardous" means that a chemical or other physical agent is, by its nature, harmful to living organisms, to property, or to another interest of value.
"Weather modification" means the changing, controlling, or interfering with; or the attempt to change, control, or interfere with; the natural development of cloud forms, precipitation, barometric pressure, temperature, albedo, conductivity, or other characteristics of the atmosphere.
2. a. No person, including any private or public entity, shall release a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering.
b. If a federal agency or branch of the armed forces carries out a project that involves the release of a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering, the commissioner shall issue a notice to an appropriate federal representative indicating that the activity cannot be lawfully carried out in or over the State of New Jersey.
3. a. The department shall establish a program to encourage members of the public to monitor, measure, document, and report incidents that may constitute geoengineering activities in violation of the provisions of this act. The program shall, at a minimum, allow members of the public to submit photographs, audio recordings, video recordings, precipitation analysis reports, images created through microscopy, spectrometry reports, and other appropriate forms of evidence to the department.
b. The department shall promptly investigate any credible reports received pursuant to this section, which indicate that a violation of the provisions of this act have occurred.
4. a. A person who violates the provisions of this act shall be liable to a civil administrative penalty of up to $10,000 for the first offense, up to $25,000 for the second offense, and up to $50,000 for the third and each subsequent offense. Each day in which a violation occurs shall be considered a separate offense. The department shall enforce the provisions of this act and the rules and regulations adopted pursuant thereto.
b. No civil administrative penalty pursuant to subsection a. of this section shall be imposed until after the suspected violator has been notified of the alleged violation by certified mail or personal service. The notice shall include:
(1) a reference to the section of the statute, regulation, order, or condition alleged to have been violated;
(2) a concise statement of the facts alleged to constitute a violation;
(3) a statement of the amount of the civil administrative penalty that may be imposed; and
(4) a statement of the right of the person to a hearing.
c. (1) A person served with notice pursuant to subsection c. of this section shall have 20 days after the receipt of the notice to request in writing a hearing before the department. The department may retain the matter for a hearing before the committee or transmit the matter to the Office of Administrative Law in accordance with the provisions of the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et seq.).
(2) If the hearing is conducted by the department, the hearing shall be conducted in accordance with relevant provisions of the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et 37 seq.) and regulations adopted pursuant thereto. After the hearing, if the department finds that a violation has occurred, the department may issue a final order assessing the amount of the civil administrative penalty set forth in the notice, if applicable.
(3) If no hearing is requested, then the notice shall become a final order 20 days after the date upon which the notice was served. Payment of the civil administrative penalty shall be due, and duration of the suspension, if any, shall begin, on the date when a final order is issued or the notice becomes a final order.
5. No later than 18 months after the date of enactment of this act, the department shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et 2 seq.), to implement the provisions of this act.
6. This act shall take effect immediately.
STATEMENT
This bill would prohibit persons, including private and public entities, from releasing a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering. A person who violates this prohibition would be liable to a civil administrative penalty of up to $10,000 for a first offense, under the bill.
As defined in the bill: "geoengineering" means the intentional manipulation of the environment, through use of a chemical or other physical agent, which is effectuated with the intention of bringing about changes to Earth's atmospheric or surface conditions, including weather modification, aerosol injection, chaff dispersal, or cloud seeding activities; and "hazardous" means that a chemical or other physical agent is naturally harmful to living organisms, to property, or to another interest of value.
The bill would also require the Commissioner of Environmental Protection to send a notice to an appropriate representative of the federal government, if a federal entity engages in the geoengineering activities prohibited by the bill in or over New Jersey. In addition, the bill would require the Department of Environmental Protection (DEP) to establish a program to encourage members of the public to monitor and report geoengineering activities that violate the bill's provisions. Finally, the bill would require the DEP to enforce the bill's provisions, and to adopt rules and regulations to implement the bill's provisions no later than 18 months after the bill's enactment.