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.
GeoLawWatch Bill Summary
Primary Prohibition: The bill prohibits any person, including private and public entities, from releasing a hazardous chemical or other hazardous physical agent into the atmosphere for the purposes of geoengineering. This is structured as a civil regulatory offence rather than a criminal matter, with enforcement assigned to the Department of Environmental Protection.
Definitions: The bill provides focused definitions:
"Geoengineering" means the intentional manipulation of the environment through the 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.
"Weather modification" means changing, controlling, or interfering with (or attempting to do so) the natural development of cloud forms, precipitation, barometric pressure, temperature, albedo, conductivity, or other characteristics of the atmosphere.
"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
.The bill also defines "albedo" (the fraction of incident radiation reflected by clouds or injected materials), "chaff" (aluminum-coated silica glass fibers dispersed in bundles), and "cloud seeding" (weather modification technique using artificial cloud condensation or ice nuclei).
Penalties: Violations are subject to civil administrative penalties on an escalating scale: up to $10,000 for a first offence, up to $25,000 for a second offence, and up to $50,000 for third and subsequent offences. Each day of violation constitutes a separate offence. No criminal penalties are included.
Enforcement Mechanism: The Department of Environmental Protection must establish a public monitoring and reporting program allowing citizens to submit photographs, audio recordings, video recordings, precipitation analysis reports, microscopy images, spectrometry reports, and other evidence. The department must promptly investigate credible reports.
Federal Activity Provision: If a federal agency or branch of the armed forces conducts geoengineering activities, the Commissioner must issue notice to an appropriate federal representative that the activity cannot lawfully be carried out in or over New Jersey.
Administrative Process: Suspected violators must receive notice via certified mail or personal service before penalties are imposed, with the right to request a hearing within 20 days. The department must adopt implementing rules and regulations within 18 months of enactment.
Notable Features: Unlike many state geoengineering bills, this measure is placed in Title 26 (Health and Vital Statistics) rather than the environmental or criminal code. The prohibition applies only to "hazardous" substances, potentially creating a significant loophole for materials not deemed harmful.
History
S4161 was introduced by Senator Michael L. Testa, Jr. (R-District 1, Atlantic, Cape May and Cumberland) on February 25, 2025, and referred to the Senate Environment and Energy Committee the same day. The bill gained bipartisan co-sponsorship, with Senators Schepisi (Republican) and Lagana (Democrat) signing on, and sponsorship was updated as of June 9, 2025. Despite this bipartisan support, the bill received no committee hearing or further action during the session.
New Jersey operates on a two-year legislative cycle, with the 221st Legislature's 2024-2025 session concluding in January 2026. Bills that do not pass by the session's end do not carry over and must be reintroduced in the next legislative session. S4161's failure to advance beyond introduction means it died upon sine die adjournment without receiving substantive consideration.
- Tue 25 Feb 2025 Introduced in the Senate, Referred to Senate Environment and Energy Committee
Consolidated Bill Text
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED FEBRUARY 25, 2025
Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
Co-Sponsored by:
Senators Schepisi and Lagana
SYNOPSIS
Prohibits release of certain substances into atmosphere for purposes of geoengineering.
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 of New Jersey:
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.
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.
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.
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 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.
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 seq.), to implement the provisions of this act.
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.